PROTECTING CHILDREN WHO WITNESS DOMESTIC VIOLENCE

This article argues that the Nicholson v. Williams case was decided wrongly because it does not adequately protect the interests and welfare of children who witness domestic violence. It contends that the legal system must do more to ensure the well-being of children who witness domestic violence before permitting them to remain in the custody of their mothers who were living in violent relationships. The article does not support the notion that victims of domestic violence should be prosecuted for failure to protect or child abuse but argues that evidence reveals how detrimental witnessing domestic violence is on a child and that this necessitates the need for stricter measures to be taken to protect children from this danger.     

REFUSING TO BLAME THE VICTIM FOR THE AFTERMATH OF DOMESTIC VIOLENCE

This note addresses the decision of Nicholson v. Williams and the significant impact it will have on the rights of domestic violence victims. Victims are faced with unique challenges with regards to protecting their children from witnessing domestic violence. The Nicholson decision recognizes that the dynamics of domestic violence require special consideration in "failure to protect" cases and that removal from the home is not necessarily the best alternative for the well-being of the children. This note attempts to explain that the abuser, not the victim, is responsible for the effects that domestic violence has on the children who witness it and that it is important to keep the victim and children united to cope with the effects of domestic violence.     

STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

DOMESTIC VIOLENCE,DOVE, AND DIVORCE MEDIATION

The primary objective of this article is to describe DOVE, a 19‐item instrument designed to assess and manage the risk of domestic violence between partners during and following their participation in divorce mediation. Assessing risk, more specifically how DOVE can be used to assess risk, is described first. The resulting risk scores (TOTDOVE) are used to assign individuals to risk categories. Problems associated with using categorical, frequency, and probability risk assessment formats in interpreting and communicating risk are discussed in the second segment of the article. A dual, categorical/probability format is advocated. Managing risk using Safety Plan interventions that are linked with risk category and predictor subscores on control, substance abuse, anger, relationship problems, mental health problems, and conflict is covered in the final segment.     

DOMESTIC VIOLENCE IN SAME‐GENDER RELATIONSHIPS

Physical violence occurs in 11–12% of same‐gender couples, which suggests that domestic violence is an abuse of power that can happen in any type of intimate relationship, regardless of gender or sexual orientation. Although incidents of violence occur at the same rate in same‐gender couples and cross‐gender couples, the violence appears to be milder in same‐gender couples and it is unclear what percentage of same‐gender violence should be characterized as abuse or intimate terrorism. Same‐gender victims also suffer from the additional stress of severe isolation and the abuser's threats to expose the victim's sexual orientation in a hostile manner.     

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.     

A COMPARISON OF TWO PROSECUTION POLICIES IN CASES OF INTIMATE PARTNER VIOLENCE: MANDATORY CASE FILING VERSUS FOLLOWING THE VICTIM'S LEAD*

Research Summary This study capitalized on differences in domestic violence prosecution policies between two boroughs of New York City. In Brooklyn, arrest cases generally are filed, but in the Bronx, cases typically are not filed when the victim does not want to proceed. We sampled 272 intimate partner cases declined by the Bronx prosecutor and 211 similar cases filed by the Brooklyn prosecutor. The Brooklyn policy is more costly, and most cases ultimately were dismissed. After 6 months, rearrest rates did not differ significantly between the two boroughs, although victims offered qualified support for the universal filing policy. Policy Implications Prosecutors face conflicting pressures when victims do not support prosecution. Victim empowerment and resource conservation favor declining such cases, but sending a message of zero tolerance favors filing. Our results support an intermediate policy of filing most cases but dropping them sooner to give victims a voice while avoiding heavy investments in cases headed for dismissal.     

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.     

ASSESSING MUTUAL PARTNER-ABUSE CLAIMS IN CHILD CUSTODY AND ACCESS CASES

This article explores issues associated with mutual claims of domestic violence in the context of research on gender and violence, and in the context of litigation tactics commonly employed by perpetrators in child custody and access cases. Quotations from parents involved in such cases illustrate why accurate assessment of mutual cliams requires complete information about social context and the analysis of patterns of domination, power and control in the relationship over time. Recent developments in Canadian law ought to enhance the ability of judges to take such evidence into account. The article aims to provide a lens through which to understand and assess such cases.     

PROTECTING LIVES,CAREERS, AND PUBLIC CONFIDENCE: FLORIDA'S EFFORTS TO PREVENT OFFICER‐INVOLVED DOMESTIC VIOLENCE

Florida's innovative Law Enforcement Families Partnership (LEFP) was created to reduce and prevent officer‐involved domestic violence in the state. Administered by the Institute for Family Violence Studies at Florida State University and supported by the criminal justice and victim's advocacy communities, the LEFP is the first statewide project of its kind. It includes several components, the cornerstone of which is an online curriculum that teaches officers about the dynamics and consequences of domestic violence perpetrated by officers. This article describes the project and early data from the surveys attached to the curriculum.     

INTIMATE PARTNER VIOLENCE IN THE MILITARY: SECURING OUR COUNTRY,STARTING WITH THE HOME1

This Note discusses domestic violence in the military. Currently, in cases of domestic violence in the military, the Case Review Committee uses the Incident Severity Index for Spouse Abuse to determine the severity of abuse. The Case Review Committee uses this index when determining treatment options for the perpetrator of domestic violence. However, this index is extremely inconsistent with the current views and emerging research of domestic violence. This Note identifies the problems with the current system and gives recommendations for ways to improve the system. The Note concludes that a new system would enhance the military's ability to combat domestic violence.     

INITIAL DEVELOPMENT OF A PSYCHOLOGICAL MODEL FOR JUDICIAL DECISION MAKING IN CONTINUING RESTRAINING ORDERS

Probate and family court judges are increasingly called upon to make rapid decisions regarding the continuance of restraining orders. These decisions are often made without the benefit of adequate background information or an awareness of which psychological and behavioral factors are most relevant. This action‐oriented research project develops a model that brings psychosocial factors to consideration for judges making decisions regarding the continuance of restraining orders. While further evaluation of the model is needed, the project's unique methodology highlights the value of interdisciplinary collaboration, multiple methods of inquiry, and the consideration of real‐world needs and constraints in developing decision‐making tools.     

EMPIRICAL ANALYSIS OF REFERRAL ISSUES AND “ULTIMATE ISSUE” RECOMMENDATIONS FOR PARENTS IN CHILD PROTECTION CASES*

Mental health professionals frequently respond to requests for clinical information on parents in child protection cases; however, little data exist on the issues precipitating requests or on the controversial practice of offering “ultimate issue” recommendations in forensic clinical reports. We investigated 243 requests for clinical information on parents and 204 clinician reports submitted for use in child abuse and neglect proceedings in a large, urban juvenile court system. We coded 56 objective and qualitative characteristics regarding referral questions, pending legal issues, and four levels of recommendations. We found that the most common referral questions related to service planning, parenting ability, and/or parents' mental health functioning, and the most common pending legal issues were selection or change of a permanency goal and visitation arrangements. Levels of recommendations varied with type of legal decision, in that clinicians always offered direct recommendations for narrow, statute‐based issues (e.g., termination of rights, adoption) and less so for other issues. Community‐based evaluators were more likely to offer direct recommendations than court‐based clinicians. Based on the findings, we offer practice recommendations and directions for further research in forensic parenting assessment.