Vol. 39, No. 1, Spring 2005
Special Issue on Domestic Violence
Lisae C. Jordan, Introduction: Special Issue on Domestic Violence, 39 Fam. L.Q. 1 (2005).
This article introduces the Family Law Quarterly's 2005 special issue on domestic violence, which seeks to build on scholarship that is useful to practitioners and to be part of the momentum to end violence between intimate partners. The author provides an overview of what has transpired in the area of domestic violence since Congress passed the Violence Against Women Act (VAWA) and the Family Law Quarterly published it's last special issue on domestic violence some ten years ago.
Margaret Drew, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients? 39 Fam. L.Q. 7 (2005).
This article explores lawyer malpractice in cases involving domestic violence. The author examines the potential hazards from the perspective of representing the offender as well as the victim. The author advances the idea that domestic violence may be unrecognized in many cases if the attorney is not familiar with the appropriate indicators. In addition, an attorney may be unwilling to raise issues of abuse due to the attorney's own discomfort with the topic. The author argues that the family law lawyer's failure to recognize and address issues of violence places the lawyer at risk for client claims of malpractice as well has other claims. Judge Lowell D.
Castleton, Bruce J. Castleton, Melissa M. Bonney & Amber M. Moe, Ada County Family Violence Court: Shaping the Means to Better the Result, 39 Fam. L.Q. 27 (2005).
This article discusses how the Ada County Family Violence Court, located in Boise, Idaho, began, has progressed, and is intended to continue into the future. The article discusses the court system's traditional response to domestic violence and explores the complexities of forming a court that includes civil protection order and domestic relations cases (i.e., divorce and child custody cases), as well as criminal misdemeanor cases. It explains why these components were chosen and the challenges of adding the criminal component to the coordinated court. The article includes a summary of a grant project that is incorporated into the Family Violence Court to provide support, resources, and funding to families for substance abuse treatment, domestic violence treatment and counseling, and parent education.
Jane C. Murphy & Robert Rubinson, Domestic Violence and Mediation: Responding to the Challenges of Crafting Effective Screens, 39 Fam. L.Q. 53 (2005).
This article explores the challenges of developing and implementing effective ways to screen for domestic violence prior to referral to mediation. Decisions about whether mediation is appropriate for family disputes are particularly crucial and delicate when domestic violence is present. As a result, most family mediation rules and statutes include some provision for excluding or otherwise giving special treatment to cases involving couples where abuse has been or is present. Nevertheless, evidence suggests that these approaches have not been effective. In approaching this issue, the article examines the risks of mediating matters involving domestic violence, the complexity and variability of what we mean by ômediationö and by ôdomestic violence,ö and legislative and judicial attempts to screen for domestic violence in court-referred and mandated mediation. The article concludes with ôbest practicesö in how to screen for domestic violence prior to mediation.
Catherine F. Klein, Leslye E. Orloff & Hema Sarangapani, Border Crossings: Understanding the Civil, Criminal, and Immigration Implications for Battered Women Fleeing Across State Lines with Their Children, 39 Fam. L.Q. 109 (2005).
This article provides an overview of the impact of state criminal parental kidnapping or custodial interference statutes on immigrant survivors of domestic violence who already have left or wish to leave their state with their children. It discusses the jurisdictional laws that relate to interstate custody, criminal implications of intrastate versus interstate custodial interference; the varying applicability of custodial interference statutes for parents who do and do not have court-ordered custody; statutory exceptions or defenses to domestic violence survivors who face criminal prosecution for parental kidnapping; and immigration consequences related to such a conviction. The article provides an overview of interstate parental relocation on civil family court custody determinations, and concludes with a discussion of the ethical issues that arise for lawyers representing survivors who flee violence with their children.
Julie Goldscheid, The Civil Rights Remedy of the 1994 Violence Against Women Act: Struck Down but Not Ruled Out, 39 Fam. L.Q. 157 (2005).
This article reviews and analyzes legal theories and strategies available to those seeking redress for the civil rights violations violence against women produces after the U.S. Supreme Court struck the federal civil rights remedy of the 1994 Violence Against Women Act (VAWA) in United States v. Morrison. It briefly summarizes the civil rights remedy+s history and reviews the laws still available to victims.The article discusses new laws and legislative proposals modeled after the VAWA civil rights remedy but enacted by states and localities; state statutes that authorize civil recovery for bias-motivated violence, some of which predate VAWA; and both traditional and newly enacted laws prohibiting discrimination that interferes with victims+ civil rights and prevents their economic independence and full participation.
Pamela Saperstein, Teen Dating Violence: Eliminating Statutory Barriers to Civil Protection Orders, 39 Fam. L.Q. 181 (2005).
This article provides a model definition of teen dating violence, which provides comprehensive coverage to victims, and urges states to adopt its language. It gives an overview of the problem, highlights the range of abusive behaviors and their consequences for the individual and society. The author examines the similarities and differences between violent adolescent dating relationships and adult domestic violence relationships, and explores the three biggest statutory barriers to civil protection orders for teen victims. The article concludes with model statutory language for civil protective orders without parental consent.
Annette M. Gonzalez & Linda M. Rio Reichmann, Representing Children in Civil Cases Involving Domestic Violence, 39 Fam. L.Q. 197 (2005).
This article explores representation and services for children in civil cases with domestic violence issues. The authors explain the current status of the law in both custody and civil protective order cases with regard to general children's issues and representation for children. They conclude with recommendations regarding legal representation and other services for children, statutory changes for jurisdictions, and decision-making guidelines for civil cases with domestic violence issues.
Allen M. Bailey, A Review of The Batterer As Parent by Lundy Bancroft & Jay G. Silverman and Why Does He Do That? by Lundy Bancroft, 39 Fam. L.Q. 221 (2005).
The author reviews two recent books on domestic violence issues. The first, The Batterer As Parent; Addressing the Impact of Domestic Violence on Family Dynamics, is by Lundy Bancroft and Jay G. Silverman, Ph.D., and is described as the most succinct and well-annotated summary of research and information relating to abusive fathers in child custody actions. The reviewer finds it to be a readable and easily understood summary of the information needed by courts, counsel and parents to achieve the greatest protection for children in violent homes. The second book, Why Does He Do That? Inside the Minds of Angry and Controlling Men, is also by Lundy Bancroft and provides abused women with a helpful and informative look into the psyches of men who control and abuse their partners--information that can help them to make good decisions about safety and their children.
Publication Date: July 2005