家庭暴力与法律规制

家庭暴力是世界公害 ,也是我国一个严重的社会问题。我国现有法律法规在预防和制止家庭暴力方面起了很大的作用 ,但也存在诸多不足之处。进一步完善立法 ,加强对家庭暴力的法律规制 ,是遏制家庭暴力 ,切实维护家庭暴力受害者合法权益的必然要求     

Family Representative Payeeship and Violence Risk in Severe Mental Illness

Although representative payeeship is prevalent among people with mental illness and shows promise to positively influence clinically relevant outcomes, research also suggests this legal mechanism could be implemented in ways that are problematic. The current study examined whether family representative payeeship was associated with elevated risk of family violence perpetrated by persons with severe mental illness (SMI). Data were collected every 4 months for 1 year in structured interviews with N = 245 persons with SMI who received disability benefits. Multivariate analyses showed that substance abuse, history of violence, frequency of family contact, and family representative payeeship were associated with elevated odds of family violence. Analyses also showed family contact and family representative payeeship had a cumulative effect on increasing the predicted probability of family violence (controlling for covariates such as violence history and substance abuse). The data shed light on the potential for family representative payeeship to be associated with increased risk of interpersonal conflict and violence in SMI.     

Family violence and depressive symptomatology among incarcerated women

This study examines the potential association between witnessing parental violence as a child and later adult depressive symptomatology within a population that has received limited attention in the scientific literature, namely, incarcerated women. The Conflict Tactics Scale and the Center for Epidemiological Studies Depression Scale were administered to 60 women incarcerated in a maximum security prison in North Carolina. A majority of the women reported that they had witnessed verbally aggressive or physically violent interactions among the adult members in their families. Seventy percent of these women suffered from clinically relevant levels of depressive symptomatology. Stepwise multiple linear regression analysis revealed that increasing levels of reasoning conflict resolution strategies used in the women's families of origin were associated with decreasing levels of depressive symptomatology of the women, whereas increasing levels of physically violent conflict resolution strategies were associated with increasing levels of depressive symptomatology.     

Hearing parties' voices in Coordinated Family Dispute Resolution (CFDR): An Australian pilot of a family mediation model designed for matters involving a history of domestic violence

This paper discusses the Coordinated Family Dispute Resolution (family mediation) process piloted in Australia in 2010–2012. This process was evaluated by the Australian Institute of Family Studies as being ‘at the cutting edge of family law practice’ because it involves the conscious application of mediation where there has been a history of family violence, in a clinically collaborative multidisciplinary and multi-agency setting. The Australian government's failure to invest resources in the ongoing funding of this model jeopardises the safety and efficacy of family dispute resolution practice in family violence contexts, and compromises the hearing of the voices of family violence victims and their children.     

History of spouse violence against mother: Correlated risks and unique effects in child mental health

The present study examined mental health risk associated with lifetime occurrence of spouse violence against mother among 303 10 to 12 year-old inner-city children. Maternal report data showed a 30% prevalence rate for lifetime occurrence of spouse violence in this sample. Results of correlational analyses indicated that violence against mother was associated with several other historical risk factors including divorce, parental drinking problems, and incarceration of father. Multiple regression analyses controlling for the effects of demographic and historical risk factors that correlated with violence against mother revealed that violence accounted for significant unique variance in girls' self-reports of conduct problems, but did not account for unique variance in boys' symptomatology. Implications of these results for understanding the effects of violence against mother on children and for the development of empirically based interventions for children in those families are discussed.     

Gender comparisons in the relationship between parental and sibling violence and nonfamily violence

This paper addresses two neglected areas in the research on the relationship between family violence and violence outside the home: violence other than parent-child abuse and the effect of gender. Specifically, we consider both parental and sibling violence as independent variables, nonfamily violence as the dependent variable, and gender as the specification variable. The data were collected from a sample of 306 students in Introductory Sociology and Social Problems classes. The finding of particular importance is that the interaction between the gender of both the aggressor and the victim has a significant effect on the relationship between violence within the home and nonfamily violence.     

Implicit attitudes toward violence and their relation to psychopathy,aggression, and socially adaptive behaviors in forensic psychiatric inpatients

In order to investigate the relation between implicit attitudes toward violence and different aspects of violent and social behavior in Dutch forensic psychiatric inpatients, an implicit association test was related to measures of psychopathy, aggression, and socially adaptive behaviors. Results indicated that all patients had negative implicit attitudes toward violence. Although implicit attitudes toward violence were unrelated to several self-report measures of aggression, there was a significant positive relation between these attitudes and the antisocial facet of psychopathy. Furthermore, it was found that implicit attitudes toward violence were significantly negatively associated with coping behaviors and the level of moral awareness, indicating that patients with more negative implicit attitudes toward violence more often reported these behaviors, which can be assumed to inhibit aggression. As the present study was only correlational in nature, our findings need to be further explored in prospective research.     

Physical violence in Utah households

Using the Conflict Tactics Scale, a random sample of 1471 Utah residential units was selected in 1986 to assess family violence. Results were compared with data from the Straus and Gelles (1986) United States national survey of family violence. Spousal violence rates in Utah households were slightly higher than those in the national survey. Income, employment status, education, family size, religiosity, marital power structure, and gender role orientation failed to differentiate spousal violence rates. Parent-to-child violence rates were less in Utah than in the national survey. Severe mother-to-child violence was influenced substantially by educational level, family size, employment status, and gender role orientation. High level of education for traditionally oriented mothers who are not employed was associated with severe physical violence toward their children.     

Assessing change in dynamic risk factors in forensic psychiatric inpatients: relationship with psychopathy and recidivism

This study explored change in dynamic risk for violence using the Clinical and Risk Management subscales of the Historical Clinical and Risk Management-20 version 3 (HCR-20 v3) and sought to determine whether change was associated with violent recidivism. The association between the magnitude of change and psychopathy was also assessed. Participants were 40 male (n = 32) and female (n = 8) forensic psychiatric inpatients discharged from a secure forensic mental health service. Results showed that participants significantly improved on the HCR-20v3 Clinical subscale but significantly worsened on the Risk Management subscale. Psychopathy was unrelated to change in Clinical and Risk Management subscales. The hypothesis that changes in dynamic risk would predict recidivism over and above total pre-treatment risk (HCR-20v3 Total score) and psychopathy was not supported. These results suggest that improvements in mental state risk factors alone are insufficient with regard to lowering violence risk.     

Deceptive behaviour and instrumental violence among psychopathic and non-psychopathic violent forensic psychiatric patients

Deceptive behaviour and instrumental violence are well-known psychopathic features and as such play important roles in the assessment of psychopathy. This study examined first, the nature of the violence committed by offenders that have been admitted to forensic psychiatric care and whether scores on the Psychopathy Checklist: Screening Version (PCL:SV), Part 1, were associated with the instrumentality of violence. Second, we examined the proneness of offenders to re-frame the instrumentality in their past violent crimes, and whether this was associated with scores on the PCL:SV. The results show that the PCL:SV, Part 1 (interpersonal/affective features), was positively related to the officially coded instrumentality of the violent crimes. As expected, this association disappeared when the instrumentality was self-reported. However, the majority of the patients tended to exaggerate the reactivity of their violent crimes when it was self-reported, indicating that most offenders, independently of level of psychopathy, used deception when questioned about the characteristics of their past violent crimes. The reasons for, and implications of, the use of deception are discussed.     

Mental health symptoms in mutually violence： An empirical research on Taiwanese ＆ US couples

Although there are studies that have investigated the prevalence of dating violence among Taiwanese and U.S. college students, the mental health consequences of the victimization have not been investigated and compared between the two groups. The study explored the prevalence of mutual dating violence （MDV） and the relationship between victimization and mental health symptoms among Taiwanese and U.S. college student heterosexual couples （Taiwan = 1019; U.S. = 1049）. Results were that U.S. participants reported significantly higher partner violence victimization and perpetration than Taiwanese participants. Additionally, strong support for MDV was found in both Taiwanese and U.S. participants. Finally, multivariate analyses found that MDV was significantly related to mental health symptoms among Taiwanese females and males but only for U.S. females. These findings reveal the high prevalence of MDV and suggest similar mental health consequences are similar among some Taiwanese and U.S. victims and therefore, appropriate assessments should be completed to both members of the couple.     

A prospective study of pathways to hospital readmission in Canadian forensic psychiatric patients

Individuals admitted to secure care often experience lengthy hospitalizations and are likely to be admitted on more than one occasion. In the context of growing demand and costs associated with secure care, the current study investigates the frequency and reasons for readmission among 87 forensic patients recently discharged into the community. We identify risk factors that are associated with the likelihood of readmission and describe areas of overlap and discordance with the existing literature in civil and forensic samples. Using a prospective design that included patient follow-up interviews and records review, we found that 28% of patients were readmitted on one or more occasions over a 12-month period. Psychiatric decompensation, substance use, and treatment non-adherence were the central reasons prompting readmission. Patients with one or more readmissions were found to have spent significantly more time in the forensic mental health system as compared to patients not readmitted. They were more likely to have a substance use disorder and were estimated to be at higher risk for violence. Results replicate the finding of low rates of serious violence and reoffending among discharged forensic patients, and substantiate the centrality of substance use as a growing and clinically important treatment issue.     

Alexithymia in Dutch violent forensic psychiatric outpatients

Abstract

Until now alexithymia has not been investigated in Dutch low-educated offenders who are known for their violent behaviour. We therefore investigated a sample of aggressive forensic psychiatric outpatients, who are characterized by emotional dysregulation in conflict situations. For that purpose we used a Dutch questionnaire, the Bermond-Vorst Alexithymia Questionnaire (BVAQ; Vorst & Bermond, 2001), which we also administered in a sample of secondary vocational students for a comparison. Unfortunately, the five-factor structure of the BVAQ could not be confirmed in both samples, but in the patient sample the test-retest reliability of the total score turned out to be moderate, and meaningful correlations were found with measures of relevant personality domains and problem behaviours. When both samples were compared, patients were found to display significantly higher total scores on the BVAQ than the secondary vocational students, when controlled for age. Therefore, we concluded that alexithymia may contribute to the aggressive behaviour of violent forensic psychiatric outpatients. However, patients as well as students had much higher total scores on the BVAQ than found by Vorst and Bermond (2001) in a sample of Dutch psychology students. This indicates that alexithymia as measured by the BVAQ is also inversely related to educational level and perhaps to intelligence.     

惩防家庭暴力建构和谐家庭——多维视角下的家庭暴力问题

家庭是社会的细胞,在构建社会主义和谐社会的历史背景下,认真反思并全面破解家庭暴力问题,其理论意义和现实意义均格外重大。文章从经济、社会、文化、历史、法律等角度对家庭暴力问题作出了解读,希冀全面准确地揭示家庭暴力的内涵、根源与防治对策。     

Female Domestic Violence Toward Male Partners: Exploring Conflict Responses and Outcomes

The general purpose of this study was to investigate domestic violence within a conflict framework. Specifically, the association between conflict-based, communication response and outcome behaviors and the frequency and severity of female domestic violence towards male partners was examined. Participants were 153 female volunteers who reported on a range of communication responses and outcomes for both self and partner. The contribution of relationship distress was controlled for and also examined as a moderator. Relationship distress was not found to be a significant moderator. Results showed that seven communication response variables and four outcome variables were significantly associated with the frequency and/or severity of female domestic violence. Relative to nonviolent relationships, relationships with female violence had more male and female unilateral verbal aggression, more mutual verbal aggression, more male verbal aggression/female calms things down, more male demand/partner withdraw, more mutual avoidance, and less constructive relative to destructive communication. Relationships with female violence also had poorer resolution of problems and more emotional distance after problem arguments and discussions than their nonviolent counterparts.     

Gender effects in attitudes about family violence

We present results of perceptions of family violence from 176 telephone interviews conducted in a Standard Metropolitan Area in Northwest Arkansas. Four research questions are examined: (1) How do men and women differ in their perceptions about the seriousness and causes of family violence? (2) Do men and women differ in their acceptance of specific acts of interpersonal violence and does the gender of the aggressor and victim affect gender perceptions? (3) Do men and women differ in their views about the effectiveness of different intervention agencies? (4) Do men and women differ in their willingness to report acts of child abuse and does the gender of the parent and child affect the likelihood of reporting? Results indicate that females consider the problem as more serious and view public responses to family violence as more effective. Both male and females are more tolerant of acts of aggression and violence if directed by a woman toward a man. Females are more likely to report child abuse but there are significant interactions between the respondent's gender and the gender of the parent and child.     

HCR-20 violence risk assessments as a guide for treating and managing violence risk in a forensic psychiatric setting

Abstract

Over the past decades there has been a vast development in the research into risk factors for violence and the development of risk assessment instruments. One instrument that has been given special attention is the HCR-20 violence risk assessment scheme. However, little attention has been paid to the clinical applicability of this tool, i.e. how does this assessment scheme perform when utilized in clinical practice as a tool to guide intervention and management in order to alleviate risk of violent behaviour? The present study was a true prospective study into the utilization of the HCR-20 as a clinical routine. Data on forensic psychiatric patients (n = 81) from a forensic unit in Denmark are presented. As part of a clinical routine all patients were assessed for risk of future violence utilizing the structured professional judgement model, the HCR-20. Outcome measures were aggressive episodes during hospitalization and new convictions post discharge. The predictive validity of the HCR-20 was lower compared with previous findings. It is argued that this does not necessarily indicate poor predictive accuracy of the HCR-20. Rather, it may indicate that the HCR-20 is suitable for guiding risk management in order to prevent violent behaviour.     

Domestic violence: A national study of the nature, size and effects of domestic violence in the Netherlands

This article reports on a large-scale nation-wide study conducted by Intomart among 1,000 randomly selected Dutch adults (male and female) about their experiences with domestic violence. An important goal of the survey was to generate general information on domestic violence. It turns out that nearly half of the Dutch population (45%) has at one time been a victim of some form of non-incidental domestic violence. It was also demonstrated that both men and women become victims of domestic violence, and the high percentages of victimization during childhood are particularly striking. Furthermore, it turned out that domestic violence often involves a combination of physical, mental and sexual forms of violence.     

Family Violence, Anger Expression Styles, and Adolescent Dating Violence

How partner violence is transferred across generations is relatively unexplored. This paper proposes that anger expression style (constructive, destructive direct, destructive indirect) mediates the relationship between exposure to family violence and dating violence perpetration by adolescents. Data are from 1,965 completed self-administered questionnaires given to eighth- and ninth-grade students in a primarily rural county in North Carolina in 1994. Results varied by gender and type of exposure to family violence. For females, destructive direct and destructive indirect anger expression styles mediated the relationship between experiencing family violence and dating violence perpetration. For males, this relationship was mediated primarily by destructive direct anger expression style. The association between witnessing family violence and dating violence perpetration for females was mediated by destructive direct anger expression style only. Witnessing family violence was not associated with dating violence perpetration for males, and therefore could not be mediated. This study suggests that adolescents exposed to family violence learn anger expression styles that put them at risk of being perpetrators of dating violence. Further research is needed to identify other mediators that explain how partner violence is transferred across generations.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.