Do Judicial Responses to Restraining Order Requests Discriminate Against Male Victims of Domestic Violence?

Every state in the United States authorizes its courts to issue civil orders of protection for victims of domestic violence. Ideally, restraining orders should be available to all victims. However, consistent with the patriarchal paradigm, research suggests that judicial responses to domestic violence temporary restraining order (TRO) requests may be sex-differentiated. This paper reports on a study that explored equal protection issues in family law by evaluating gender and violence profiles of a random sample of 157 TRO petitions involving intimate partners, dating couples, and married persons in a California district court. The majority of cases involved allegations of low or moderate levels of violence perpetrated by male defendants against female plaintiffs. Although there were no systematic differences in level of violence as a function of plaintiff sex, judges were almost 13 times more likely to grant a TRO requested by a female plaintiff against her male intimate partner, than a TRO requested by a male plaintiff against his female partner. Further analyses revealed that this sex differentiation was limited to cases involving allegations of low-level violence.

Prevalence of Intimate Partner Violence Victimization and Victims’ Relational and Sexual Well-Being

Research shows that experiences with intimate partner violence (IPV) harm victims’ individual well-being. Surprisingly, little is known about how IPV might impact on victims’ well-being at the relationship level. Based on a population-based study in Flanders (the Northern part of Belgium), this study concentrates on how lifetime experience with IPV impacts on victims’ relational and sexual well-being with their current partner. Ten percent of the population was confronted with physical violence and 56.7 % with psychological violence. Higher levels of IPV victimization corresponded with an adverse mental, relational (relationship satisfaction, attachment), and sexual (sexual satisfaction, sexual dysfunction, sexual communication) well-being in both women and men but except for the latter correlates, the effects were more pronounced for women than for men.     

‘First Among Equals’: Breaking the Deadlock in Parental and Sibling Funeral Disputes

Family disputes over a loved one’s funeral arrangements are increasingly frequent, with courts intervening if consensus cannot be reached. In many common law jurisdictions, the law favours the executor where the deceased made a will and the highest ranking next-of-kin where the deceased died intestate. But what if two or more people fall within the same kinship tier and have equal rights to determine the deceased’s fate—who has the final say? Adopting a uniquely comparative approach which draws the authorities together for the first time, this article analyses the factors devised by judges in Australia and England, and contrasts them with the discrete statutory tests adopted in parts of Canada and the United States. Having evaluated the various approaches, the article proposes its own hybrid legal solution for breaking the deadlock in so-called ‘equal kinship disputes’.     

Family Violence and Children’s Behavior Problems: Independent Contributions of Intimate Partner and Child-Directed Physical Aggression

Using data from a diverse sample of 581 families living in predominantly low-income, rural communities, the current study sought to investigate the longitudinal associations among father-perpetrated intimate partner violence (IPV) and child-directed physical aggression perpetrated by the mother. The unique contributions of each of these types of family violence on children’s behavioral problems at school entry were also examined. Results confirm bidirectional associations between father-perpetrated IPV and maternal physical aggression directed toward the child, and indicate that both types of physical aggression contribute to child behavior problems at school entry.     

Comparing the Social Service Utilization, Exposure to Violence, and Trauma Symptomology of Domestic Violence Female “Victims” and Female “Batterers”

Although some authors have suggested that women batterers may really be self-defending victims, to date, no research has been initiated to empirically support this assertion. This paper describes the design and outcomes of a research project that investigated the similarities and differences between women adjudicated as domestic violence batterers and women identified as domestic violence victims. Findings indicated group similarities in the areas of exposure to violence and social service utilization. Although both groups reported high levels of trauma symptomology, victim scores were significantly higher.     

The Use of Children as a Tactic of Intimate Partner Violence and its Relationship to Survivors’ Mental Health

Journal of Family Violence - Although prior research has established that intimate partner violence (IPV) often leads to increased depression, anxiety and post-traumatic stress disorder (PTSD),...     

Relationships Between Adult Women’s Mental Health Problems and their Childhood Experiences of Parental Violence and Psychological Aggression

We used the Parent-Child Conflict Tactics Scales (M. A. Straus, S. L. Hamby, D. Finkelhor, D. W. Moore, & D. Runyan, 1998) to assess retrospectively women’s childhood experiences of both mother and father physical abuse and psychological aggression, and assessed mother and father alcohol problems based on criteria derived from the Family History Research Diagnostic Criteria (N. C. Andreasen, J. Endicott, R. L. Spitzer, & G. Winokur, 1977). Data were collected from 447 women (age 18 or higher) from seven domestic violence programs and five substance use disorder treatment programs in a midwestern state. Using OLS regression with backward elimination (p < .10 as criterion for removal from the equation) we found that higher levels of mother physical abuse, father psychological aggression, and presence of mother alcohol problems predicted higher scores on the Beck Anxiety Inventory and Trauma Symptom Checklist. Higher levels of mother physical abuse and father psychological aggression predicted higher scores on the Beck Depression Inventory. Implications for research and practice are discussed.

Microcredit and Marital Violence: Moderating Effects of Husbands’ Gender Ideology

Evidence on the relation between women’s microcredit participation and their exposure to marital violence has been inconsistent across studies. This study examined how women’s various levels of microcredit participation are associated with marital violence against women (MVW), while also taking into account the husbands’ gender ideology. The study included 243 wife-abusive men in rural Bangladesh. Multiple regressions were performed to predict the frequency of MVW in the preceding year. Of the married women, 52.3 % were microcredit participants, 11.1 % of whom were active participants and 41.2 % nominal participants. The study showed that women’s active microcredit participation was negatively associated with MVW, and nominal participation was positively associated with MVW among the husbands who held a more conservative gender ideology. The findings suggest that women-focused microcredit interventions should also take into account men’s gender ideologies.     

Students’ Feelings of Safety,Exposure to Violence and Victimization,and Authoritative School Climate

Although many students feel unsafe at school, few malleable factors have been identified to increase students’ feelings of safety. Drawing on criminological behavior control theories, this study posits authoritative school climate as one such factor. With data from two nationally representative datasets, this study uses path analysis to examine the relationship between authoritative school climate and feelings of safety, as well as the extent to which this relation is explained by exposure to violence and victimization. Across both datasets, a more authoritative school climate was associated with increased feelings of safety at school. Both models also indicated that this relationship was explained in part by reduced exposure to violence and victimization, although the strength of this indirect effect varied across models. These findings suggest that strengthening students’ relationships with adults and increasing the fairness and consistency of rules in the school may both reduce exposure to violence and victimization and help students feel safer at school.     

Women’s Knowledge of the Domestic Violence Legislation in Erbil,Iraq and their Response to Spousal Violence

This study assessed the knowledge of 82 married women about existing legislations and law enforcement structure in Iraqi Kurdistan region to combat violence against women and women’s response to spousal violence. A female physician interviewed the participants using a specially designed questionnaire. The women possessed good knowledge about the presence of legislation (76.8 %) and related law enforcement structure (70.7 % to 74.4 %) to combat violence against women, but they lacked adequate knowledge about how to contact the law enforcement agencies. Women’s response to spousal violence primarily included self-defense (37.8 %) or keeping silent (26.8 %), rather than seeking justice (4.9 %). Women’s educational status was positively associated with reporting violence to police (52.1 % vs 29.4 %, p = 0.041) and the health staff (62.5 % vs 35.3 %, p = 0.015). Further research is needed to explore the reasons behind women’s poor knowledge of the details of the existing law enforcement structure and women’s reluctance to seek justice.     

Young Children’s Exposure to Intimate Partner Violence: Towards a Developmental Risk and Resilience Framework for Research and Intervention

This article employs a developmental risk and resilience framework to examine the impact of exposure to intimate partner violence on young children, particularly those facing economic hardship. In doing so, it reviews and weaves together two separate literatures, one on emotional and behavioral development in high-risk settings and the other on children exposed to adult domestic violence. The article ends by pointing to the need for further research and the promise that early interventions hold for helping children who are exposed to intimate partner violence and living in poverty.

Beyond a “Victims’ Right”: Truth-Finding Power and Procedure at the ICC

The drafters of the Rome Statute of the International Criminal Court were presented with a unique opportunity to shape the future of victim participation in international criminal legal proceedings. They were also faced with a critical dilemma – how can the International Criminal Court promote the interests of victims while simultaneously protecting the accused’s fair trial rights? In many respects the final draft of the Rome Statute left the task of defining the parameters of these potentially competing interests to the Court. As a result, a body of case-law has emerged, highlighting textual ambiguities in the Rome Statute and giving rise to novel developments in sphere of victim participation. Amongst the most prominent of these developments is the recognition of the right of victims to introduce evidence at trial. However, viewing this procedure simply as a fixture of the International Criminal Court’s regime of victim participation masks its true significance and potential. This article explores the idea that the Court’s approach to the evidentiary procedure regulating victim participation has given birth to quasi-investigative powers that have the potential to dramatically reconfigure the future of international criminal litigation.     

The Timeline Followback Interview to Assess Children’s Exposure to Partner Violence: Reliability and Validity

This study evaluated psychometric properties of the Timeline Followback interview—Children’s Exposure to Partner Violence (TLFB-CEPV), an event history calendar interview designed to assess children’s exposure to daily patterns of intimate partner violence. Participants were men (N = 107) entering batterer’s treatment, their female partners, and a custodial child (6–16 years). The TLFB-CEPV asked about days of partner physical aggression and children’s exposure to these episodes, and was administered to partners at pretreatment, posttreatment, 6 and 12 months. At each assessment, the percentage of days of any child exposure (PAE) and of children’s direct exposure (PDE) to violence were calculated. Parents completed measures of partner aggression and social desirability; parents, teachers, and children completed measures of children’s adjustment. TLFB-CEPV scores had excellent temporal stability and strong evidence of concurrent, discriminant, and criterion validity. Interrater agreement for TLFB-CEPV scores was moderate at initial assessment, but high at subsequent follow-up interviews. This project was supported, in part, by grants from the National Institute on Drug Abuse (R01DA12189, Fals-Stewart), the Alpha Foundation, and Old Dominion University.     

Traffick jam: a policy review of the United States’ Trafficking Victims Protection Act of 2000

The United States enacted the Trafficking Victims Protection Act (TVPA) of 2000 to combat organized networks specializing in the illicit transport of human beings across political and geographical boundaries. This response has engendered conflicting definitions and competing agendas attributable to the definition set forth by the TVPA, which divides the crime into ‘sex’ verses ‘labor’ trafficking. The European Union (EU) adopted a different and detailed definition introduced by the United Nations. This paper explores the disparity in anti-trafficking policies of the United States and the EU. By contrasting these efforts, recommendations to strengthen U.S. policy by adapting certain EU practices to an American context are suggested.     

Real Lives and Lost Lives: Making Sense of ‘Locked in’ Responses to Intimate Partner Homicide

The problem of intimate partner homicide is featuring increasingly on national and international policy agendas. Over the last 40 years, responses to this issue have been characterised by preventive strategies (including ‘positive’ policing; the proliferation of risk assessment tools, and multi-agency working) and post-event analyses (including police inquiries and domestic homicide reviews). In different ways, each of these responses has become ‘locked in’ to policies. Drawing on an analysis of police inquiries into domestic homicides in England and Wales over a 10-year period, this paper will explore the nature of these ‘locked in’ responses and will suggest that complexity theory offers a useful lens through which to make sense of them and the ongoing consistent patterning of intimate partner homicide more generally. The paper will suggest this lens in embracing what is known and unknown affords a different way of thinking about and responding to this problem.

     

Victims’ perceptions of the police response as a predictor of victim cooperation in the Netherlands: a prospective analysis

The current study prospectively explores whether crime victims’ willingness to cooperate with the police is predicted by victims’ perceptions of police officers’ behaviour with regard to their case through their perceptions of police legitimacy. Structural equation modelling was used to examine the interrelationships between the study variables while controlling for baseline values among a sample of 201 crime victims in the Netherlands. Results indicate that victims’ perceptions of procedural justice and police performance were predictive of both indicators of perceived police legitimacy (i.e. obligation to obey the law and trust in the police). Moreover, victims’ willingness to cooperate with the police was indirectly predicted by victims’ perceptions of procedural justice and police performance, through their perceptions of obligation to obey the law. These findings suggest that police officers may play an important role in stimulating victims’ willingness to cooperate with the police by treating victims fairly and by taking investigative actions to solve the crime.     

When “Shelter-in-Place” Isn’t Shelter That’s Safe: a Rapid Analysis of Domestic Violence Case Differences during the COVID-19 Pandemic and Stay-at-Home Orders

Journal of Family Violence - This study explored the COVID-19 pandemic’s impacts on domestic violence (DV) with the following research questions: 1) Did DV occurring during the pandemic...     

The Consequences of Victim Physical Attractiveness on Reactions to Injustice: The Role of Observers’ Belief in a Just World

Two studies explored Dion and Dion’s (Journal of Personality and Social Psychology, 52, 775–780, 1987) suggestion that the belief in a just world may contribute to the “beauty is good” stereotype. In Study 1, we found that participants rated the death of a woman as more tragic and unfair when she was physically attractive than less attractive. Participants were also more punitive towards agents of harm when the victim was physically attractive. In Study 2, we varied the extent to which a woman suffered from a house fire and asked participants to later recognize the woman’s picture among several choices varying in physical attractiveness. Participants who learned that the woman suffered a great deal remembered her to be less physically attractive than when her suffering was minimal. The results are discussed in terms of how the justice motive contributes to the evaluative and moral importance attached to physical attractiveness.

Child–Parent Violence: An Empirical Analysis of Offender, Victim, and Event Characteristics in a National Sample of Reported Incidents

Child–parent violence (CPV) is arguably the most under-researched form of family violence, despite an extremely high rate of occurrence and increasing prevalence. Prior research has been plagued by shortcomings including, but not limited to, a reliance on small clinical samples, age parameter restrictions, antiquated data, undefined parental relationships, and conflicting findings across studies. The current research examined a large cross-national sample of reported offenders (n = 17,957), collected as part of the 2002 National Incident Based Reporting System (NIBRS). Extrapolated from past literature, victim and offender demographics and incident characteristics are analyzed using chi-square tests and logistic regression to establish baseline findings from a more comprehensive sample of data than previously existed. Aggregate results suggest, in part, that white biological mothers older than 40 years of age are most likely to be victimized by their male children 14–17 years of age. Further, a majority of assaults involve personal weapons and tend to result in minor injury or no injury with very few offenders under the influence of alcohol or drugs. This work both corroborates and contrasts past finding of CPV research providing new insights into this complex crime and the baseline data needed to inform theory and test hypotheses.