As indicated in the title, this article which was published in the Oregon Law Review (99), presents a compelling argument regarding the judiciary's approach towards Domestic Violence.  When Parties leave the realm of silence about the abuse and enter the courtroom,  the judge often treats Parties as abstractions.  Context is omitted and the court distances itself from the moral responsibility substantively involved in the case.

Ultimately, this judicial behavior condones and authorizes the continuance of Domestic Abuse and Intimate Partner Violence.  It nullifies the law as it applies to real people and real situations, and allows the perpetrator of abuse to retain the upper hand throughout any court proceeding and beyond.

Download the full Article (PDF)

 


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