This research evaluated the effectiveness of statutes mandating a presumption against custody to a perpetrator of domestic violence (DV) and judicial education about DV. Across six states, the authors examined 393 custody and/or visitation orders where the father perpetrated DV against the mother and surveyed 60 judges who entered those orders. With the presumption, more orders gave legal and physical custody to the mother and imposed a structured schedule and restrictive conditions on fathers’ visits, except where there was also a “friendly parent” provision and a presumption for joint custody. The presumption is effective only as part of a consistent statutory scheme. Although 86% of judges had received DV education, they scored no better in knowledge or attitudes. More of their orders gave mothers sole physical custody, and knowledge was associated with maternal custody, yet fewer structured or restricted fathers’ visitation. Quality of DV education is more important than statutory mandate.
Appel, A. E., & Holden, G. W. (1998). The co-occurrence of spouse andphysical child abuse: A review and appraisal. Journal of Family Psychology, 12, 578-599.
2.
Ballou, M., Barry, J., Billingham, K., Boorstein, B., Butler, C., Gershberg, R., et al. (2001). Psychological triage model for judicial decision-making in emergency or temporary child placement. American Journal of Orthopsychiatry, 71, 416-425.
3.
Ballou, M., Billingham, K., Romaniello, J., Lirianio, D., Barry, J., Gershberg, R., et al. (1999). Psychological triage model for judicial decision-making in continuing restraining orders— Action research. Unpublished manuscript.
4.
Bowker, L., Arbitell, M., & McFerron, R. (1988). On the relationship between wife beating and child abuse. In K. Yllo & M. Bograd (Eds.), Feminist perspectives on wife abuse (pp. 159-174). Newbury Park, CA: Sage.
5.
Chandler, D. B. (1990). Violence, fear, and communication: The variable impact of domestic violence on mediation. Mediation Quarterly, 7, 331-346.
6.
Conrad N. Hilton Foundation. (1994). Model code on domestic and family violence. Reno, NV: National Council of Juvenile and Family Court Judges.
7.
Davis, L. V., & Hagen, J. L. (1988). Services for battered women: The public policy response. Social Service Review, 62, 649-667.
8.
Dutton, D. (1995). The domestic assault of women: Psychological and criminal justice perspectives. Vancouver: University of British Columbia Press.
9.
Edelson, J. L. (1999). The overlap between child maltreatment and woman battering. Violence Against Women, 5, 134-154.
10.
Elkin, M. (1987). Joint custody: Affirming that parents and families are forever. Social Work, 32, 18-24.
11.
Family Violence Project. (1990). Family violence: Improving court practices: Recommendations from the National Council of Juvenile and Family Court Judges’ Family Violence Project. Washington, DC: U.S. Department of Justice.
12.
Family Violence Project. (1995). Family violence in child custody statutes: An analysis of state codes and legal practice. Family Law Quarterly, 29, 197-227.
13.
Family Violence Project. (1996). Anational curriculum for presenting the Model Code on Domestic and Family Violence. Reno, NV: National Council of Juvenile and Family Court Judges.
14.
Fantuzzo, J. W., & Mohr, W. K. (1999). Prevalence and effects of child exposure to domestic violence. Future of Children, 9, 21-32.
15.
Hamberger, L. K., & Hastings, J. E. (1986). Personality correlates of men who abuse their partners: A cross-validation study. Journal of Family Violence, 1, 323-341.
16.
Hart B. J. (1992). State codes on domestic violence: Analysis, commentary, and recommendations. Reno, NV: National Council of Family and Juvenile Court Judges.
17.
Holden, G. W. (1998). Introduction: The development of research into another consequence of family violence. In G. W. Holden, R. Geffner, & E. N. Jouriles (Eds.), Children exposedto marital violence: Theory, research and applied issues (pp 1-18). Washington, DC: American Psychological Association.
18.
Holden, G. W., Geffner, R., & Jouriles, E. N. (Eds.). (1998). Children exposed to marital violence. Washington, DC: American Psychological Association.
19.
Jaffe, P., Wolfe, D., & Wilson, S. (1990). Children of battered women. Newbury Park, CA: Sage.
20.
Keilitz, S. L. (1997). Domestic violence and child custody disputes: A resource handbook for judges and court managers. Alexandria, VA: National Center for State Courts.
21.
Klein, C. F., & Orloff, L. E. (1993). Providing legal protection for battered women: An analysis of state statutes and case law. Hofstra Law Review, 21, 801-964.
22.
Mechanic, M. B. (2000). Intimate partner violence: An examination of juror common knowledge schemata. Unpublished manuscript.
23.
National Council of Juvenile & Family Court Judges. (1994). Family violence: A model state code: Model Code on domestic and family violence. Reno, NV: National Council of Juvenile & Family Court Judges.
24.
Pagelow, M. D. (1984). Family violence. New York: Praeger.
25.
Penfold, P. S. (1982). Children of battered women. International Journal of Mental Health, 11, 108-114.
26.
Phillips, M. H., Lukens, E., & Casriel, C. (1985). The needs of children from families where marital violence occurs. Paper presented at the annual meeting of the American Ortho-psychiatric Association, New York.
27.
Rosenberg, M. S. (1987). Children of battered women: The effects of witnessing violence on their social problem-solving abilities. Behavior Therapist, 4, 85-89.
28.
Roy, M. (1988). Children in the crossfire: Violence in the home—How does it affect our children?Deerfield Beach, FL: Health Communications.
29.
Saunders, D. G. (1994). Child custody decisions in families experiencing woman abuse. Social Work, 39, 51-59.
30.
Saunders, D. G., & Browne, A. (1991). Domestic homicide. In R. T. Ammerman & M. Hersen (Eds.), Case studies in family violence (pp. 379-402). New York: Plenum.
31.
Schechter, S., & Edelson, J. L. (Eds.). (1999). Effective interventions in domestic violence and child maltreatment cases: Guidelines for policy and practice. Reno, NV: National Council of Juvenile and Family Court Judges.
32.
Silvern, L., Karyl, J., Waelde, L., Hodges, W. F., Starek, J., Heidt, E., et al. (1995). Retrospective reports of parental partner abuse: Relationships to depression, trauma symptoms and self-esteem among college students. Journal of Family Violence, 10, 177-201.
33.
Straus, M. A. (1992). Children as witnesses to marital violence: Arisk factor for lifelong problems among a nationally representative sample of American men and women. In D. F. Schwartz (Ed.), Children and violence: Report of the 23rd Roundtable on Critical Approaches to Common Pediatric Problems (pp. 98-104). Columbus, OH: Ross Laboratories.
34.
Straus, M. A., & Gelles, R. (1990). Physical violence in American families: Risk factors and adaptation to violence in 8,145 families. New Brunswick, NJ: Transaction.
35.
Westra, B., & Martin, H. P. (1981). Children of battered women. Maternal-Child Nursing Journal, 10, 41-54.
36.
Woffordt, S., Mihalic, D. E., & Menard, S. (1994). Continuities in family violence. Journal of Family Violence, 9, 195-225.
37.
Wolfe, D. A., Jaffe, P., Wilson, S. K., & Zak, L. (1985). Children of battered women: The relation of child behavior to family violence and maternal stress. Journal of Consulting and Clinical Psychology, 53, 657-665.
