Secondary Victimization of Abused Mothers by Family Court Mediators

Can This Provider Be Trusted? A Review of the Role of Trustworthiness in the Provision of Community-Based Services for Intimate Partner Violence Survivors

While there is a growing literature on intimate partner violence (IPV) survivors and service providers, it is limited by its largely atheoretical and descriptive nature, and its emphasis on individual-level survivors' help-seeking. We seek to broaden our understanding by shifting the focus onto organizations and service systems and introducing the concept of these providers' trustworthiness toward survivors. Provider trustworthiness in delivering services includes benevolence (locally available and caring), fairness (accessible to all and non-discriminatory), and competence (acceptable and effective in meeting survivors' needs). Guided by this conceptualization, we conducted an integrative review drawing on four databases: PsycINFO, PubMed, Web of Science, and Westlaw. We identified studies for inclusion that were published between January 2005 and March 2022, and we examined the trustworthiness of community-based providers serving adult IPV survivors in the United States, including domestic violence services, health and mental health care, the legal system, and economic support services (N = 114). Major findings include (1) many survivors live in communities with no shelter beds, mental health care, or affordable housing; (2) many services are inaccessible because they lack, for example, bilingual staff, sliding fees, or telehealth options; (3) too many providers are harmful or discriminatory toward survivors, especially those who are, for example, sexual or gender minorities, immigrants or non-English-speaking, poor, or Native, Black, or Latinx; (4) many providers appear to be incompetent, lack evidence-based training, and are ineffective in meeting survivors' needs. We call on researchers, advocates, and providers to examine provider trustworthiness, and we offer an introduction to measuring it.

How Expert Are the Experts? Child Custody Evaluations in Situations of Domestic Violence in Italy

In recent decades, scholars and professionals have investigated the courts' treatment of mothers and children who claim that an ex-partner/father is abusive, especially in child custody proceedings. In Italy, Laws 54/2006 and 154/2013 established that joint-custody and coparenting are critical to ensure the best interest of the child. In the process of custody determination, judges can appoint an expert to assess parenting skills. The aim of this qualitative study was to investigate the knowledge, opinions, and practices of the Court-Appointed Experts (CAEs) in child custody disputes in cases involving allegations of domestic violence (DV). Semistructured face-to-face interviews were conducted with 15 CAEs; the interviews' transcripts were analyzed with qualitative content analysis. Results suggested that in the management of child custody cases, most CAEs showed: strong prejudices against women victims of DV, who were often blamed and/or secondarily victimized; adherence to controversial models (e.g., parental alienation syndrome) and characterization of mothers as "alienators"; poor knowledge of DV and relevant laws. CAEs' overlooking DV underlines the urgent need to develop and implement guidelines on child custody decision-making in the context of DV.

Continuous Traumatic Stress: Examining the Experiences and Support Needs of Women After Separation From an Abusive Partner

Intimate partner violence causes significant, long-lasting harm to almost one-third (27%) of the world's population of women. Even when women leave abusive relationships, some men continue to exercise control over their ex-partners through psychological control, threats, violence, stalking, and other forms of harassment. In this qualitative study, 52 purposively sampled women who self-identified as victims or survivors of intimate partner violence (IPV) from male partners were interviewed. Data were analyzed with a theoretically informed thematic analysis, supported by Nvivo® software. We found that leaving a violent relationship was a long-term process fraught with difficulty and ongoing risks of psychological harm. The concept of Continuous Traumatic Stress (CTS), first developed to understand the impact of state-sponsored violence and war, was found to be a particularly useful tool for the analysis of the impact of post-separation abuse. Additionally, CTS encourages researchers and practitioners to think anew about resilience-centered approaches to improving protection and access to justice for female victims.

Understanding Formal Responses to Intimate Partner Violence and Women's Resistance Processes: A Scoping Review

Intimate partner violence (IPV) literature addresses the ways in which women oppose violent male partners through acts of "everyday resistance." There is a limited understanding, however, of the relationship between women's resistance and their formal help-seeking in the context of IPV. Our scoping review, which includes 74 articles published in English-language journals between 1994 and 2017, attempts to help fill this gap by developing systematic knowledge regarding the following research questions: (1) How are formal institutional responses discussed within the literature on resistance to IPV? (2) How does institutional help-seeking facilitate or obstruct IPV survivors' personal efforts to resist violence? We find that institutions and organizations succeed in facilitating resistance processes when they counter victim-blaming ideas and provide IPV survivors with shared community and a sense of control over their futures. However, they fall short in terms of helping survivors by expecting survivors to adhere to a rigid narrative about appropriate responses to violence, devoting insufficient attention to individual-level factors impacting survivors' vulnerability and ability to access help, and replicating abuse dynamics when interacting with survivors. Policy and practice implications are discussed.

Troubling Secondary Victimization of Bullying Victims: The Role of Gender and Ethnicity

Bullying is a severe public health problem, and bystanders' reactions are a key variable in its perpetration and maintenance. This study aimed to assess the level of secondary victimization of bullying victims as a function of the student's sex and the victim's category (nonnormative vs. normative) in three experimental conditions (feminine, masculine, and ethnicity) from a socioecological perspective. Specifically, two dimensions of secondary victimization were evaluated: avoidance and devaluation/blaming of the victim. A sequence of mixed-design ANOVAs was performed with a sample of 553 Spanish (53.3%) and Portuguese (46.7%) students, aged between 14 and 19 years. Results show that nonnormative victims, those who transgress feminine and masculine gender stereotypes, and those who belong to a minority ethnic group (gypsies) are avoided more than normative victims; and that boys perpetrate more secondary victimization than girls. These results reveal the situation of vulnerability suffered by adolescents who transgress the gender norm as well as those who belong to minority ethnic groups, and highlight that the motivations concealed by the secondary victimization of bullying victims originate in the group processes of identity construction and categorization that configure the boundaries of "legitimacy" and are strongly influenced by social beliefs about normative and nonnormative identities. This socioecological approach could guide prevention strategies, so generic antibullying policies that do not explicitly address biases about gender, sexual, and cultural identity can be overcome to reduce the high levels of stigma occurring in the schools through critical and culturally responsive pedagogy.

Safeguarding Children's Well-Being: Voices From Abused Mothers Navigating Their Relationships and the Civil Courts

Battered mothers often go to great lengths to protect their children from abuse. Most of these efforts play out in private settings such as the home. After their relationships end, women's actions shift to the public sphere for judgment by the courts. Abusers' strategies utilize the courts as another tool with which to call into question and challenge their former partners' parenting. Images of "good mothers" who behave passively are favored by officials who often have incomplete understandings of the dynamics of intimate partner violence and abuse. Existing studies about justice-involved mothers insufficiently portray women's experiences managing both continued abuse from past partners as well as discriminating treatment by the courts. Semistructured interviews with 25 women in the United States who have terminated their abusive relationships reveal strategies of negotiation and resistance used to protect their children both during and after their relationships; the women also recount instances of paternalism and naïveté present in civil and criminal courts. While their male abusers seemed to receive leniency from court officials, despite, in some cases, violating judges' direct orders, the women's efforts were sometimes interpreted as recalcitrance and disobedience when they challenged unfair labels, visitation, and custody decisions. This qualitative study contextualizes women's efforts and actions taken to safeguard their children during and after their relationships to highlight women's experiences the courts overlook and misconstrue as well as what happens when women engage with the courts. Policy suggestions include ways to prevent the continued victimization of battered women by the courts, to challenge the pejorative assessment of mother's protective behaviors, and to illuminate court officials' malfeasance and toleration of fathers' tactics.

Effects of Historical Coercive Control, Historical Violence, and Lawyer Representation on Post-Separation Male Partner Violence Against Mother Litigants Who Participated in Adversarial Family Court Proceedings

The primary objective of this study was to test the effects of historical male partner violence and lawyer representation on post-separation male partner violence and coercive control against mother litigants participating in adversarial family court proceedings. Toward this end, staff at two women's shelters administered a questionnaire to 40 former residents who met the sample selection criteria. Two findings are noteworthy. First, there was a decrease in mother litigant reports of post-separation physical violence requiring a visit to a hospital. Second, post-separation male partner coercive control "most/some of the time" was reported by 97.5% of all 40 separated mother litigants who also reported experiencing historical coercive control by their male partners. Recommendations and limitations are described in the final two pages.

Institutional Violence Against Users of the Family Law Courts and the Legal Harassment Scale

The term harassment is often used to refer two contexts, the workplace and school, but not the legal system itself. Long drawn-out litigation in the Family Law Courts often produces a surreptitious phenomenon of violence toward one of the litigating parties, who become victims of the legal system itself. The aim of this study was to determine whether legal harassment could be detected and measured in the Spanish Justice System using an innovative Legal Harassment Scale (LHS). This hypothesis was substantiated by the data obtained using a new 32-item psychometric instrument with a global index: the LHS, consisting of four factors: Direct Aggression, Procedural Harassment, Personal Contempt, and Manipulation of Reality. The estimated reliability and validity of the LHS was satisfactory, both in terms of the global score, and for each of the four factors distributed along the normal curve. The results of this study are discussed in terms of the limitations of the study and in relation to future lines of research aimed at ensuring that the legal system respects and safeguards the rights of the parties involved in litigation, and that no party falls victim to legal harassment.

Understanding How Domestic Violence Support Services Promote Survivor Well-being: A Conceptual Model

Domestic violence (DV) victim service programs have been increasingly expected by legislators and funders to demonstrate that they are making a significant difference in the lives of those using their services. Alongside this expectation, they are being asked to describe the Theory of Change guiding how they believe their practices lead to positive results for survivors and their children. Having a widely accepted conceptual model is not just potentially useful to funders and policy makers as they help shape policy and practice -- it can also help programs continually reflect upon and improve their work. This paper describes the iterative and collaborative process undertaken to generate a conceptual model describing how DV victim services are expected to improve survivors' lives. The Social and Emotional Well-Being Framework guiding the model is an ideal structure to use to describe the goals and practices of DV programs because this framework: (1) accurately represents DV programs' goal of helping survivors and their children thrive; and (2) recognizes the importance of community, social, and societal context in influencing individuals' social and emotional well-being. The model was designed to guide practice and to generate new questions for research and evaluation that address individual, community, and systems factors that promote or hinder survivor safety and well-being.

Secondary Victimization: Domestic Violence Survivors Navigating the Family Law System

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.

Post-Separation Abuse of Women and their Children: Boundary-setting and Family Court Utilization among Victimized Mothers

Continued abuse of themselves and their children is a concern for many mothers leaving intimate partner violence (IPV) perpetrating husbands. This research examines women's responses to abuse committed by ex-husbands with whom they had undergone custody disputes. In-depth, qualitative interviews were conducted with 19 mothers who had divorced IPV-perpetrating husbands between one and three years prior. Participants were located through publicly available family court divorce records and interviews were examined using analytic induction. Women's strategies to protect themselves and their children from abuse involved setting boundaries to govern their interactions with ex-husbands. Mothers often turned to family court for assistance in setting boundaries to keep children safe, but found that family court did not respond in ways they believed protected their children. Conversely, when women turned to the justice system for restraining orders or called the police for help against IPV, they generally found the justice system responsive.

Abused Mothers' Safety Concerns and Court Mediators' Custody Recommendations

This study adds to research on family court's response to custody in the context of intimate partner abuse (IPA). Mediation is often used to assist family court with custody negotiation; however, debate exists in the field regarding its use when IPA exists. The following study examines experiences with court mediation among a sample of victimized mothers who divorced abusive husbands. Mixed-method data were collected from 19 women. Findings demonstrate that abuse is rarely considered in custody recommendations, as most court mediators prefer joint custody. Implications for the ongoing debate, as well as future directions for research, are discussed.