Domestic Violence and Family Law: Criminological Concerns

Abstract

The battered women's movement in the United States contributed to a sweeping change in the recognition of men's violence against female intimate partners. Naming the problem and arguing in favor if its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper calls for criminological attention to family law responses to domestic violence and provides directions for future research.

Intimate Femicide: The Role of Coercive Control

“…As the threats and intimidation and the woman’s level of fear escalates and she seeks help, “police and other service providers tend to apply negative stereotypes to these persistent help seekers, seeing them as “repeaters” rather than realizing that their desperation reflects the fact that their abuse is ongoing and that arrest has done little to interrupt it” (Stark, 2012, p. 205). Intense fear often continues following separation when family court-appointed experts fail to recognize the effects of domestic violence and the control these men are able to exert over ex-partners through children (Beck & Raghavan, 2010; Crossman, Hardesty, & Raffaelli, 2016; Dragiewicz, 2014; Jeffries, 2016; Macdonald, 2016; Tanha, Beck, Figueredo, & Raghavan, 2010).…”

In the Best Interests of the Abuser: Coercive Control, Child Custody Proceedings and the “Expert” Assessments That Guide Judicial Determinations

“…This parent/child role reversal can make children feel that it is their responsibility to take care of the abusive parent, that they must meet their needs and ensure their well-being ( [39], pp. [49][50][51]. Such parenting weaknesses can be accentuated in the context of post-separation visitation where abusers have primary responsibility for their children for longer periods of time than was likely the case prior to parental separation ( [36], p. 705).…”

Antifeminism and backlash

“…Some critical criminologists have called for greater scholarly attention to antifeminism (Chesney-Lind, 2006;Dragiewicz, , 2011Dragiewicz, , 2012aDragiewicz, , 2012bDragiewicz, , 2016, racism (Alexander, 2010;Potter, 2008;Richie, 1996Richie, , 2012, hate crime (Chakraborti & Garland, 2015), and right wing nationalism (Winlow, Hall & Treadwell, 2017). Others have critiqued critical criminologists' failure to enagage with feminist critiques and issues like violence against women and the family (Dragiewicz, 2011(Dragiewicz, , 2014Schwartz & DeKeseredy, 1991). Critical criminology is a potentially important location for the study of backlash phenomena, including antifeminism and its implications.…”