NCJ Number
96914
Journal
Vermont Law Review Volume: 6 Issue: 2 Dated: (Fall 1981) Pages: 363-379
Date Published
1981
Length
17 pages
Annotation
This article describes factors that any attorney planning to represent a battered wife must consider and reviews recent changes in legal remedies designed to prevent spouse abuse, with attention to the law in Vermont.
Abstract
Because spousal abuse is still often perceived as a private matter, a battered woman who has called an attorney for legal advice has taken an important step to break out of the battering cycle. The lawyer should start the process of obtaining a restraining order and help the victim find a safe shelter. The lawyer should be prepared to explain legal options to the client without forcing her to commit herself immediately and not display frustration if suggestions are not followed. Vermont's Abuse Prevention Act passed in 1981 creates a separate cause of action for relief from abuse which may be filed in either district or superior court. Those entitled to seek relief are defined as broadly as possible. Remedies include a restraining order, an order granting the plaintiff sole possession of the family residence, and an order awarding temporary custody of minor children. When there is imminent danger of further abuse, ex parte relief may be granted. Courts are encouraged to assist women who wish to present their petitions pro se. The article includes 56 footnotes.