scholarly journals Empowering Domestic Violence Survivors Within the Family Courts

2022 ◽  
2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 


2021 ◽  
Vol 3 (1) ◽  
pp. 43-53
Author(s):  
Lisa Fischel-Wolovick

There is a significant body of research on gender bias against women in the family courts. During the Covid-19 pandemic, battered women's vulnerability to domestic violence increased on a global level as women experienced a significant increase in the severity of abuse. The problems of gender bias and the treatment of battered women and their children have a long history of human rights' abuses. In particular, battered mothers have been the focus of gender-biased theories of parental alienation, used as a defence against claims of abuse and child maltreatment, despite a lack of empirical validity and acceptance. Additionally, the family courts in the United States are closed to the public and as a result there is a lack of transparency and accountability. A large-scale national study revealed that many supporting mental health professionals who provide custody evaluations lack a formal graduate education in domestic violence and child maltreatment. Furthermore, legislative presumptions that favour joint legal custody in custody decisions and requirements of co-parenting, fail to take into consideration the long-term public health risks of such chronic traumatic exposure. Finally, this article will address needed systemic reforms that include increased transparency, longterm court-monitoring, and supporting mental health professionals with formal graduate education in trauma, child development, and abuse, to promote resilience in vulnerable families.


2007 ◽  
Vol 88 (3) ◽  
pp. 475-484 ◽  
Author(s):  
Judy L. Postmus ◽  
Sur Ah Hahn

The intertwined relationship between poverty and violence, especially in the lives of women on welfare, has been receiving critical attention since welfare reform. The Family Violence Option (FVO), an amendment to the Personal Responsibility and Work Reconciliation Act of 1996, gives states the flexibility to offer more time for battered women to seek safety. Kansas created the Orientation, Assessment, Referral, and Safety (OARS) program, in which the state's welfare system contracts services with advocacy organizations that provide on-site services for women who qualify to participate under the FVO. This study explored the interagency collaboration model used in Kansas by talking directly with domestic violence survivors about their experiences. The results from this study challenge practitioners to think differently about collaboration to meet the needs of domestic violence survivors on welfare.


2017 ◽  
Vol 16 (4) ◽  
pp. 415-431 ◽  
Author(s):  
Stephanie Holcomb ◽  
Laura Johnson ◽  
Andrea Hetling ◽  
Judy L. Postmus ◽  
Jordan Steiner ◽  
...  

2016 ◽  
Vol 23 (11) ◽  
pp. 1314-1335 ◽  
Author(s):  
Lesley Laing

This qualitative study explored the experiences of 22 domestic violence survivors attempting to negotiate safe post-separation parenting arrangements through the Australian family law system. Their allegations of violence put them at odds with a system that values mediated settlements and shared parenting. Skeptical responses, accusations of parental alienation, and pressure to agree to unsafe arrangements exacerbated the effects of post-separation violence. Core themes in the women’s narratives of engagement with the family law system—silencing, control, and undermining the mother–child relationship—mirrored domestic violence dynamics, suggesting the concept of secondary victimization as a useful lens for understanding their experiences.


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