Redefining Harm, Reimagining Remedies, and Reclaiming Domestic Violence Law
In: UC Davis Law Review, Jg. 42 (2009-04-01), S. 1107
Online
academicJournal
Introduction Vanessa, Kim, and Susan were all subjected to domestic violence, including systematic hitting, degradation, humiliation, threats, coercion, and financial deprivation. Nonetheless, the law fails to recognize much of the brutality of their experiences. As a result, women like these often will not seek a legal remedy. 4 Kim believes there is no remedy for Eddie's emotional abuse without physical violence. And without a civil remedy, Mark's control over the monetary resources and his control of Vanessa's ability to seek employment will continue, further entrenching Vanessa's economic dependence on him. In addition, Mark will continue to alienate the children from their mother. In most states, only Susan has legal systematic recourse under the civil domestic violence laws, known as civil protective order ("CPO") laws. While Susan may obtain a CPO for the physical abuse to which she is subjected, in most jurisdictions Susan will have no remedy for the emotional and psychological abuse. She cannot obtain an order requiring the return of the videotape, enjoining the name calling, degradation, and future video recordings, nor receive other relief necessary to address the wide range of her husband's abusive behavior. A comprehensive civil legal system that tackles the fundamental harms of domestic violence must provide Vanessa, Kim, and Susan with equal access to the potential benefits of the CPO laws to address serious multifaceted abuse. CPO laws, which exist in all fifty states and the District of Columbia, permit petitioners to obtain orders addressing the abuse in their ...
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Redefining Harm, Reimagining Remedies, and Reclaiming Domestic Violence Law
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Autor/in / Beteiligte Person: | Johnson, Margaret E. |
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Zeitschrift: | UC Davis Law Review, Jg. 42 (2009-04-01), S. 1107 |
Veröffentlichung: | 2009 |
Medientyp: | academicJournal |
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