反思·借鉴·重构——关于完善我国家庭暴力概念的思考

根据最高人民法院的司法解释,家庭暴力是指行为人以殴打、捆绑、残害、强行限制人身自由或者其他手段,给其家庭成员的身体、精神等方面造成一定伤害后果的行为。这在一定程度上解决了新婚姻法颁布后所遇到的司法实践难题,具有十分重要的积极意义。然而,基于家庭暴力的普遍性和复杂性,该解释仍显不足,司法实践中困惑犹存。因此,有必要重新界定家庭暴力概念,完善相关理论,以利于司法实践中正确认定家庭暴力和有效处理相关纠纷。     

国家干预家庭暴力的限度研究

鉴于家庭自治的局限性和私权与公共利益保护的迫切需要,国家干预家庭暴力有其必要性和正当性。目前国家干预家庭暴力的态度积极,但是部分干预方式差强人意。国家干预家庭暴力必须保证婚姻家庭内部规则的有效运行,应当秉承切忌法律万能论、尊重家庭自治和适当注意的基本原则,其具体干预方式包括但不限于维持家庭内部秩序、建立家庭自治的约束机制和适当增加强制性措施等。作为国家干预家庭暴力的典型例证,《反家庭暴力法》必须尊重家庭内部规则,建立家庭自治的约束机制,确保国家干预家庭暴力的适时性和有限性,这是《反家庭暴力法》有效运行的基本途径。     

Creating Culturally Responsive Services for Vietnamese-Heritage Survivors of Intimate Partner Violence

Journal of Family Violence - Despite a population of over two million Vietnamese people in the United States, very few domestic violence shelters employ Vietnamese-speaking staff or provide...     

Post-Separation Contact and Domestic Violence: our 7-Point Plan for Safe[r] Contact for Children

Journal of Family Violence - The impact of living with domestic violence and abuse has been recognised in policy and law in many jurisdictions as reaching the threshold of ‘significant...     

Cognitive Interviewing: Lessons Learned and Recommendations for Structured Interviews with Survivors of Crime

Journal of Family Violence - This article explores the use of cognitive interviewing among one sensitive population, survivors of crime, and shares lessons learned from a cognitive interviewing...     

Exploring Motivations for Domestic Violence by Women in Saudi Arabia

Journal of Family Violence - Both women and men suffer from domestic violence around the world. While domestic violence against women has received considerable research attention, domestic violence...     

The Use of Domestic Violence Advocates in Juvenile Court: Lessons from the Dependency Court Intervention Program for Family Violence

The Dependency Court Intervention Program for Family Violence (DCIPFV) is a national demonstration project awarded to the Eleventh Judicial Circuit of Florida (Miami) by the U.S. Department of Justice, Office on Violence Against Women. Developed by Judge Cindy Lederman and Susan Schechter in 1997, the DCIPFV identifies victims of domestic violence in the dependency court system. DCIPFV advocates provide a variety of services to such victims, helping them achieve safe environments for themselves and their children with the understanding that the well‐being of children can be better assured by addressing the safety and self‐efficacy of their mothers. This article discusses the DCIPFV program and makes recommendations for communities seeking to implement a similar program in their jurisdiction.     

Acts of Intimate Partner Violence and Feelings of Danger in Battered Women Seeking Help in a Spanish Specialized Care Unit

Acts of violence recounted by 161 female victims of Intimate Partner Violence (IPV) attended at a psychological care service in Spain are presented. The relationship between acts of violence and feelings of danger, childhood abuse, and dyadic adjustment are analyzed. Reported acts of IPV were obtained through a Semi-structured Interview on Domestic Violence; and marital satisfaction was assessed with the Dyadic Adjustment Scale. The results showed women who have felt their lives were in danger are more likely to have been victimized. In addition, women who were both abused by their partner and sexually abuse as children are the ones that perceive more situations of danger in their adult couple relationship. The importance of studying perceived danger and the diversity of IPV experiences are discussed to aid prevention and intervention strategies.     

Family Environment Characteristics and Mental Health Outcomes for Youth in Foster Care: Traditional and Group-Care Placements

Journal of Family Violence - Foster care is meant to provide a safe, temporary out-of-home placement for children exposed to maltreatment, yet little is known about how youth and foster caregivers...     

Enhancing judicial skills in domestic violence cases: the development,implementation, and preliminary evaluation of a model US programme

ABSTRACT

The overwhelming number and complexity of domestic violence cases in criminal and family courts has resulted in the development of education programmes to assist judges. There is limited research on judicial education in this area. This paper reviews one such initiative entitled ‘Enhancing Judicial Skills in Domestic Violence Cases’ (EJS) that has been developed and implemented over the last 20 years by the National Judicial Institute on Domestic Violence, a partnership of the US Department of Justice Office on Violence Against Women, National Council of Juvenile and Family Court Judges and Futures Without Violence. We present findings of a preliminary evaluation of the programme based on the self-reports of 480 judges who had taken the four-day workshop between 2006 and 2010. Overall, judges reported the programme to be engaging and effective. At a six-month follow‐up, most of the judges identified specific benefits and behavior changes in the areas of access to justice, judicial leadership, victim safety, and abuser accountability as a result of participating in the programme. Critical issues in judicial education are highlighted based on the authors’ experiences in the development and implementation of this programme.     

The Association Between Family Violence,Depression and Anxiety Among Women Whose Partners Have Been Treated for Alcohol Dependence

Journal of Family Violence - The negative effects of men’s excessive alcohol consumption on family members are well known. However, less is known about how men’s alcohol dependence is...     

The Constitution of Violence Through the Language of Law: Legal Hermenutics in Second‐Century Roman Egypt

Bryen, Ari Z. 2013. Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook. This essay examines the linguistic anthropological themes emergent in Violence in Roman Egypt (2013). Viewing law as a discourse, it explores how language is constitutive of law and is the primary modality of acting upon, and enacting the world(s) that it shapes, giving meaning to the lives of people who engage each other in and through it. Violence petitions in second‐century Egypt are a fundamental mode of sense making and problem solving, calling on legal authorities to interpret claims of iniuria, or legal battery, into a language that they understand and remedy. In doing so, law changes the discourse of violence, specifically, and social life, more broadly.     

Correction to: Bystander Intervention Efficacy to Reduce Teen Dating Violence Among High School Youth Who Did and Did Not Witness Parental Partner Violence: A Path Analysis of A Cluster RCT

Journal of Family Violence -     

What is violence against women: defining and measuring the problem

Violence against women (VAW) is a prevalent problem with substantial physical and mental health consequences throughout the world, and sound public policy is dependent on having good measures of VAW. This article (a) describes and contrasts criminal justice and public health approaches toward defining VAW, (b) identifies major controversies concerning measurement of VAW, (c) summarizes basic principles in identifying and measuring VAW cases, and (d) recommends changes to improve measurement of VAW. In addition to reviewing recommendations from the Centers for Disease Control and Prevention Workshop on Building Data Systems for Monitoring and Responding to Violence Against Women and the World Health Organization World Report on Violence and Health, the article concludes that changes are needed in the FBI Uniform Crime Reports and National Crime Victimization Survey to improve measurement of rape and sexual assault.     

Review Symposium: Interdisciplinary Readings of Ari Bryen's Violence in Roman Egypt—Author's Reflections

Bryen, Ari Z. 2013 . Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook. In this brief comment, I respond to symposium reviewers of my book Violence in Roman Egypt (2013). I consider the insights each provides from their respective discipline, and identify connections across those disciplines as well. More broadly, I comment on the theoretical purchase and unique challenges of law and society scholarship.     

Read with Caution: The Dangers Posed by the 21st Century Cures Act to IPV Survivors A Letter to the Editor

Journal of Family Violence -     

DIFFERENTIATION AMONG TYPES OF INTIMATE PARTNER VIOLENCE: RESEARCH UPDATE AND IMPLICATIONS FOR INTERVENTIONS

A growing body of empirical research has demonstrated that intimate partner violence is not a unitary phenomenon and that types of domestic violence can be differentiated with respect to partner dynamics, context, and consequences. Four patterns of violence are described: Coercive Controlling Violence, Violent Resistance, Situational Couple Violence, and Separation‐Instigated Violence. The controversial matter of gender symmetry and asymmetry in intimate partner violence is discussed in terms of sampling differences and methodological limitations. Implications of differentiation among types of domestic violence include the need for improved screening measures and procedures in civil, family, and criminal court and the possibility of better decision making, appropriate sanctions, and more effective treatment programs tailored to the characteristics of different types of partner violence. In family court, reliable differentiation should provide the basis for determining what safeguards are necessary and what types of parenting plans are appropriate to ensure healthy outcomes for children and parent–child relationships.     

A Need for Training: Preparing Juvenile and Family Court Judges on Military‐Related Issues

This brief report presents a study undertaken to better understand the training needs of judicial officers related to military issues. A snowball sample of judicial officers and court‐affiliated stakeholders were asked to identify the most critical training topics regarding military issues in juvenile and family court, as well as rate the importance of 13 potential training topics. The highest rated training topics for judicial officers (N = 129) were the (1) Welfare of spouses and children, (2) Protocols to consider when selecting kinship care for children of deployed parents, (3) Mental and physical health consequences of military service and deployment, (4) Reporting standards regarding Intimate Partner Violence or Family Violence, as well as implications for civil case investigation, and (5) Education support for children of deployed parents. Findings suggest a desire in the field for specific training on a multitude of issues related to serving/veteran men and women, spouses, and dependents. Recommendations for such trainings are discussed.     

Profiles of Child Maltreatment Perpetrators and Risk for Fatal Assault: A Latent Class Analysis

This study examined characteristics and profiles of 196 child maltreatment perpetrators in Florida, including 126 who committed fatal assaults during 1999–2002. Results of logistic regression suggest that being a biologically unrelated caregiver is the strongest predictor of fatal child maltreatment. Latent Class Analysis (LCA) was used to classify perpetrators, and three classes were identified: Biological Mothers with Health Problems, Male Perpetrators with Domestic Violence History, and Multiple-Problem Perpetrators. Results of LCA showed that compared to Biological Mothers with Health Problems, Multiple-Problem Perpetrators were seven times more likely and Male Perpetrators with Domestic Violence History were 12 times more likely to commit a fatal assault. Implications of the findings are discussed.