Women, Intimate Partner Violence, and the Law

Author(s):  
Heather Douglas

This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children’s contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser’s myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement, providing new opportunities for continued abuse. Countless women who have experienced intimate partner violence are enmeshed in overlapping, complex, and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They also highlight the regular failure of legal processes and actors to comprehend the significance of nonphysical abuse. Women show how legal system actors’ common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity, and time this often required.

Author(s):  
Leigh Goodmark

This chapter addresses the question, what is justice, in the context of intimate partner violence (IPV) and examines the use of law and the legal system for the prevention of IPV revictimization (tertiary prevention). The chapter highlights the limitations of the law and criminal legal system for achieving justice for specific groups of IPV survivors, and the potential for this system cause further harm. The chapter considers alternatives to the traditional criminal legal response to IPV to secure justice and safety for IPV survivors.


Pedagogiek ◽  
2020 ◽  
Vol 40 (2) ◽  
pp. 205-231
Author(s):  
Corine de Ruiter ◽  
Marilien Marzolla ◽  
Niki Ramakers

Abstract High Conflict Divorce as a Complex Family Problem: Why Domestic Violence Screening is EssentialHigh Conflict Divorce form 20% of separations that involve children. These parents continue to litigate child custody and parenting arrangements, and accuse each other of child abuse, intimate partner violence, and mental health problems. The children suffer because of longstanding animosity. In this contribution, we report on a pilot study among 102 parents in a high conflict divorce, assessed at the Child Protection Council, Safe Home, or a child welfare service. The MASIC, a structured screening interview for intimate partner violence (IPV), was administered to each parent separately. Results revealed that the prevalence of different types of IPV was extremely high in our sample, and the violence kept occurring after the divorce, albeit somewhat less frequently. Our findings largely concur with international research in this area. In particular, the presence of coercive controlling violence perpetrated by one of the ex-partners, should prompt the professional to conduct further evaluation of parental and child safety. The type of IPV that emerges from the MASIC screening has implications for the advice to the parents and the family court.


Author(s):  
Heather Douglas

This chapter focuses on the women’s interaction with child protection workers and he child protection system in the context of intimate partner violence (IPV). Many women who have experienced IPV have contact with child protection services (CPS); some contact CPS seeking help, and others are investigated by CPS as a result of IPV and complaints made about their mothering. Three key themes are explored in this chapter. Women felt they were held to account by CPS workers for their ex-partner’s IPV. A number of women reported that their partners made malicious allegations to CPS about them, leading to lengthy and stressful investigations that resulted in no concerns being found about their mothering. Some women’s experiences highlighted the complex experience of IPV, intergenerational trauma, and CPS involvement.


2021 ◽  
Vol 27 (2) ◽  
pp. 173-195
Author(s):  
Jill Theresa Messing ◽  
Meredith E Bagwell-Gray ◽  
Allison Ward-Lasher ◽  
Alesha Durfee

Protection orders (POs) are one legal system resource available to survivors of intimate partner violence. Many survivors choose not to obtain a PO, yet prior research has not examined the perspectives of these survivors. This study examined the open-ended survey responses ( n = 308) regarding the choice not to obtain a PO by survivors residing in emergency shelters in the United States. Content analysis indicated that many survivors made deliberate decisions to not seek safety through this venue. Survivors indicated that a PO may increase their partner’s violence, identified substantial barriers, evaluated a PO as unnecessary, preferred alternative strategies, were dealing with complex partner dynamics, and chose to protect their loved ones by not seeking a PO. Women with marginalized identities, in particular, indicated that there are multiple costs to seeking interventions within the legal system. Structural changes are needed within the legal system to facilitate access to justice for survivors.


Author(s):  
Heather Douglas

This final chapter affirms the importance of listening to women’s experiences when considering how legal responses to intimate partner violence might be improved to make women safe. The chapter reviews key themes identified in the book, including abusers’ use of the legal system to continue abuse and the role of child protection workers, police, lawyers, and judges in facilitating that abuse. It highlights a common and continuing failure of those who work in the legal system to recognize the significance of nonphysical abuse, to persistently misunderstand the dynamics of separation and ultimately, to fail to prioritize safety. This chapter makes recommendations for law and policy reform toward making the legal system safer.


Author(s):  
Heather Douglas

The chapter outlines the approach and methodology of the study that underpins this book. This study draws on interviews with 65 women who have experienced intimate partner violence (IPV) and interacted with the legal system. The women were interviewed on three occasions over a 3-year period to understand how their experiences of law changed over time. This chapter also describes the characteristics of the women who took part in the study and the limitations of the study. It provides an overview of previous studies that have interviewed people over time and considers the choice of language used in this book.


Author(s):  
Heather Douglas

This chapter explores women’s interactions with judges when they appeared before them in relation to protection orders and child custody orders after experiencing intimate partner violence (IPV). Commonly women identified that judges prioritized physical violence and minimized other forms of abuse and that they seemed to align with abusers, discounting the women’s experiences of abuse. Women identified that judges often lacked preparation for hearings, rubber-stamped witness subpoenas, and failed to stop irrelevant witness examination. They explained how these approaches facilitated their partner’s misuse of the legal system as a tactic of abuse. Women also discussed how judges, especially in the family courts, prioritized fathers’ rights to contact with children over safety. However, women’s stories also demonstrated resistance to their abuser’s control over them through the courts, and their efforts to ensure the safety of their children regardless of court orders.


2011 ◽  
Vol 34 (2) ◽  
pp. 94-98 ◽  
Author(s):  
Catherine Cerulli ◽  
Rebecca A. Gellman ◽  
Corey Nichols ◽  
Dale Hall ◽  
Kenneth R. Conner ◽  
...  

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