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battered spouse

ID
142

Hollander v. United States

A group of husbands filed suit against the United States and other U.S. officials, challenging the validity of the Violence Against Women Act (VAWA). In particular, they were challenging the portion that permitted aliens who had been battered or subjected to extreme cruelty by their spouses to self-petition for legal permanent resident status. The plaintiffs claimed this created an incentive for their wives and ex-wives to file false police complaints and false applications for temporary restraining orders against them.

State v. Goff, 128 Ohio St.3d 169 (2010)

In State v. Goff, 128 Ohio St.3d 169 (2010), the defendant shot and killed her estranged husband and intended to assert battered woman syndrome as part of her defense. The trial court ordered her to undergo a psychological examination by a state expert. The Supreme Court of Ohio held that such an order does not violate a defendant’s right against self-incrimination when the defendant raises battered woman syndrome, provided that the evaluation is strictly confined to that issue and to whether the syndrome affected the defendant’s actions.

State v. Hickson, 630 So. 2d 172 (1993)

After stabbing her husband in self-defense, Hickson was charged with second-degree murder. As a defense, Hickson sought to admit evidence that she suffered from battered-spouse syndrome. The Court held that expert testimony concerning the battered-spouse syndrome was admissible. The expert was permitted to testify about the syndrome in general or to answer hypothetical questions based on facts in evidence.

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