Domestic violence

Domestic violence is defined as "a pattern of abusive behavior that is used by one partner to gain or maintain power and [coercive] control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive [controlling] behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone;" and "is not limited to the actual infliction of physical injury or assault." 
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While domestic violence is often thought to be limited to physical abuse, it is fundamentally about power and coercive control - and does not end when a survivor escapes the abusive relationship. In fact, abuse often escalates after a survivor leaves. Research has shown that abusers systematically manipulate the courts, mediators, therapists, psychologists, doctors, attorneys, men, women, children, teachers, clergy, and anyone who has not had special and specific training regarding domestic violence, child abuse, and batterers.

One such study, published 2012 by Daniel G. Saunders, examined the qualifications of professionals involved in domestic violence cases - particularly child custody evaluations - and was submitted to the US Department of Justice's National Institute of Justice. In this study, Saunders found that domestic violence advocates possessed the highest level of training and experience related to domestic violence, were better at recognizing patterns of coercive control, and had a better understanding of the risks posed to victims by their abusers. 

Saunders, in his report, identified deficiencies in the training of the many professionals relied heavily on by the court to make their rulings. Judges, custody evaluators, and mental health professionals often lacked adequate training in the subject matter of domestic violence. These same professionals lacked expertise in coercive control, post separation abuse, and the devastating impact of domestic violence on children. Many of these same professionals subscribed to harmful misconceptions about domestic violence, such as the false belief that the allegations of domestic violence made by survivors are fabricated and for the purpose of leveraging an advantage over their former partner in child custody proceedings.

Saunders found that these deficiencies posed significant risk to survivors and their children because those professionals who lacked adequate training in domestic violence were more likely to minimize abuse and recommend shared custody, even in cases where the abusive parent posed a clear and present danger to the child(ren). Because the Courts often rely on mental health professionals and custody evaluators who lack expertise, we find that the Courts are making rulings that place survivors and their children at significant risk of harm, or even death.

The Saunders study is a critical one as it underscores the need for specialized domestic violence training among legal and mental health professionals, especially those who are charged with rendering recommendations and rulings that have the power to severely impact, or even end,  the lives of survivors and their children; arguing that domestic violence advocates, due to their unique and specialized experience and training, are the most qualified to provide insight on the dynamics of domestic violence and should play a greater role in informing custody decisions.

Sources

• https>//www.justice.gov/ovw/domestic-violence
• California Family Code Section 6203(b)
• Saunders, D. G., Faller, K. C., & Tolman, R. M. (2012). Child custody evaluators' beliefs about domestic abuse allegations: Their relationship to evaluator demographics, background, domestic violence knowledge, and custody-visitation recommendations. Final report submitted to the National Institute of Justice. U.S. Department of Justice.