MEDIATION AND DOMESTIC VIOLENCE

This article summarizes policies and procedures used by various courts in the United States in responding to domestic violence. Over 200 courts and services were contacted under a grant from the State Justice Institute in developing this survey. The article covers the profile of mediation services, mediator training regarding domestic violence, screening for domestic violence and protocols used.     

Culture and domestic violence: transforming knowledge development

Cultural competence continues to receive limited attention in domestic violence service provision from research to the evaluation of programs. Yet with changing demographics reflecting larger numbers of people of color and increasing needs for more effective responses, it is critical that we change the way we think about domestic violence. Using a feminist framework, this article examines how knowledge has been developed in domestic violence and its consequence related to service provision and perceptions. The article ends with recommendations as to how to better include culturally competent responses in domestic violence.     

Screening by Healthcare Staff for Domestic Violence Against Women in Israel - Ethical and Legal Aspects

This paper describes the ethical and legal aspects involved in healthcare Staff screening women for domestic violence in Israel. The primary aim of this article is to present the legal and ethical aspects of domestic violence in general, and of screening for violence, in particular. This article describes tools that play a crucial role in helping care for women who have been subjected to domestic violence, with an emphasis on the ethical dilemma stemming from the conflict between upholding moral conduct and individual autonomy versus ensuring the safety of patients who have been subjected to domestic violence and the need to provide high quality professional care.     

Combating Domestic Violence During COVID-19: What Does the Chinese Experience Show Us?

Previous evidence demonstrates that a public health crisis triggers and intensifies domestic violence, especially against women. The pandemic of COVID-19 supported this observation, as the world witnessed an increase in domestic violence. China has witnessed a similar trend. While the Chinese government is applying a stringent model of virus control measures over COVID-19 when compared to certain other countries, many questions remain: How is this impacting the situation of domestic violence in China? What has China done to combat domestic violence during COVID-19? What can we learn from the Chinese experience? This article intends to answer these questions by reviewing reports and media coverage and conducting interviews with stakeholders. First, it examines causes of domestic violence during COVID-19. Second, it analyses the types and features of domestic violence during COVID-19. Third, the article intends to discover the current difficulties in combatting domestic violence. Fourth, it presents good practices for specific local areas. Last, it concludes with recommendations for tackling domestic violence during public health crises, such as the COVID-19 pandemic, by understanding the Chinese experience.     

Prosecuting Domestic Violence without Victim Participation

This article explores the evidential challenges victim withdrawal presents in domestic violence cases. More specifically it examines innovative measures taken in the United States to overcome problems of proof typically associated with domestic violence prosecutions. These evidentiary initiatives have facilitated a shift towards so–called 'victimless' prosecution in the context of domestic violence which dispenses with victim participation. Drawing upon a 'freedom model' of criminal justice, this article examines whether recent developments in the United States might be emulated as a means of addressing the high rate of attrition in domestic violence cases in England and Wales.     

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.     

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.     

我国反家庭暴力的立法研究

家庭暴力破坏家庭的和谐与稳定,已经成为社会的公害。从分析家庭暴力的概念和成因入手,通过对中国立法现状和外国立法经验的总结,从立法、司法层面提出了构建我国未来的家庭暴力防治法的建议。     

Stalking in the Context of Domestic Violence

Abstract

This article examines the effect of criminal justice intervention in domestic violence on stalking in that relationship. Almost two hundred female victims of misdemeanor domestic violence in three jurisdictions were interviewed three times after their cases had closed. Qualitative interviews were conducted with a subsample of 21 victims who had experience with stalking. Specific court outcomes in domestic violence cases and whether or not the victim cooperated with the prosecution do not impact whether or not a domestic violence victim experiences subsequent stalking. Women who experienced stalking in addition to domestic violence were more likely to use the system in the future than women who just experienced domestic violence. The qualitative interviews revealed additional findings regarding victims' opinions of the criminal justice response to stalking in the context of domestic violence.     

家庭暴力的危害、形成原因和防治办法

家庭是社会最小的细胞,家庭暴力直接影响到社会的安定团结.本文在分析产生家庭暴力原因的基础上,阐述了家庭暴力对家庭乃至社会产生的负面影响,提出了防治家庭暴力一方面要不断提高人们的自身素质,另一方面必须依靠法治.     

"Women must endure according to their karma": Cambodian immigrant women talk about domestic violence

Asian populations living in the United States share similar cultural values that influence their experiences with domestic violence. However, it is critical to recognize how differential cultural beliefs in the context of immigration and adjustment to life in the United States affect attitudes, interpretations, and response to domestic violence. This article discusses findings from community-based participatory action research that explores how Cambodian immigrant women talk about domestic violence, what forms of abuse contribute to domestic violence, and what strategies they use to cope with and respond to abuse in their lives. The richness of this research lies in the stories that immigrant women tell about their struggle and their strength in addressing domestic violence.     

Correctional Officers and Domestic Violence: Experiences and Attitudes

This article presents the first statewide data regarding correctional officers’ attitudes about and personal experiences with domestic violence. Online surveys were administered to Florida correctional officers asking a series of questions, including their beliefs and attitudes about the prevalence of domestic violence among colleagues, and their childhood and adult experiences with domestic violence. Results from 710 officers revealed that 33?% of respondents knew about correctional officers who had committed unreported domestic violence; 30?% reported that they had directly experienced domestic violence as children; and over 11?% reported that they had been physically violent with an intimate partner. Multivariate statistics showed that age, race, and childhood experiences with domestic violence were significantly related to correctional officers reporting being physically abusive to an intimate partner or family member. These and other findings highlight the need for increased agency prevention efforts and research on the phenomenon of correctional officer-involved domestic violence.     

The Effects of Domestic Violence on the Formation of Relationships Between Women and Their Babies: “I Was Too Busy Protecting My Baby to Attach”

Until now, research into the effects of domestic violence on the formation of relationships between women and their babies has been from an attachment theory perspective. The research reported in this article takes a different approach. Innovative qualitative research methods are used to uncover knowledge about the formation of such relationships from the lived experiences of sixteen women who have mothered babies while enduring domestic violence. Analysis of the findings in this study identifies domestic violence constitutes an environment of sustained hostility where women respond with maternal protectiveness to maximise their babies’ physical and psychological safety whether or not they had attained a secure relationship. However, women recognize domestic violence constricts space to form close mother/baby relationships. Supported by these findings, this research suggests policy and practice concerned with relationships between women and babies subjected to domestic violence address protectiveness and space to attach. The article concludes with suggestions for further research.     

Evolving Federal Policies and Their Implications for Greenbook Interventions

This article addresses the influence of the Greenbook on federal policy in the past 20 years and traces the history of federal policy responses to the co‐occurrence of domestic violence and child maltreatment. While there has been some success in getting the domestic violence and child abuse fields to embrace equally the needs of adult and child survivors of domestic violence, federal legislation has progressed slowly, reflecting that ambivalence. Strengthening cross‐system policy advocacy and increasing evidence that addressing domestic violence improves outcomes for children are identified as ongoing needs.     

Toward a Feminist State: What Does ‘Effective’ Prosecution of Domestic Violence Mean?

This article examines domestic violence criminal prosecutions and addresses what 'effective' prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that 'effective' prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus .     

Creating Justice Through Balance: Integrating Domestic Violence Law into Family Court Practice

Freedom from domestic violence is a central right that will be realized through a transformation of culture. Law, embedded within the evolving cultural transformation, plays a necessary, though not sufficient, role in social change. This article reviews the development of family and domestic violence law. It compares and contrasts the core precepts of family and domestic violence jurisprudence with resulting practice and policy ramifications arising from the inherent substantive tensions. Finally, critical civil legal system actors, courts, and attorneys are challenged to apply and practice domestic violence law in the struggle to afford justice for all.     

Predicting the occurrence of stalking in relationships characterized by domestic violence

A high correlation has been found between domestic violence and stalking. However, very few studies have examined what factors predict the occurrence of stalking in relationships characterized by domestic violence. Using in-depth interviews with victims of domestic violence whose cases have gone through the criminal justice system, this article explores this issue. It was found that experiences of stalking by their abusers were very prevalent in this group of domestic violence victims. In terms of predicting stalking, domestic violence victims who were not in a relationship with their abuser, whose abusers had an alcohol or drug problem, who experienced more controlling behaviors by their abusers, and who had experienced prior stalking by their abusers were at the greatest risk of experiencing more severe stalking. Implications for intervention are discussed.     

What would they do? Latino church leaders and domestic violence

Understanding what Latino church leaders believe about domestic violence, and what they do when they confront it, is a key step in developing programs to help them engage in domestic violence prevention and intervention activities in their congregations. This article presents the findings from an exploratory study of 28 Latino church leaders. The study surveyed respondents' beliefs about domestic violence and asked for their reactions to three domestic violence vignettes they might encounter. We found that study participants were willing to respond to cases of domestic violence in what we would define as constructive ways. However, some responses suggested potentially unsafe and ill-advised reactions to the vignettes. We discuss our study's implications for practice and suggest future directions for additional research.     

Judicial Monitoring of Compliance: Introducing 'Problem Solving' Approaches to Domestic Violence Courts in England and Wales

This article examines the development of specialist domesticviolence courts. It overviews the features of ‘problemsolving’ courts and considers the extent to which thefledgling domestic violence courts in England and Wales areadopting the problem solving approaches found in some specialistcourts in the United States of America. Whilst noting some ofthe successes of the first seven domestic violence courts inEngland and Wales, the article concludes that more effectiveinterventions in domestic violence cases can be achieved throughgreater involvement of the judiciary in ongoing monitoring ofthe defendant’s compliance with court ordered perpetratorprogrammes.     

Police civil liability for inappropriate response to domestic assault victims

Over the last several years, the criminal justice system has encouraged survivors of domestic abuse to report their victimization to law enforcement authorities. While some pieces of evidence suggest that police are more sensitive to the plight of domestic survivors, law enforcement response remains incomplete and problematic. This article explores this issue, focusing on police civil liability for inappropriate response to domestic violence. It discusses a specific legal remedy—the equal protection clause of the Fourteenth Amendment—highlighting the circumstances under which police are held liable when they fail to prevent victims' injuries because of their inappropriate response to domestic violence. The article concludes that police need more training and education on family abuse so they can become more responsive to victims of domestic violence.