ATTACHMENT PERSPECTIVES ON DOMESTIC VIOLENCE AND FAMILY LAW

Lieberman and Zeanah are specialist clinicians, researchers, and prolific publishers in the areas of infant mental health, attachment development in high‐risk environments, and treatment of infant–parent relationship trauma. In this article, Lieberman and Zeanah discuss the impacts of domestic violence on the attachment security and development of infants and children and address a number of implications for the family law context. Conundrums for parenting visitation and living arrangements are considered, together with the need for multidisciplinary, early response and the pivotal role of family courts in directing this response.     

QUESTIONS ABOUT FAMILY COURT DOMESTIC VIOLENCE SCREENING AND ASSESSMENT

Increasingly, family courts are seeking ways to focus limited resources on cases that require the most intervention, tailor court responses and dispute methods to each case, and account for the real differences among domestic violence cases. One of the means to that end may be the triaging or screening of cases. This article raises a number of questions about screening and urges that they be addressed by courts and communities that are considering whether and how to design a screening protocol. Issues include: How should we define domestic violence for the purposes of screening? Who should carry out the screening? How can we maximize the likelihood that we will fully assess the context of the violence in each case? How should we assess the risks or dangers inherent in the parties’ situation? How should a screening effort account for changing circumstances as a case proceeds through the courts? How can information gathered in a screening effort improperly impact subsequent decisions of the court?     

REASONS FOR REPORTING AND NOT REPORTING DOMESTIC VIOLENCE TO THE POLICE*

The National Crime Victimization Survey is used to examine factors that encourage and inhibit victims of domestic violence from calling the police. Victims of domestic violence are less likely than victims of other types of violence to call the police because of their privacy concerns, their fear of reprisal, and their desire to protect offenders, but they are more likely to call for self‐protection and because they perceive domestic assaults as more serious. As a result of these and other offsetting factors, victims of domestic violence are just as likely as other victims of assault to call the police.     

POLICE RESPONSE TO DOMESTIC VIOLENCE: SITUATIONS INVOLVING VETERANS EXHIBITING SIGNS OF MENTAL ILLNESS*

Drawing on attribution theory, research on police discretion, and public attitudes toward mental illness, we examine attributional processes in police decision making in response to domestic violence situations involving veterans and nonveterans with signs of mental illness. Using data from experimental vignettes varying veteran status, victim injury, and suspect compliance administered to a sample of 309 police officers, the results indicate that 1) veterans are perceived as less responsible for troublesome behavior but more dangerous than nonveterans, 2) suspects’ veteran status has a significant effect on officers’ preference for mental health treatment versus arrest, and 3) part of the effect of veteran status on officer response is mediated by internal and external attributions for problematic behavior and by perceptions of dangerousness. The study empirically demonstrates countervailing processes in police decision making—recognition of the causes for troublesome behavior and the need for mental health treatment on the one hand and concern for community safety and enforcing the law on the other.     

FROM INITIAL DETERRENCE TO LONGTERM ESCALATION: SHORT-CUSTODY ARREST FOR POVERTY GHETTO DOMESTIC VIOLENCE*

Persons arrested for misdemeanor domestic violence are held in custody for widely varying lengths of time. To test the effects of this variance, we randomly assigned short (X?= 2.8 hours), full (X?= 11.1 hours), and no arrests (warning only) to a sample of 1,200 cases with predominantly unemployed suspects concentrated in black ghetto poverty neighborhoods in Milwaukee. Victim interviews and one official measure showed that short arrest had a substantial initial deterrent effect relative to the warning group. Longer term follow-up and before-after analysis, however, found neither arrest group reflected any deterrence. On the most comprehensive official measure, short arrest consistently showed significantly higher long-term recidivism than no arrest. Its deterrent effect ended at 30 days, but its criminogenic effect was significant after one year. We conclude that short-custody arrests for domestic violence in poverty ghetto areas may pose a dilemma between short- and long-term crime control, but longer custody arrests have no clear long-term effect in either direction.     

REPORT FROM THE WINGSPREAD CONFERENCE ON DOMESTIC VIOLENCE AND FAMILY COURTS

In February 2007 the National Council of Juvenile and Family Court Judges and the Association of Family and Conciliation Courts brought together a working group of thirty‐seven experienced practitioners and researchers to identify and explore conceptual and practical tensions that have hampered effective work with families in which domestic violence has been identified or alleged. Five central sets of issues were raised at the conference and are discussed in this report. These include the following: differentiation among families experiencing domestic violence, screening and triage, participation by families in various processes and services, appropriate outcomes for children, and family court roles and resources. The report emphasizes the need for continued multidisciplinary collaboration in order to better serve families affected by domestic violence and it includes an appendix of consensus points as well as suggestions for formation of ongoing work groups.     

DOMESTIC VIOLENCE LEGISLATION: EXPLORING ITS IMPACT ON THE LIKELIHOOD OF DOMESTIC VIOLENCE,POLICE INVOLVEMENT,AND ARREST*

Research Summary: This research uses data from the National Crime Victimization Survey to test whether legislation affects domestic violence, police involvement, and arrest. Findings suggest that most laws do reduce the chances of family or intimate violence. Fewer appear to influence police involvement, and none relate to more arrest. This suggests that laws may deter would‐be offenders from harming family and partners. Policy Implications: The findings suggest that states should continue to aggressively pursue domestic violence offenders. However, local officials should recognize that mandatory arrest laws could reduce the number of cases that enter the system. Further, more protection should go toward victims when the state awards them custody of the children.     

DIVORCE AND THE FAMILY COURT: WHAT CAN BE DONE ABOUT DOMESTIC VIOLENCE?

Approximately 50% of couples who have separated report being victims of violence and/or emotional abuse by their former intimate partners. Family courts can make an important contribution toward reducing the number of intimate partners who report being victims of domestic violence and abuse during and following their participation in divorce proceedings in three ways. First, increase opportunities for participation in nonadversarial procedures. Second, implement mandatory assessment/screening for domestic violence using field‐tested instruments that link subscores on sets of items (e.g., control motivated violence, conflict instigated violence/abuse, substance abuse associated violence/abuse) with appropriate community‐based treatments and/or resources. Third, educate family court judges, lawyers, mediators, and other court personnel in the dynamics of domestic violence generally, as well as the dynamics associated with separation/divorce.     

PROSECUTORIAL DISCRETION IN FILING CHARGES IN DOMESTIC VIOLENCE CASES*

Based on data collected from prosecutors' files on domestic violence cases, the research reported here attempts to isolate variables associated with a decision to issue criminal charges in a case. The analysis reveals that variables reflective of the defendant's current or past choices were most strongly associated with the charging decision. Specifically, the defendant's appearing at the charging conference and his use of drugs or alcohol at the time of the violence were the factors most strongly associated with the decision to issue a criminal charge. Other related factors were also reflective of choices made by the defendant: degree of injury inflicted, the instrument used, the fact of prior offenses, and prior abuse of the particular victim.     

BIG PEOPLE HIT LITTLE PEOPLE: SEX DIFFERENCES IN PHYSICAL POWER AND INTERPERSONAL VIOLENCE*

The role of physical size and strength in sex differences in violence is examined using a sample of ex-offenders, ex-mental patients, and the general population. In incidents not involving weapons, males are more likely than females to engage in attacks and injure their adversaries, and females are more likely to be attacked and injured, primarily because of differences in physical power. In incidents involving weapons, the greater power of males is partially neutralized, and females are more likely than males to injure their adversary. The results show that physical differences between men and women are an important factor in explaining sex differences in violence.     

A STUDY OF CLIENT SATISFACTION WITH FAMILY COURT COUNSELLING IN CASES INVOLVING DOMESTIC VIOLENCE

The Family Court of Australia provides conciliation counselling to couples who are involved in disputes regarding their children following separation. In situations where domestic violence has occurred, the appropriateness of providing counselling to such couples has been seriously questioned This study examines the experience of clients attending counselling at the family court. Two groups of clients are studied—one group who reports domestic violence as a significant issue and a comparison group who does not report domestic violence. The results indicate that the two groups do not differ in their expressed level of satisfaction with the counselling they have received and that both groups consider counselling to have been helpful in resolving their issues. The preliminary results of this study have implications for the provision of postseparation counselling/mediation to couples when domestic violence has occurred.     

BEYOND POLITICS AND POSITIONS: A CALL FOR COLLABORATION BETWEEN FAMILY COURT AND DOMESTIC VIOLENCE PROFESSIONALS

The domestic violence advocacy and family court communities have each grown dramatically over the last three decades. Although these professional communities share many values in common, they often find themselves at odds with one another on a host of issues. This article examines the practical, political, definitional, and ideological differences between the two communities and calls for them to join forces and collaborate on behalf of children and families.     

FAMILY VIOLENCE,TELEVISION VIEWING HABITS,AND OTHER ADOLESCENT EXPERIENCES RELATED TO VIOLENT CRIMINAL BEHAVIOR*

This study employs multivariate analyses with retrospective self-report data to assess the relative importance of certain childhood and adolescent experiences to the commission of violent crimes as an adult. Specifically, the relationship is examined between violent criminal behavior and exposure to family violence, exposure to television violence, school performance, other adolescent activities, and differential reinforcement for previous illegal acts. The exploratory model is based on data collected on 100 male inmates incarcerated for violent crimes and 65 nonincarcerated, nonviolent males matched in terms of age, race, and neighborhood. Findings, from analyses which estimate both additive and interactive effects, indicate that the background experiences associated with violent crime vary depending upon an individual's race. The discussion focuses on the implications of these findings for further research on the causes of violent criminal behavior.