Intimate partner violence: Bridging the gap between law and science

Journal of Legal Medicine

Volumn 21, Issue 1, 2000, Pages 1-34

  Loue, Sana ^a  

^a METROHEALTH MEDICAL CENTER   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; CULTURAL ANTHROPOLOGY; FAMILY VIOLENCE; FORENSIC PSYCHIATRY; HUMAN; INTIMACY; PSYCHODYNAMICS; PSYCHOLOGICAL THEORY; PSYCHOSOCIAL ENVIRONMENT; RISK FACTOR;

EID: 0034018721     PISSN: 01947648     EISSN: None     Source Type: Journal    
DOI: 10.1080/019476400272783     Document Type: Article

References (331)

1. 1 Murray A. Straus et al., Behind Closed Doors: Violence in the American Family (1980).
2. 2 Id.; Anne S. Helton et al., Battered and Pregnant: A Prevalence Study, 77 Am. J. Pub. Health 1337 (1987); American Medical Association, Council on Scientific Affairs, Violence Against Women (1991); M.A. Straus & R.J. Gelles, Physical Violence in American Families: Risk Factors and Adaptions to Violence in 8,145 Families (1990).
3. 2 Id.; Anne S. Helton et al., Battered and Pregnant: A Prevalence Study, 77 Am. J. Pub. Health 1337 (1987); American Medical Association, Council on Scientific Affairs, Violence Against Women (1991); M.A. Straus & R.J. Gelles, Physical Violence in American Families: Risk Factors and Adaptions to Violence in 8,145 Families (1990).
4. 2 Id.; Anne S. Helton et al., Battered and Pregnant: A Prevalence Study, 77 Am. J. Pub. Health 1337 (1987); American Medical Association, Council on Scientific Affairs, Violence Against Women (1991); M.A. Straus & R.J. Gelles, Physical Violence in American Families: Risk Factors and Adaptions to Violence in 8,145 Families (1990).
5. 2 Id.; Anne S. Helton et al., Battered and Pregnant: A Prevalence Study, 77 Am. J. Pub. Health 1337 (1987); American Medical Association, Council on Scientific Affairs, Violence Against Women (1991); M.A. Straus & R.J. Gelles, Physical Violence in American Families: Risk Factors and Adaptions to Violence in 8,145 Families (1990).
6. 3 P. Burdett-Smith & I. Adams, The Gentle Sex? Assaults on Women by Women, 10 Arch. Emerg. Med. 167 (1993); Valli Kanuha, Compounding the Triple Jeopardy: Battering in Lesbian of Color Relationships, 9 Women Therapy 169 (1990); Claire M. Renzetti, Violent Betrayal: Partner Abuse in Lesbian Relationships (1992); Barrie Levy, Dating Violence: Young Women in Danger (1991); Naming the Violence: Speaking Out About Lesbian Battering (Kerry Lobel ed. 1986).
7. 3 P. Burdett-Smith & I. Adams, The Gentle Sex? Assaults on Women by Women, 10 Arch. Emerg. Med. 167 (1993); Valli Kanuha, Compounding the Triple Jeopardy: Battering in Lesbian of Color Relationships, 9 Women Therapy 169 (1990); Claire M. Renzetti, Violent Betrayal: Partner Abuse in Lesbian Relationships (1992); Barrie Levy, Dating Violence: Young Women in Danger (1991); Naming the Violence: Speaking Out About Lesbian Battering (Kerry Lobel ed. 1986).
8. 3 P. Burdett-Smith & I. Adams, The Gentle Sex? Assaults on Women by Women, 10 Arch. Emerg. Med. 167 (1993); Valli Kanuha, Compounding the Triple Jeopardy: Battering in Lesbian of Color Relationships, 9 Women Therapy 169 (1990); Claire M. Renzetti, Violent Betrayal: Partner Abuse in Lesbian Relationships (1992); Barrie Levy, Dating Violence: Young Women in Danger (1991); Naming the Violence: Speaking Out About Lesbian Battering (Kerry Lobel ed. 1986).
9. 3 P. Burdett-Smith & I. Adams, The Gentle Sex? Assaults on Women by Women, 10 Arch. Emerg. Med. 167 (1993); Valli Kanuha, Compounding the Triple Jeopardy: Battering in Lesbian of Color Relationships, 9 Women Therapy 169 (1990); Claire M. Renzetti, Violent Betrayal: Partner Abuse in Lesbian Relationships (1992); Barrie Levy, Dating Violence: Young Women in Danger (1991); Naming the Violence: Speaking Out About Lesbian Battering (Kerry Lobel ed. 1986).
10. 3 P. Burdett-Smith & I. Adams, The Gentle Sex? Assaults on Women by Women, 10 Arch. Emerg. Med. 167 (1993); Valli Kanuha, Compounding the Triple Jeopardy: Battering in Lesbian of Color Relationships, 9 Women Therapy 169 (1990); Claire M. Renzetti, Violent Betrayal: Partner Abuse in Lesbian Relationships (1992); Barrie Levy, Dating Violence: Young Women in Danger (1991); Naming the Violence: Speaking Out About Lesbian Battering (Kerry Lobel ed. 1986).
11. 4 Susan B. Sorenson & Cynthia A. Telles, Self-Reports of Spousal Violence in a Mexican American and Non-Hispanic White Population, 6 Violence Victims 3 (1991); Jacquelyn W. White & Mary P. Koss, Courtship Violence: Incidence in a National Sample of Higher Education Students, 6 Violence Victims 247 (1991); Murray A. Straus & Richard J. Gelles, Societal Change and Change in Family Violence from 1975 to 1985 as Revealed by Two National Surveys, 48 J. Marriage & Family 465 (1986).
12. 4 Susan B. Sorenson & Cynthia A. Telles, Self-Reports of Spousal Violence in a Mexican American and Non-Hispanic White Population, 6 Violence Victims 3 (1991); Jacquelyn W. White & Mary P. Koss, Courtship Violence: Incidence in a National Sample of Higher Education Students, 6 Violence Victims 247 (1991); Murray A. Straus & Richard J. Gelles, Societal Change and Change in Family Violence from 1975 to 1985 as Revealed by Two National Surveys, 48 J. Marriage & Family 465 (1986).
13. 4 Susan B. Sorenson & Cynthia A. Telles, Self-Reports of Spousal Violence in a Mexican American and Non-Hispanic White Population, 6 Violence Victims 3 (1991); Jacquelyn W. White & Mary P. Koss, Courtship Violence: Incidence in a National Sample of Higher Education Students, 6 Violence Victims 247 (1991); Murray A. Straus & Richard J. Gelles, Societal Change and Change in Family Violence from 1975 to 1985 as Revealed by Two National Surveys, 48 J. Marriage & Family 465 (1986).
14. 5 G. Hale-Carlsson et al., Physical Violence and Injuries in Intimate Relationships - New York, Behavioral Risk Factor Surveillance System, 1994, 45 Morh. & Mort. Weekly Rep. 765 (1996); Richard A. Berk et al., Mutual Combat and Other Family Violence Myths, in The Dark Side of Families 197 (David Finkelhor et al. eds. 1983).
15. 5 G. Hale-Carlsson et al., Physical Violence and Injuries in Intimate Relationships - New York, Behavioral Risk Factor Surveillance System, 1994, 45 Morh. & Mort. Weekly Rep. 765 (1996); Richard A. Berk et al., Mutual Combat and Other Family Violence Myths, in The Dark Side of Families 197 (David Finkelhor et al. eds. 1983).
16. 6 Patrick Letellier, Gay and Bisexual Male Domestic Violence Victimization: Challenges to Feminist Theory and Responses to Violence, 9 Violence Victims 95 (1994).
17. 7 Murray A. Straus, Measuring Intrafamily Conflict and Violence: The Conflict Tactics (CT) Scales, 41 J. Marriage & Family 75 (1979).
18. J. Marriage & Family, (1979) v41 75p
19. Gerald M. Erchak & Richard Rosenfeld, Societal Isolation, Violent Norms, and Gender Relations: A Re-examination and Extension of Levinson's Model of Wife Beating, 28 Cross-Cultural Research 111 (1994); Cheryl R. Goeckermann et al., Issues of Domestic Violence Unique to Rural Areas, 93 Wis. Med. J. 473 (1994).
20. 9 Gerald M. Erchak & Richard Rosenfeld, Societal Isolation, Violent Norms, and Gender Relations: A Re-examination and Extension of Levinson's Model of Wife Beating, 28 Cross-Cultural Research 111 (1994); Cheryl R. Goeckermann et al., Issues of Domestic Violence Unique to Rural Areas, 93 Wis. Med. J. 473 (1994).
21. 10 Erchak & Rosenfeld, supra note 9; Jacquelyn C. Campbell, Beating of Wives: A Cross-Cultural Perspective, 10 Victimology: Int'l J. 174 (1985).
22. 10 Erchak & Rosenfeld, supra note 9; Jacquelyn C. Campbell, Beating of Wives: A Cross-Cultural Perspective, 10 Victimology: Int'l J. 174 (1985).
23. 11 J. Buehler et al., Lifetime and Annual Incidence of Intimate Partner Violence and Resulting Injuries-Georgia, 1995, 47 Morb. & Mort. Weekly Rep. 849 (1998).
24. 12 Id.
25. 13 Hale-Carlsson et al., supra note 5.
26. 14 Id.
27. 15 Carlton A. Hornung et al., Status Relationships in Marriage: Risk Factors in Spouse Abuse, 43 J. Marriage & Family 675 (1981).
28. 16 Jeane-Ann Grisso et al., A Population-Based Study of Injuries in Inner-City Women, 134 J. Epidemiology 59 (1991).
29. 17 Roger Petersen, Social Class, Social Learning, and Wife Abuse, 54 Soc. Serv. Rev. 390 (1980); Mark A. Schulman, Survey of Spousal Violence Against Women in Kentucky (1979).
30. 17 Roger Petersen, Social Class, Social Learning, and Wife Abuse, 54 Soc. Serv. Rev. 390 (1980); Mark A. Schulman, Survey of Spousal Violence Against Women in Kentucky (1979).
31. 18 Murray A. Straus, Victims and Aggressors in Marital Violence, 23 Am. Behavioral Scientist 681 (1980).
32. 19 Murray A. Straus, The National Family Violence Surveys, in Straus & Gelles, supra note 2, at 3-16.
33. 20 Raymond H. Teske & Mary L. Parker, Spouse Abuse in Texas: A Study of Women's Attitudes and Experiences (1983).
34. 21 Sorenson & Telles, supra note 4.
35. 22 Glenda Kaufman Kantor et al., Sociocultural Status and Incidence of Marital Violence in Hispanic Families, 9 Violence Victims 207 (1994).
36. 23 Siyon Rhee, Domestic Violence in the Korean Immigrant Family, 24 J. Sociology Soc. Welf. 63 (1997); Kimberly A. Huisman, Wife Battering in Asian American Communities: Identifying the Service Needs of an Overlooked Segment of the U.S. Population, 2 Violence Against Women 260 (1996); Uma Narayan, "Male-Order" Brides: Immigrant Women, Domestic Violence and Immigration Law, 10 Hypatia 104 (1995).
37. 23 Siyon Rhee, Domestic Violence in the Korean Immigrant Family, 24 J. Sociology Soc. Welf. 63 (1997); Kimberly A. Huisman, Wife Battering in Asian American Communities: Identifying the Service Needs of an Overlooked Segment of the U.S. Population, 2 Violence Against Women 260 (1996); Uma Narayan, "Male-Order" Brides: Immigrant Women, Domestic Violence and Immigration Law, 10 Hypatia 104 (1995).
38. 23 Siyon Rhee, Domestic Violence in the Korean Immigrant Family, 24 J. Sociology Soc. Welf. 63 (1997); Kimberly A. Huisman, Wife Battering in Asian American Communities: Identifying the Service Needs of an Overlooked Segment of the U.S. Population, 2 Violence Against Women 260 (1996); Uma Narayan, "Male-Order" Brides: Immigrant Women, Domestic Violence and Immigration Law, 10 Hypatia 104 (1995).
39. 24 Lucy Bates et al., Domestic Violence Experienced by Women Attending an Accident and Emergency Department, 19 Australian J. Pub. Health 293 (1995).
40. 25 P. Handwerker, Gender Power Differences Between Parents and High Risk Sexual Behaviour by Their Children: AIDS/STD Risk Factors Extend to a Prior Generation, Unpublished manuscript, cited in Lori L. Heise et al., Violence Against Women: A Neglected Public Health Issue in Less Developed Countries, 39 Soc. Sci. Med. 1165 (1994).
41. 25 P. Handwerker, Gender Power Differences Between Parents and High Risk Sexual Behaviour by Their Children: AIDS/STD Risk Factors Extend to a Prior Generation, Unpublished manuscript, cited in Lori L. Heise et al., Violence Against Women: A Neglected Public Health Issue in Less Developed Countries, 39 Soc. Sci. Med. 1165 (1994).
42. 26 Women's Aid Organisation, Draft Report of the National Study on Domestic Violence (1992).
43. 27 Kwang-iel Kim & Youn-Syo Cho, Epidemiological Survey of Spousal Abuse in Korea, in Intimate Violence: Interdisciplinary Perspectives (Emilio C. Viano ed. 1992).
44. 28 Juan Carlos Ramirez Rodriguez & Griselda Uribe Vazquez, Mujer y Violencia: Un Hecho Cotidiano [Woman and Violence: An Everyday Occurrence], 35 Salud Publica Mex. [Mexican Pub. Health] 148 (1993).
45. 29 L. Barragan Alvarado et al., Proyecto Educativo Sobre Violencia de Genero en la Relacion DoMestica de Pareja [Education Project on Domestic Violence in Intimate Partner Relationseducation Pro] (1992).
46. 30 Murray A. Straus, Physical Assaults by Wives: A Major Social Problem, in Current Controversies In Family Violence 67 (Richard J. Gelles & Darileen R. Loseke eds. 1993).
47. 31 David B. Sugarman & Gerald T. Hotaling, Dating Violence: Prevalence, Context, and Risk Markers, in Violence In Dating Relationships: Emerging Social Issues (Maureen A. Pirog-Good & Jen E. Stets eds. 1989).
48. 32 Straus et al., supra note 1; Straus, supra note 18; Murray A. Straus, Wife Beating: How Common and Why?, 2 Victimology 443 (1977).
49. 32 Straus et al., supra note 1; Straus, supra note 18; Murray A. Straus, Wife Beating: How Common and Why?, 2 Victimology 443 (1977).
50. 32 Straus et al., supra note 1; Straus, supra note 18; Murray A. Straus, Wife Beating: How Common and Why?, 2 Victimology 443 (1977).
51. 33 Murray A. Straus, Normative and Behavioral Aspects or Violence Between Spouses: Preliminary Data on a Nationally Representative USA Sample, in Violence in Canadian Society, Symposium sponsored by Simon Fraser University, Department of Criminology, University of New Hampshire Family Research Laboratory, Durham, cited in Straus, supra note 30, at 67. For a description of various cases involving violence by women against their male intimate partners and the motivations underlying these behaviors, see No Angels: Women Who Commit Violence (Alice Myers & Sarah Wight eds. 1996); Patricia Pearson, When She Was Bad: Violent Women & the Myth of Innocence (1997); Ann Jones, Women Who Kill (1996).
52. 33 Murray A. Straus, Normative and Behavioral Aspects or Violence Between Spouses: Preliminary Data on a Nationally Representative USA Sample, in Violence in Canadian Society, Symposium sponsored by Simon Fraser University, Department of Criminology, University of New Hampshire Family Research Laboratory, Durham, cited in Straus, supra note 30, at 67. For a description of various cases involving violence by women against their male intimate partners and the motivations underlying these behaviors, see No Angels: Women Who Commit Violence (Alice Myers & Sarah Wight eds. 1996); Patricia Pearson, When She Was Bad: Violent Women & the Myth of Innocence (1997); Ann Jones, Women Who Kill (1996).
53. 33 Murray A. Straus, Normative and Behavioral Aspects or Violence Between Spouses: Preliminary Data on a Nationally Representative USA Sample, in Violence in Canadian Society, Symposium sponsored by Simon Fraser University, Department of Criminology, University of New Hampshire Family Research Laboratory, Durham, cited in Straus, supra note 30, at 67. For a description of various cases involving violence by women against their male intimate partners and the motivations underlying these behaviors, see No Angels: Women Who Commit Violence (Alice Myers & Sarah Wight eds. 1996); Patricia Pearson, When She Was Bad: Violent Women & the Myth of Innocence (1997); Ann Jones, Women Who Kill (1996).
54. 34 C. Balakrishnan et al., Perineal Burns in Males Secondary to Spouse Abuse, 21 Burns 34 (1995); Bo Bergman & Bo Brismar, Assailants and Victims: A Comparative Study of Male Wife-Beaters and Battered Males, 12 J. Addictive Diseases 1 (1993); Bo Bergman et al., Utilisation of Medical Care by Abused Women, 305 Brit. Med. J. 27 (1992); F.J. Duminy & D.A. Hudson, Assault Inflicted by Hot Water Burns, 19 Burns 426 (1983).
55. 34 C. Balakrishnan et al., Perineal Burns in Males Secondary to Spouse Abuse, 21 Burns 34 (1995); Bo Bergman & Bo Brismar, Assailants and Victims: A Comparative Study of Male Wife-Beaters and Battered Males, 12 J. Addictive Diseases 1 (1993); Bo Bergman et al., Utilisation of Medical Care by Abused Women, 305 Brit. Med. J. 27 (1992); F.J. Duminy & D.A. Hudson, Assault Inflicted by Hot Water Burns, 19 Burns 426 (1983).
56. 34 C. Balakrishnan et al., Perineal Burns in Males Secondary to Spouse Abuse, 21 Burns 34 (1995); Bo Bergman & Bo Brismar, Assailants and Victims: A Comparative Study of Male Wife-Beaters and Battered Males, 12 J. Addictive Diseases 1 (1993); Bo Bergman et al., Utilisation of Medical Care by Abused Women, 305 Brit. Med. J. 27 (1992); F.J. Duminy & D.A. Hudson, Assault Inflicted by Hot Water Burns, 19 Burns 426 (1983).
57. 34 C. Balakrishnan et al., Perineal Burns in Males Secondary to Spouse Abuse, 21 Burns 34 (1995); Bo Bergman & Bo Brismar, Assailants and Victims: A Comparative Study of Male Wife-Beaters and Battered Males, 12 J. Addictive Diseases 1 (1993); Bo Bergman et al., Utilisation of Medical Care by Abused Women, 305 Brit. Med. J. 27 (1992); F.J. Duminy & D.A. Hudson, Assault Inflicted by Hot Water Burns, 19 Burns 426 (1983).
58. 35 Letellier, supra note 6; Vallerie E. Coleman, Lesbian Battering: The Relationship Between Personality and the Perpetuation of Violence, 9 Violence Victims 139 (1994).
59. 36 Cynthia A. Cook & Richard J. Harris, Attributions About Spouse Abuse in Cases of Bidirectional Battering, 10 Violence Victims 143 (1995); Dina Vivian & Jennifer Langhinrichsen-Rohling, Are Bi-Directionally Violent Couples Mutually Victimized? A Gender-Sensitive Comparison, 9 Violence Victims 107 (1994).
60. 36 Cynthia A. Cook & Richard J. Harris, Attributions About Spouse Abuse in Cases of Bidirectional Battering, 10 Violence Victims 143 (1995); Dina Vivian & Jennifer Langhinrichsen-Rohling, Are Bi-Directionally Violent Couples Mutually Victimized? A Gender-Sensitive Comparison, 9 Violence Victims 107 (1994).
61. 37 David Levinson, Family Violence in Cross-Cultural Perspective (1989).
62. 38 S. Leslie Kurt, Stalking as a Variant of Domestic Violence, 23 Bull. Am. Acad. Psychiatry & L. 219 (1995).
63. 39 Mark A. Whatley, For Better or Worse: The Case of Marital Rape, 8 Violence Victims 29 (1993).
64. 40 Levinson, supra note 37.
65. 41 Murray A. Straus, State-to-State Differences in Social Inequality and Social Binds in Relation to Assaults on Wives in the United States, 25 J. Comp. Family Studies 7 (1994).
66. 42 Whatley, supra note 39; Christine R. Hanneke et al., Assessing the Prevalence of Marital Rape, I J. Interpersonal Violence 350 (1986); Rape: An Historical and Cultural Enquiry (Sylvana Tomaselli & Ray Porter eds. 1986).
67. 42 Whatley, supra note 39; Christine R. Hanneke et al., Assessing the Prevalence of Marital Rape, I J. Interpersonal Violence 350 (1986); Rape: An Historical and Cultural Enquiry (Sylvana Tomaselli & Ray Porter eds. 1986).
68. 42 Whatley, supra note 39; Christine R. Hanneke et al., Assessing the Prevalence of Marital Rape, I J. Interpersonal Violence 350 (1986); Rape: An Historical and Cultural Enquiry (Sylvana Tomaselli & Ray Porter eds. 1986).
69. 43 Balakrishnan et al., supra note 34; B. Devi Prasad, Dowry-Related Violence: A Content Analysis of News in Selected Newspapers, 25 J. Comp. Family Studies 71 (1994); Ishrat Shamim, Dowry and Women's Status: A Study of Court Cases in Dhaka and Delhi, in Intimate Violence: Interdisciplinary Perspectives 265 (Emilio C. Viano ed. 1992).
70. 43 Balakrishnan et al., supra note 34; B. Devi Prasad, Dowry-Related Violence: A Content Analysis of News in Selected Newspapers, 25 J. Comp. Family Studies 71 (1994); Ishrat Shamim, Dowry and Women's Status: A Study of Court Cases in Dhaka and Delhi, in Intimate Violence: Interdisciplinary Perspectives 265 (Emilio C. Viano ed. 1992).
71. 43 Balakrishnan et al., supra note 34; B. Devi Prasad, Dowry-Related Violence: A Content Analysis of News in Selected Newspapers, 25 J. Comp. Family Studies 71 (1994); Ishrat Shamim, Dowry and Women's Status: A Study of Court Cases in Dhaka and Delhi, in Intimate Violence: Interdisciplinary Perspectives 265 (Emilio C. Viano ed. 1992).
72. 44 Prasad, supra note 43.
73. 45 Bates et al., supra note 24.
74. 46 Prasad, supra note 43; Shamim, supra note 43; Ko-Lin Chin, Out-of-Town Brides: International Marriage and Wife Abuse Among Chinese Immigrants, 25 J. Comp. Family Studies 53 (1994).
75. 46 Prasad, supra note 43; Shamim, supra note 43; Ko-Lin Chin, Out-of-Town Brides: International Marriage and Wife Abuse Among Chinese Immigrants, 25 J. Comp. Family Studies 53 (1994).
76. 46 Prasad, supra note 43; Shamim, supra note 43; Ko-Lin Chin, Out-of-Town Brides: International Marriage and Wife Abuse Among Chinese Immigrants, 25 J. Comp. Family Studies 53 (1994).
77. 47 Prasad, supra note 43; Shamim, supra note 43; Jayarta Sarkar, Till Death Do Us Part: Dowries Contribute to a Rise in Violence Against Indian Women, 156 Far East. Rev. 40 (1993).
78. 47 Prasad, supra note 43; Shamim, supra note 43; Jayarta Sarkar, Till Death Do Us Part: Dowries Contribute to a Rise in Violence Against Indian Women, 156 Far East. Rev. 40 (1993).
79. 47 Prasad, supra note 43; Shamim, supra note 43; Jayarta Sarkar, Till Death Do Us Part: Dowries Contribute to a Rise in Violence Against Indian Women, 156 Far East. Rev. 40 (1993).
80. 48 Lindsey Harlan, Perfection and Devotion: Sati Tradition in Rajasthan, in Sati: The Blessing and the Curse: The Burning of Wives in India 79 (John S. Hawley ed. 1994); Sakuntala Narasimhan, Sati: Widow Burning in India (1990).
81. 48 Lindsey Harlan, Perfection and Devotion: Sati Tradition in Rajasthan, in Sati: The Blessing and the Curse: The Burning of Wives in India 79 (John S. Hawley ed. 1994); Sakuntala Narasimhan, Sati: Widow Burning in India (1990).
82. 49 Mary P. Koss et al., No Safe Haven: Male Violence Against Women at Home, at Work, and in the Community (1994).
83. 50 Susan B. Sorenson et al., Violence and Injury in Marital Arguments: Risk Patterns and Gender Differences, 86 Am. J. Pub. Health 35 (1996).
84. 51 Jeanne McCauley et al., The "Battering Syndrome": Prevalence and Clinical Characteristics of Domestic Violence in Primary Care Internal Medicine, 123 Annals Int. Med. 737 (1995).
85. 52 Judith McFarlane et al., Assessing for Abuse During Pregnancy: Severity and Frequency of Injuries and Associated Entry into Prenatal Care, 267 J.A.M.A. 3176 (1992); Hortensia Amaro et al., Violence During Pregnancy and Substance Abuse, 80 Am. J. Pub. Health 575 (1990); Straus, supra note 19.
86. 52 Judith McFarlane et al., Assessing for Abuse During Pregnancy: Severity and Frequency of Injuries and Associated Entry into Prenatal Care, 267 J.A.M.A. 3176 (1992); Hortensia Amaro et al., Violence During Pregnancy and Substance Abuse, 80 Am. J. Pub. Health 575 (1990); Straus, supra note 19.
87. 52 Judith McFarlane et al., Assessing for Abuse During Pregnancy: Severity and Frequency of Injuries and Associated Entry into Prenatal Care, 267 J.A.M.A. 3176 (1992); Hortensia Amaro et al., Violence During Pregnancy and Substance Abuse, 80 Am. J. Pub. Health 575 (1990); Straus, supra note 19.
88. 53 Amaro et al., supra note 52; Abbey B. Berenson et al., Drug Abuse and Other Risk Factors for Physical Abuse in Pregnancy Among White Non-Hispanic, Black, and Hispanic Women, 164 Am. J. Ob. & Gyn. 1491 (1991).
89. 53 Amaro et al., supra note 52; Abbey B. Berenson et al., Drug Abuse and Other Risk Factors for Physical Abuse in Pregnancy Among White Non-Hispanic, Black, and Hispanic Women, 164 Am. J. Ob. & Gyn. 1491 (1991).
90. 54 Terri J. Ballard et al., Violence During Pregnancy: Measurement Issues, 88 Am. J. Pub. Health 274 (1998). Variations across studies in prevalence estimates of violence during pregnancy may occur due to several factors, including when women are asked (early versus late in the pregnancy), how many times violence is assessed during the pregnancy, who asks about the violence (sex, profession), the manner in which the questions are administered (self-administered questionnaire, telephone survey, face-to-face interview), the perceived degree of confidentiality and/or anonymity, and the degree of trust in the person asking the questions. Jacquelyn C. Campbell, Abuse During Pregnancy: Progress, Policy, and Potential, 88 Am. J. Pub. Health 185 (1998).
91. 54 Terri J. Ballard et al., Violence During Pregnancy: Measurement Issues, 88 Am. J. Pub. Health 274 (1998). Variations across studies in prevalence estimates of violence during pregnancy may occur due to several factors, including when women are asked (early versus late in the pregnancy), how many times violence is assessed during the pregnancy, who asks about the violence (sex, profession), the manner in which the questions are administered (self-administered questionnaire, telephone survey, face-to-face interview), the perceived degree of confidentiality and/or anonymity, and the degree of trust in the person asking the questions. Jacquelyn C. Campbell, Abuse During Pregnancy: Progress, Policy, and Potential, 88 Am. J. Pub. Health 185 (1998).
92. 55 Susan Wilt & Sarah Olson, Prevalence of Domestic Violence in the United States, 51 J. Am. Med. Women's Ass'n 77 (1996).
93. 56 M. VandeCastle et al., Physical Violence During the 12 Months Preceding Childbirth-Alaska, Maine, Oklahoma, and West Virginia, 1990-1991, 43 Morb. & Mort. Weekly Rep. 132 (1994).
94. 57 Timothy Dye et al., Violence, Pregnancy and Birth Outcome in Appalachia, 9 Ped. Perinatal Epidem. 35 (1995).
95. 58 Richard L. North & Karen H. Rothenberg, Partner Notification and the Threat of Domestic Violence Against Women with HIV Infection, 329 New Eng. J. Med. 1194 (1993).
96. 59 Gloria Weissman, AIDS Prevention for Women at Risk: Experience from a National Demonstration Research Project, 12 J. Primary Prev. 49 (1991); Dooley Worth, Sexual Decision-Making and AIDS: Why Condom Promotion Among Vulnerable Women is Likely to Fail, 20 Stud. Family Plan. 297 (1989). See Gina Wingood & Ralph DiClemente, The Effects of an Abusive Primary Partner on the Condom Use and Sexual Negotiation Practices of African-American Women, 87 Am. J. Pub. Health 1016 (1997).
97. 59 Gloria Weissman, AIDS Prevention for Women at Risk: Experience from a National Demonstration Research Project, 12 J. Primary Prev. 49 (1991); Dooley Worth, Sexual Decision-Making and AIDS: Why Condom Promotion Among Vulnerable Women is Likely to Fail, 20 Stud. Family Plan. 297 (1989). See Gina Wingood & Ralph DiClemente, The Effects of an Abusive Primary Partner on the Condom Use and Sexual Negotiation Practices of African-American Women, 87 Am. J. Pub. Health 1016 (1997).
98. 59 Gloria Weissman, AIDS Prevention for Women at Risk: Experience from a National Demonstration Research Project, 12 J. Primary Prev. 49 (1991); Dooley Worth, Sexual Decision-Making and AIDS: Why Condom Promotion Among Vulnerable Women is Likely to Fail, 20 Stud. Family Plan. 297 (1989). See Gina Wingood & Ralph DiClemente, The Effects of an Abusive Primary Partner on the Condom Use and Sexual Negotiation Practices of African-American Women, 87 Am. J. Pub. Health 1016 (1997).
99. 60 North & Rothenberg, supra note 58.
100. 61 Teri Randall, Domestic Violence Begets Other Problems of Which Physicians Must Be Aware to Be Effective, 264 J.A.M.A. 940 (1990); Wendy Goldberg & Michael Tomlanovich, Domestic Violence Victims in the Emergency Department, 251 J.A.M.A. 3259 (1984); Evan Stark & Anne Flitcraft, Wife Abuse in the Medical Setting: An Introduction for Health Personnel (1981).
101. 61 Teri Randall, Domestic Violence Begets Other Problems of Which Physicians Must Be Aware to Be Effective, 264 J.A.M.A. 940 (1990); Wendy Goldberg & Michael Tomlanovich, Domestic Violence Victims in the Emergency Department, 251 J.A.M.A. 3259 (1984); Evan Stark & Anne Flitcraft, Wife Abuse in the Medical Setting: An Introduction for Health Personnel (1981).
102. 61 Teri Randall, Domestic Violence Begets Other Problems of Which Physicians Must Be Aware to Be Effective, 264 J.A.M.A. 940 (1990); Wendy Goldberg & Michael Tomlanovich, Domestic Violence Victims in the Emergency Department, 251 J.A.M.A. 3259 (1984); Evan Stark & Anne Flitcraft, Wife Abuse in the Medical Setting: An Introduction for Health Personnel (1981).
103. 62 Kimberly K. Eby et al., Health Effects of Experiences of Sexual Violence for Women with Abusive Partners, 16 Health Care for Women Int'l 563 (1995).
104. 63 Sylvia R. Beck et al., Ocular Injuries in Battered Women, 103 Ophthalmology 148 (1996); Kathleen N. Hartzell et al., Orbital Fractures in Women Due to Sexual Assautl and Domestic Violence, 103 Ophthalmology 953 (1996).
105. 63 Sylvia R. Beck et al., Ocular Injuries in Battered Women, 103 Ophthalmology 148 (1996); Kathleen N. Hartzell et al., Orbital Fractures in Women Due to Sexual Assautl and Domestic Violence, 103 Ophthalmology 953 (1996).
106. 64 Balakrishnan et al., supra note 34; Prasad, supra note 43.
107. 64 Balakrishnan et al., supra note 34; Prasad, supra note 43.
108. 65 Hartzell et al., supra note 63.
109. 66 Angela Browne & Kirk R. Williams, Gender, Intimacy, and Lethal Violence: Trends from 1976 Through 1987, 7 Gender Soc. 78 (1993); Margo Wilson & Martin Daly, Spousal Homicide Risk and Estrangement, 8 Violence Victims 3 (1993).
110. 66 Angela Browne & Kirk R. Williams, Gender, Intimacy, and Lethal Violence: Trends from 1976 Through 1987, 7 Gender Soc. 78 (1993); Margo Wilson & Martin Daly, Spousal Homicide Risk and Estrangement, 8 Violence Victims 3 (1993).
111. 67 Evan Stark et al., Medicine and Patriarchal Violence: The Social Construction of a "Private" Event, 9 Int'l J. Health Serv. 461 (1979).
112. 68 Balakrishnan et al., supra note 34.
113. 69 Elaine Hilberman, Overview: The "Wife-Beater's Wife" Reconsidered, 2 Am. J. Psychiatry 1336 (1980); Alexandra Symonds, Violence Against Women: The Myth of Masochism, 33 Am. J. Psychotherapy 161 (1979); Mary Ann Dutton, Empowering And Healing The Battered Woman: A Model for Empowerment and Intervention (1992); Angela Browne, When Battered Women Kill (1987); Lenore E. Walker, The Battered Woman (1979).
114. 69 Elaine Hilberman, Overview: The "Wife-Beater's Wife" Reconsidered, 2 Am. J. Psychiatry 1336 (1980); Alexandra Symonds, Violence Against Women: The Myth of Masochism, 33 Am. J. Psychotherapy 161 (1979); Mary Ann Dutton, Empowering And Healing The Battered Woman: A Model for Empowerment and Intervention (1992); Angela Browne, When Battered Women Kill (1987); Lenore E. Walker, The Battered Woman (1979).
115. 69 Elaine Hilberman, Overview: The "Wife-Beater's Wife" Reconsidered, 2 Am. J. Psychiatry 1336 (1980); Alexandra Symonds, Violence Against Women: The Myth of Masochism, 33 Am. J. Psychotherapy 161 (1979); Mary Ann Dutton, Empowering And Healing The Battered Woman: A Model for Empowerment and Intervention (1992); Angela Browne, When Battered Women Kill (1987); Lenore E. Walker, The Battered Woman (1979).
116. 69 Elaine Hilberman, Overview: The "Wife-Beater's Wife" Reconsidered, 2 Am. J. Psychiatry 1336 (1980); Alexandra Symonds, Violence Against Women: The Myth of Masochism, 33 Am. J. Psychotherapy 161 (1979); Mary Ann Dutton, Empowering And Healing The Battered Woman: A Model for Empowerment and Intervention (1992); Angela Browne, When Battered Women Kill (1987); Lenore E. Walker, The Battered Woman (1979).
117. 69 Elaine Hilberman, Overview: The "Wife-Beater's Wife" Reconsidered, 2 Am. J. Psychiatry 1336 (1980); Alexandra Symonds, Violence Against Women: The Myth of Masochism, 33 Am. J. Psychotherapy 161 (1979); Mary Ann Dutton, Empowering And Healing The Battered Woman: A Model for Empowerment and Intervention (1992); Angela Browne, When Battered Women Kill (1987); Lenore E. Walker, The Battered Woman (1979).
118. 70 Lisa A. Goodman et al., Violence Against Women: Physical and Mental Health Effects: Part 1 Research Findings, 2 App. Prev. Psychol. 79 (1993); Sarah E. Ullman & Judith M. Siegel, Victim-Offender Relationship and Sexual Assault, 8 Violence Victims 121 (1993).
119. 70 Lisa A. Goodman et al., Violence Against Women: Physical and Mental Health Effects: Part 1 Research Findings, 2 App. Prev. Psychol. 79 (1993); Sarah E. Ullman & Judith M. Siegel, Victim-Offender Relationship and Sexual Assault, 8 Violence Victims 121 (1993).
120. 71 Goodman et al., supra note 70.
121. 72 Walker, supra note 69.
122. 73 Lenore E. Walker, The Battered Woman Syndrome Is a Psychological Consequence of Abuse, in Current Controversies, supra note 30, at 133.
123. 74 Id.
124. 75 Patrick C. McHenry et al., Toward a Biopsychosocial Model of Domestic Violence, 57 J. Marriage & Family 307 (1995). For a detailed review of the biosocial bases for violence, see Biosocial Bases Of Violence (Adrian Raine et al. eds. 1996); 2 National Research Council, Understanding and Preventing Violence: Biobehavioral Influences (1994).
125. 75 Patrick C. McHenry et al., Toward a Biopsychosocial Model of Domestic Violence, 57 J. Marriage & Family 307 (1995). For a detailed review of the biosocial bases for violence, see Biosocial Bases Of Violence (Adrian Raine et al. eds. 1996); 2 National Research Council, Understanding and Preventing Violence: Biobehavioral Influences (1994).
126. 75 Patrick C. McHenry et al., Toward a Biopsychosocial Model of Domestic Violence, 57 J. Marriage & Family 307 (1995). For a detailed review of the biosocial bases for violence, see Biosocial Bases Of Violence (Adrian Raine et al. eds. 1996); 2 National Research Council, Understanding and Preventing Violence: Biobehavioral Influences (1994).
127. 76 Alan Booth & James M. Dabbs, Jr., Testosterone and Men's Marriage, 72 Soc. Forces 463 (1993).
128. 77 Susan E. Martin, The Epidemiology of Alcohol-Related Interpersonal Violence, 16 Alcohol Health Res. World 230 (1992); Kai Pernanen, Alcohol and Crimes of Violence, in 4 The Biology Of Alcoholism: Social Aspects Of Alcoholism (Benjamin Kissin & Henri Bagleitor eds. 1976).
129. 77 Susan E. Martin, The Epidemiology of Alcohol-Related Interpersonal Violence, 16 Alcohol Health Res. World 230 (1992); Kai Pernanen, Alcohol and Crimes of Violence, in 4 The Biology Of Alcoholism: Social Aspects Of Alcoholism (Benjamin Kissin & Henri Bagleitor eds. 1976).
130. 78 Richard J. Gelles, Child Abuse and Violence in Single Parent Families: Parent Absence and Economic Deprivation, 59 Am. J. Orthopsychiatry 492 (1989).
131. 79 Bruce J. Rounsaville, Battered Wives: Barriers to Identification and Treatment, 48 Am. J. Orthopsychiatry 487 (1978).
132. 80 Richard J. Gelles, Research and Advocacy: Can One Wear Two Hats?, 33 Fam. Process 93 (1994); Suzanne K. Steinmetz, Family Violence: Past, Present, and Future, in Handbook of Marriage and the Family 725 (Marvin B. Sussmann & Suzanne K. Steinmetz eds. 1987).
133. 80 Richard J. Gelles, Research and Advocacy: Can One Wear Two Hats?, 33 Fam. Process 93 (1994); Suzanne K. Steinmetz, Family Violence: Past, Present, and Future, in Handbook of Marriage and the Family 725 (Marvin B. Sussmann & Suzanne K. Steinmetz eds. 1987).
134. 81 Helen S. Pan et al., Predicting Mild and Severe Husband-to-Wife Physical Aggression, 62 J. Consulting Clin. Psychol. 975 (1994); Richard Gelles, An Exchange/Social Control Theory, in The Dark Side of Families: Current Family Violence Research 151 (David Finkelhor et al. eds. 1983).
135. 81 Helen S. Pan et al., Predicting Mild and Severe Husband-to-Wife Physical Aggression, 62 J. Consulting Clin. Psychol. 975 (1994); Richard Gelles, An Exchange/Social Control Theory, in The Dark Side of Families: Current Family Violence Research 151 (David Finkelhor et al. eds. 1983).
136. 82 K. Daniel O'Leary, Through a Psychological Lens: Personality Traits, Personality Disorders, and Levels of Violence, in Current Controversies, supra note 30, at 7.
137. 83 Richard J. Gelles, Intimate Violence in Families (3d ed. 1997).
138. 84 Zvi C. Eisikovits et al., Women Battering in Israel: The Relative Contributions of Interpersonal Factors, 63 Am. J. Orthopsychiatry 313 (1993).
139. 85 Michael Lambeck, Like Teeth Biting Tongue: The Prescription and Practice of Spouse Abuse in Mayotte, in Cultural Perspectives On The Beating Of Wives 157 (Dorothy Ayers Counts et al. eds. 1992).
140. 86 Id.
141. 87 Caryl E. Rusbult, A Longitudinal Test of the Investment Model: The Development and Deterioration of Satisfaction and Commitment in Heterosexual Involvements, 45 J. Personality Soc. Psychol. 101 (1983); Caryl E. Rusbult, Commitment and Satisfaction in Romantic Situations: A Test of the Investment Model, 16 J. Experimental Soc. Psychol. 172 (1980).
142. 87 Caryl E. Rusbult, A Longitudinal Test of the Investment Model: The Development and Deterioration of Satisfaction and Commitment in Heterosexual Involvements, 45 J. Personality Soc. Psychol. 101 (1983); Caryl E. Rusbult, Commitment and Satisfaction in Romantic Situations: A Test of the Investment Model, 16 J. Experimental Soc. Psychol. 172 (1980).
143. 88 Rusbult, A Longitudinal Test, supra note 87; Rusbult, Commitment and Satisfaction, supra note 87.
144. 88 Rusbult, A Longitudinal Test, supra note 87; Rusbult, Commitment and Satisfaction, supra note 87.
145. 89 Rusbult, A Longitudinal Test, supra note 87; Rusbult, Commitment and Satisfaction, supra note 87.
146. 89 Rusbult, A Longitudinal Test, supra note 87; Rusbult, Commitment and Satisfaction, supra note 87.
147. 90 Rusbult, A Longitudinal Test, supra note 87; Rusbult, Commitment and Satisfaction, supra note 87.
148. 90 Rusbult, A Longitudinal Test, supra note 87; Rusbult, Commitment and Satisfaction, supra note 87.
149. 91 Robert O. Blood & Donald M. Wolfe, Husbands And Wives: The Dynamics Of Married Living (1960).
150. 92 William J. Goode, Force and Violence in the Family, 33 J. Marriage Fam. 624 (1971).
151. 93 Albert Bandura, The Social Learning Perspective: Mechanisms of Aggression, in Psychology Of Crime And Criminal Justice 298 (Hans Toch ed. 1979).
152. 94 Id.
153. 95 Byron Egeland et al., Breaking the Cycle of Abuse, 59 Child Devel. 1080 (1988); Glen E. Davis & Harold Leitenherg, Adolescent Sex Offenders, 101 Psychol. Bull. 417 (1987); Joan Kaufman & Edward Zigler, Do Abused Children Become Abusive Parents?, 57 Am. J. Orthopsychiatry 186 (1987); David T. Ballard et al., A Contemporary Profile of the Incest Perpetrator: Background Characteristics, Abuse History, and Use of Social Skills, in The Incest Perpetrator: A Family Member No One Wants To Treat 54 (Anne L. Norton et al. eds. 1990).
154. 95 Byron Egeland et al., Breaking the Cycle of Abuse, 59 Child Devel. 1080 (1988); Glen E. Davis & Harold Leitenherg, Adolescent Sex Offenders, 101 Psychol. Bull. 417 (1987); Joan Kaufman & Edward Zigler, Do Abused Children Become Abusive Parents?, 57 Am. J. Orthopsychiatry 186 (1987); David T. Ballard et al., A Contemporary Profile of the Incest Perpetrator: Background Characteristics, Abuse History, and Use of Social Skills, in The Incest Perpetrator: A Family Member No One Wants To Treat 54 (Anne L. Norton et al. eds. 1990).
155. 95 Byron Egeland et al., Breaking the Cycle of Abuse, 59 Child Devel. 1080 (1988); Glen E. Davis & Harold Leitenherg, Adolescent Sex Offenders, 101 Psychol. Bull. 417 (1987); Joan Kaufman & Edward Zigler, Do Abused Children Become Abusive Parents?, 57 Am. J. Orthopsychiatry 186 (1987); David T. Ballard et al., A Contemporary Profile of the Incest Perpetrator: Background Characteristics, Abuse History, and Use of Social Skills, in The Incest Perpetrator: A Family Member No One Wants To Treat 54 (Anne L. Norton et al. eds. 1990).
156. 95 Byron Egeland et al., Breaking the Cycle of Abuse, 59 Child Devel. 1080 (1988); Glen E. Davis & Harold Leitenherg, Adolescent Sex Offenders, 101 Psychol. Bull. 417 (1987); Joan Kaufman & Edward Zigler, Do Abused Children Become Abusive Parents?, 57 Am. J. Orthopsychiatry 186 (1987); David T. Ballard et al., A Contemporary Profile of the Incest Perpetrator: Background Characteristics, Abuse History, and Use of Social Skills, in The Incest Perpetrator: A Family Member No One Wants To Treat 54 (Anne L. Norton et al. eds. 1990).
157. 96 Ronald E. Cromwell & David H.L. Olson, Power In Families (1975).
158. 97 Id.
159. 98 Piera Serra, Physical Violence in the Couple Relationship: A Contribution Towards the Analysis of Context, 32 Fam. Process 21, 24 (1993) (emphasis in original).
160. 99 A.L. Ganley & L. Harris, Domestic Violence: Issues in Designing and Implementing Programs for Male Batterers, unpublished paper presented at the 86th Annual Convention of the American Psychological Association, Toronto, Canada, 1978, cited in Julia C. Babcock et al., Power and Violence: The Relation Between Communication Patterns, Power Discrepancies, and Domestic Violence, 61 J. Consulting Clin. Psychol. 40 (1993).
161. 99 A.L. Ganley & L. Harris, Domestic Violence: Issues in Designing and Implementing Programs for Male Batterers, unpublished paper presented at the 86th Annual Convention of the American Psychological Association, Toronto, Canada, 1978, cited in Julia C. Babcock et al., Power and Violence: The Relation Between Communication Patterns, Power Discrepancies, and Domestic Violence, 61 J. Consulting Clin. Psychol. 40 (1993).
162. 100 Michele Bograd, How Battered Women and Abusive Men Account for Violence: Excuses, Justifications or Explanations?, in Coping with Family Violence: Research and Policy Perspectives 60 (Gerald T. Hotaling et al. eds. 1988).
163. 101 Babcock et al., supra note 99.
164. 102 Donald G. Dutton & Susan Painter, Emotional Attachments in Abusive Relationships: A Test of Traumatic Bonding Theory, 8 Violence Victims 105 (1993); Donald G. Dutton & Susan Painter, Traumatic Bonding: The Development of Emotional Attachments in Battered Women and Other Relationships of Intermittent Abuse, 1 Victimology: Int'l J. 139 (1981).
165. 102 Donald G. Dutton & Susan Painter, Emotional Attachments in Abusive Relationships: A Test of Traumatic Bonding Theory, 8 Violence Victims 105 (1993); Donald G. Dutton & Susan Painter, Traumatic Bonding: The Development of Emotional Attachments in Battered Women and Other Relationships of Intermittent Abuse, 1 Victimology: Int'l J. 139 (1981).
166. 103 Dutton & Painter, Emotional Attachments, supra note 102; Dutton & Painter, Traumatic Bonding, supra note 102.
167. 103 Dutton & Painter, Emotional Attachments, supra note 102; Dutton & Painter, Traumatic Bonding, supra note 102.
168. 104 Bruce J. Rounsaville, Theories in Marital Violence: Evidence from a Study of Battered Women, 3 Victimology 11 (1978).
169. 105 Walker, supra note 69.
170. 106 Carl A. Bersani & Huey-Tsyh Chen, Sociological Perspectives on Family Violence, in Handbook of Family Violence 57 (Vincent B. Van Hasselt et al. eds. 1988).
171. 107 Jay Belsky, Child Maltreatment: An Ecological Integration, 35 Am. Psychol. 320 (1980).
172. 108 Id.
173. 109 Ronald Prestos Rohner, They Love Me, They Love Me Not: A Worldwide Study of the Effects of Parental Acceptance and Rejection (1975); Gerhard E. Lenski & Jean Lenski, Human Societies: An Introduction to Macrosociology (1970); Raoul Naroll, What We Have Learned from Cross-Cultural Surveys, 72 Am. Anthropologist 1227 (1970); Herbert Barry et al., Relation of Child Training to Subsistence Economy, in Cross-Cultural Approaches 146 (Clellan S. Ford ed. 1967).
174. 109 Ronald Prestos Rohner, They Love Me, They Love Me Not: A Worldwide Study of the Effects of Parental Acceptance and Rejection (1975); Gerhard E. Lenski & Jean Lenski, Human Societies: An Introduction to Macrosociology (1970); Raoul Naroll, What We Have Learned from Cross-Cultural Surveys, 72 Am. Anthropologist 1227 (1970); Herbert Barry et al., Relation of Child Training to Subsistence Economy, in Cross-Cultural Approaches 146 (Clellan S. Ford ed. 1967).
175. 109 Ronald Prestos Rohner, They Love Me, They Love Me Not: A Worldwide Study of the Effects of Parental Acceptance and Rejection (1975); Gerhard E. Lenski & Jean Lenski, Human Societies: An Introduction to Macrosociology (1970); Raoul Naroll, What We Have Learned from Cross-Cultural Surveys, 72 Am. Anthropologist 1227 (1970); Herbert Barry et al., Relation of Child Training to Subsistence Economy, in Cross-Cultural Approaches 146 (Clellan S. Ford ed. 1967).
176. 109 Ronald Prestos Rohner, They Love Me, They Love Me Not: A Worldwide Study of the Effects of Parental Acceptance and Rejection (1975); Gerhard E. Lenski & Jean Lenski, Human Societies: An Introduction to Macrosociology (1970); Raoul Naroll, What We Have Learned from Cross-Cultural Surveys, 72 Am. Anthropologist 1227 (1970); Herbert Barry et al., Relation of Child Training to Subsistence Economy, in Cross-Cultural Approaches 146 (Clellan S. Ford ed. 1967).
177. 110 Rohner, supra note 109; Lenski & Lenski, supra note 109; Naroll, supra note 109; Barry et al., supra note 109.
178. 110 Rohner, supra note 109; Lenski & Lenski, supra note 109; Naroll, supra note 109; Barry et al., supra note 109.
179. 110 Rohner, supra note 109; Lenski & Lenski, supra note 109; Naroll, supra note 109; Barry et al., supra note 109.
180. 110 Rohner, supra note 109; Lenski & Lenski, supra note 109; Naroll, supra note 109; Barry et al., supra note 109.
181. 111 David Levinson, Family Violence in Cross-Cultural Perspective (1989).
182. 112 Rebecca Morley, Wife Beating und Modernization: The Case of Papua New Guinea, 25 J. Comp. Fam. Stud. 25 (1994).
183. 113 Karen Tracy & Charles B. Crawford, Wife Abuse: Does It Have an Evolutionary Origin?, in Sanctions and Sanctuary: Cultural Perspectives on the Beating of Wives 19 (Dorothy Ayers Counts et al. eds. 1992).
184. 114 Id.
185. 115 Margo Wilson & Martin Daly, An Evolutionary Psychological Perspective on Male Sexual Proprietariness and Violence Against Wives, 8 Violence Victims 271 (1993).
186. 116 Id.
187. 117 Murray A. Straus, Wife Beating: How Common and Why?, 2 Victimology 443 (1978).
188. 118 Id.
189. 119 R. Emerson Dobash & Russel Dobash, Violence Against Wives (1979).
190. 120 Id.
191. 121 Richard W. Wrangham & Dale Peterson, Demonic Males: Apes and the Origins of Human Violence (1996). Sati refers to the Hindu ritual whereby a wife follows her deceased husband to death by joining him on his funeral pyre. John S. Hawley, Introduction, in The Blessing and the Curse, supra note 48, at 3-26. Although few women now end their lives in this manner, and although the practice is now legally prohibited in India, where it was practiced, the woman who ends her life as a sati ("good woman") continues to be venerated. Harlan, supra note 48, at 79-91. Infibulation, also known as pharaonic circumcision, is the most extreme form of female genital mutilation, also known as traditional female genital surgery. Infibulation requires the removal of the entire clitoris, the entire labia minora, and at least two-thirds of the labia majora. The two sides of the vulva are sewn together with silk or catgut or are held together with thorns. A small opening is left by inserting a matchstick; this opening permits the passage of menstrual blood and urine. The girl's legs are bound together from the hips to the ankles for up to 40 days to permit scar tissue to form. Council on Scientific Affairs, American Medical Association, Female Genital Mutilation, 274 J.A.M.A. 1714, 1714 (1995). The two less extreme forms of traditional female genital surgery are sunna, which involves a subtotal clitoridectomy, and excision, which consists of a complete clitoridectomy and the removal of parts or all of the labia minora. Id.
192. 121 Richard W. Wrangham & Dale Peterson, Demonic Males: Apes and the Origins of Human Violence (1996). Sati refers to the Hindu ritual whereby a wife follows her deceased husband to death by joining him on his funeral pyre. John S. Hawley, Introduction, in The Blessing and the Curse, supra note 48, at 3-26. Although few women now end their lives in this manner, and although the practice is now legally prohibited in India, where it was practiced, the woman who ends her life as a sati ("good woman") continues to be venerated. Harlan, supra note 48, at 79-91. Infibulation, also known as pharaonic circumcision, is the most extreme form of female genital mutilation, also known as traditional female genital surgery. Infibulation requires the removal of the entire clitoris, the entire labia minora, and at least two-thirds of the labia majora. The two sides of the vulva are sewn together with silk or catgut or are held together with thorns. A small opening is left by inserting a matchstick; this opening permits the passage of menstrual blood and urine. The girl's legs are bound together from the hips to the ankles for up to 40 days to permit scar tissue to form. Council on Scientific Affairs, American Medical Association, Female Genital Mutilation, 274 J.A.M.A. 1714, 1714 (1995). The two less extreme forms of traditional female genital surgery are sunna, which involves a subtotal clitoridectomy, and excision, which consists of a complete clitoridectomy and the removal of parts or all of the labia minora. Id.
193. 121 Richard W. Wrangham & Dale Peterson, Demonic Males: Apes and the Origins of Human Violence (1996). Sati refers to the Hindu ritual whereby a wife follows her deceased husband to death by joining him on his funeral pyre. John S. Hawley, Introduction, in The Blessing and the Curse, supra note 48, at 3-26. Although few women now end their lives in this manner, and although the practice is now legally prohibited in India, where it was practiced, the woman who ends her life as a sati ("good woman") continues to be venerated. Harlan, supra note 48, at 79-91. Infibulation, also known as pharaonic circumcision, is the most extreme form of female genital mutilation, also known as traditional female genital surgery. Infibulation requires the removal of the entire clitoris, the entire labia minora, and at least two-thirds of the labia majora. The two sides of the vulva are sewn together with silk or catgut or are held together with thorns. A small opening is left by inserting a matchstick; this opening permits the passage of menstrual blood and urine. The girl's legs are bound together from the hips to the ankles for up to 40 days to permit scar tissue to form. Council on Scientific Affairs, American Medical Association, Female Genital Mutilation, 274 J.A.M.A. 1714, 1714 (1995). The two less extreme forms of traditional female genital surgery are sunna, which involves a subtotal clitoridectomy, and excision, which consists of a complete clitoridectomy and the removal of parts or all of the labia minora. Id.
194. 121 Richard W. Wrangham & Dale Peterson, Demonic Males: Apes and the Origins of Human Violence (1996). Sati refers to the Hindu ritual whereby a wife follows her deceased husband to death by joining him on his funeral pyre. John S. Hawley, Introduction, in The Blessing and the Curse, supra note 48, at 3-26. Although few women now end their lives in this manner, and although the practice is now legally prohibited in India, where it was practiced, the woman who ends her life as a sati ("good woman") continues to be venerated. Harlan, supra note 48, at 79-91. Infibulation, also known as pharaonic circumcision, is the most extreme form of female genital mutilation, also known as traditional female genital surgery. Infibulation requires the removal of the entire clitoris, the entire labia minora, and at least two-thirds of the labia majora. The two sides of the vulva are sewn together with silk or catgut or are held together with thorns. A small opening is left by inserting a matchstick; this opening permits the passage of menstrual blood and urine. The girl's legs are bound together from the hips to the ankles for up to 40 days to permit scar tissue to form. Council on Scientific Affairs, American Medical Association, Female Genital Mutilation, 274 J.A.M.A. 1714, 1714 (1995). The two less extreme forms of traditional female genital surgery are sunna, which involves a subtotal clitoridectomy, and excision, which consists of a complete clitoridectomy and the removal of parts or all of the labia minora. Id.
195. 121 Richard W. Wrangham & Dale Peterson, Demonic Males: Apes and the Origins of Human Violence (1996). Sati refers to the Hindu ritual whereby a wife follows her deceased husband to death by joining him on his funeral pyre. John S. Hawley, Introduction, in The Blessing and the Curse, supra note 48, at 3-26. Although few women now end their lives in this manner, and although the practice is now legally prohibited in India, where it was practiced, the woman who ends her life as a sati ("good woman") continues to be venerated. Harlan, supra note 48, at 79-91. Infibulation, also known as pharaonic circumcision, is the most extreme form of female genital mutilation, also known as traditional female genital surgery. Infibulation requires the removal of the entire clitoris, the entire labia minora, and at least two-thirds of the labia majora. The two sides of the vulva are sewn together with silk or catgut or are held together with thorns. A small opening is left by inserting a matchstick; this opening permits the passage of menstrual blood and urine. The girl's legs are bound together from the hips to the ankles for up to 40 days to permit scar tissue to form. Council on Scientific Affairs, American Medical Association, Female Genital Mutilation, 274 J.A.M.A. 1714, 1714 (1995). The two less extreme forms of traditional female genital surgery are sunna, which involves a subtotal clitoridectomy, and excision, which consists of a complete clitoridectomy and the removal of parts or all of the labia minora. Id.
196. 122 Marguerite Holloway, Trends in Women's Health: A Global View, 271 Scientific Am. 77 (1994).
197. 123 George S. Rigakos, Constructing the Symbolic Complainant: Police Subculture and the Nonenforcement of Protection Orders for Battered Women, 10 Violence Victims 227 (1995).
198. 124 Jacquelyn C. Campbell, Prevention of Wife Battering: Insights from Cultural Analysis, 14 Response 18 (1992).
199. 125 Rodney Stark & James McEvoy III, Middle Class Violence, 4 Psychol. Today 107 (1970).
200. 126 Dianne Coleman & Murray Straus, Marital Power, Conflict, and Violence, 1 Violence Victims 141 (1985).
201. 127 Dorothy Ayers Counts, "All Men Do It": Wife Beating in Papua New Guinea, in Sanctions and Sanctuary, supra note 113, at 63; Shirley Lateef, Wife Abuse Among Indo-Fijians, in Sanctions and Sanctuary, supra, at 185.
202. 127 Dorothy Ayers Counts, "All Men Do It": Wife Beating in Papua New Guinea, in Sanctions and Sanctuary, supra note 113, at 63; Shirley Lateef, Wife Abuse Among Indo-Fijians, in Sanctions and Sanctuary, supra, at 185.
203. 128 B. Bergman et al., Utilisation of Medical Care by Abused Women, 305 Brit. Med. J. 27 (1992); Joel D. Haber, Abused Women and Chronic Pain, 85 Am. J. Nursing 1010 (1985); G.D. Rath et al., Rates of Domestic Violence Against Adult Women by Male Partners, 2 Am. J. Bd. Fam. Prac. 227 (1989).
204. 128 B. Bergman et al., Utilisation of Medical Care by Abused Women, 305 Brit. Med. J. 27 (1992); Joel D. Haber, Abused Women and Chronic Pain, 85 Am. J. Nursing 1010 (1985); G.D. Rath et al., Rates of Domestic Violence Against Adult Women by Male Partners, 2 Am. J. Bd. Fam. Prac. 227 (1989).
205. 128 B. Bergman et al., Utilisation of Medical Care by Abused Women, 305 Brit. Med. J. 27 (1992); Joel D. Haber, Abused Women and Chronic Pain, 85 Am. J. Nursing 1010 (1985); G.D. Rath et al., Rates of Domestic Violence Against Adult Women by Male Partners, 2 Am. J. Bd. Fam. Prac. 227 (1989).
206. 129 Elaine Carmen et al., Victims of Violence and Psychiatric Illness, 141 Am. J. Psychiatry 378 (1984); Evan Stark et al., Medicine and Patriarchal Violence: The Social Construction of a "Private" Event, 9 Int'l J. Health Servs. 461 (1979). For a broader and in-depth discussion of health care utilization by women who have been subjected to intimate partner violence, see Stacey Plichta, The Effects of Woman Abuse on Health Care Utilization and Health Status: A Literature Review, 2 Women's Health Issues 154 (1992).
207. 129 Elaine Carmen et al., Victims of Violence and Psychiatric Illness, 141 Am. J. Psychiatry 378 (1984); Evan Stark et al., Medicine and Patriarchal Violence: The Social Construction of a "Private" Event, 9 Int'l J. Health Servs. 461 (1979). For a broader and in-depth discussion of health care utilization by women who have been subjected to intimate partner violence, see Stacey Plichta, The Effects of Woman Abuse on Health Care Utilization and Health Status: A Literature Review, 2 Women's Health Issues 154 (1992).
208. 129 Elaine Carmen et al., Victims of Violence and Psychiatric Illness, 141 Am. J. Psychiatry 378 (1984); Evan Stark et al., Medicine and Patriarchal Violence: The Social Construction of a "Private" Event, 9 Int'l J. Health Servs. 461 (1979). For a broader and in-depth discussion of health care utilization by women who have been subjected to intimate partner violence, see Stacey Plichta, The Effects of Woman Abuse on Health Care Utilization and Health Status: A Literature Review, 2 Women's Health Issues 154 (1992).
209. 130 Susan V. McLeer et al., Education Is Not Enough: A Systems Failure in Protecting Battered Women, 18 Annals Emerg. Med. 651 (1989); Evan Stark et al., Wife Abuse in the Medical Setting: An Introduction for Health Personnel (1981).
210. 130 Susan V. McLeer et al., Education Is Not Enough: A Systems Failure in Protecting Battered Women, 18 Annals Emerg. Med. 651 (1989); Evan Stark et al., Wife Abuse in the Medical Setting: An Introduction for Health Personnel (1981).
211. 131 Andrea Jacobson & Bonnie Richardson, Assault Experiences of 100 Psychiatric Inpatients: Evidence of the Need for Routine Inquiry, 144 Am. J. Psychiatry 908 (1987).
212. 132 Council on Ethical and Judicial Affairs, American Medical Association, Physicians and Domestic Violence: Ethical Considerations, 267 J.A.M.A. 3190 (1992).
213. 133 Demie Kurz & Evan Stark, Not-So-Benign Neglect: The Medical Response to Battering, in Feminist Perspectives on Wife Abuse 249 (Kersti Yllo & Michele Bograd eds. 1988).
214. 134 Carole Warshaw, Limitations of the Medical Model in the Care of Battered Women, 3 Gender Soc'y 506 (1989). For other studies indicating an inability of health care providers to detect intimate partner violence, see Carl C. Bell et al., Response of Emergency Rooms to Victims of Interpersonal Violence, 45 Hosp. Community Psychiatry 142 ( 1994); Nancy E. Isaac & Ricardo L. Sanchez, Emergency Department Response to Battered Women in Massachusetts, 23 Annals Emerg. Med. 855 (1994).
215. 134 Carole Warshaw, Limitations of the Medical Model in the Care of Battered Women, 3 Gender Soc'y 506 (1989). For other studies indicating an inability of health care providers to detect intimate partner violence, see Carl C. Bell et al., Response of Emergency Rooms to Victims of Interpersonal Violence, 45 Hosp. Community Psychiatry 142 ( 1994); Nancy E. Isaac & Ricardo L. Sanchez, Emergency Department Response to Battered Women in Massachusetts, 23 Annals Emerg. Med. 855 (1994).
216. 134 Carole Warshaw, Limitations of the Medical Model in the Care of Battered Women, 3 Gender Soc'y 506 (1989). For other studies indicating an inability of health care providers to detect intimate partner violence, see Carl C. Bell et al., Response of Emergency Rooms to Victims of Interpersonal Violence, 45 Hosp. Community Psychiatry 142 ( 1994); Nancy E. Isaac & Ricardo L. Sanchez, Emergency Department Response to Battered Women in Massachusetts, 23 Annals Emerg. Med. 855 (1994).
217. 135 Task Force on Domestic Violence, State Medical Society, The Assessment and Treatment of Victims of Domestic Abuse: Model Protocol, 93 Wis. Med. J. 178, 180 (1994).
218. 136 Carole Warshaw, Guidelines for Recognition and Intervention with Victims of Domestic Violence 5. For examples of protocols that appear to facilitate recognition of intimate partner violence, see Kim Feldhaus et al., Accuracy of 3 Brief Screening Questions for Detecting Partner Violence in the Emergency Department, 277 J.A.M.A. 1357 (1997); Lenora Olson et al., Increasing Emergency Physician Recognition of Domestic Violence, 27 Annals Emerg. Med. 741 (1996); Judith McFarlane et al., Identification of Abuse in Emergency Departments: Effectiveness of a Two-Question Screening Tool, 21 J. Emerg. Nursing 391 (1995). For examples of effective protocols used in the context of primary and specialty care, rather than emergency departments, see Karen M. Freund et al., Identifying Domestic Violence in Primary Care Practice, 11 J. Gen. Int. Med. 44 ( 1996); Jane Leserman et al., The Reliability and Validity of a Sexual and Physical Abuse History Questionnaire in Female Patients with Gastrointestinal Disorders, 21 Behav. Med. 141 (1995). See also Lynne B. Norton et al., Battering in Pregnancy: An Assessment of Two Screening Methods, 85 Ob. & Gyn. 321 (1995). Hospitals have developed such protocols in order to comply with guidelines of the Joint Commission on Accreditation of Healthcare Organizations. Daniel J. Sheridan & Wendy K. Taylor, Developing Hospital-Based Domestic Violence Programs, Protocols, Policies, and Procedures, 4 Ass'n Women Health Ob. Neonatal Nurses 471 (1993).
219. 136 Carole Warshaw, Guidelines for Recognition and Intervention with Victims of Domestic Violence 5. For examples of protocols that appear to facilitate recognition of intimate partner violence, see Kim Feldhaus et al., Accuracy of 3 Brief Screening Questions for Detecting Partner Violence in the Emergency Department, 277 J.A.M.A. 1357 (1997); Lenora Olson et al., Increasing Emergency Physician Recognition of Domestic Violence, 27 Annals Emerg. Med. 741 (1996); Judith McFarlane et al., Identification of Abuse in Emergency Departments: Effectiveness of a Two-Question Screening Tool, 21 J. Emerg. Nursing 391 (1995). For examples of effective protocols used in the context of primary and specialty care, rather than emergency departments, see Karen M. Freund et al., Identifying Domestic Violence in Primary Care Practice, 11 J. Gen. Int. Med. 44 ( 1996); Jane Leserman et al., The Reliability and Validity of a Sexual and Physical Abuse History Questionnaire in Female Patients with Gastrointestinal Disorders, 21 Behav. Med. 141 (1995). See also Lynne B. Norton et al., Battering in Pregnancy: An Assessment of Two Screening Methods, 85 Ob. & Gyn. 321 (1995). Hospitals have developed such protocols in order to comply with guidelines of the Joint Commission on Accreditation of Healthcare Organizations. Daniel J. Sheridan & Wendy K. Taylor, Developing Hospital-Based Domestic Violence Programs, Protocols, Policies, and Procedures, 4 Ass'n Women Health Ob. Neonatal Nurses 471 (1993).
220. 136 Carole Warshaw, Guidelines for Recognition and Intervention with Victims of Domestic Violence 5. For examples of protocols that appear to facilitate recognition of intimate partner violence, see Kim Feldhaus et al., Accuracy of 3 Brief Screening Questions for Detecting Partner Violence in the Emergency Department, 277 J.A.M.A. 1357 (1997); Lenora Olson et al., Increasing Emergency Physician Recognition of Domestic Violence, 27 Annals Emerg. Med. 741 (1996); Judith McFarlane et al., Identification of Abuse in Emergency Departments: Effectiveness of a Two-Question Screening Tool, 21 J. Emerg. Nursing 391 (1995). For examples of effective protocols used in the context of primary and specialty care, rather than emergency departments, see Karen M. Freund et al., Identifying Domestic Violence in Primary Care Practice, 11 J. Gen. Int. Med. 44 ( 1996); Jane Leserman et al., The Reliability and Validity of a Sexual and Physical Abuse History Questionnaire in Female Patients with Gastrointestinal Disorders, 21 Behav. Med. 141 (1995). See also Lynne B. Norton et al., Battering in Pregnancy: An Assessment of Two Screening Methods, 85 Ob. & Gyn. 321 (1995). Hospitals have developed such protocols in order to comply with guidelines of the Joint Commission on Accreditation of Healthcare Organizations. Daniel J. Sheridan & Wendy K. Taylor, Developing Hospital-Based Domestic Violence Programs, Protocols, Policies, and Procedures, 4 Ass'n Women Health Ob. Neonatal Nurses 471 (1993).
221. 136 Carole Warshaw, Guidelines for Recognition and Intervention with Victims of Domestic Violence 5. For examples of protocols that appear to facilitate recognition of intimate partner violence, see Kim Feldhaus et al., Accuracy of 3 Brief Screening Questions for Detecting Partner Violence in the Emergency Department, 277 J.A.M.A. 1357 (1997); Lenora Olson et al., Increasing Emergency Physician Recognition of Domestic Violence, 27 Annals Emerg. Med. 741 (1996); Judith McFarlane et al., Identification of Abuse in Emergency Departments: Effectiveness of a Two-Question Screening Tool, 21 J. Emerg. Nursing 391 (1995). For examples of effective protocols used in the context of primary and specialty care, rather than emergency departments, see Karen M. Freund et al., Identifying Domestic Violence in Primary Care Practice, 11 J. Gen. Int. Med. 44 ( 1996); Jane Leserman et al., The Reliability and Validity of a Sexual and Physical Abuse History Questionnaire in Female Patients with Gastrointestinal Disorders, 21 Behav. Med. 141 (1995). See also Lynne B. Norton et al., Battering in Pregnancy: An Assessment of Two Screening Methods, 85 Ob. & Gyn. 321 (1995). Hospitals have developed such protocols in order to comply with guidelines of the Joint Commission on Accreditation of Healthcare Organizations. Daniel J. Sheridan & Wendy K. Taylor, Developing Hospital-Based Domestic Violence Programs, Protocols, Policies, and Procedures, 4 Ass'n Women Health Ob. Neonatal Nurses 471 (1993).
222. 136 Carole Warshaw, Guidelines for Recognition and Intervention with Victims of Domestic Violence 5. For examples of protocols that appear to facilitate recognition of intimate partner violence, see Kim Feldhaus et al., Accuracy of 3 Brief Screening Questions for Detecting Partner Violence in the Emergency Department, 277 J.A.M.A. 1357 (1997); Lenora Olson et al., Increasing Emergency Physician Recognition of Domestic Violence, 27 Annals Emerg. Med. 741 (1996); Judith McFarlane et al., Identification of Abuse in Emergency Departments: Effectiveness of a Two-Question Screening Tool, 21 J. Emerg. Nursing 391 (1995). For examples of effective protocols used in the context of primary and specialty care, rather than emergency departments, see Karen M. Freund et al., Identifying Domestic Violence in Primary Care Practice, 11 J. Gen. Int. Med. 44 ( 1996); Jane Leserman et al., The Reliability and Validity of a Sexual and Physical Abuse History Questionnaire in Female Patients with Gastrointestinal Disorders, 21 Behav. Med. 141 (1995). See also Lynne B. Norton et al., Battering in Pregnancy: An Assessment of Two Screening Methods, 85 Ob. & Gyn. 321 (1995). Hospitals have developed such protocols in order to comply with guidelines of the Joint Commission on Accreditation of Healthcare Organizations. Daniel J. Sheridan & Wendy K. Taylor, Developing Hospital-Based Domestic Violence Programs, Protocols, Policies, and Procedures, 4 Ass'n Women Health Ob. Neonatal Nurses 471 (1993).
223. 136 Carole Warshaw, Guidelines for Recognition and Intervention with Victims of Domestic Violence 5. For examples of protocols that appear to facilitate recognition of intimate partner violence, see Kim Feldhaus et al., Accuracy of 3 Brief Screening Questions for Detecting Partner Violence in the Emergency Department, 277 J.A.M.A. 1357 (1997); Lenora Olson et al., Increasing Emergency Physician Recognition of Domestic Violence, 27 Annals Emerg. Med. 741 (1996); Judith McFarlane et al., Identification of Abuse in Emergency Departments: Effectiveness of a Two-Question Screening Tool, 21 J. Emerg. Nursing 391 (1995). For examples of effective protocols used in the context of primary and specialty care, rather than emergency departments, see Karen M. Freund et al., Identifying Domestic Violence in Primary Care Practice, 11 J. Gen. Int. Med. 44 ( 1996); Jane Leserman et al., The Reliability and Validity of a Sexual and Physical Abuse History Questionnaire in Female Patients with Gastrointestinal Disorders, 21 Behav. Med. 141 (1995). See also Lynne B. Norton et al., Battering in Pregnancy: An Assessment of Two Screening Methods, 85 Ob. & Gyn. 321 (1995). Hospitals have developed such protocols in order to comply with guidelines of the Joint Commission on Accreditation of Healthcare Organizations. Daniel J. Sheridan & Wendy K. Taylor, Developing Hospital-Based Domestic Violence Programs, Protocols, Policies, and Procedures, 4 Ass'n Women Health Ob. Neonatal Nurses 471 (1993).
224. 136 Carole Warshaw, Guidelines for Recognition and Intervention with Victims of Domestic Violence 5. For examples of protocols that appear to facilitate recognition of intimate partner violence, see Kim Feldhaus et al., Accuracy of 3 Brief Screening Questions for Detecting Partner Violence in the Emergency Department, 277 J.A.M.A. 1357 (1997); Lenora Olson et al., Increasing Emergency Physician Recognition of Domestic Violence, 27 Annals Emerg. Med. 741 (1996); Judith McFarlane et al., Identification of Abuse in Emergency Departments: Effectiveness of a Two-Question Screening Tool, 21 J. Emerg. Nursing 391 (1995). For examples of effective protocols used in the context of primary and specialty care, rather than emergency departments, see Karen M. Freund et al., Identifying Domestic Violence in Primary Care Practice, 11 J. Gen. Int. Med. 44 ( 1996); Jane Leserman et al., The Reliability and Validity of a Sexual and Physical Abuse History Questionnaire in Female Patients with Gastrointestinal Disorders, 21 Behav. Med. 141 (1995). See also Lynne B. Norton et al., Battering in Pregnancy: An Assessment of Two Screening Methods, 85 Ob. & Gyn. 321 (1995). Hospitals have developed such protocols in order to comply with guidelines of the Joint Commission on Accreditation of Healthcare Organizations. Daniel J. Sheridan & Wendy K. Taylor, Developing Hospital-Based Domestic Violence Programs, Protocols, Policies, and Procedures, 4 Ass'n Women Health Ob. Neonatal Nurses 471 (1993).
225. 136 Carole Warshaw, Guidelines for Recognition and Intervention with Victims of Domestic Violence 5. For examples of protocols that appear to facilitate recognition of intimate partner violence, see Kim Feldhaus et al., Accuracy of 3 Brief Screening Questions for Detecting Partner Violence in the Emergency Department, 277 J.A.M.A. 1357 (1997); Lenora Olson et al., Increasing Emergency Physician Recognition of Domestic Violence, 27 Annals Emerg. Med. 741 (1996); Judith McFarlane et al., Identification of Abuse in Emergency Departments: Effectiveness of a Two-Question Screening Tool, 21 J. Emerg. Nursing 391 (1995). For examples of effective protocols used in the context of primary and specialty care, rather than emergency departments, see Karen M. Freund et al., Identifying Domestic Violence in Primary Care Practice, 11 J. Gen. Int. Med. 44 ( 1996); Jane Leserman et al., The Reliability and Validity of a Sexual and Physical Abuse History Questionnaire in Female Patients with Gastrointestinal Disorders, 21 Behav. Med. 141 (1995). See also Lynne B. Norton et al., Battering in Pregnancy: An Assessment of Two Screening Methods, 85 Ob. & Gyn. 321 (1995). Hospitals have developed such protocols in order to comply with guidelines of the Joint Commission on Accreditation of Healthcare Organizations. Daniel J. Sheridan & Wendy K. Taylor, Developing Hospital-Based Domestic Violence Programs, Protocols, Policies, and Procedures, 4 Ass'n Women Health Ob. Neonatal Nurses 471 (1993).
226. 137 Sara Torres, A Comparison of Wife Abuse Between Two Cultures: Perceptions, Attitudes, Nature, and Extent, 12 Issues Mental Health Nursing: Psych. Nursing for '90's: New Therapies 113 (1991).
227. 138 Evan Stark & Anne Flitcraft, Violence Among Intimates: An Epidemiological Review, in Handbook, supra note 106, at 293.
228. 139 Evan Stark & Anne Flitcraft, Personal Power and Institutional Victimization: Treating the Dual Trauma of Woman Battering, in Post-Traumatic Therapy (F. Ochberg ed. 1987).
229. 140 Stark & Flitcraft, supra note 138.
230. 141 Kurz & Stark, supra note 133.
231. 142 Mary Brendtro & Lee H. Bowker, Battered Women: How Can Nurses Help?, 10 Issues Mental Health Nursing 169 (1989).
232. 143 H.A. Holtz et al., Education About Domestic Violence in U.S. and Canadian Medical Schools, 1987-1988, 38 Morb. & Mort. Weekly Rep. 17 (1989). See generally Linda R. Chambliss et al., Domestic Violence: An Educational Imperative, 172 Am. J. Ob. & Gyn. 1035 (1995). At least one study has found that physician response to intimate partner violence is related to prior professional training as well as having personally known a victim. Female physicians, however, have been found to detect abuse earlier and to take a more thorough history from the patient. Daniel G. Saunders & Phillips Kindy, Jr., Physicians' Responses to Woman Abuse: The Role of Gender, Background, and Brief Training, 8 J. Gen. Int. Med. 606 (1993).
233. 143 H.A. Holtz et al., Education About Domestic Violence in U.S. and Canadian Medical Schools, 1987-1988, 38 Morb. & Mort. Weekly Rep. 17 (1989). See generally Linda R. Chambliss et al., Domestic Violence: An Educational Imperative, 172 Am. J. Ob. & Gyn. 1035 (1995). At least one study has found that physician response to intimate partner violence is related to prior professional training as well as having personally known a victim. Female physicians, however, have been found to detect abuse earlier and to take a more thorough history from the patient. Daniel G. Saunders & Phillips Kindy, Jr., Physicians' Responses to Woman Abuse: The Role of Gender, Background, and Brief Training, 8 J. Gen. Int. Med. 606 (1993).
234. 143 H.A. Holtz et al., Education About Domestic Violence in U.S. and Canadian Medical Schools, 1987-1988, 38 Morb. & Mort. Weekly Rep. 17 (1989). See generally Linda R. Chambliss et al., Domestic Violence: An Educational Imperative, 172 Am. J. Ob. & Gyn. 1035 (1995). At least one study has found that physician response to intimate partner violence is related to prior professional training as well as having personally known a victim. Female physicians, however, have been found to detect abuse earlier and to take a more thorough history from the patient. Daniel G. Saunders & Phillips Kindy, Jr., Physicians' Responses to Woman Abuse: The Role of Gender, Background, and Brief Training, 8 J. Gen. Int. Med. 606 (1993).
235. 144 Curtis Ruby, Documenting Domestic Abuse, 85 Iowa Med. 76 (1995).
236. 145 As an example, North Carolina law requires that physicians and hospitals report cases of bullet wound, gunshot wound, powder burn or any other injury arising from or caused by, or appearing to arise from or be caused by, the discharge of a gun or firearm, every case of illness apparently caused by poisoning, every case of a wound or injury caused, or apparently caused, by a knife or sharp or pointed instrument if it appears lo the physician or surgeon treating the case that a criminal act was involved, and every case of a wound, injury or illness in which there is grave bodily harm or grave illness if it appears to the physician or surgeon treating the case that the wound, injury or illness resulted from a criminal act of violence. N.C. Gen. Stat. § 90-21.20 (1997) (emphasis added). Accordingly, the physician or surgeon essentially must prejudge whether a criminal act may have occurred and may feel compelled to report the incident, regardless of the patient's explanation for the injury and wish to keep the event "private." See generally Jeanine Freeman, Domestic Violence: The Law and Physician Liabilities, 85 Iowa Med. 70 (1995).
237. 146 Jane Francis Connors, Violence Against Women in the Family 3 (1989) (United Nations Report).
238. 147 Dorothy Q. Thomas & Michele E. Beasley, Domestic Violence as a Human Rights Issue, 15 Human Rights Q. 36, 40-41 (1993).
239. 148 Id. at 37. Article 26 of the International Covenant on Civil and Political Rights prohibits discrimination on the basis of sex. Adopted 16 Dec. 1966, entered into force 23 Mar. 1976, G.A. Res. 2200 (XXI), 21 U.N. Gaor Supp. No. 16, at 52, U.N. Doc. A/6316 (1966). Article 3 of the Universal Declaration of Human Rights provides that "everyone has the right to life, liberty and security of person." Signed 10 Dec. 1948, G.A. Res. 217A (III), U.N. Doc. A/810 (1948).
240. 149 Americas Watch, Criminal Injustice: Violence Against Woment in Brazil (1991).
241. 150 Id.
242. 151 See generally Narayan, supra note 23.
243. 152 Michelle Anderson, License to Abuse: The Impact of Conditional Status on Female Immigrants, 102 Yale L.J. 1401 (1993).
244. 153 Immigration Marriage Fraud Amendments of 1986 [IMFA], Pub. L. No. 99-639, § 5b, 100 Stat. 3537, 3543 (Nov. 10, 1986).
245. 154 Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978; Violence Against Women Act of 1994, 8 U.S.C. §§ 1151, 1154, 1186a, 1254, 2245 (1994); Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of the Omnibus Appropriations Act of 1996 (H.R. 3610), Pub. L. No. 104-208, 110 Stat. 3009 [IIRAIRA].
246. 154 Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978; Violence Against Women Act of 1994, 8 U.S.C. §§ 1151, 1154, 1186a, 1254, 2245 (1994); Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of the Omnibus Appropriations Act of 1996 (H.R. 3610), Pub. L. No. 104-208, 110 Stat. 3009 [IIRAIRA].
247. 154 Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978; Violence Against Women Act of 1994, 8 U.S.C. §§ 1151, 1154, 1186a, 1254, 2245 (1994); Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of the Omnibus Appropriations Act of 1996 (H.R. 3610), Pub. L. No. 104-208, 110 Stat. 3009 [IIRAIRA].
248. 155 The immigrant spouse must meet various statutory requirements in order to obtain permanent residence. For a discussion of these requirements and the process, see Ira J. Kurzban, Kurzban's Immigration Law Sourcebook 509-90 (6th ed. 1998).
249. 156 IMFA, supra note 153. See also Ghaly v. INS, 48 F.3d 1426 (7th Cir. 1995).
250. 157 IMFA, supra note 153, Legislative History at H.R. Rep. No. 906, 99th Cong., 2d Sess. (on H.R. 3737), reprinted in part in 1986 U.S. Code & Admin. News 5978-86; Sen. Rep. No. 99-491 (Sept. 26, 1986) (on S. 2270).
251. 157 IMFA, supra note 153, Legislative History at H.R. Rep. No. 906, 99th Cong., 2d Sess. (on H.R. 3737), reprinted in part in 1986 U.S. Code & Admin. News 5978-86; Sen. Rep. No. 99-491 (Sept. 26, 1986) (on S. 2270).
252. 158 8 U.S.C. § 1186a (West Supp. 1998).
253. 159 8 C.F.R. § 216.4 (1998).
254. 160 8 U.S.C. § 1186a; 8 C.F.R. § 216.5 (1998).
255. 161 Deeana Jang et al., Domestic Violence in the Immigrant Refugee Community: Responding to the Needs of Immigrant Women, 13 Response 2 (1990).
256. 162 Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978.
257. 163 Violence Against Women Act of 1994, 8 U.S.C. §§ 1151, 1154, 1186a, 1254, 2245 (1994) [VAWA].
258. 164 These terms include "being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury." 8 C.F.R. § 204.2(c)(1)(vi) (1998). Acts of violence include "[p]sychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor) ... forced prostitution [and] other abusive actions ... that, in and of themselves, may not initially appear violent but that are part of an overall pattern of violence." Id. Acts of violence against another person or thing also may be encompassed within these terms if those acts are "deliberately used to perpetrate extreme cruelty against the self-petitioner or the self-petitioning spouse's child." 61 Fed. Reg. 13065 (Mar. 26, 1996) (preamble). The abuse may be documented by "any credible evidence," including "reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel." 8 C.F.R. § 204.2(c)(2)(iv) (1998).
259. 165 See supra note 156.
260. 166 For a discussion of what constitutes "good moral character" within the meaning of immigration law, see Robert E. Hopper, Virtual Virtue: Statutory and Discretionary Factors Governing Moral Character Determinations, II 1995-96 Immigration & Nationality Law Handbook 30.
261. 167 8 U.S.C. § 1154(a)(I)(A)(iii)(II) (Supp. 1998). For a review of how courts have construed "extreme hardship" in the nonabuse context, which remains relevant to abuse-related determinations, see INS v. Wang, 450 U.S. 139 (1981); Hernandez-Cordero v. INS, 819 F.2d 858 (5th Cir. 1987) (en banc); In re Anderson, 16 I. & N. Dec. 596 (BIA 1978).
262. 167 8 U.S.C. § 1154(a)(I)(A)(iii)(II) (Supp. 1998). For a review of how courts have construed "extreme hardship" in the nonabuse context, which remains relevant to abuse-related determinations, see INS v. Wang, 450 U.S. 139 (1981); Hernandez-Cordero v. INS, 819 F.2d 858 (5th Cir. 1987) (en banc); In re Anderson, 16 I. & N. Dec. 596 (BIA 1978).
263. 167 8 U.S.C. § 1154(a)(I)(A)(iii)(II) (Supp. 1998). For a review of how courts have construed "extreme hardship" in the nonabuse context, which remains relevant to abuse-related determinations, see INS v. Wang, 450 U.S. 139 (1981); Hernandez-Cordero v. INS, 819 F.2d 858 (5th Cir. 1987) (en banc); In re Anderson, 16 I. & N. Dec. 596 (BIA 1978).
264. 168 Pub. L. No. 105-100, Title II, 240(b) (Nov. 19, 1997), 8 U.S.C. § 1229b(b)(1).
265. 169 Id.
266. 170 8 U.S.C. § 1229b(b)(2)(A).
267. 171 Id. § 1229b(b)(2)(B).
268. 172 Id. § 1229b(b)(2)(C).
269. 173 Id. § 1229b(b)(2)(E). For a discussion of what constitutes extreme hardship in the context of nonpartner violence suspension of deportation cases, see In re Pilch, Int. Dec. 3298 (BIA Dec. 3, 1996); In re L-O-G-, Int. Dec. 3281 (BIA June 14, 1996); In re O-J-O-, Int. Dec. 3280 (BIA June 14, 1996).
270. 173 Id. § 1229b(b)(2)(E). For a discussion of what constitutes extreme hardship in the context of nonpartner violence suspension of deportation cases, see In re Pilch, Int. Dec. 3298 (BIA Dec. 3, 1996); In re L-O-G-, Int. Dec. 3281 (BIA June 14, 1996); In re O-J-O-, Int. Dec. 3280 (BIA June 14, 1996).
271. 173 Id. § 1229b(b)(2)(E). For a discussion of what constitutes extreme hardship in the context of nonpartner violence suspension of deportation cases, see In re Pilch, Int. Dec. 3298 (BIA Dec. 3, 1996); In re L-O-G-, Int. Dec. 3281 (BIA June 14, 1996); In re O-J-O-, Int. Dec. 3280 (BIA June 14, 1996).
272. 174 8 C.F.R. § 204.2(c)(1)(iii), (c)(2)(ii) (1998).
273. 175 For an individual to be considered a refugee or asylee, the individual must establish that: (1) he or she has a fear of persecution; (2) the fear is "well-founded;" (3) the persecution is based on the individual's race, religion, nationality, membership in a particular social group, or political opinion; and (4) he or she is unwilling or unable to return to his or her country of nationality or last habitual residence due to the persecution or the well-founded fear of persecution. INS v. Cardoza-Fonseca, 480 U.S. 421 (1987); In re Mogharrabi, 19 I. & N. Dec. 349 (BIA 1987); In re Acosta, 19 I. & N. Dec. 211 (BIA 1985).
274. 176 In re A and Z, A72 190 893, A72 793 219 (Dec. 20, 1994) (Arlington).
275. 177 Traditional female genital surgery is also known as female genital mutilation. For a brief description of the practice, see supra note 121. See also Marlene Faust et al., African Health, in Handbook of Immigrant Health 329, 342-43 (Sana Loue ed. 1998).
276. 178 In re M and K, A72 374 558 (Aug. 9, 1995) (Arlington) (Nejelski, IJ). For examples of successful asylum claims founded on intimate partner violence, see In re Sharmin, A73 556 833 (Sept. 27, 1996) (New York) (Bukszpan, IJ); In re A-P-, A 73 753 922 (Sept. 20, 1996) (San Francisco) (Schooley Yam, IJ). The violence suffered in such cases is often severe. The court in Matter of A-P, supra, described the abuse suffered by the Guatemalan woman, wife of a former soldier, in detail: He beat her often, and at many occasions, inflicting severe injury. He dislocated her jaw, nearly pushed out her eye, tried to cut off her hands with his machete, kicked her in the abdomen and vagina, and tried to force her to abort when she was pregnant with the second child by severely kicking her in the spine. He would drag her by her hair, use her head to break windows and mirrors, whip her with pistols and electrical cords, and threaten her with knives.... A-P-testified that she was severely sexually assaulted by her husband, both vaginally and anally, almost on a daily basis.... The sexual abuse injured A-P-, causing extensive hemorrhaging, excruciating abdominal pain, and disease. Id. at 3-4.
277. 179 See supra notes 3 and 6 and accompanying text.
278. 180 E.g., S.C. Code Ann. § 16-25-10 (Law. Co-op. 1998). The statute provides: "[H]ousehold member" means spouses, former spouses, parents and children, persons relaled hy consanguinity or affinity within the second degree, persons who have a child in common, and a male and a female who are cohabiting or formerly have cohabited.
279. 181 E.g., Cal. Penal Code § 273.5 (West 1988 & Supp. 1999); People v. Silva, 33 Cal. Rptr. 2d 181 (Cal. App. 1994). See People v. Holifield, 252 Cal. Rptr. 729 (Cal. App. 1988). Compare the interpretation of the California penal statute pertaining to the willful infliction of corporal injury with that of Ohio's domestic violence statute. The Ohio statute encompasses "family or household members," including "persons living as a spouse," defined as "a person who is living or has lived with the offender, or who otherwise has cohabited with the offender within one year prior to the date of the alleged commission of the act in question." Ohio Rev. Code Ann. § 2919.25 (Banks-Baldwin 1997). The courts generally have interpreted the provision, however, to apply to persons living in a same-sex relationship, as well as those living in an opposite-sex relationship. E.g., State v. Hadinger, 573 N.E.2d 1191 (Ohio App. 1991); State v. Linner, 665 N.E.2d 1180 (Ohio Mun. 1996); State v. Yaden, Cause No. C-960483, 1997 W.L. 106343 (1st Dist. Ct. App., Hamilton, Mar. 5, 1997); State v. Williams, Cause No. C-950530, 1996 W.L. 107574 (1st Dist. Ct. App., Hamilton, Mar. 13, 1996).
280. 182 E.g., Alaska Stat. §§ 18.66.100, 18.66.110 (1996); Idaho Code § 39-6308 (1998).
281. 182 E.g., Alaska Stat. §§ 18.66.100, 18.66.110 (1996); Idaho Code § 39-6308 (1998).
282. 183 E.g., Fla. Stat. Ann. § 741.29(1) (West 1997 & Supp. 1999); Idaho Code § 39-6316 (1998).
283. 184 Fla. Stat. Ann. § 741.29(1) (West 1997 & Supp. 1999).
284. 185 Compare Md. Code Ann. Fam. Law § 4-501 (1998) with N.H. Rev. Stat. Ann. § 173-B:1 (1994). The Maryland statute protects only "cohabitants" who have "had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition." In contrast, the New Hampshire statute covers "intimate partners," defined as "persons currently or formerly involved in a romantic relationship, whether or not such relationship was ever sexually consummated." See also Colo. Rev. Stat. § 12-36-135 (1997) (statute requiring physicians to report violent injuries encompasses injuries to those who are or who have been in an "intimate relationship" ).
285. 186 E.g., Idaho Code § 18-918 (1997 & Supp. 1998).
286. 187 E.g., Md. Code Ann. Fam. Law § 4-501 (1998); Ark. Code Ann. § 5-26-302 (1997) (criminal offense); Iowa Code Ann. § 236.2 (West 1998).
287. 187 E.g., Md. Code Ann. Fam. Law § 4-501 (1998); Ark. Code Ann. § 5-26-302 (1997) (criminal offense); Iowa Code Ann. § 236.2 (West 1998).
288. 187 E.g., Md. Code Ann. Fam. Law § 4-501 (1998); Ark. Code Ann. § 5-26-302 (1997) (criminal offense); Iowa Code Ann. § 236.2 (West 1998).
289. 188 For examples of statutes providing protection for those in dating and/or engagement relationships, see Mass. Gen. Laws Ann. ch. 209A, § 1 (1998); N.M. Stat. Ann. § 40-13-2 (Michie 1994) (statute covers those in a "continuing personal relationship"). A New Jersey court specifically found that the legislative intent underlying the state's Prevention of Domestic Violence Act mandated a liberal construction in order to protect victims of violence where the violence occurred in a "family or family-like setting." Accordingly, the court construed a "household member" as used in the Act to require "more than a casual dating relationship but less than the parties residing together." Desiato v. Abbott, 617 A.2d 678, 680 (N.J. Super. 1992). The court enumerated five factors to be considered in determining whether a relationship was consistent with this construction: (1) the constancy of the relationship; (2) overnight stays at each other's residences; (3) the storage of personal items at each other's residences; (4) shared property arrangements; and (5) familiarity with each other's families. Id. at 680-81. But see State v. Kellogg, 542 N.W.2d 514 (Iowa 1996) (court enumerated six factors to be considered in determining whether parties "cohabited" within meaning of protection statute and questioned whether parties could cohabit, even if living together, following cessation of sexual component of relationship).
290. 189 For an example of one of the few state statutes to require that the advisory be made available in any language other than English, see Fla. Stat. Ann. § 741.29 (West 1997 & Supp. 1999).
291. 190 For an example of a mandatory cooling off period, see Haw. Rev. Stat. § 709-906 (1993 & Supp. 1997).
292. 191 California prohibits a health care plan service from denying, refusing to enroll, refusing to renew, cancelling, restricting, or otherwise terminating, excluding, or limiting coverage, or increasing the rate for insurance of an individual on the grounds that he or she is or has been a victim of domestic violence. Cal. Health & Safety Code § 1374.75 (1999).
293. 192 Loretta J. Stalans & Arthur J. Lurigio, Public Preferences for the Court's Handling of Domestic Violence Situations, 41 Crime Delinq. 399 (1995). The California Committee on Gender Bias in the Courts specifically found that "police officers, district and city attorneys, court personnel, mediators, and judges - the justice system - treated the victims of domestic violence as though their complaints were trivial, exaggerated, or somehow their own fault." Welling et al., Achieving Equal Justice for Women and Men in the Courts, Draft Report of the Judicial Council Advisory Committee on Gender Bias in the Courts, § 6, at 5 (1990).
294. 192 Loretta J. Stalans & Arthur J. Lurigio, Public Preferences for the Court's Handling of Domestic Violence Situations, 41 Crime Delinq. 399 (1995). The California Committee on Gender Bias in the Courts specifically found that "police officers, district and city attorneys, court personnel, mediators, and judges - the justice system - treated the victims of domestic violence as though their complaints were trivial, exaggerated, or somehow their own fault." Welling et al., Achieving Equal Justice for Women and Men in the Courts, Draft Report of the Judicial Council Advisory Committee on Gender Bias in the Courts, § 6, at 5 (1990).
295. 193 See generally Mildred D. Pagelow, Justice for Victims of Spouse Abuse in Divorce and Child Custody Cases, 8 Violence Victims 69 (1993).
296. 194 State v. Stewart, 763 P.2d 572 (Kan. 1988).
297. 195 See supra notes 128-45 and accompanying text. See also Richard A. Berk et al., Cops on Call: Summoning the Police to the Scene of Spousal Violence, 18 L. Soc. Rev. 479 (1984) (battered wives less likely to call for police assistance than women who are not married to their assailants).
298. 196 Barbara Hart, Beyond the "Duty to Warn": A Therapist's "Duty to Protect" Battered Women and Children, in Feminist Perspectives, supra note 133, at 234.
299. 197 Carol S. Bruch, And How Are the Children? The Effects of Ideology and Mediation on Child Custody Law and Children's Well-Being in the United States, 2 Int'l J.L. Fam. 106 (1988); Robert Geffner & Mildred Daley Pagelow, Mediation and Child Custody Issues in Abusive Relationships, 8 Behav. Sci. L. 151 (1990); Judith S. Wallerstein & Joan B. Kelly, Surviving the Breakup: How Children and Parents Cope with Divorce (1990).
300. 197 Carol S. Bruch, And How Are the Children? The Effects of Ideology and Mediation on Child Custody Law and Children's Well-Being in the United States, 2 Int'l J.L. Fam. 106 (1988); Robert Geffner & Mildred Daley Pagelow, Mediation and Child Custody Issues in Abusive Relationships, 8 Behav. Sci. L. 151 (1990); Judith S. Wallerstein & Joan B. Kelly, Surviving the Breakup: How Children and Parents Cope with Divorce (1990).
301. 197 Carol S. Bruch, And How Are the Children? The Effects of Ideology and Mediation on Child Custody Law and Children's Well-Being in the United States, 2 Int'l J.L. Fam. 106 (1988); Robert Geffner & Mildred Daley Pagelow, Mediation and Child Custody Issues in Abusive Relationships, 8 Behav. Sci. L. 151 (1990); Judith S. Wallerstein & Joan B. Kelly, Surviving the Breakup: How Children and Parents Cope with Divorce (1990).
302. 198 Geffner & Pagelow, supra note 197; Pagelow, supra note 193, at 74. Geffner and Pagelow have advised that "[j]oint custody [not] be recommended when there is a history of abuse and intimidation because the power and control issues will be perpetuated." Geffner & Pagelow, supra note 197, at 155.
303. 198 Geffner & Pagelow, supra note 197; Pagelow, supra note 193, at 74. Geffner and Pagelow have advised that "[j]oint custody [not] be recommended when there is a history of abuse and intimidation because the power and control issues will be perpetuated." Geffner & Pagelow, supra note 197, at 155.
304. 199 See generally Pagelow, supra note 193, at 76.
305. 200 The court in Stewart stated, for instance, as follows: The traditional concept of self-defense posited one-time conflicts between persons of somewhat equal size and strength. When the defendant claiming self-defense is a victim of long-term domestic violence, such as a battered spouse, such traditional concepts may not apply. Because of the prior history of abuse, and the difference in strength and size between the abused and the abuser, the accused in some cases may choose to defend during a momentary lull in the abuse, rather than during a conflict. Stewart, 763 P.2d at 577.
306. 201 Supra note 194. See generally Roberta K. Thyfault, Legal Issues in the Assessment of Family Violence Involving Adults, in Assessment of Family Violence: A Clinical and Legal Sourcebook 71-84 (Robert T. Ammerman & Michel Hersen eds. 1992).
307. 202 E.g., State v. Norman, 378 S.E.2d 8 (N.C. 1989); State v. Kelly, 478 A.2d 364 (N.J. 1984); People v. Aris, 264 Cal. Rptr. 167 (Cal. App. 1989).
308. 202 E.g., State v. Norman, 378 S.E.2d 8 (N.C. 1989); State v. Kelly, 478 A.2d 364 (N.J. 1984); People v. Aris, 264 Cal. Rptr. 167 (Cal. App. 1989).
309. 202 E.g., State v. Norman, 378 S.E.2d 8 (N.C. 1989); State v. Kelly, 478 A.2d 364 (N.J. 1984); People v. Aris, 264 Cal. Rptr. 167 (Cal. App. 1989).
310. 203 See, e.g., Del Martin, Battered Wives 92 (1981); Murray A. Straits et al., Behind Closed Doors: Violence in the American Family 232 (1980).
311. 203 See, e.g., Del Martin, Battered Wives 92 (1981); Murray A. Straits et al., Behind Closed Doors: Violence in the American Family 232 (1980).
312. 204 Straus et al., supra note 203, at 232.
313. 205 The 1975 Training Bulletin on Techniques of Dispute Intervention for the Oakland Police Department described the police role as more often that of a mediator and peacemaker than enforcer of the law ... [the] possibility that ... arrest will only aggravate the dispute or create a serious danger for the arresting officers due to possible efforts to resist arrest ... is most likely when a husband or father is arrested in his home.... Normally, officers should adhere to the policy that arrests shall be avoided ... but when one of the parties demands arrest, you should attempt to explain the ramifications of such action (e.g., loss of wages, bail procedures, court appearances) and encourage the parties to reason with each other.
314. 206 See, e.g., Complaint, Bruno v. Codd, 396 N.Y.S.2d 974 (Sup. Ct. 1977), cited in Joan Zorza, The Criminal Law of Misdemeanor Domestic Violence, 1970-1990, 83 J. Crim. L. Criminology 46, 58 (1992).
315. 207 E.g., Thurman v. City of Torrington, Connecticut, 595 F. Supp. 1521 (D. Conn. 1984); Bruno, 396 N.Y.S.2d at 974; Scott v. Hart, Cause No. C-76-2395 (N.D. Cal., filed Oct. 28, 1976). See Balistreri v. Pacifica Police Dep't, 855 F.2d 1421 (9th Cir. 1988) (court found special relationship between abuse victim and police based on police knowledge of existing restraining order and notice of repeated abusive incidents).
316. 208 Ronet Bachman & Ann L. Coker, Police Involvement in Domestic Violence: The Interactive Effects of Victim Injury, Offenders' History of Violence, and Race, 10 Violence Victims 91 (1995).
317. 209 Eve S. Buzawa & Thomas Austin, Determining Police Response to Domestic Violence Victims: The Role of Victim Preference, 36 Am. Behav. Scientist 610 (1993).
318. 210 Daniel G. Saunders, The Tendency to Arrest Victims of Domestic Violence: A Preliminary Analysis of Officer Characteristics, 10 J. Interpersonal Violence 147 (1995). This study was conducted prior to the adoption of mandatory arrest policies. The results are premised on officer responses to two vignettes. In the first, the woman has been injured and claims that the husband was drunk, whereas the husband claims that his wife is lying. The second vignette portrays an officer arriving at the scene of a domestic dispute in which the wife has been beaten and the married couple continues to argue in front of the officer. Id. at 150.
319. 211 Bachman & Coker, supra note 208.
320. 212 Lawrence W. Sherman & Richard A. Berk, The Minneapolis Domestic Violence Experiment (1984).
321. 213 Lawrence W. Sherman et al., The Variable Effects of Arrest on Criminal Careers: The Milwaukee Domestic Violence Experiment, 83 J. Crim. L. Criminology 137 (1992); David Hirschel & Ira W. Hutchison, Female Spouse Abuse and the Police Response: The Charlotte, North Carolina Experiment, 83 J. Crim. L. Criminology 73 (1992). See also Richard M. Tolman & Arlene Weisz, Coordinated Community Intervention for Domestic Violence: The Effects of Arrest and Prosecution on Recidivism of Woman Abuse Pepetrators, 41 Crim. Delinquency 481 (1995).
322. 213 Lawrence W. Sherman et al., The Variable Effects of Arrest on Criminal Careers: The Milwaukee Domestic Violence Experiment, 83 J. Crim. L. Criminology 137 (1992); David Hirschel & Ira W. Hutchison, Female Spouse Abuse and the Police Response: The Charlotte, North Carolina Experiment, 83 J. Crim. L. Criminology 73 (1992). See also Richard M. Tolman & Arlene Weisz, Coordinated Community Intervention for Domestic Violence: The Effects of Arrest and Prosecution on Recidivism of Woman Abuse Pepetrators, 41 Crim. Delinquency 481 (1995).
323. 213 Lawrence W. Sherman et al., The Variable Effects of Arrest on Criminal Careers: The Milwaukee Domestic Violence Experiment, 83 J. Crim. L. Criminology 137 (1992); David Hirschel & Ira W. Hutchison, Female Spouse Abuse and the Police Response: The Charlotte, North Carolina Experiment, 83 J. Crim. L. Criminology 73 (1992). See also Richard M. Tolman & Arlene Weisz, Coordinated Community Intervention for Domestic Violence: The Effects of Arrest and Prosecution on Recidivism of Woman Abuse Pepetrators, 41 Crim. Delinquency 481 (1995).
324. 214 Sherman et al., supra note 213; Hirschel & Hutchison, supra note 213.
325. 215 Lawrence W. Sherman et al., Crime, Punishment, and Stake in Conformity: Legal and Informal Control of Domestic Violence, 57 Am. Soc'y Rev. 680 (1992). For a discussion of the conflicting results, see generally Ira W. Hutchison et al., Family Violence and Police Utilization, 9 Violence Victims 299, 302-03 (1994); Janell D. Schmidt & Lawrence W. Sherman, Does Arrest Deter Domestic Violence?, 36 Am. Behav. Scientist 601 (1993).
326. 215 Lawrence W. Sherman et al., Crime, Punishment, and Stake in Conformity: Legal and Informal Control of Domestic Violence, 57 Am. Soc'y Rev. 680 (1992). For a discussion of the conflicting results, see generally Ira W. Hutchison et al., Family Violence and Police Utilization, 9 Violence Victims 299, 302-03 (1994); Janell D. Schmidt & Lawrence W. Sherman, Does Arrest Deter Domestic Violence?, 36 Am. Behav. Scientist 601 (1993).
327. 215 Lawrence W. Sherman et al., Crime, Punishment, and Stake in Conformity: Legal and Informal Control of Domestic Violence, 57 Am. Soc'y Rev. 680 (1992). For a discussion of the conflicting results, see generally Ira W. Hutchison et al., Family Violence and Police Utilization, 9 Violence Victims 299, 302-03 (1994); Janell D. Schmidt & Lawrence W. Sherman, Does Arrest Deter Domestic Violence?, 36 Am. Behav. Scientist 601 (1993).
328. 216 See, e.g., supra notes 189-91 and accompanying text.
329. 217 Campbell, supra note 54.
330. 218 For a review of court-mandated treatment programs for batterers and the effectiveness of such programs, see generally Understanding Violence Against Women 130-41 (Nancy A. Crowell & Ann Wolbert Burgess eds. 1996).
331. 219 R. Emerson Dobash & Russel Dobash, Social Work and Social Action: The Case of Wifebattering, 2 J. Fam. Issues 439, 444 (1981).