Justice for victims of spouse abuse in divorce and child custody cases

Unequal power positions and domination-subordination roles of battering husbands and battered wives during marriage contaminate the process of separation and divorce. These dynamics may continue long after the marriages cease. Risks of extreme violence, rape, and homicide are highest when victims seek freedom. Because both victims and abusers construct a veil of secrecy while married, even if abused wives disclose the violence during the separation process, there may be nothing to substantiate their claims. Restraining orders often fail to restrain obsessed husbands; other husbands may get revenge by using their children as pawns. Attitudes favoring fathers' rights and joint custody may help win unfair financial advantages, and/or continued control over victims after divorce. Mandatory mediation in some states may give abusers additional advantages. Although some of these problems are being addressed with mechanisms to ameliorate them, the need to recognize problems facing battered wives in divorce and custody contexts has not received adequate attention. The purpose of this article is to provide a review and commentary on these issues.