Domestic Abuse, Victims and the Law


Book Description

The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim’s rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.




A Troubled Marriage


Book Description

Brave, humane, and generous . . . still he was only a brave, humane, and generous rebel; curse on his virtues, they've undone this country. --Member of British Parliament Lord North, upon hearing of General Richard Montgomery's death in battle against the British At 3 a.m. on December 31, 1775, a band of desperate men stumbled through a raging Canadian blizzard toward Quebec. The doggedness of this ragtag militia--consisting largely of men whose short-term enlistments were to expire within the next 24 hours--was due to the exhortations of their leader. Arriving at Quebec before dawn, the troop stormed two unmanned barriers, only to be met by a British ambush at the third. Amid a withering hale of cannon grapeshot, the patriot leader, at the forefront of the assault, crumpled to the ground. General Richard Montgomery was dead at the age of 37. Montgomery--who captured St. John and Montreal in the same fortnight in 1775; who, upon his death, was eulogized in British Parliament by Burke, Chatham, and Barr; and after whom 16 American counties have been named--has, to date, been a neglected hero. Written in engaging, accessible prose, General Richard Montgomery and the American Revolution chronicles Montgomery's life and military career, definitively correcting this historical oversight once and for all.




Decriminalizing Domestic Violence


Book Description

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.




No Visible Bruises


Book Description

WINNER OF THE HILLMAN PRIZE FOR BOOK JOURNALISM, THE HELEN BERNSTEIN BOOK AWARD, AND THE LUKAS WORK-IN-PROGRESS AWARD * A NEW YORK TIMES TOP 10 BOOKS OF THE YEAR * NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST * LOS ANGELES TIMES BOOK PRIZE FINALIST * ABA SILVER GAVEL AWARD FINALIST * KIRKUS PRIZE FINALIST NAMED ONE OF THE BEST BOOKS OF 2019 BY: Esquire, Amazon, Kirkus, Library Journal, Publishers Weekly, BookPage, BookRiot, Economist, New York Times Staff Critics “A seminal and breathtaking account of why home is the most dangerous place to be a woman . . . A tour de force.” -Eve Ensler "Terrifying, courageous reportage from our internal war zone." -Andrew Solomon "Extraordinary." -New York Times ,“Editors' Choice” “Gut-wrenching, required reading.” -Esquire "Compulsively readable . . . It will save lives." -Washington Post “Essential, devastating reading.” -Cheryl Strayed, New York Times Book Review An award-winning journalist's intimate investigation of the true scope of domestic violence, revealing how the roots of America's most pressing social crises are buried in abuse that happens behind closed doors. We call it domestic violence. We call it private violence. Sometimes we call it intimate terrorism. But whatever we call it, we generally do not believe it has anything at all to do with us, despite the World Health Organization deeming it a “global epidemic.” In America, domestic violence accounts for 15 percent of all violent crime, and yet it remains locked in silence, even as its tendrils reach unseen into so many of our most pressing national issues, from our economy to our education system, from mass shootings to mass incarceration to #MeToo. We still have not taken the true measure of this problem. In No Visible Bruises, journalist Rachel Louise Snyder gives context for what we don't know we're seeing. She frames this urgent and immersive account of the scale of domestic violence in our country around key stories that explode the common myths-that if things were bad enough, victims would just leave; that a violent person cannot become nonviolent; that shelter is an adequate response; and most insidiously that violence inside the home is a private matter, sealed from the public sphere and disconnected from other forms of violence. Through the stories of victims, perpetrators, law enforcement, and reform movements from across the country, Snyder explores the real roots of private violence, its far-reaching consequences for society, and what it will take to truly address it.




Domestic Violence Law


Book Description




Domestic Violence and International Law


Book Description

Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).




Women, Intimate Partner Violence, and the Law


Book Description

"This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children's contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser's myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement providing new opportunities for continued abuse. Countless women who have experienced Intimate Partner Violence are enmeshed in overlapping, complex and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They highlight the regular failure of legal processes and actors to comprehend the significance of non-physical abuse. Women show how legal system actors' common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity and time this often required"--




Coercive Control


Book Description

Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.




The Politicization of Safety


Book Description

A look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people’s lives. The Politicization of Safety provides a critical historical perspective on domestic violence responses in the United States. It grapples with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination based on race, gender, sexual orientation, and immigration status. The book also examines movement politics and the feminist movement with respect to domestic violence policies. The tensions discussed in this book, similar to those involved in the #metoo movement, include questions of accountability, reckoning, redemption, healing, and forgiveness. What is the future of feminism and the movements against gender-based violence and domestic violence? Readers are invited to question assumptions about how society and the legal system respond to intimate partner violence and to challenge the domestic violence field to move beyond old paradigms and contend with larger justice issues.




Family Law and Practice


Book Description