Legal abuse and mental health: The role of judicial betrayal.

Abstract

Objective: When mothers who have survived intimate partner violence separate from their partners, they often turn to family court for help with a range of issues from division of assets to child custody arrangements. Often, however, they face ongoing legal abuse when abusive partners use court processes to further enact coercive control and judicial betrayal, when judges fail to prevent such harms and/or add to the mistreatment. Although both processes may undermine survivors’ mental health, existing research on this topic is limited and no known research has explored the relationship between the two constructs. To address this gap, we explored the direct association between legal abuse and mental health, as well as the possible mediating role of judicial betrayal. Method: In a sample of 218 family law-involved survivor-mothers who responded to a survey, we explored the relationship between legal abuse and mental health and the mediating role of judicial betrayal in that relationship. Results: Legal abuse was related to elevated symptoms of both posttraumatic stress disorder and depression even after controlling for prior psychological, physical and sexual abuse, and demographic variables. Further, associations between legal abuse and mental health were mediated by one of the two dimensions of judicial betrayal (Missing the Abuse), though not by the other (Mistreating the Survivor). Conclusion: Findings highlight the profound damage associated with legal abuse, especially when it is mediated by judicial betrayal. They underscore the key role that judges can play in protecting survivor-mothers’ mental health in family court.

Intimate Partner Violence Survivors’ Perspectives on Coping With Family Court Processes

“…First, assessment for IPV by professionals who are versed in abuse dynamics as well as the effects of trauma on a survivor's demeanor and memory of events is essential (as previously recommended by others; e.g., Saunders, 2017). Detection of IPV in conjunction with greater knowledge of IPV dynamics across family systems could be a step towards preventing legal abuse, limiting the need for survivor mothers to adapt their demeanors in court, and enabling decision-making that enhances safety for children (Horwitz et al, 2015; Saunders, 2017), ultimately ensuring a more supportive experience for survivors entering family court processes. Second, court actors can be made aware of the importance of their responses to abuse disclosures for survivors’ well-being and be trained to respond compassionately.…”

“…This data collection was part of a larger study based on a survey on survivor mothers’ experiences in family law proceedings (Gutowski & Goodman, 2023a, 2023b). We sent email notifications to 908 legal and 478 domestic violence service agencies located throughout the United States.…”

“…Many survivors describe entering into family law processes affected by the psychological, emotional, economic, and sometimes physical toll of the abuse only to experience a worsening of these sequelae as a consequence of legal abuse (Gutowski & Goodman, 2020; Katirai, 2020; Miller & Manzer, 2021; Ward, 2016). Invalidating comments from court professionals and/or feeling judged or blamed can exacerbate this distress (Archer-Kuhn et al, 2022; Gutowski & Goodman, 2020, 2023b; Rivera et al, 2012). As a result, survivors report feeling exhausted, anxious, fearful, and terrified of losing their children (Ward, 2016; Watson & Ancis, 2013).…”

“…As a result, survivors report feeling exhausted, anxious, fearful, and terrified of losing their children (Ward, 2016; Watson & Ancis, 2013). Indeed, both legal abuse and harmful responses from judges are associated with elevated symptoms of both post-traumatic stress disorder (PTSD) and depression for court-involved survivor mothers (Gutowski & Goodman, 2023b).…”

“…Survivor mothers often experience family court processes as distressing (Gutowski & Goodman, 2023b). They may be required to navigate co-parenting with abusive ex-partners without needed supports or interventions in place (Fleury-Steiner et al, 2016;Zeoli et al, 2013), feel invalidated by family court professionals (Miller & Manzer, 2021;Rivera et al, 2012), and/or be met with an extension of the abuse when the other parent exercises coercive control through legal processes (Gutowski & Goodman, 2023a).…”