CHARLESTON, W.Va. -- The West Virginia Supreme Court of Appeals directed the acquittal and immediate release of Tonya Harden, a battered woman terrorized by life-threatening violence who killed her batterer to protect herself and the lives of her children.

The court's opinion offered groundbreaking standards related to the relevance of past abuse and lethal threats faced by victims of domestic violence.

Tonya Harden's story is one shared by many women suffering from the violent and controlling behavior of abusive partners. Since her marriage at age 16, her husband prohibited her from working outside the home, from getting a driver's license and from having friends or family over without his permission and supervision.

In addition to being coerced and controlled, battered women endure repeated acts of violence and terror over time, comparable to the brutality survived by Tonya Harden documented in this case. The record states that for several hours her husband beat her with his fists and with the butt and barrel of a shotgun, threatened repeatedly to kill her and her children, and sealed the brutality with the vengeful crime of rape. The beatings and rape resulted in multiple severe injuries and fractures of her face, arms and chest.

Tonya Harden and her children are fortunate to be alive.

The recent decision by the Supreme Court recognizes that this battered mother took necessary steps to protect herself and her children. In the complex and dangerous dynamic of domestic violence, the legal system must consider past acts and patterns of abuse that cause a victim to know that further violence and death are imminent. This case is a clear example of self-defense, affirming that all individuals have the right to protect themselves in their own homes -- regardless if the attacker is an intruding stranger or a cohabitating partner.

The prosecution against Tonya Harden ultimately failed in its attempt to argue that she had a responsibility to leave the home that evening to avoid further attacks from her husband. What would have resulted if she tried to escape after her husband had held a shotgun to her stomach in front of her young son asking her if she wanted to die? What would have happened to the three children in the home that night that she might have had to leave behind after her husband had already put a shotgun to her son's head and said no one would walk out of the house that night?

This case is a reminder of the unrealistic expectations and responsibilities often placed on battered women to "just leave." The court's opinion reflects the understanding that "imposition of the duty to retreat on a battered woman who finds herself the target of a unilateral, unprovoked attack in her own home is inherently unfair. During repeated instances of past abuse, she has 'retreated,' only to be caught, dragged back inside, and severely beaten again."

This precedent-setting opinion holds great significance, not only for battered women struggling to stay alive, but also in signaling forward movement of society's understanding of the serious and lethal nature of domestic violence.

Rosser is the communications coordinator for the West Virginia Coalition Against Domestic Violence.

CHARLESTON, W.Va. -- The West Virginia Supreme Court of Appeals directed the acquittal and immediate release of Tonya Harden, a battered woman terrorized by life-threatening violence who killed her batterer to protect herself and the lives of her children.

The court's opinion offered groundbreaking standards related to the relevance of past abuse and lethal threats faced by victims of domestic violence.

Tonya Harden's story is one shared by many women suffering from the violent and controlling behavior of abusive partners. Since her marriage at age 16, her husband prohibited her from working outside the home, from getting a driver's license and from having friends or family over without his permission and supervision.

In addition to being coerced and controlled, battered women endure repeated acts of violence and terror over time, comparable to the brutality survived by Tonya Harden documented in this case. The record states that for several hours her husband beat her with his fists and with the butt and barrel of a shotgun, threatened repeatedly to kill her and her children, and sealed the brutality with the vengeful crime of rape. The beatings and rape resulted in multiple severe injuries and fractures of her face, arms and chest.

Tonya Harden and her children are fortunate to be alive.

The recent decision by the Supreme Court recognizes that this battered mother took necessary steps to protect herself and her children. In the complex and dangerous dynamic of domestic violence, the legal system must consider past acts and patterns of abuse that cause a victim to know that further violence and death are imminent. This case is a clear example of self-defense, affirming that all individuals have the right to protect themselves in their own homes -- regardless if the attacker is an intruding stranger or a cohabitating partner.

The prosecution against Tonya Harden ultimately failed in its attempt to argue that she had a responsibility to leave the home that evening to avoid further attacks from her husband. What would have resulted if she tried to escape after her husband had held a shotgun to her stomach in front of her young son asking her if she wanted to die? What would have happened to the three children in the home that night that she might have had to leave behind after her husband had already put a shotgun to her son's head and said no one would walk out of the house that night?

This case is a reminder of the unrealistic expectations and responsibilities often placed on battered women to "just leave." The court's opinion reflects the understanding that "imposition of the duty to retreat on a battered woman who finds herself the target of a unilateral, unprovoked attack in her own home is inherently unfair. During repeated instances of past abuse, she has 'retreated,' only to be caught, dragged back inside, and severely beaten again."

This precedent-setting opinion holds great significance, not only for battered women struggling to stay alive, but also in signaling forward movement of society's understanding of the serious and lethal nature of domestic violence.

Rosser is the communications coordinator for the West Virginia Coalition Against Domestic Violence.