A Systematic Approach to Domestic Abuse–Informed Child Custody Decision Making in Family Law Cases

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.

     

Does Media Violence Cause Violent Crime?

Over the past 60 years, hundreds of studies have shown that viewing violence in the media can influence aggressive behaviour. However, the vast majority of these studies are laboratory based, and tell us little about how media violence influences real criminal behaviour. This paper reviews research involving crime statistics, offender populations, and longitudinal studies to evaluate the claim that such a link exists. When integrated with other long-term studies on the development of crime, it is concluded that the link between media violence and crime is weak after other environmental factors are taken into account.     

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

Violence against care workers in psychiatry: is prosecution justified?

The number of (severe) violent incidents against staff caused by psychiatric inpatients is high. Victims often do not report these incidents to the police, because of various reasons. But if they do report these incidents, the judicial authorities are often reluctant in prosecuting and convicting these patients. The central question in this article is ‘in which cases is it appropriate to prosecute assaultive psychiatric patients?’In order to identify the influential factors in the decision in respectively reporting, prosecuting and convicting psychiatric patients who assault staff, a literature review has been performed. On the basis of this literature it is advised to report and investigate a case when the incident resulted in severe injury, the incident is a sexual offence, or when a patient repetitively causes violent incidents. Moreover, it appears that, although large amount of studies has been published on violence in psychiatry, the prosecution of violent psychiatric patients has hardly received any attention in the international literature. Empirical studies on this subject are suggested, in order to develop a uniform policy, which is embraced by all parties involved.     

Changing housing policy: women escaping domestic violence

Domestic violence has risen up the political agenda, as women's action has inspired changes in police, social work and legal practice. At the same time, one of the oldest pieces of legislation that protected women from violence - the Homeless Persons Act of 1977 - has been transmuted into the Housing Act of 1996. This legislation was introduced by a Conservative government, which was anxious to reduce the rights of homeless people to secure permanent accommodation, on the grounds that these rights gave incentives to pregnancy, lone parenthood and economic migrants. New Labour have softened the Housing Act to give more scope to local authorities to respond to homelessness. This article asks: What are the implications of changing homelessness rights under this legislation and subsequent regulations for women's ability to escape violent relationships and find long term solutions to the housing needs which domestic violence creates? How new is New Labour policy as expressed in housing regulations and its policy Green Paper?     

Anxiety disorders and intimate partner violence: can the association be explained by coexisting conditions or borderline personality traits?

Intimate partner violence (IPV) is a serious, preventable public health problem. IPV perpetration is strongly associated with Anxiety disorders at the population level. We investigated whether the association could be explained by coexisting psychiatric conditions or Borderline personality traits, using a combined data-set of two National Household Surveys (n = 15,973). Results showed women were more likely to report perpetrating IPV than men. Anxiety disorders were associated with IPV. When coexisting psychiatric conditions together with a categorical diagnosis of Borderline Personality Disorder (BPD) were investigated as explanatory variables, 19.2% of the association between Anxiety disorders and IPV was explained. Using individual Borderline traits in place of a categorical diagnosis of BPD, 58.3% of the association was explained. In conclusion, the association between Anxiety disorders and IPV was partly, but not fully, explained by coexisting psychiatric conditions and individual Borderline traits. Perpetrators of IPV should be screened for Anxiety disorders and among those with Anxiety disorders, Borderline traits are important.     

Evaluating the Violence Prevention Program: group and individual changes in aggression,anger, self-control,and empathy

While youth violence reduction program is a necessity to prevent long-term criminal and violent offending, its effectiveness in youth violent offenders is not well researched. This study investigated the effectiveness of the Violence Prevention Program (VPP) in addressing the aggression, anger, self-control, and empathy of youth violent offenders. One hundred and seventy youths (mean age 15.8 years) who completed VPP from 2008 to 2014 completed self-report measures on study outcomes both before and after the intervention. Repeated measures analyses revealed significant improvement in youths’ anger, aggression, and self-control at post-treatment, but changes in youths’ empathy were not significant. Subsequent analysis found that only youths with lower empathy scores at pre-treatment showed significant increase in empathy post-treatment. Overall, the results suggest that VPP can reduce aggression and mitigate the criminogenic needs of youth offenders. But its effect on empathy may be contingent on youths’ pre-treatment profiles. Limitations and implications for future studies are discussed.     

INCREASING THE PROPORTION OF DOMESTIC VIOLENCE ARRESTS THAT ARE PROSECUTED: A NATURAL EXPERIMENT IN MILWAUKEE*

Research Summary: Mandatory and pro‐arrest policies in domestic violence incidents have increased strains on prosecutorial and court resources. They have also brought to prosecutors many cases in which victims never wanted batterers charged and prosecuted. Prosecutors are faced with the dilemma of (a) screening out difficult cases up front and expending resources on fewer but more winnable case or (b) prosecuting a larger number of cases as adequately as resources will allow. We studied a natural experiment that resulted when the Milwaukee prosecutor liberalized his screening policy to double the number of domestic violence case filings. After the new screening policy was implemented, time to disposition doubled, convictions decreased, the prevalence of pretrial crime increased, and victim satisfaction declined. Policy Implications: The results do not support the idea that domestic violence cases can be readily prosecuted without regard for victim desires. To commit to such a policy would require a substantial commitment of additional staff, resources to collect additional types of evidence, and a willingness to try a substantially larger number of cases.     

对我国家庭暴力的成因和公力救济制度的思考

家庭暴力形成的原因有三个方面:主体方面;内部环境因素;外部环境因素。我国对家庭暴力的救济手段主要采用公力救济,但仍存在一些问题。因此,应从以下三个方面完善公力救济制度:改变对家庭暴力的认识;制定反家庭暴力的专门法律;加强执法力度。