21.5.11

High Conflict Cases Likely Have History of Domestic Violence

·

RESEARCH INDICATING THAT THE MAJORITY OF CASES THAT GO TO COURT AS "HIGH CONFLICT" CONTESTED CUSTODY CASES HAVE A HISTORY OF DOMESTIC VIOLENCE

Compiled by Professor Joan S. Meier, Esq.
George Washington University Law School

IV. Custody Courts Regularly Fail to Note or Lack Information about history of Domestic Violence
80% of divorce cases are settled, either up front, or as the case moves through the process

"Taken all together these studies suggest that, in divorces marked by ongoing disputes over the custody and care of children, both inside and outside the court, there is often a history of domestic violence in the family and a likelihood that the violence will continue after the separation." - Id. (1994) at p. 169.

- Peter Jaffe, Michelle Zerwer, & Samantha Poisson, (2004),"ACCESS DENIED: The Barriers of Violence and Poverty for Abused Women and their Children After Separation," p. 1.

Peter Jaffe is one of the world's leading experts on children, domestic violence, and custody.

II. Peter Jaffe's compilation of studies

"Myth: Domestic violence is rarely a problem for divorcing couples involved in a child custody dispute."
Fact: The majority of parents in "high-conflict divorces" involving child custody disputes report a history of domestic violence."


  • Attempts to leave a violent partner with children, is one of the most significant factors associated with severe domestic violence and death. - Websdale, N. (1999). Understanding Domestic Homicide. Boston, MA: University Press.


  • In a review of parents referred for child custody evaluations by the court, domestic violence was raised in 75% of the cases. - Jaffe, P.G. & Austin, G. (1995). The Impact of Witnessing Violence on Children in Custody and Visitation Disputes. Paper presented at the Fourth International Family Violence Research Conference, Durham NH (Rep. No. July 1995)

Read more at americanmotherspoliticalparty.org