#using the law

[1-crazy-dreamer]

"Color me impressed" | Walker appreciation post.

[shitiamreading]

Again, as the law is essentially patriarchal, going the legal route can be dicey. Although the law does not officially condone beating, misogynous attitudes, sloppy practices, and lack of enforcement continue to make this route precarious. [...] These problems notwithstanding going the legal route is a way of publicly standing up for self. Pressure from the feminist community moreover has led to somewhat better education of police officers on the issue of partner abuse. Where appropriate, we can legitimately encourage women to consider the legal route as long as we are clear about the very real limitations.

Points to keep in mind when trying to help women who are considering or actually pursuing a legal route include the following:

Women need to be aware of their rights, of legal process, and of other official procedures. Battered and traumatized women in particular need readable copies of rights and process literature that they can consult as needed.

Role plays involving standing up for these rights can be helpful.

Women need to be aware of the common shortcomings of the legal system. They may need help making decisions in light of these shortcomings and figuring out how to handle different unfavorable responses or outcomes.

In the long run, spending months or years in jail may make an abuser angrier, vengeful, and more abusive. Where reasonably safe and feasible, accordingly, other routes should be considered.

Police may offer to do mediation work themselves, but it is usually unwise for women to accept this as a solution. Police receive insufficient education in mediation generally and partner mediation in particular. They do not understand the deep psychological or interactive dynamics involved and come to premature resolution. They do not understand misogyny or the nature of romantic love. And they mediate in the precarious situation of cohabitation. An agreement today is, tragically, easily followed by a broken limb tomorrow.

Where women are considering going to court, an important resource for us to supply is a list of lawyers who are feminist. sensitive. knowledgeable in the area, and who accept legal aid.

Women need a friendly face in the courtroom, support before going, and support after returning.

Prior to any court case, it is helpful if the woman is shown the actual courtroom and is given a run-down of what is going to happen.

Burstow, B 1992, Radical Feminist Therapy: Working in the Context of Violence, SAGE Publications, Thousand Oaks. pp. 163-165