Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.
Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/149, 63/168, 65/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.
Last edited: January 05, 2011
Legislation should state that in every proceeding where domestic or family violence has occurred between the parents there is a rebuttable presumption that it is in the best interest of the child to reside with the parent who did not perpetrate the violence in the location of that parent’s choice. This presumption should extend to cases involving orders for protection, juvenile delinquency and child protection.
(See: Family Violence: A Model State Code (1994), Sec. 403.)