Providing Legal Protection for Battered Women: An Analysis of State Statutes and Case Law

This Article presents a comprehensive survey of civil protection order statutes and state appellate opinions in all fifty jurisdictions, the District of Columbia, and Puerto Rico. We examine recent developments and trends, and highlight innovations. We include recommendations for further legislative reform and for creative development of case law. We have incorporated available social science research, the published policies and recommendations of judicial authorities, and the legal literature written by domestic violence experts. Moreover, our recommendations are based on our experience as domestic violence advocates. Each of us has represented battered women in court for more than a decade. In addition to civil protection orders, we discuss and analyze statutes and judicial opinions from related areas of the law, including custody and criminal laws specifically addressing domestic violence issues. Advocates seeking to explore the full potential of the civil protection order statutes in their states should use this research in preparing briefs and arguments to persuade judges to issue bold and effective protection orders in domestic violence cases

Providing Legal Protection for Battered Women: An Analysis of State Statutes and Case Law

This Article presents a comprehensive survey of civil protection order statutes and state appellate opinions in all fifty jurisdictions, the District of Columbia, and Puerto Rico. We examine recent developments and trends, and highlight innovations. We include recommendations for further legislative reform and for creative development of case law. We have incorporated available social science research, the published policies and recommendations of judicial authorities, and the legal literature written by domestic violence experts. Moreover, our recommendations are based on our experience as domestic violence advocates. Each of us has represented battered women in court for more than a decade. In addition to civil protection orders, we discuss and analyze statutes and judicial opinions from related areas of the law, including custody and criminal laws specifically addressing domestic violence issues. Advocates seeking to explore the full potential of the civil protection order statutes in their states should use this research in preparing briefs and arguments to persuade judges to issue bold and effective protection orders in domestic violence cases

Border Crossings: Understanding the Civil, Criminal, and Immigration Implications for Battered Immigrants (And Others) Fleeing Across State Lines With Their Children

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. Specifically, 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 of their children, statutory exceptions or defenses available to survivors of domestic violence facing prosecution on charges of criminal parental kidnapping, and immigration consequences related to a conviction under such statutes. The article also provides an overview of the implications of interstate parental relocation on civil family court custody determinations. It concludes with a discussion of ethical issues that may arise for lawyers representing survivors who flee from violence with their children

With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women

This article explains some of the unique problems faced by battered immigrant women and offers creative solutions for family lawyers and battered women advocates who have immigrant or refugee clientele. Because battered immigrant women who seek to flee violence need assistance with both family law and immigration law matters, we will discuss both areas and highlight their interrelationship

Border Crossings: Understanding the Civil, Criminal, and Immigration Implications for Battered Immigrants (And Others) Fleeing Across State Lines With Their Children

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. Specifically, 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 of their children, statutory exceptions or defenses available to survivors of domestic violence facing prosecution on charges of criminal parental kidnapping, and immigration consequences related to a conviction under such statutes. The article also provides an overview of the implications of interstate parental relocation on civil family court custody determinations. It concludes with a discussion of ethical issues that may arise for lawyers representing survivors who flee from violence with their children

With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women

This article explains some of the unique problems faced by battered immigrant women and offers creative solutions for family lawyers and battered women advocates who have immigrant or refugee clientele. Because battered immigrant women who seek to flee violence need assistance with both family law and immigration law matters, we will discuss both areas and highlight their interrelationship