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Myths and Facts Myths and Facts Domestic Violence and Domestic Violence and Child Abuse in the Child Abuse in the Context of Separation and Context of Separation and Divorce Divorce

Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

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Page 1: Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

Myths and FactsMyths and FactsDomestic Violence and Child Domestic Violence and Child

Abuse in the Context of Abuse in the Context of Separation and DivorceSeparation and Divorce

Page 2: Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

Myth: False Allegations of Myth: False Allegations of Domestic ViolenceDomestic Violence

Myth: Women routinely make up allegations of domestic violence in Myth: Women routinely make up allegations of domestic violence in family law cases and use protection orders to remove men from family law cases and use protection orders to remove men from their homes or deny contact with their childrentheir homes or deny contact with their children

Fact:Fact: Women living with domestic violence often do not take out Women living with domestic violence often do not take out

protection orders and do so only as a last resort;protection orders and do so only as a last resort; The risk of domestic violence increases at the time of separation The risk of domestic violence increases at the time of separation

and separation is the most dangerous time for women and and separation is the most dangerous time for women and children;children;

Protection orders provide an effective means of reducing Protection orders provide an effective means of reducing women’s vulnerability to violence.women’s vulnerability to violence.

Page 3: Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

Myth: False allegations of child Myth: False allegations of child abuseabuse

Myth: Women routinely make false Myth: Women routinely make false accusations of child abuse or domestic accusations of child abuse or domestic violence to gain advantage in family law violence to gain advantage in family law proceedings and to arbitrarily deny their proceedings and to arbitrarily deny their ex-partners’ access to the children.ex-partners’ access to the children.

Page 4: Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

Myth: False allegations of child Myth: False allegations of child abuseabuse

Fact:Fact: Allegations of child abuse are rare;Allegations of child abuse are rare; False allegations are rare;False allegations are rare; False allegations are made by fathers and False allegations are made by fathers and

mothers at equal rates;mothers at equal rates; The child abuse often takes place in families The child abuse often takes place in families

where there is also domestic violence;where there is also domestic violence; Allegations of child abuse rarely result in the Allegations of child abuse rarely result in the

denial of parental contact.denial of parental contact.

Page 5: Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

Violence Against Women and Violence Against Women and Apprehended Violence OrdersApprehended Violence Orders

The fact that there is a history of domestic The fact that there is a history of domestic violence and that women take out violence and that women take out Apprehended Violence Orders makes little Apprehended Violence Orders makes little difference to whether contact will happen difference to whether contact will happen between children and their fathers.between children and their fathers.

The ‘right to contact’ principle within family The ‘right to contact’ principle within family law takes precedence over concerns law takes precedence over concerns about children’s exposure to domestic about children’s exposure to domestic violence and child abuse.violence and child abuse.

Page 6: Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

Domestic Violence is Gendered Domestic Violence is Gendered ViolenceViolence

Domestic violence is not just about physical Domestic violence is not just about physical violence. It takes many forms – physical, sexual, violence. It takes many forms – physical, sexual, verbal, financial and emotional. These forms of verbal, financial and emotional. These forms of abusive and manipulative behaviours are about abusive and manipulative behaviours are about maintaining power and control of women by maintaining power and control of women by male abusers.male abusers.

The key component of the dynamics of domestic The key component of the dynamics of domestic violence are the concepts of gender and power. violence are the concepts of gender and power. Men as a social group have greater power than Men as a social group have greater power than women and violence is an important way by women and violence is an important way by which men maintain their dominant position.which men maintain their dominant position.

Page 7: Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

Domestic Violence is Gendered Domestic Violence is Gendered ViolenceViolence

One in three women (33%) has experienced One in three women (33%) has experienced physical violence at some stage in her life since physical violence at some stage in her life since the age of 15.the age of 15.

The majority of cases are perpetrated by men The majority of cases are perpetrated by men against women and their childrenagainst women and their children

Nearly one in six women have experienced Nearly one in six women have experienced violence by a current or previous partner in their violence by a current or previous partner in their lifetime.lifetime.

Women are more likely to be killed by their Women are more likely to be killed by their current or former partner than by anyone else.current or former partner than by anyone else.

Page 8: Myths and Facts Domestic Violence and Child Abuse in the Context of Separation and Divorce

Separation is the most dangerous Separation is the most dangerous time for womentime for women

Women are much more likely to be abused, and even Women are much more likely to be abused, and even killed during times of separation and divorce;killed during times of separation and divorce;

Single women who have previously been partnered were Single women who have previously been partnered were at highest risk of assault.at highest risk of assault.

Violence escalates at the time of separation as the Violence escalates at the time of separation as the abuser recognizes that he is beginning to lose power abuser recognizes that he is beginning to lose power and control by the separationand control by the separation

66% of marital breakdown involve violence, 33% which 66% of marital breakdown involve violence, 33% which are described as serious violence.are described as serious violence.

Abusive ex-partners use the issue of child contact to Abusive ex-partners use the issue of child contact to continue their harassment and abuse after separation continue their harassment and abuse after separation and divorce.and divorce.