Speaking for Themselves: Hope for Children Caught in High Conflict Custody and Access Disputes Involving Domestic Violence

The Speaking for Themselves (SFT) project sought to enhance the physical, emotional, and psychological safety of children exposed to domestic violence and high conflict custody and access disputes. Children were provided with both a trauma therapist and a lawyer, in an attempt to ensure their well-being while providing decision-makers with reliable and authentic information about these children’s circumstances. This project was an attempt to balance the “best interests” approach applied in family law decision-making with the value placed on a child’s right to be heard, an approach espoused by children’s rights advocates. This article presents the SFT philosophy, model program, and evaluation results.     

Chapter 9: Handling Interstate Child Custody Cases Involving Adoption,Parents in the Military,and Domestic Violence

This chapter suggests approaches for handling the complex jurisdictional issues that arise in interstate child custody cases involving adoptions, parents in the military, and domestic violence.     

Children Exposed to Domestic Violence: Making Trauma‐Informed Custody and Visitation Decisions

This article explores the risks for young children and the challenges for courts that emerge when parents who are victims or perpetrators of intimate partner violence seek court decisions on child visitation or custody matters. We focus particularly on children age five and younger, a group that is disproportionately represented in families affected by intimate partner violence, and especially vulnerable to its traumatic impact. We examine the literature on children's response to violence between their parents and the literature on parental alienation, a counter‐charge that may arise when one parent alleges violence as a reason to limit the other parent's access to the children. We look at challenges faced by both mental health professionals and courts involved in custody determinations and make policy recommendations to help courts make trauma‐informed decisions that best serve children.     

Domestic Violence Alleged in California Child Maltreatment Reports During the COVID-19 Pandemic

Journal of Family Violence - During the COVID-19 pandemic, reports to child abuse and neglect hotlines have dropped significantly across the United States. Yet, during this same period, calls to...     

Righting Domestic Violence

For too long human rights have been used to support a legalapproach to domestic violence which is non-interventionist.This article discusses the ways in which human rights can beused to compel an approach to cases of domestic violence whichrequires state action to protect those harmed by domestic abuse.It argues that the state has an obligation to protect its citizensfrom torture, inhuman and degrading treatment and this obligationis heightened in respect of vulnerable adults and particularlychildren. Further, correctly understood, rights to respect forprivate and family life, rather than being a barrier to stateintervention can be seen as justifying it.     

Is Domestic Violence Learned? The Contribution of Five Forms of Child Maltreatment to Men's Violence and Adjustment

On the basis of a learning-theory approach to the intergenerational transmission of violence, researchers have focused almost exclusively on violent men's childhood experiences of physical abuse and witnessing family violence. Little consideration has been given to the coexistence of other forms of child maltreatment or the role of family dysfunction in contributing to violence. This study shows the relationships between the level of child maltreatment (physical abuse, psychological maltreatment, sexual abuse, neglect, and witnessing family violence), childhood family characteristics, current alcohol abuse, trauma symptomatology, and the level of physical and psychological spouse abuse perpetrated by 36 men with a history of perpetrating domestic violence who had attended counseling. As hypothesized, a high degree of overlap between risk factors was found. Child maltreatment, low family cohesion and adaptability, and alcohol abuse was significantly associated with frequency of physical spouse abuse and trauma symptomatology scores, but not psychological spouse abuse. Rather than physical abuse or witnessing family violence, childhood neglect uniquely predicted the level of physical spouse abuse. Witnessing family violence (but not physical abuse) was found to have a unique association with psychological spouse abuse and trauma symptomatology. These results present a challenge to the understanding of domestic violence obtained from learning theory.     

A Longitudinal Study of Modifying Influences in the Relationship Between Domestic Violence and Child Maltreatment

The increased risk of child maltreatment in the presence of domestic violence is well documented, but much remains unknown about factors that modify this relationship. This study investigates the roles of risk and protective factors in the relationship between domestic violence and being reported to the Department of Social Services for child maltreatment. Consistent with the literature, we find a significant overlap between domestic violence and maltreatment. Young maternal age, low education, low income, and lack of involvement in a religious community add to the risk for maltreatment associated with domestic violence. Separation between the maternal caregiver and her partner significantly reduces the risk for maltreatment when domestic violence is reported. A significant reduction in the risk for maltreatment is also found with higher levels of support from the maternal caregiver reported by the child in the context of domestic violence.     

Situational Factors in Disputes Leading to Criminal Violence

This article examines the interactive process leading to criminal violence. Official data from 159 incidents of homicide and assault that were not committed in conjunction with other crimes and that resulted in incarceration were examined with respect to the actions of offenders, victims, and third parties. These incidents tended to follow systematic patterns. They began with identity attacks, followed by attempts and failures to influence the antagonist. Threats were made and finally the verbal conflict ended in physical attack. It appears that retaliation is a key principle in the escalation of these incidents in that aggressive actions by the victim were associated with aggressive actions by the offender and the likelihood that the victim would be killed. The importance of situational identities for retaliating was suggested bg the moderately strong relationship observed between identity attack and counterattack. Retaliation also occurred for strategic reasons, in that offenders were more likely to kill aggressive victims when those victims used weapons.