| Directory > Society > People > Women > Issues > Violence and Abuse > Domestic Violence > Legal Issues Domestic and Family Violence: Criminal Justice Interventions
Paper by Robyn Holder which explores some of the contemporary debates and dilemmas in implementing
criminal justice reform in the area of domestic violence. From the Australian Domestic and Family
Violence Clearinghouse.
http://www.austdvclearinghouse.unsw.edu.au/PDF%20files/issuespaper3.pdf
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New Mexico Judicial Education Center Domestic Violence Benchbook
Interactive learning tool for domestic violence, including he applicable requirements of state and
federal laws and court cases. It provides information on the dynamics of domestic violence,
explains the process governing orders of protection, describes how domestic violence can affect a
variety of civil and criminal cases, and addresses pretrial, trial and sentencing issues.
http://jec.unm.edu/topics/dv.htm
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The Battered Mothers' Testimony Project: A Human Rights Report on Child Custody & Domestic Violence in Massachusetts.
Published by the Women's Rights Network, Wellesley Centers for Women. A human rights report on
child custody and domestic violence issues
http://www.wcwonline.org/wrn/batteredreport.html
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Domestic Violence - Mediation Policy in Domestic Violence
The American Bar Association recommends that court-mandated mediation include an opt-out
prerogative in any action in which one party has perpetrated domestic violence upon the other
party.
http://www.abanet.org/domviol/med_reccomend.html
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National Council of Family and Juvenile Court Judges
Specialized information packets on family violence issues. First copy of each is free.
http://www.nationalcouncilfvd.org/pubs/info_packets.html
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Power Inequality and Dissociated Coercion in the Mediation of Interpersonal and Domestic Disputes: Recognition and Response
Article by Jennifer P. Maxwell, Ph.D., 1998
http://dept.kent.edu/cacm/pwr_ineq.htm
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San Diego City Attorney - Domestic Violence Unit
Information on domestic violence,stalking, and legal strategies for prosecution of crimes involving
relationship violence.
http://www.sandiegodvunit.org/index.html
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Brandt v. Brant - Michigan Court of Appeals
Decision upholding no contact order restricting parents' contact with children with order of
protection in place.
http://courtofappeals.mijud.net/documents/opinions/final/coa/20020219_c225375(67)_53o.225375.op....
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Increasing Your Safety: Full Fiath and Credit for Protection Orders
Developed and Distributed by National Center on Full Faith and Credit, Pennsylvania Coalition
Against Domestic Violence. This guide is for you or someone you know who has a protection order
and who may travel across state, territorial or tribal lines. It is intended to help you use the
full faith and credit provision of the federal Violence Against Women Act (VAWA) of 1994. It also
explains the federal law and offers ideas about where to get help if you have problems with
enforcement of your protection order.
http://www.vaw.umn.edu/FinalDocuments/survivorbrochure.asp
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Innocent Spouse Tax Relief
Information from the IRS on help for spouses who have tax liability because of erroneous filing by
a partner. Batterers may threaten to use legal issues such as tax liability against partners to
keep them from leaving or requesting equitable child support. The IRS offers help with this filing
option. Spouses in danger can be protected from batterers' learning their current address or other
identifying information. Consult IRS offices for information.
http://www.irs.gov/pub/irs-pdf/f12507.pdf
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Understanding the Batterer in Custody and Visitation Disputes
Article by Lundy Bancroft in pdf format.
http://www.gate.net/~liz/liz/understanding-the-batterer-in-visitation-and-custody-disputes.pdf
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Domeestic Violence Medical Records
An essay from the Harvard School on Public Health discussing the importance of medical records in
domestic violence legal cases.
http://www.hsph.harvard.edu/ats/Aug11/
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Helping With Domestic Violence: Legal Barriers to Serving Teens in Illinois
Center for Impact Research
http://www.impactresearch.org/documents/legalissuesreport.pdf
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US v. BUNNELL
Protection order and firearm possession case law.
http://laws.lp.findlaw.com/1st/011162.html
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Domestic Violence Organizations Online: Risks, Ethical Dilemmas, and Liability Issues
Violence Against Women Online Resources - University of Michigan
http://www.vaw.umn.edu/FinalDocuments/CommissionedDocs/online_liability.asp
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Opinion: Supreme Court, State of Iowa - Re: Issues of personal jurisdiction and forum non conveniens.
Nathan Bartsch, a nonresident of Iowa, appeared specially in an Iowa
domestic-abuse case under Iowa Code chapter 236 (1999) to challenge the courtÕs
personal jurisdiction over him. The court agreed it did not have personal jurisdiction but
concluded that, for purposes of entering a protective order under chapter 236, personal
jurisdiction was not required. The court also denied NathanÕs motion to dismiss based on forum non
conveniens.
http://www.judicial.state.ia.us/supreme/opinions/20011115/00-0068.asp
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Michigan vs. Kurr
Appeal granted to woman convicted of manslaughter on grounds of defense of others. Defendant was
pregnant when she stabbed boyfriend who had assaulted her.
http://news.findlaw.com/hdocs/docs/abortion/mikurr10402opn.pdf
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Domestic Violence Safety Plan
Safety tips for victims of domestic violence from the American Bar Association. Includes
information in Spanish.
http://www.abanet.org/tips/dvsafety.html
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Louisiana Protective Order Registry
The Louisiana Protective Order Registry (LPOR) is a project of the Judicial Administrator's Office
of the Louisiana Supreme Court. This computerized database was established by state legislation
in 1997 and serves as a repository for temporary restraining orders, protective orders, preliminary
and permanent injunctions, court approved consent agreements, peace bonds, bail restrictions,
sentencing orders, and probation conditions issued for the purpose of preventing harassment,
threats, or violence against an intimate partner or family member.
http://www.lasc.org/court_manage_programs/LPOR/
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Sanctuary for Families - Legal Center
News and court opinions from an agency in New York State working for the rights of women an
children in families where abuse occurs.
http://www.sanctuaryforfamilies.org/index15.htm
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Employment Rights for Survivors of Abuse
NOW Legal Defense and Education Fund helps abused women escape the cycle of violence by advocating
for their employment rights through its Employment Rights for Survivors of Abuse project.
http://www.nowldef.org/html/issues/work/ersastart.shtml
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The Impact of Domestic Violence Allegations in Custody Determinations
Journal of the Bar Association of Metropolitan St. Louis
http://www.bamsl.org/barjour/winter01/Montello.htm
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Validity and Use of Evidence Concerning Battering and Its Effects in Criminal Trials
Report to Congress on battered women's syndrome. Published jointly by the U.S. Department of
Justice, Office of Justice Programs, National Institute of Justice and U.S. Department of Health
and Human Services, National Institute of Mental Health.
http://www.ojp.usdoj.gov/nij/vawprog/man04.htm
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Educating To End Domestic Violence
A Law School Report by the American Bar Association Commission on Domestic Violence. Produced with
the support of the Office for Victims of Crime, U.S. Department of Justice
http://www.ojp.usdoj.gov/ovc/publications/infores/etedv/welcome.html
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How to Write a Letter to the Judge for Victims of Rape, Domestic Violence, and Child Abuse
Women's Justice Center
http://www.justicewomen.com/tips_write.html
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Early Identification of Risk Factors for Parental Abduction OJJDP Publications - General Resources
Office of Juvenile Justice and Delinquency Prevention report in Adobe Acrobat (PDF) format.
http://www.ncjrs.org/pdffiles1/ojjdp/185026.pdf
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DV Law Search
The Family Violence Department (FVD) of the National Council of Juvenile and Family Court Judges
(NCJFCJ) is dedicated to improving the way courts, law enforcement, agencies and others respond
to family violence, while recognizing the legal, cultural and psychological dynamics involved,
the ultimate goal of improving the lives of domestic violence victims and their children.
http://www.nationalcouncilfvd.org/database/index.php?submit=Go+To+DV+Law+S
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National Alliance for Family Court Justice
The National Alliance For Family Court Justice, founded in 1993 by Elisabeth Richards of
Annandale,Virginia, is an international group of volunteers dedicated to addressing system failure
in the courts and social services resulting in retaliation against non-offending parents who
complain of family abuse, especially mothers of children who disclose sexual abuse.
http://www.nafcj.org/
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The NIJ Research Review: NCJ Number 184752
Test of the Efficacy of Court-Mandated Counseling for Domestic Violence Offenders: The Broward
Experiment NCJ Number: 184752 Author: Lynette Feder ; David R. Forde Sponsor: National Institute
of Justice US Dept of Justice
http://www.ncjrs.org/rr/vol1_5/15.html
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Domestic Violence Court Builds on Drug Court Model
Join Together Organization news article
http://www.jointogether.org:80/gv/wire/features/reader.jtml?Object_ID=259380
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Macias Case Expert Witness Declaration
Testimony in the wrongful-death suit of Macias vs. Sheriff Mark Ihde et al. Maria Teresa Macias was
shot and killed by her estranged husband after repeated requests to enforce a restraining order
were ignored by the Sonoma County, California, sheriff's department.
http://www.justicewomen.com/witness.html
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Domestic Violence Notepad: A listing of resources
Provides links to articles, legal help, resources to help victims of domestic violence.
http://www.womenlawyers.com/domestic.htm
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Stop Excusing Violence Against Women - NAWL's Brief on Defence of Provocation
National Association of Women and the Law (Canada)
http://www.nawl.ca/provocation.htm
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Reforming Criminal Code Defences: Provocation, Self-Defence and The Defence of Property (Canada)
The defences of provocation, self-defence, and defence of property are frequently invoked in the
context of crimes involving the use of force. Canada's laws for these defences have remained
virtually unchanged for over a hundred years. Their application and meaning have been refined by
decades of judicial interpretation, but the defences are still governed by
the language of the Criminal Code. Many individuals and groups believe that these defences
reflect archaic and outmoded values and principles and that they need to be reformulated to address
modern concerns and realities, particularly in the domestic sphere.
http://canada.justice.gc.ca/en/cons/rccd/index.html
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Domestic Violence and the Provocation Defence
Arguments against the use of the "loss of control" or provocation defence. Published by
Zero Tolerance Against Violence, Canada
http://www.zerotolerance.ca/3_domestic_violence.htm
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Battered Women's Justice Project
The Battered Women's Justice Project (BWJP) is a collaborative effort of three nationally respected
organizations that have pioneered innovative civil and criminal justice responses to domestic
violence. Maintains resource library of materials related to domestic violence and the justice
system.
http://www.bwjp.org
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Robert Conrad vs. Zulfia Babadjanova
Robert Conrad vs. Zulfia Babadjanova Court transcript of judge's decision. Allegation of
harassment/domestic violence against woman who ended a relationship with the plaintiff. Decision
for the defendant.
http://www.babadjanova.com
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Never Again Foundation
An agency claiming to provide free legal help to women who have been abused or sexually assaulted.
No information is provided on officers or directors of this entity. Proceed with caution.
http://www.neveragainfoundation.org
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Women's Law Initiative
In this website, you will find state-by-state domestic violence legal and procedural information.
http://www.womenslaw.org/
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Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Research Findings, and Recommendations
Final Report of the Child Custody and Visitation Focus Group
http://www.vaw.umn.edu/Vawnet/custody.htm
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Battered Women and Their Children
Kathleen Waits, Houston Law Review, 1998, Symposium: Domestic Violence and the Health Care System -
A personal story of one battered woman's experience in the family court system.
http://www.omsys.com/fivers/waits_houston.htm
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Domestic Violence: Civil Liability FAQ - Nolo's Legal Encyclopedia
Information about taking legal action against your abuser.
http://www.nolo.com/encyclopedia/articles/mlt/sp26.html?r=00150017403202000
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Women Empowered Against Violence (WEAVE)
WEAVE provides holistic services, including legal representation, counseling, and social services,
to victims of domestic violence.
http://www.weaveincorp.org/about/programs.htm
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FindLaw Citations for Shipp and Gates vs. McMahon et al.
Information on Tort claim by woman who asserts denial of equal protection on the part of law
enforcement in domestic violence case in Louisiana.
http://laws.lp.findlaw.com/5th/9831317cv1.html
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Domestic Violence: Taking Action FAQ - Nolo's Legal Encyclopedia
How to stop domestic violence.
http://www.nolo.com/encyclopedia/articles/mlt/sp25.html
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Domestic and Family Violence Resources
The Tribal Court Clearinghouse - Links and Information on Domestic and Family Violence fortribal
court personnel, tribal law enforcement personnel, domestic violence victim service agency
personnel, social services personnel, and others in handling domestic violence cases and issues.
http://tribal-institute.org/lists/domestic.htm
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Waikato Law Review: Special Edition on Domestic Violence
Waikato Law Review: Volume 4, Special Edition 1996, Australia
http://www2.waikato.ac.nz/law/wlr/special_1996/
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Visits in Cases Marked By Violence [Julie Kunce Field]
Legal methods for structuring supervised visitation when there has been violence in the family.
http://www.omsys.com/fivers/visits.htm
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Stalking Through The Courts
The father's rights movement - how to legally stalk, harass, and intimidate victims of domestic
violence after a restraining order has been issued.
http://www.gate.net/~liz/liz/FRtactic.html
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Domestic Violence and the Courtroom
Understanding the Problem and knowing the Victim. The American Judges Foundation.
http://aja.ncsc.dni.us/domviol/booklet.html
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Legal Services Online-Main Menu Page
Interactive site walks clients through the procedures for obtaining an order of protection in
Georgia courts.
http://www.fcny.org/dv/main.htm
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Domestic Violence Home Page
The American Bar Association's web site for domestic violence issues. Information for attorneys
and survivors. Contains information on protecting privacy for survivors during and after divorce.
http://www.abanet.org/domviol/home.html
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Is there a tilt toward abusers in child custody decisions?
Link to Abstract: Sachs, N. P. (2000). Journal of Psychohistory, 28(2), 203-227. This article
discusses why abusers are often favored by personnel in the legal system during child custody
disputes. The author proposes some new standards that would reform some of these problems and
ensure that children are placed in the custody of the better parent.
http://fatherfamilylink.gse.upenn.edu/fatherlit/action.lasso?-database=full.fmp&-response=f....
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