Domestic Violence

New Perspectives

Mark Roseman, Ph.D.Supreme Court Certified Family Mediator

Executive Director, The Toby Centerwww.thetobycenter.org

Prepared in partnership with Susan Horwitz, Ph.D.,

University of Rochester School of Medicine and Kathryn Jervis, Ph.D., University of Rhode Island

School of Business

Reported Domestic Violence Offenses: Relationship of Victim to Offender for Florida 1992 - 2007

YEAR TOTAL SPOUSE PARENT SIBLING CHILD OTHER FAMILY CO-HABITANT OTHER ARRESTS

1992 109,449 42,813 5,641 6,679 8,861 4,947 28,099 12,409 37,796 1993 112,585 42,105 6,335 6,993 9,090 5,303 30,904 11,855 37,161 1994 119,930 43,469 7,633 7,442 9,602 5,763 35,572 10,449 43,922 1995 131,152 45,483 9,041 8,873 10,188 6,396 39,968 11,203 56,741 1996 132,704 42,358 9,511 8,594 9,774 7,247 42,976 12,244 64,608 1997 136,382 42,602 10,507 9,360 9,979 8,233 44,326 11,375 67,385

1998 133,345 40,007 10,592 9,384 9,672 8,214 42,685 12,791 64,446 1999 126,044 35,570 10,498 9,168 9,883 7,951 40,700 12,274 63,4102000 124,629 34,235 10,451 9,172 9,767 7,717 38,797 14,490 62,939 2001 124,016 33,533 10,900 9,282 9,232 7,778 38,145 15,146 63,452 2002 121,834 31,874 11,274 9,214 9,190 8,123 37,736 14,423 66,188 2003 120,697 31,856 11,481 9,414 9,125 8,105 36,462 14,254 65,080 2004 119,772 30,427 11,670 9,361 9,213 7,978 36,289 14,834 64,072 2005 120,386 29,181 11,726 9,026 9,275 7,679 36,000 17,499 63,747 2006 115,170 28,129 11,672 8,175 8,994 7,339 35,401 15,460 62,787 2007 115,150 27,785 12,175 8,021 9,017 6,686 33,894 17,572 68,396

SOURCE: Florida Statistical Analysis Center: FDLE. Crime in Florida, Florida uniform crime report, 1992 -2007. Tallahassee, FL.

1 – Very Serious 5 – No Problem

Which Behaviors Would You Include In The Phrase “Partner Violence?”

Most respondents thought that most behaviors would be considered to be ‘partner violence.’

Less than half of respondents felt that withholding money,

or one partner making all decisions were behaviors related to partner

violence.

Sixty Percent of respondents felt that isolating one partner

was related to partner violence.

Forty Percent thought isolationwas unrelated to partner violence.

Who Is To Blame For Partner Violence?

The Perpetrator? The Victim? Society?

PROS AND CONS OF EMPLOYING MEDIATION WHEN SETTLING DISPUTES OVER CUSTODY, PARENTING TIME, AND FINANCIAL OBLIGATIONS

FOR PARENTS WITH AN ABUSE HISTORY

• Mediation is mandated in 33 states for contested custody and visitation cases. Pertinent issues in the debate focus on whether mediation is empowering or disempowering to abused parents and whether the process pushes for reconciliation of the parents’ disputes, leaving the more vulnerable parent at a disadvantage.

• Ideas on the following slides are taken from: (1) Newmark, L, Harrell, A., & Salen, P. (1994). Domestic

violence and empowerment in custody and visitation cases. The Urban Institute(2) Pagelow, M.D. (1990). Effects of domestic violence on children and their consequences for custody and visitation agreements. Mediation Quarterly, 7(4), 347-363.

PROS AND CONS OF EMPLOYING MEDIATION WHEN SETTLING DISPUTES OVER CUSTODY, PARENTING TIME, AND FINANCIAL OBLIGATIONS

FOR PARENTS WITH AN ABUSE HISTORY: PROS

• Mediation is quicker and cheaper, reducing the financial burden, angst, and blame/bitterness between the parents. This may be critical in working with PV couples.

• Mediation may result in a referral to counseling or other forms of treatment for the abuser.

• Mediators are more skilled in detecting violence and managing the signs of intimidation, etc. than attorneys.

• Abusers and victims do not always have to be in the same room in order to accomplish the tasks related to mediation.

PROS AND CONS OF EMPLOYING MEDIATION WHEN SETTLING DISPUTES OVER CUSTODY, PARENTING TIME, AND FINANCIAL OBLIGATIONS

FOR PARENTS WITH AN ABUSE HISTORY: CONS

• Abused parent can be intimidated based on history of abuse: fear of physical harm previous psychological abuse, economic dependence, and traditional patriarchal views.

• Since PV is not always reported, the mediator may not know that PV tactics are at work in the process, leaving the abused parent vulnerable.

• Abuser may use the children and the mediation process to continue access (harassment, harm, etc.) to the other parent (which may have been the very reason to end the marriage).

POTENTIAL COMPROMISES TO USING MEDIATION WITH VIOLENT PARENTS IN CUSTODY DISPUTES *ŧ

• Interview each parent separately and screen for domestic violence.

• Establish the consent of both parties to engage in mediation.• Establish the safest format for the dispute settlement

process.• Use a trained DV specialist, also trained in mediation.• Abuser required to be in treatment concurrently or within

past 6 months. • Mediator provides mechanisms to correct imbalance in

power.* Note that partner violence is an insidious problem with many faces, including a variety of

frequencies, severity, duration, family of origin influences, and personality characteristics. All factors must be taken into account before concluding as to the vehicle to be used in settling custody, visitation, and financial matters related to divorce.

ŧ Ideas from this slide were generated from Pagelow, M.D. (1990). Effects of domestic violence on children and their consequences for custody and visitation agreements. Mediation Quarterly, 7(4), 347-363.