Below are a few of the cases taken on under DV LEAP's Custody & Abuse Project.
Mrs. O v. Mr. O
AR Court of Appeals - 2009
DV LEAP submitted two amicus briefs and worked with the pro bono lawyers representing the mother in this case, in which the trial court awarded sole custody to an abusive father on the grounds that the mother had committed "Parental Alienation Syndrome" (PAS). -more
Mrs. R. v. Mr. R
TN Court of Appeals - 2009
This Tennessee appeal represents the all-too common phenomenon of battered women losing custody of their children to their abusers. DVLEAP and their pro bono counsel Crowell and Moring filed an amicus brief on behalf of several domestic violence organizations in support of the mother's appeal and argued that the trial court's decision to award full custody to the father, despite an admitted history of physical abuse against the mother, reflected a profound misunderstanding of domestic violence and its consequences to children, as well as an alarming misinterpretation of the Tennessee Code provisions that were enacted to protect victims of domestic violence and their children. -more
L.H. v. I.M.
ME Supreme Court - 2009
DV LEAP co-counseled the appeal on behalf of the mother and also placed the case for an amicus brief on behalf of Justice for Children et al. In this case, the trial court granted joint custody to a father who had abused the mother and refused to admit testimony from several expert witnesses including a lethality assessment which found the mother to be in the highest level of risk from the father. The amicus brief described this court decision as mirroring the problems in family courts across the country which refuse to hear evidence of abuse, rely on flawed psychological evaluations, and trivialize abuse concerns. The Maine Supreme Court affirmed. -more
P.F. v. N.C.
D.C. Court of Appeals - 2008
DV LEAP won another favorable decision in a custody and abuse case in the Summer of 2008. In this case DV LEAP submitted an amicus brief on behalf of several local domestic violence organizations in support of the mother, who appealed the trial court’s award of custody to the children’s father who had violently beaten her and also abused the children. DV LEAP partnered with the Legal Aid Society of D.C., which represented the mother.-more
Bhatia v. Debek
Connecticut Supreme Court- 2008
This case concerns an abuser's misuse of the tort of malicious prosecution to win a massive damages award against a mother who had sought to protect her daughter from his abuse. -more
C.W. v. E.F.
D.C. Court of Appeals - 2007
DV LEAP won a resounding victory in this case, establishing a powerful precedent requiring courts to place safety first and to give due weight to a history of battering when considering child abuse allegations in the context of custody. -more
Licata v. Licata
New Jersey Supreme Court - 2002
This case concerned the misuse of parental alienation syndrome, a pseudo-scientific theory widely used to negate allegations of abuse. -more