NCJ Number
68684
Journal
Family Advocate Volume: 2 Issue: 2 Dated: (FALL 1979) Pages: 20-22,39
Date Published
1979
Length
4 pages
Annotation
BATTERED WIVES ARE CAUGHT IN A TRAP OF UNRESPONSIVE CRIMINAL JUSTICE PRACTITIONERS AND THE GENERALLY UNSYMPATHETIC ATTITUDES OF A MALE-DOMINATED SOCIETY IN THEIR FIGHT FOR PHSYICAL AND EMOTIONAL SURVIVAL.
Abstract
WRITTEN FROM THE PERSPECTIVE OF A WOMAN LAWYER, WHO IS ALSO THE MANAGING ATTORNEY OF THE FAMILY LAW UNIT OF A LEGAL SERVICES FIRM AND THE CO-CHAIRPERSON OF THE NEW YORK GOVERNORS TASK FORCE ON DOMESTIC VIOLENCE, THIS ARTICLE EXPLORES THE AVENUE OF LEGAL REDRESS OPEN TO BATTERED WIVES. THE INDISPENSABLE SUPPORT OF A SYMPATHETIC LAWYER/PSYCHOLOGIST TEAM WORKING TOGETHER ON BEHALF OF THEIR CLIENT, THE BATTERED WIFE ATTEMPTING TO OBTAIN A COURT DECISION AGAINST HER ABUSING SPOUSE, IS DESCRIBED IN DETAIL. A PSYCHOLOGIST/FAMILY COUNSELOR MUST KNOW THE CIVIL AND CRIMINAL LAWS CONCERNING FAMILY VIOLENCE AND THE EVERYDAY COURTROOM REALITIES WHICH THE CLIENT WILL FACE. ACCOMPANYING A CLIENT TO COURT WILL HELP THE PSYCHOLOGIST DEVELOP A FIRST-HAND KNOWLEDGE OF THE COURTROOM ATMOSPHERE. A GOOD LAWYER WILL WELCOME THE PSYCHOLOGIST'S INVOLVEMENT IN HIS OR HER CLIENT'S CASE. A PSYCHOLOGIST MUST BE WILLING TO TESTIFY IN PERSON ON THE BATTERED WIFE'S BEHALF, AND BE ALERT TO PHYSICAL EVIDENCE OF ABUSE IN THE WOMAN'S HOME. PHOTOGRAPHS OF THE WOMAN'S INJURIES, TAKEN IMMEDIATELY AFTER THE ASSAULTS, TORN AND BLOODY CLOTHING, WEAPONS USED IN THE ATTACKS, CONSTITUTE REAL EVIDENCE, AS DISTINGUISHED FROM SWORN TESTIMONY, AND CAN BE DECISIVE IN OBTAINING A COURT DECISION IN FAVOR OF THE VICTIM. THE LAWYER NEEDS THE COOPERATION OF AN AUTHORIATIVE AND BELIEVABLE WITNESS, SUCH AS A PSYCHOLOGIST/FAMILY COUNSELOR, TO WIN A CASE. AS HELPING PROFESSIONALS, LAWYERS AND PSYCHOLOGISTS HAVE A RESPONSIBILITY TO GIVE BATTERED WOMEN THE EMOTIONAL AND LEGAL TOOLS TO FREE THEMSELVES FROM A DANGEROUS SPOUSE BY WORKING TOGETHER ON THE VICTIM'S BEHALF.