Battered Women or Partner Syndrome

Sometimes a person who has been victimized for years snaps, and they strike back at their abuser. When that happens the law calls it Battered Woman/Child/Partner/Parent Syndrome. You've heard those phrases before. It is a form of post traumatic stress disorder, or PTSD. Battered women's syndrome is used in criminal cases in a couple of ways.

When the Victim is Charged with a Crime.

Often we represent the person who has been the victim in the relationship, but who is now charged with a crime for striking back. We are experienced at investigating and telling the real facts of the relationship history, consulting with appropriate experts, and presenting this history to the Prosecutor in a persuasive way. When the Prosecutor realizes and is convinced that they have charged the person who has been the real victim these cases can be resolved very favorably. Washington courts have allowed experts to testify about battered woman's syndrome to explain why a woman would not have left her partner or reported previous incidents of abuse. If you are the victim of domestic violence and find yourself charged with a crime against your abuser, we can offer the kind of knowledgeable defense to make sure these issues are understood by the Prosecutor, the Judge and the Jury.

Cycle of Violence as Prosecution Tool

In other cases, Battered Woman Syndrome/PTSD and the classic domestic violence cycle of abuse are used to explain why people in abusive domestic violence relationships stay with the abuser and don't report domestic violence abuse right away. When a client is accused of a long history of domestic violence even though there has never been a report, Battered Woman Syndrome and this cycle of violence is how the Prosecution explains the delay to the Judge or jury.

People in domestic violence relationships go through what's called the cycle of domestic violence. There are three phases: the tension-building phase, the acute battering incident, and the honeymoon phase. During the tension-building phase, anger builds with the abuser as they engage in verbal or physical aggression, and small domestic violence incidents and attacks may happen. During the second phase, the abuser attacks the victim, often violently. During the final phase of the domestic violence cycle, the abuser apologizes, expresses remorse, and promises never to abuse and hurt his or her partner again. Soon the tension begins to build again, and the cycle repeats. The victims in these relationships often delay reporting abuse, minimize abuse, or recant allegations of abuse after they have been made.

When an accuser does recant or take back their allegations this does not mean the Prosecution will not continue with their case. Recantations by accusers are not uncommon, and when they happen the Prosecution is prepared to convict the accused regardless of the recantation. In Washington, courts have allowed experts to testify for the Prosecution that elements of battered partner's syndrome may make a victim in a domestic violence prosecution recant or minimize the abuse. Washington courts may also allow the Prosecution to confront the recanting witness with the long prior history at trial, and to tell the jury about prior misbehavior whether it was charged as a crime or not. If you're charged with a domestic violence crime and it is alleged you have a history of this behavior, or you have a prior charge or conviction for domestic violence, you need a lawyer who knows the ins and outs of this law to make certain your rights are protected.

Domestic violence charges are complex and they require lawyers who know the ins and outs of the law, and an understanding of family dynamics, and who know how to defend against these charges. At Rhodes & Meryhew, we have the experience and knowledge you need when you find yourself defending against a domestic violence charge.