1. Roberta Valente, Domestic Violence and the Law, in The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook, 1-3 (ABA, Goelman et. al., eds., 1996).

2. Mary Ann Dutton, The Dynamics of Domestic Violence: Understanding the Response from Battered Women, 68(9) Fla. B.J. 24 (1994).

3. Lawyers and Psychologists Question Abusers' Ability to Parent, ABA News Release, April 23, 1997 (survey of nearly 900 leading divorce attorneys and psychologists at the ABA Section of Family Law/APA educational conference).

4. David Finkelhor et al., U.S. Dep't of Justice, Missing, Abducted, Runaway, and Thrownaway Children in America 6 (1990).

5. In the District of Columbia, one quarter of all misdemeanors are related to domestic violence, and at the end of June 1997, there were 1113 such cases pending. Telephone conversation with Robert Spagnoletti, Assistant United States Attorney, Director, Domestic Violence Unit, Washington, D.C. (July 22, 1997). See also Linda Dakis & Lauren Lazarus, Attacking the Crime of Domestic Violence, 19(4) Fam. Advoc. 46 (1997) (reporting that in Dade County there were approximately 7000 misdemeanors involving domestic violence in 1996).

6. See, e.g., Sarah M. Buel, Prosecution, in The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook 7-1 (ABA, Goelman et al. eds., 1996).

7. Leslye E. Orloff et al., With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women, 29(2) Fam. L. Q. 313, 325 (1995). For information on how recent changes in immigration and welfare law affect battered immigrants, contact Ayuda, Inc. at 202/387-0434.

8. See generally, The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook (ABA, Goelman et al. eds., 1996).

9. Model Rules of Professional Conduct, Rule 6.1 (1995).

10. Id.

11. Telephone conversation with Christopher L. Griffin, Co-Chair of the ABA Commission on Domestic Violence (July 25, 1997).

12. See, e.g., Kathleen Waits, Battered Women and Family Lawyers: The Need for An Identification Protocol, 58 Alb. L. R. 1027, 1036 n. 39 (1995).

13. American Bar Association, Recommendation 120 (enacted by the ABA House of Delegates in August, 1996) (recommending affirmative steps be taken to educate judges and lawyers about the effects of domestic violence).

14. Nearly thirty percent of all female homicide victims were known to have been killed by their current or former husbands or boyfriends, and the rate of intimate partner violence against women separated from their husbands was twenty-five times higher than that against married women. Ronet Bachman & Linda E. Saltzman, U.S. Dep't of Justice, Nat'l Crime Victimization Survey, Violence Against Women: Estimates from the Redesigned Survey 1, 4 (1995).

15. See infra Safety Plan at A-2.

16. Peter G. Jaffe et al., Children of Battered Women 26 (1990).

17. The Family Violence Project of the National Council of Juvenile and Family Court Judges, Family Violence in Child Custody Statutes: An Analysis of State Codes and Legal Practice, 29(2) Fam. L. Q. 197, 199 (1995).

18. Employers often prefer to hire law school graduates who have had clinical experience in law school because they have learned how to act in court. Statement of Marna S. Tucker, Co-Chair of ABA Commission on Domestic Violence, July 13, 1995.

19. The Domestic Violence Clinic at the University of Texas was oversubscribed during its first year, receiving applications from more than 40 students, including 16 students from other Texas law schools who were willing to transfer schools for a semester to participate in the program. The clinic accepts only 8 students each semester. Telephone conversation with Sarah Buel, Director, Domestic Violence Clinic (July 23, 1997). Similarly, the Domestic Violence Advocacy Project at the George Washington University Law School received 42 applicants for 10 slots. Correspondence with Professor Joan Meier (August 22, 1997).

20. Counting Down for the Sixth Year in a Row, ABA Sec. Legal Educ. & Admissions to the Bar Syllabus 11 (Spring 1997) (observing that there has been an 8.4% decline in the number of applicants to law schools nationwide).

21. E.g., Boalt Hall School of Law (Domestic Violence Clinic, seminar); Columbia University (Prisoners and Families Clinic); Duke University Law School (Legal Interventions in Domestic Violence seminar); Harvard University (student-run Battered Women's Advocacy Program); New York University School of Law (Criminal Defense Clinic, student-run Battered Women's Project); Stanford University (Family Advocacy Clinic); University of Michigan (Poverty Law Clinic, Family Law Project, domestic violence seminar); University of Virginia (Family Law Clinic); Yale University School of Law (Temporary Restraining Order Project).

22. Telephone conversation with Laura Lane, Associate Director, Career Development, George Washington University Law School (July 21, 1997) (stating that employers highly recommend clinical experience, especially for small and medium-size firms); Telephone conversation with Richild Stewart, Assistant Director, Career Services, Georgetown University Law Center (July 21, 1997) (stating that employers who specialize in litigation practice or advocacy work are highly interested in students with clinical experience; private firms, public defenders, legal aid, and public sector agencies are also more likely to hire students with clinical skills).

23. Waits, supra note 12, at 1055, n. 142 (describing dynamics of silence when female law students are battered by male law students).

24. The Legal Aid Society, Zacchaeus Clinic, and Ayuda, Inc., a non-profit legal services organization serving battered immigrant clients, also provide representation but cannot meet the overwhelming need for services.

25. Catherine F. Klein & Leslye E. Orloff, Providing Legal Protection for Battered Women: An Analysis of State Statutes and Case Law, 21(4) Hofstra L. Rev. 801, 812 (1993).

26. V. Pualani Enos, Prosecuting Battered Mothers: State Laws' Failure to Protect Battered Women and Abused Children, 19 Harv. Women's L. J. 229, 233, 245 n. 104 (1996). See, e.g., Kim v. Kim, 208 Cal. App.3d 364 (1989).

27. Sarah Colson & Peter Finn, Nat'l Inst. of Justice, Civil Protection orders: Legislation, Current Court Practice and Enforcement 19 (1990).

28. Id.

29. The Family Violence Project of the National Council of Juvenile and Family Court Judges, supra note 17, at 223.

30. For example, students in Professor Nancy Lemon's clinic at Boalt Hall School of Law and Professor John Capowski's clinic at Widener University Law School have assisted in developing and drafting domestic violence legislation.

31. See, e.g., Lee S. Rosen, Zealous and Ethical Representation of Batterers, in The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook 2-25 (ABA, Goelman et al. eds., 1996).

32. Providing Hope and Help, Nat'l Domestic Violence Hotline's Newsletter, Spring 1997, at 1.

33. The San Diego Police Department, for example, has reported that the rate of domestic violence reports doubled between 1990 and 1996. Telephone Interview with Anne O'Dell, Retired Detective Sergeant, San Diego Police Department (June 14, 1996).

34. Ted R. Miller et al., Nat'l Inst. of Justice, U.S. Dept. of Justice, Victim Costs and Consequences: A New Look 18-19 (1996).

35. See, e.g., U.S. Dept. of Health & Human Services, A Nation's Shame: Fatal Child Abuse and Neglect in the United States (1995); Howard Davidson, The Impact of Domestic Violence on Children (ABA, 1994); Ending the Cycle of Violence: Community Responses to Children of Battered Women (Einat Peled et al. eds., 1995).

36. Bachman & Saltzman, supra note 14.

37. Julie Kunce Field, Visiting Danger: Keeping Battered Women and Their Children Safe, 30(3) Clearinghouse Rev. 295, 296 (1996). See also, Bonnie E. Rabin, Violence Against Mothers Equals Violence Against Children: Understanding the Connections, 58 Alb. L. Rev. 1109, 1117 (1995).

38. Lawyers should be aware that some victims of domestic violence may have the resources to pay for legal services. Additionally, many domestic violence cases raise excellent tort issues.

39. Bachman & Saltzman, supra note 14; Susan L. Keilitz, Paula L. Hannaford & Hillery S. Efkeman, Nat'l Center for State Courts Research Report, Civil Protection Orders: The Benefits and Limitations for Victims of Domestic Violence (1997).

40. See Power and Control Wheel produced by the Domestic Abuse Intervention Project, Duluth, MN.

41. See, e.g., Kim v. Kim, 208 Cal. App.3d 364 (1989).

42. Note that within protection order statutes or criminal codes, domestic violence may be defined as the commission of specific physical acts or threats against intimate partners or spouses.

43. Mary Ann Dutton, The Dynamics of Domestic Violence: Understanding the Response from Battered Women, 68(9) Fla. Bar J. 24 (1994).

44. The Duluth Domestic Violence Intervention Project developed a "Power and Control Wheel" to explain the variety of techniques that perpetrators use to control victims, including threats, physical violence, intimidation, use of children and financial abuse, among others.

45. David M. Zlotnik, Empowering the Battered Woman: The Use of Criminal Contempt Sanctions to Enforce Civil Protection Orders, 56 Ohio St. L. J. 1153, 1162-63, 1215 (1995); Kathleen Finley Duthu, Why Doesn't Anyone Talk About Gay and Lesbian Domestic Violence? 18 Thomas Jefferson L. Rev. 23, 24 (1996).

46. Bachman & Saltzman, supra note 14, at 4 (finding that women were about 6 times more likely than men to experience violence committed by an intimate).

47. Gerald T. Hotaling & David B. Sugarman, An Analysis of Risk Markers in Husband to Wife Violence: The Current State of Knowledge, 1(2) Violence and Victims 101, 106 (1986); Murray A. Straus, Behind Closed Doors: Violence in the American Family (1980).

48. See, e.g., David Adams, Identifying the Assaultive Husband in Court: You Be the Judge, Boston Bar J. 23 (Jul.-Aug. 1989).

49. Dutton, supra note 43, at 26.

50. Id.

51. Mary Ann Dutton, Post-Traumatic Stress Disorder Among Battered Women: Analysis of Legal Implications, 12 Behav. Sci. & the Law 215, 219 (1994).

52. Naomi Cahn & Joan S. Meier, Domestic Violence and Feminist Jurisprudence: Towards a New Agenda, 4 B.U. Pub. Int. L. J. 339 (1995) (discussing stereotypes of battered women).

53. Irene Anne Jillson & Bettina Scott, Violence, Women and Alcohol: Reducing the Risks, Redressing the Consequences, Dep't of Health & Human Services, Draft Report, Jan. 1996.

54. Do Arrest and Restraining Orders Work? (Eve S. Buzawa & Carl G. Buzawa, eds., 1996); Lawrence W. Sherman & Richard A. Berk, The Minneapolis Domestic Violence Experiment, Police Foundation Reports 1 (Apr. 1984); Joan Zorza, Must We Stop Arresting Batterers? Analysis and Policy Implications of New Police Domestic Violence Studies, 28 New Eng. L. Rev. 929 (1994).

55. Zorza, supra note 54, at 964. See also, Marion Wanless, Mandatory Arrest: A Step Toward Eradicating Domestic Violence, But Is It Enough?, 1996 U. Ill. L. Rev. 533, 569.

56. After domestic violence training was implemented in 1991 by the San Diego Police Department, the rate of domestic violence arrests increased, and the rate of domestic violence related homicides was drastically reduced by 59%. Telephone Interview with Anne O'Dell, Retired Detective Sergeant, San Diego Police Department (June 14, 1996).

57. Lee H. Bowker et al., On the Relationship Between Wife Beating and Child Abuse, in Feminist Perspectives on Wife Abuse 158, 159, 162 (Kerstii Yllo & Michelle Bograd eds., 1988).

58. Jaffe, supra note 16 at 28-29.

59. Hotaling & Sugarman, supra note 47.

60. The Third Report of the Governor's Task Force on Domestic and Sexual Violence 2 (Robin S. Hassler, ed., 1997).

61. More than 90% of lawyers and psychologists who attended a joint educational conference of the American Bar Association Section of Family Law and the American Psychological Association concurred that a person's ability to parent effectively is affected by whether or not he or she is a spousal batterer. Lawyers and Psychologists Question Abusers' Ability to Parent, ABA News Release, April 23, 1997.

62. The Family Violence Project of the National Council of Juvenile and Family Court Judges, supra note 17.

63. Adapted from Roberta L. Valente, Screening Guidelines, in The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook 2-1 (ABA, Goelman et al. eds., 1996), citing American Medical Association, Diagnostic and Treatment Guidelines on Domestic Violence (1992); See also Waits, supra note 12; Carol Warshaw, Identification, Assessment and Intervention with Victims of Domestic Violence, in Improving the Health Care Response to Domestic Violence: A Resource Manual for Health Care Providers 49 (Debbie Lee et al. eds., Family Violence Prevention Fund, 1995).

64. See Bachman & Saltzman, supra note 14, at 4.

65. Adapted from Barbara J. Hart & Jane Stuehling, Pennsylvania Coalition Against Domestic Violence, Personalized Safety Plan (1992) (available from 800/537-2238);

Office of the City Attorney, City of San Diego, California, Personalized Safety Plan (1990); Cambridge Police Department, Domestic Violence Safety Plan (available from 617/349-3370); Norfolk County District Attorney's Office, Massachusetts, Personal Safety Plan and Youth Safety Plan (1996).

66. United States v. Dixon, 509 U.S. 688 (1993).

67. Bachman & Saltzman, supra note 14 at 1.

68. Holly Maguigan, Battered Women and Self-Defense: Myths and Misconceptions in Current Reform Proposals, 140 U. Pa. L. Rev. 379 (1991).

69. Id.

70. 18 U.S.C. 2265-66 (1994).

71. Giovine v. Giovine, 663 A.2d 109 (N.J. Super. Ct. App. Div., 1995).

72. Leonard Karp & Cheryl Karp, Domestic Torts: Family Violence, Conflicts, and Sexual Abuse (1989 & 1996 Supp.); Fredrica Lehrman, Torts, in The Impact of Domestic Violence on Your Legal Practice 6-9 (ABA, Goelman et al. eds., 1996); Washington State Recognizes Tort For Damages Incurred During Relationship Marked by Domestic Violence, 28(5) Clearinghouse Rev. 539 (1994).

73. Susan A. Lynch, Real Property: Land Use and Zoning, in The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook 6-7 (ABA, Goelman et al. eds., 1996).

74. See, e.g., Marna S. Tucker, Separation and Divorce: Property and Financial Settlements or Court Awards, in The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook 4-9 (ABA, Goelman et al. eds., 1996).

75. Joni J. Berner & Margaret Klaw, Prenuptial Agreements, in The Impact of Domestic Violence on Your Legal Practice: A Lawyer's Handbook 6-1 (ABA, Goelman et al. eds., 1996).

76. Id.

77. Doe v. Doe, 929 F. Supp. 608 (D. Conn. 1996); Brzonkala v. Virginia Polytechnic and State Univ., 935 F. Supp. 779 (W.D. Va. 1996); Doe v. Hartz, 1997 WL 354832 (N.D. Iowa, June 23, 1997); Seaton v. Seaton, 1997 WL 391601 (E.D. Tenn., July 1, 1997); Anisimov v. Lake, 1997 WL 538718 (N.D. Ill., Aug. 27, 1997).

78. 514 U.S. 549 (1995).

79. In re Magid, 655 A.2d 916, 918 (N.J. 1995); In re Principato, 655 A.2d 920, 921 (N.J. 1995).

80. See Appendix.

81. Please note that throughout this report, the terms "seminars" and "upper-level courses" are used interchangeably to refer to non-first year, elective courses, which may vary in size or structure.

82. This brief summary has been gathered from discussions during the Educating to End Domestic Violence meeting of experts on December 9-10, 1996, and from course materials submitted by professors across the country.

83. Elizabeth M. Schneider, Violence Against Women and Legal Education: An Essay for Mary Joe Frug, 26 New Eng. L. Rev. 843, 853 (1992).

84. Id. at 848.

85. ABA News Release, supra note 3; Waits, supra note 12, at 1028.

86. Bachman & Saltzman, supra note 14.

87. Experts suggest that "battered women's syndrome" should be renamed as "the effects of battering on women" to avoid pathologizing survivors of domestic violence. See, e.g., Malcolm Gordon & Mary Ann Dutton, Validity of "Battered Women Syndrome" in Criminal Cases Involving Battered Women, in Nat'l Inst. Of Justice, The Validity and Use of Evidence Concerning Battering and its Effects in Criminal Trials 17 (May 1996).

88. Christopher L. Griffin & Marna S. Tucker, A Cry For Help: The Need For A Judicial Response To The Threat Of Domestic Violence, 36 Judges' Journal 22 (1997).

89. Orloff et al., supra note 7 at 315.

90. For further information on protection for battered immigrant victims, contact Ayuda, Inc. at 202-387-0434.

91. Orloff et al., supra note 7 at 316.

92. See, e.g., Jenny Rivera, Domestic Violence Against Latinas by Latino Males: An Analysis of Race, National Origin, and Gender Differentials, 14 B.C. Third World L.J. 231, 234 (1994).

93. Linda Ammons, Mules, Madonnas, Babies, Bathwater, Racial Imagery and Stereotypes: The African-American Woman and The Battered Woman Syndrome, 1995 Wisc. L. Rev. 1003 (1995); Evelyn C. White, Chain, Chain, Change, For Black Women in Abusive Relationships 23-26 (1994).

94. Ammons, supra note 93 at 1036; Kimberle Crenshaw, Cultural Battery, 25 U. Tol. L. Rev. 891 (1995); Kimberle Williams Crenshaw, Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color, 43 Stan. L. Rev. 1241 (1991).

95. Orloff, supra note 7; Holly Maguigan, Cultural Evidence and Male Violence: Are Feminist and Multiculturalist Reformers on a Collision Course in Criminal Courts?, 70 N.Y.U. L. Rev. 36 (1995); Alice J. Gallin, The Cultural Defense: Undermining the Policies Against Domestic Violence, 35 B.C. L. Rev. 723 (1994); Nilda Rimonte, A Question of Culture: Cultural Approval of Violence Against Women in the Pacific-Asian Community and the Cultural Defense, 43 Stan. L. Rev. 1311 (1991).

96. For example, the Asian Women's Shelter in San Francisco provides for a range of dietary traditions to meet the needs of clients, including stocking six different types of rice (short grain, long grain, sticky rice, basmati rice, etc.).

97. See generally, James W. Zion & Elsie B. Zion, Hozho' Sokee' - Stay Together Nicely: Domestic Violence Under Navajo Common Law, 25 Ariz. St. L. J. 407, 413 (1993).

98. See generally, Gloria Valencia-Weber & Christine P. Zuni, Domestic Violence and Tribal Protection of Indigenous Women in the United States, 69 St. John's L. Rev. 69 (1995).

99. See, e.g., Ammons, supra note 93; Beth Richie, Battered Black Women: A Challenge for the Black Community, The Black Scholar, Mar.-Apr. 1985, at 43.

100. See, e.g., Ruthann Robson, Lavender Bruises: Intralesbian Violence, Law and Lesbian Legal Theory, 20 Golden Gate U. L. Rev. 567, 581 (1990).

101. See, e.g., Beverly Horsburgh, Lifting the Veil of Secrecy: Domestic Violence in the Jewish Community, 18 Harv. Women's L. J. 171, 193 (1995).

102. National Center on Women and Family Law, Vulnerability of Disabled Women to Domestic Abuse, 12(4) The Women's Advocate (1991).

103. Many domestic violence clinics were created as a result of student interest and initiative. The Domestic Violence Clinic at the Boalt Hall School of Law was established after students conducted their own search and interview for a professor and a program; the Battered Women's Advocacy Project at Fordham University Law School was a result of student activities; and the SUNY-Buffalo Law School Domestic Violence Task Force was an extension of student volunteer projects which developed into a comprehensive domestic violence program.

104. The Domestic Violence Clinic at the University of Arizona Law School represents battered women defendants in criminal proceedings.

105. See Rosen, supra note 31.

106. For example, perpetrators may violate public housing rules to cause victims to be evicted; landlords may evict victims because of the noise or property damage arising from the abuse; if perpetrators fail to pay child support as promised, victims may be unable to afford rent payments.

107. As a means of control or retaliation, perpetrators may inform caseworkers falsely that victims are violating rules for receipt of public assistance.

108. A number of law schools surveyed reported that they have not created domestic violence clinics, but that students in every clinic address some cases involving domestic violence. While these reports confirm that victims of domestic violence require legal representation on a range of cases, law students may be more qualified to represent victims if they receive specific training on domestic violence legal issues.

109. See also, The Dollars and $ense of Domestic Violence Prevention: Saving Money, Saving Lives, An Employer's Guide (ABA, forthcoming October 1, 1997).

110. For a full description of this innovative program, see Joan S. Meier, Notes From the Underground: Integrating Psychological and Legal Perspectives on Domestic Violence in Theory and Practice, 21(4) Hofstra L. Rev. 1295 (1993).

111. Bradley A. Kukuk, Pro Se Project: Bridging the Gap Between Courts and Commoners, Maryland Lawyer: The Daily Record, Feb. 18, 1995 at 18 (describing the pro se project of the University of Baltimore and Maryland Law Schools).

112. As students begin to recognize the impact of domestic violence on varied fields of practice, however, upper-level domestic violence courses attract a more diverse student body -- including students interested in pursuing careers as prosecutors, defense counsel, and family lawyers. Correspondence with Professor Kathleen Waits, August 19, 1997.

113. Experts suggest that all lawyers need to recognize the risks of "vicarious traumatization" when working in the domestic violence field. See, e.g., Joan S. Meier, Notes from the Underground: Integrating Psychological and Legal Perspectives on Domestic Violence in Theory and Practice, 21(4) Hofstra L. Rev. 1295, 1351 (1993) (suggesting that counter-transference plays a role in attorney-client relationships).

114. See, e.g., Valparaiso University School of Law, Program Description (reporting that their domestic violence clinic, which assisted approximately 465 individuals during its four years of existence, was closed due to the termination of Legal Services and Department of Education funding).

115. See Northeastern University School of Law, Domestic Violence Program Summary.