NCJ Number
95036
Date Published
1984
Length
14 pages
Annotation
Discussion focuses on the legal concept of wife abuse, the laws and the abused woman (civil proceedings and criminal law), the abused wife in the legal system, and recent laws enacted due to enhanced public awareness of the rights of abused women.
Abstract
Beliefs of domestic chastisement and the fiction of a woman's place have become cloaked in legal theories, such as right of privacy and claims of victim consent, or misguided attempts to preserve the family unit. Aside from substantive law hurdles encountered by the abused wife, an array of procedural obstacles exist to prevent successful prosecution of the husband. In addition, prosecutors tend to view such cases as primarily personal and civil and have shown a reluctance to prosecute. Increased public awareness of the problem and changing attitudes have led to the passage of extensive legislation specifically aimed at domestic violence. Protection Order Laws give an abused woman an enforceable right to be safe in the home and establish that the abuser bears the burden of finding another residence. In many jurisdictions, spouse abuse has been made a separate felony, thus giving police greater flexibility in their response. Changes have occurred in prosecutorial attitudes, and information and assistance programs have made battered women more knowledgeable about their legal options and what they can expect. Because nurses are often one of the first neutral parties to come in contact with battered women, they are in a position to aid the attorney if they take special note of injuries and conversations which might later be needed in evidence. A total of 75 notes are given.