A New Way of viewing domestic abuse in family court: “seeing shades of gray”

Written By: GHL Law Firm | Published On: 25th January 2010 | Category: Child Custody, Contested Divorce, Domestic Abuse | RSS Feed

Domestic abuse is a serious issue that often infiltrates divorce and custody matters. When emotions and tensions are high, some individuals cannot handle the stress and problems arise. Also, there are plenty of chronic abusers involved in divorce cases where the victim has finally broken free and is working to establish their life without the abuse.

A new trend in domestic abuse research and advocacy is looking at distinguishing between types of abuse and abusers, since not every case is the same and in need of the same treatment. An article published by MPR interviewed Ellen Pence of Praxis International and Liz Richard of the Minnesota Coalition for Battered Women. This article explains the difference in recommendations for “situational violence” perpetrators, such as anger management programs, and chronic abusers, including extensive monitoring and longer jail sentences.

There is currently a two-year pilot program in Minneapolis, The Battered Women’s Justice Project, that is looking at how domestic violence may be viewed differently by custody evaluators, attorneys and judges in the family law system. Advocates hope that the system will be able to take a more nuanced view of domestic abuse and how abuse affects families as a whole, regardless of who the abuse was perpetrated against. There is also a goal of changing the way domestic abuse cases are handled once they are in the family court system.

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