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

Myth: False Allegations of Domestic Violence Myth: Women routinely make up allegations of domestic violence in family law cases and use protection orders to remove men from their homes or deny contact with their children Fact: Women living with domestic violence often do not take out protection orders and do so only as a last resort; The risk of domestic violence increases at the time of separation and separation is the most dangerous time for women and children; Protection orders provide an effective means of reducing women’s vulnerability to violence.

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

Myth: False allegations of child abuse Fact: Allegations of child abuse are rare; False allegations are rare; False allegations are made by fathers and mothers at equal rates; The child abuse often takes place in families where there is also domestic violence; Allegations of child abuse rarely result in the denial of parental contact.

Violence Against Women and Apprehended Violence Orders The fact that there is a history of domestic violence and that women take out Apprehended Violence Orders makes little difference to whether contact will happen between children and their fathers. The ‘right to contact’ principle within family law takes precedence over concerns about children’s exposure to domestic violence and child abuse.

Domestic Violence is Gendered Violence Domestic violence is not just about physical violence. It takes many forms – physical, sexual, verbal, financial and emotional. These forms of abusive and manipulative behaviours are about maintaining power and control of women by male abusers. The key component of the dynamics of domestic violence are the concepts of gender and power. Men as a social group have greater power than women and violence is an important way by which men maintain their dominant position.

Domestic Violence is Gendered Violence One in three women (33%) has experienced physical violence at some stage in her life since the age of 15. The majority of cases are perpetrated by men against women and their children Nearly one in six women have experienced violence by a current or previous partner in their lifetime. Women are more likely to be killed by their current or former partner than by anyone else.

Separation is the most dangerous time for women Women are much more likely to be abused, and even killed during times of separation and divorce; Single women who have previously been partnered were at highest risk of assault. Violence escalates at the time of separation as the abuser recognizes that he is beginning to lose power and control by the separation 66% of marital breakdown involve violence, 33% which are described as serious violence. Abusive ex-partners use the issue of child contact to continue their harassment and abuse after separation and divorce.