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Abstract

Abused wives have often times been victims of neglect by legal authorities due to the long-held belief that the criminal law system should not intrude into family problems. Unfortunately, this attitude ignores the seriousness and extent of spousal violence. This paper first examines traditional legal thought with regards to violence in the family. It is then argued that drafting new laws may help to protect the battered wife, but other considerations such as enforcement and community support must be addressed if law is to provide effective remedies. Remedies other than criminal ones, should be pursued exhaustively in the attempt to achieve a permanent, long-term solution. A balanced approach is urged where spouse violence is treated as a serious law enforcement problem, but not where every interaction is subject to criminal sanction.

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