Battered Woman Syndrome

“Battered woman syndrome” (BWS) is a term used to describe the psychological impact of domestic violence, specifically on women. This term aimed to describe behaviors caused by the trauma of living with a violent partner. However, anyone can become a victim of domestic violence. As a result, the terms used to describe its effect have evolved.

Battered woman syndrome, now generally called “battered partner syndrome” or “battered person syndrome,” often comes up in cases involving domestic violence and self-defense. Domestic violence is also sometimes referred to as “intimate partner violence” or IPV.

This article discusses:

• What is intimate partner violence?
• What is battered woman syndrome/battered partner syndrome?
• How battered woman syndrome is used as a defense in criminal cases

If you or someone you know is in immediate danger from domestic violence, call 911. You can also contact the National Domestic Violence Hotline online or by phone at 1-800-799-SAFE (7233).

Once you're in a place of safety, consider reaching out to a local family law attorney to learn about your legal options. You can speak with them confidentially about your concerns, and they can help you with things like protective orders, child custody concerns, and divorce.

What Is Intimate Partner Violence?

The American Psychiatric Association defines IPV as “physical, sexual or psychological harm done to an individual by a current or former partner or spouse.” This type of abusive relationship can victimize anyone, regardless of gender, age, class, or background.

People experiencing domestic violence often feel scared. But at different stages of the relationship, they might feel hopeful that the abuse will eventually end. So, they stay with their abuser. The feeling of fear and hope becomes a cycle of abuse.

Stages of Intimate Partner Violence

Intimate partner violence is a vicious cycle between people in an intimate relationship. The abuse can happen occasionally, often, or as a long-term problem. The abusive cycle usually follows a pattern with three stages:

• Tension Building: The first stage of IPV begins with a low-tension conflict. The abuser often feels angry or neglected. They may feel that these feelings justify the imminent danger that they pose to their partner.
• Outburst of violence: The tension breaks when the abuser commits a form of domestic violence. This might be physical abuse, sexual abuse, emotional abuse, or psychological abuse.
• Honeymoon Stage: The third stage is usually called the "honeymoon stage." This is when the abuser apologizes. During the third stage, the abuser makes amends, and the relationship is at its best — until the cycle starts over again.

The abuser will often also exhibit “coercive control.” They attempt to cut the victim off from friends, family, and other support. They might insist on knowing where the victim is at all times, track their movements, or read their text messages and emails.

As the cycle of violence keeps repeating, the victim might start to think the abuse is their fault. “Learned helplessness” can develop, where the victim feels powerless. When someone has endured repeated abuse, they can begin to feel so defeated that they feel they cannot leave the abusive relationship. As a result, they stay trapped in the abusive situation until something extreme happens.

Learned helplessness is one component of battered woman syndrome.

What Is Battered Woman/Battered Partner Syndrome?

The term “battered woman syndrome” was coined in 1979 by psychologist Dr. Lenore Walker in her book, “The Battered Woman.” In this book, Dr. Walker defined the cycle of abuse discussed above and theories on how domestic violence can lead to learned helplessness.

Dr. Walker described battered woman syndrome as a psychological condition, but not necessarily a mental illness. It is not included in the Diagnostic and Statistical Manual of Mental Disorders (DSM).

However, it is often diagnosed as a subcategory of post-traumatic stress disorder (PTSD). BWS and PTSD share some of the same symptoms, and victims of domestic violence often experience both conditions.

Symptoms of battered woman syndrome include:

• Flashbacks or intrusive memories
• Learned helplessness
• Self-destructive coping mechanisms
• Avoidant behavior
• Emotional numbing
• Hypervigilance or high levels of anxiety
• Low-self esteem or negative body image
• Intimacy issues

Someone experiencing BWS might even begin to think they are responsible for the abuse. Or they might believe their abuser is somehow all-powerful and will know if they contact authorities or seek help. They also often experience other mental health issues, such as depression.

Battered Woman Syndrome and Self-Defense

All states recognize and combat domestic violence through their family and criminal laws. However, someone who has experienced domestic violence can still face criminal charges if they harm or kill their abuser.

Self-defense generally only applies in instances where a person has to make an in-the-moment decision to defend themselves. They have no way of escape and no time to plan. The courts typically refer to these situations as “imminent harm.”

However, battered woman syndrome has been used as an affirmative defense in cases of premeditated assault or murder of abusive partners. In these cases, the abused person argues that they genuinely believed harming or killing their partner was their only means of escape. Even if they weren’t being abused at that moment.

Although it doesn’t fit into a typical argument of self-defense, a jury might conclude that a victim of a battering relationship felt that they were justified in attacking their abuser and that they were in reasonable fear of imminent harm.

The “battered woman defense” was typically used in cases where the assault or murder took place when there was not an active threat to the abused spouse’s safety. For example, when her abusive husband was sleeping. For the courts, this condition indicates the defendant's state of mind and may be considered a mitigating circumstance.

It's common for someone who uses this defense to introduce expert testimony in a criminal trial. An abuse survivor’s legal defense team will present testimony from an expert witness in psychiatry. The expert witness will emphasize the complex cycle of the abusive relationship. They provide information on how the abusive partner altered the victim's perception compared to that of a reasonable person. They will also testify about how and why victims often fail to report the abuse.

However, the admissibility of the “battered woman defense" in criminal cases has been questioned. Its use is heavily dependent on the facts of the case.

Legal Help For Victims of Intimate Partner Violence

Getting out of the cycle of abuse and physical violence can be difficult. Because of the history of abuse, victims often feel trapped and alone in the situation. Unfortunately, survivors of domestic violence often recant their statements to police because they fear further abuse.

But there are ways to safely get out of the cycle of domestic abuse. Advocates and support groups are available in each state to help victims of IPV. There are also government organizations within the criminal justice system that handle domestic violence cases. The Office of Violence Against Women, a division of the U.S. Department of Justice, provides grant funding and other resources to non-profit and government agencies that assist victims of IPV.

Local domestic violence advocates can help you create a safety plan, which helps survivors ensure they have important documents, money, and a place to go when they are ready to leave.

Victims of domestic violence can likewise file for a protective order, also known as a restraining order. The protective order will prevent the abuser from coming close to the victim or their family members. In most cases, police may arrest the aggressor. Under the 1994 Violence Against Women Act, protective orders from one state must be recognized and enforced in all other jurisdictions.

If you or someone you know is experiencing family violence or is involved in a violent relationship, it is important to reach out for help. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233 or through online chat.

How an Attorney Can Help With Intimate Partner Violence

Domestic violence of any kind can leave deep wounds. After getting the medical and emotional support you need, you should seek help from an experienced family law attorney to explore your legal options. Such options can include orders of protection, divorce, and modifications to child custody arrangements. In cases involving married parties, a petition for spousal support may address the victim's financial concerns.

An attorney can help you protect yourself and your loved ones. Remember that you are not alone. There are professional advocates ready to help you.