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1.
Fernanda S. Rossi Amy Holtzworth‐Munroe Amy G. Applegate Connie J. Beck Jeannie M. Adams Darrell F. Hale 《Family Court Review》2017,55(3):390-403
Whether family law cases with a history of severe intimate partner violence and/or abuse (IPV/A cases) should have the option of settling family‐related issues using mediation is the subject of significant debate. Recommendations for potentially safer ways to mediate IPV/A cases have been developed, including shuttle and online mediation. Given the current lack of research on these forms of mediation with IPV/A cases, we review the research on shuttle and online mediation in other contexts and theorize how the findings might apply to IPV/A cases. We argue that, although online and shuttle mediation may benefit IPV/A cases, aspects of these procedures require special considerations. 相似文献
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The aim of this study is to investigate the factors associated with the acceptance of wife beating among currently married
men and women living in disadvantaged Palestinian refugee camps in Jordan. The study uses data from a cross-sectional survey
of 3,100 households from 12 refugee camps, conducted in 1999, with a sub-sample of 395 married women and men selected for
this analysis. Associations between acceptance of wife beating and experience of abuse as well as other risk factors are assessed
for men and women separately, using χ
2 tests and odds ratios from binary logistic regression models. The majority of men (60.1%) and women (61.8%) believe that
wife beating is justified in at least one of the eight hypothetical marital situations presented to them. Among women, those
that had been victims of intimate partner violence are significantly more likely to report acceptance of wife beating. Among
men, acceptance of wife beating is also significantly associated with their current age, labor force participation, their
view on women’s autonomy, and their own history as perpetrators of IPV. The majority of respondents justify wife beating in
this context, with essentially no difference between men and women. Acceptance of wife beating by both men and women was strongly
associated with previous experiences of wife beating adjusting for other risk factors. 相似文献
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This study investigated whether reported levels of intimate partner violence (IPV) and/or abuse (IPV/A) victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Whether or not parties reached agreement was analyzed for 105 cases at a law school mediation clinic. Agreement content was coded for the 71 cases that reached agreement. Levels of IPV and IPV/A were determined separately for males and females, using a standardized measure. Regression models were utilized to examine reports of IPV or IPV/A as predictors. Results indicated that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns; levels of partner violence/abuse predicted numerous issues in mediation agreements, including arrangements regarding legal custody, parenting time, holidays, child exchanges, interparental communication, safety restrictions, counseling referrals, child support, financial arrangements, and other miscellaneous topics (e.g., relocation). However, some findings were consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A; for example, increasing levels of male‐perpetrated IPV/A predicted increased likelihood of making an agreement to share legal custody. Further research is needed to resolve the longstanding debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
- Key Points for the Family Court Community
- This study adds to the debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
- It examines whether reported levels of IPV and IPV/A victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues.
- Results provide some evidence that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns.
- However, some findings are consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A.
- Findings have implications for the practice of family mediation with parties reporting a history of IPV or IPV/A.
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Desmond Ellis 《Family Court Review》2015,53(4):650-662
This article critically evaluates the recommendation that family court–based mandatory mediation incorporated in a tiered service delivery model be replaced by a mandatory screening process incorporated in a stepping stones triage model in which couples are matched with an appropriate conflict resolution proceeding. My conclusion is that implementation of this recommendation should be made contingent upon the willingness of its advocates to address concerns with the safety, process, and objectives as described herein.
- Key Points for the Family Court Community:
- Domestic violence screening should be incorporated in the larger triadic process of screening–risk assessment–risk management.
- A Safety First Rule should be followed in screening couples into or out of conflict resolution proceedings.
- Screening decisions must be grounded in an empirically validated method of matching couples with appropriate conflict resolution proceedings.
- Causal mechanisms must be included as items in any risk assessment instrument used in family courts.
8.
Sarah Beechay 《Family Court Review》2019,57(4):539-553
New York State's current lack of legislation criminalizing the threat of revenge porn allows repetitive, invasive, and embarrassing attacks on the morality and sexuality of victims. This can have a severe impact on survivors of domestic violence who are prevented from leaving dangerous situations by threats of dissemination. Victims of revenge porn and domestic violence often face isolation, threats of violence, and thoughts of suicide. This Note proposes that threats of revenge porn become family offenses under the New York Family Court Act § 812. 相似文献
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Nicola Graham-Kevan 《European Journal on Criminal Policy and Research》2007,13(3-4):213-225
The European Union is in the early stages of developing policy and practice guidelines for dealing with domestic violence
offenders. There is a real danger, however, that that policy and practice is going to be shaped by political lobbyists rather
than academic literature and evidence-based practice. Feminist advocates control the curriculum of domestic violence perpetrator
programmes in the US and more recently in the UK and proscribe treatments that do not conform to their conceptualisation of
domestic violence. Feminist advocates conceptualise domestic violence as unilateral male-to-female violence enacted to control
and dominate women, supported by the patriarchal beliefs and systems of the wider society. Academic support for this theory
is lacking, however, and scientifically sound evaluations find that programmes based on this philosophy have little or no
effect on recidivism. Empirical literature suggests that domestic violence is not a unitary phenomenon and that perpetrators
are a heterogeneous group whose treatment should match their crimingenic needs and risk. 相似文献
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Leslie E. Tower 《Journal of family violence》2006,21(4):245-257
Domestic violence (DV) is a pervasive and serious threat to women's lives and well-being. Medical social workers, family practitioners, and obstetrician–gynecologists are in key positions to screen and offer help. Florida NASW members and board certified family practitioners and obstetrician–gynecologists were mailed a psychometrically tested scale. A total of 388 surveys were analyzed. Education (especially the number of in-service hours) and the presence of institutional supports, decreased barriers to screening, increased screening behaviors, and lead to increased victim identification. Only 20.8% of participants always or nearly always routinely screened for DV; 24.0% reported that routine screening did not apply to their role. Self-Efficacy was the strongest predictor of screening behavior with Fear of Offending, Safety Concerns, CEUs/CMEs, and in-service hours contributing approximately equally to the prediction of screening behavior. 相似文献
12.
Gabrielle Davis 《Family Court Review》2015,53(4):565-577
This article introduces an approach to domestic violence–informed decision making developed under the auspices of the National Child Custody Differentiation Project, a cooperative undertaking among the Battered Women's Justice Project, the Association of Family & Conciliation Courts, the National Council of Juvenile & Family Court Judges, Praxis International, and the U.S. Department of Justice Office on Violence Against Women. This approach has four essential elements: (1) identifying domestic abuse; (2) understanding the nature and context of domestic abuse; (3) determining the implications of abuse; and (4) accounting for the nature, context, and implications of abuse in all custody‐related recommendations and decisions.
- Key Points for the Family Court Community:
- Applying a systematic approach to domestic violence can help practitioners identify, understand, and account for abuse in family law cases.
- The approach recommended here is suitable for use by anyone who is involved in a contested child custody case at any stage of the proceeding.
- The specific application of the recommended approach will vary depending upon the practitioner's role and function in the case, relationship to the parties, and access to information, as well as the nature of the proceeding and the issues to be decided.
13.
Jennifer VanBuren Trachtenberg Stephen A. Anderson Ronald M. Sabatelli 《Journal of family violence》2009,24(7):471-483
The relationship between work-home conflict and domestic violence is examined using data from 295 adults, who worked full
time and were in serious relationships. Job satisfaction, gender, gender role attitudes, type of employment, and socioeconomic
status were examined as predictors of work-family conflict. Backward stepwise regression analysis revealed that job satisfaction
was the only predictor of work-home conflict. Regression analyses were again conducted to determine the moderating effects
of general well-being, alcohol use, family of origin violence witnessed or experienced, communication skills, and social support
on the relationship between work-home conflict and domestic violence. Both family of origin violence witnessed and personally
experienced were revealed as moderators of this relationship. The remaining potential moderators were submitted to regression
analyses to determine if they might, instead, be mediators. These analyses revealed that negative communication skills and
social support mediated the relationship between work-home conflict and domestic violence. 相似文献
14.
The aim of this study was to investigate the relationship between family dysfunction and domestic violence with violent behavior of university students in North Jordan. A stratified random sample included 1560 undergraduate students from three universities. The distribution of self- administrated questionnaire was done based on the schedule of registration made by the department of the admission and registration at each university. The results revealed a prevalence rate of 11.9% concerning participation in violence (quarrels) among students at the three universities during the last 3 years. About 16.5% of students who participated in the study indicated that their families suffer from dysfunction. Participation of students in quarrels was significantly affected by witnessing and exposure to domestic violence. Students who participated in the study ranked first the family as institution that contributed to acquiring violent behavior, followed by the surrounding community, media, school, and finally university. In conclusion, domestic violence and family dysfunction appear to be significant factors leading to occurrence of violence among university students. 相似文献
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目前我国司法实践在处理受虐妇女杀夫案时直接进入量刑阶段,忽视了适用出罪事由实现无罪的可能性。在此类案件中,虽然因不存在正在进行的不法侵害而不能适用正当防卫,但针对危险引发者的防卫行为则可以运用其他紧急权资源。受虐妇女因无法忍受家庭暴力而杀害丈夫的行为,构成防御性紧急避险。然而紧急避险的正当化根据,不应采取功利主义的法益权衡说,而应采取社会团结义务说。即仅在理性人自愿负担的社会团结义务的限度以内才能成立违法阻却事由,因侵害生命的避险行为超出了社会团结义务的限度而无法得以正当化,但可能成立以无期待可能性为基础的责任阻却性紧急避险,这与我国《刑法》第21条的规定并不矛盾。 相似文献
17.
Judith Milner 《Liverpool Law Review》2008,29(1):67-80
This article offers a new perspective on the assessment, treatment and management of adults who are violent to their partners.
Using a worked case example, it describes how a solution-focused approach is used to develop, and evidence, safety for all
family members.
相似文献
Judith MilnerEmail: |
18.
While separate evidence exists that married military women have high rates of both intimate partner violence victimization
and aggression, little is known about the context of this violence, including the extent to which the violence committed toward
and by military women is physical, psychological or sexual, whether the violence is unilateral or bi-directional, and the
extent of injury sustained or inflicted. In order to gain a more multi-dimensional understanding of the violence in the lives
of military women, this study involved 248 enlisted females who completed a self-report survey about themselves and their
spouses’ behavior. Results indicate that the majority of violence reported was bi-directional and symmetrical in terms of
type and level of severity. However, enlisted females were more than three times as likely to be victims of unilateral severe
violence as their male civilian spouses. Demographic factors associated with these patterns of violence were also identified.
相似文献
Mary Ann ForgeyEmail: |
19.
Alice G. Yick 《Journal of family violence》2007,22(5):277-285
Ethical principles are often presented as universal, immutable rules. However, when conducting research with ethnic minority
groups, such as Asian Americans and immigrants, ethical issues need to be placed within a sociocultural context as ethical
responses are filtered through the specific value orientations and belief systems of the ethnic group under study. Further,
when the group is a marginalized population, power dynamics complicate ethical principles of autonomy. The complexities are
further accentuated with sensitive topics such as intimate violence or domestic violence. Consequently, ethical questions
about autonomy, informed consent, confidentiality, limits to confidentiality, and protecting participants’ safety and reducing
distress need to be at the forefront when planning intimate violence research. An overview of sociocultural context of Western
biomedical ethics is presented and specific ethical issues that emerge when conducting intimate violence are discussed. 相似文献
20.
Protection from abuse orders have been presented in the contemporary literature as one of many tools in protecting battered
women. While protection from abuse orders provide legal protection from abuse, many abusers violate these court orders. The
current study describes the characteristics of 1,873 alleged domestic violence abusers in Sedgwick County, Kansas. Data were
collected from protection from abuse filings over a 12-month time frame. The data were used to examine the demographics of
offenders as well as to assess the prior arrests of the offenders. Results showed that abusers were typically white males,
average age of 33 with extensive past criminal arrest histories. 相似文献