A Judge’s Guide

is with the victim or perpetrator, adult or child. 19 Experts recommend a four-step process for
child protection and victim advocates to increase safety for all in the family: screening,
investigating, assessing, and intervening. 20 At the very least, initial screening of children
should involve basic questions such as: “Does anyone hit or scare you at home?” and “What
happens when people in your home get mad?” For adults, lawyers and other interveners would
be wise to follow the American Medical Association (hereinafter AMA) physician guidelines,
starting with, “Because abuse and violence are so common in women’s lives, I’ve begun to ask
about it routinely.” 21 The intervener can then follow through with, “Have you been hit or
threatened in this relationship? Are you afraid now? Do you want information about a
protective order? What can I do to help?”
Given the frequency with which abuse victims seek medical treatment, 22 healthcare
professionals have included screening for intimate partner abuse within the scope of its standard
of care. 23 Empirical and anecdotal data indicate that although many battered patients are too
ashamed or afraid to self-disclose intentional harm to their physicians, directly inquiring about
19 Judge Cindy Lederman of the Dade County (FL.) Juvenile Court has launched a study of their innovative
protocol for screening all child and adults for abuse who present at their court, then providing counseling and other
needed services. See, Cindy S. Lederman and Joy D. Osofsky, Infant Mental Health Interventions in Juvenile
Court, 10 PSYCHOL. PUB. POL’Y & L. 162 (March/ June 2004) (describing numerous of Judge Lederman’s
innovative programs, including routine screening, at the Miami-Dade Juvenile Court); see also, Cite as: Christine
A. O’Riley and Cindy S. Lederman, Co-Occurring Child Maltreatment and Domestic Violence, 75 FLA. B. J. 40
(November, 2001) (noting, “In order to meet the objective of child safety, it is critical that family services
counselors screen for domestic violence during their initial contact with each family.”) (hereinafter Co-Occurring
Child Maltreatment and Domestic Violence). The Travis County (TX.) Juvenile Drug Court includes screening for
family violence as part of its intake procedures.
20 See, Janet Carter & Susan Schechter, Child Abuse and Domestic Violence: Creating Community Partnerships
for Safe Families (San Francisco: Family Violence Prevention Fund, 13, 1997), as cited in Id. Co-Occurring Child
Maltreatment and Domestic Violence, n. 20.
21 American Medical Association, Diagnostic and Treatment Guidelines on Domestic Violence (1992). See also
Michael A. Rodriguez, MD, MPH, Heidi M. Bauer, MD, MPH, Elizabeth McLoughlin, ScD, and Kevin
Grumbach, MD, Screening and Intervention for Intimate Partner Abuse, Practices and Attitudes of Primary Care
Physicians, 282 JAMA 468 (August 4, 1999).
22 See, e.g., Domestic Violence: A Practical Approach for Clinicians, San Francisco Medical Society: Current
News, http://www.sfms.org/brochure.html [hereinafter San Francisco Medical Society] (reporting that abuse
victims frequently seek treatment in emergency and primary care settings, ranging from obstetrics and allergy, to
psychiatric and orthopedic care).
23 See American Nurses Association, Position Statement on Physical Violence Against Women (1994) available at
http:// www.nursingworld.org/readroom/position/social/viowomen.pdf;, American Psychological Association,
Violence and the Family: Report of the American Psychological Association Presidential Task Force on Violence
and the Family (1996); The Battered Woman, 1989 ACOG Bulletin 124 (American College of Obstetricians &
Gynecologists, Washington, D.C.); see also, American Medical Association Council on Scientific Affairs, Policy
H-515.965, Dec. 2000, available at http://www.ama-assn.org/ama/pub/category/13577.html (stating that medical
"curricula should include coverage of the diagnosis, treatment, and reporting of child maltreatment, intimate
partner violence, and elder abuse and provide training on interviewing techniques, risk assessment, safety
planning, and procedures for linking with resources to assist victims. The AMA supports the inclusion of questions
on family violence issues on licensure and certification tests..." and the "AMA encourages physicians to: (a)
Routinely inquire about the family violence histories of their patients as this knowledge is essential for effective
diagnosis and care"); and Linda R. Chambliss, Domestic Violence: A Public Health Crisis, 40 Clinical Obstetrics
& Gynecology 630, 633 (1997) (stating that both the American Medical Association and the American College of
Obstetricians and Gynecologists strongly encourage screening all patients for violence).
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