Skip to main content
ClearingHouse Community
Part of the Sargent Shriver National Center on Poverty Law
Menu ≡

1996 Special Issue

Twice Victimized—Domestic Violence and Welfare "Reform"

By Wendy Pollack

Several welfare reform provisions that were included in the Personal Responsibility and Work Opportunity Act of 1995 and are already incorporated in several state waiver programs will have particularly devastating effects on recipients who are victims of domestic violence. This article discusses these provisions and ways to decrease the danger they pose to victims and their children.

Download this article   |   Read more ➢

Domestic Violence as a Statutory Defense to Custodial Interference or Kidnapping Charges

By Nechama Masliansky

This article lists statutes that make spousal abuse and/or child abuse a defense to custodial interference or kidnapping offenses. Statutes which make "good faith"; "just excuse", or "good cause" a defense are also listed because a court may interpret them as covering spousal and/or child abuse.

Download this article   |   Read more ➢

You Can Run But Can You Hide? Relocation Rights and Domestic Violence

By Roberta M. Ikemi

Batterers often contest the domestic violence victim's right to relocate with the children, and such custody disputes can be dangerous. This article discusses statutory and case law developments with regard to the right to relocate, defenses against parental kidnapping charges, and how the law on interstate child custody disputes applies to cases involving domestic violence.

Download this article   |   Read more ➢

Visiting Danger

Keeping Battered Women And Their Children Safe

By Julie Kunce Field

Visitation can put domestic violence victims and their children in danger. This article discusses how to keep victims and their children safe during visitation.

Download this article   |   Read more ➢

Child Custody and Visitation Determinations When Domestic Violence Has Occurred

By Nechama Masliansky

This article discusses the current state of the law, particularly statutory law, with respect to how and when courts are required, or at least permitted, to consider domestic violence as a factor in making child custody and visitation determinations.

Download this article   |   Read more ➢

Turning the Tables on Women

Removal of Children from Victims of Domestic Violence

By Daniel G. Atkins & John S. Whitelaw

Just as battered women are achieving some success in intrafamily custody disputes, a problem area is burgeoning for victims of domestic violence: child protective agencies' response to cases involving domestic violence.

Download this article   |   Read more ➢

All That Glitters Is Not Gold

Mediation in Domestic Abuse Cases

By Mary Pat Treuthart

Although it has been consistently denounced for over a decade by battered women's advocates, the use of mediation in domestic abuse cases has resurfaced. This article reiterates the arguments against mediation in cases involving domestic violence, emphasizes that advocacy and attorney-assisted negotiation are the preferred means to handling such cases, and explores ways in which available resources may best be used to protect battered women's safety and interests.

Download this article   |   Read more ➢

Mutual Restraining Orders in Domestic Violence Civil Cases

By Mary U. O'Brien

Mutual orders of protection raise due process concerns and can be dangerous for victims of domestic violence. This article discusses the perils of mutual restraining orders and some defensive strategies that counsel should consider to avoid their entry.

Download this article   |   Read more ➢

New Protections for Immigrant Women and Children Who Are Victims of Domestic Violence

By Charles Wheeler

For years United States immigration laws have overlooked the plight of women and children who are victims of domestic violence. Much-needed reform in this area finally occurred in 1994 with the passage of a law that added important protections for immigrant spouses and children.

Download this article   |   Read more ➢

Unemployment Compensation for Victims of Domestic Violence

An Important Link to Economic and Employment Security

By Catherine Ruckelshaus

Domestic violence can force a woman and her children into poverty by causing her to lose her job, by causing her to fail a job training or education program, or by denying her efforts to reenter the work force. This article discusses the problems faced by domestic violence victims who are employed or newly unemployed and their rights to unemployment compensation benefits.

Download this article   |   Read more ➢

Violence Against Women Affects the Workplace

Legal Remedies for Women and Advocates

By Julie Goldscheid & Pamela Coukos

Violence against women, including physical and sexual assaults by strangers and intimate partners, has a dramatic and often unrecognized impact on the workplace and, consequently, on women's economic security. This article discusses the legal tools advocates may use to safeguard both their clients' access to economic security and their clients' continuing safety.

Download this article   |   Read more ➢

Prisoners of Abuse

Policy Implications of the Relationsbip Between Domestic Violence and Welfare Receipt

By Jody Raphael

New research linking long-term welfare receipt and domestic violence has important implications for the current drift of welfare reform policy at both the federal and state levels. This article summarizes recent findings and offers basic guidance for the development of welfare policies that are more sensitive to the unique needs of Aid to Families with Dependent Children recipients who are domestic violence victims and survivors.

Download this article   |   Read more ➢
↑ Go up to the top.