Chapter 5
The Law and Judicial Aspects

The Legal Protection of Victims

Every state has some form of legislation in order to offer protection to victims of domestic violence. Some states have even placed additional duties on the police, requiring them to make arrests in certain cases. They may be required to accompany women to their homes to collect children and belongings and inform the abuser of  legal rights. Despite the increased interest in domestic violence and the enhanced availability of legal remedies, compliance or enforcement of the laws is often less than ideal. Physicians should be aware of state laws and of the services available in their community.

Legal remedies available to domestic violence victims vary from state to state and these laws are ever changing. Advocacy programs often can explain to women the legal options that are available, and can help them access the legal system. The most common civil action in domestic violence cases is a protective order, injunction, or restraining order, which is a court order that directs the batterer to stop abusing the victim.

Court Testimonies

Medical Records as Evidence

Well-documented medical records are essential. If the medical record and testimony at a trial are in conflict, the medical record may be considered more credible. Records should  include the following:

v      Chief complaint and description of the abusive event, using the patient’s own words whenever possible rather than the physicians’ assessment. "My husband hit me with a bat" is preferable to "Patient has been abused."

v      Complete medical history

v      Relevant social history

v      A detailed description of the injuries

v      Results of all pertinent laboratory and other diagnostic procedures

v      Body maps, which document the extent and location of the injuries

v      Color photographs and imaging studies, if applicable

v      Clearly Legible Handwriting. Too often, doctors' or nurses' poor handwriting on medical records makes the documentation inadmissible as evidence.

For medical records to be admissible in court the doctor should be prepared to testify:

v      That the records were made during the "regular course of business" at the time of the examination or interview

v      That the records were made in accordance with routinely followed procedures

v      That the records have been properly stored and their access limited to professional staff

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