A Judge’s Guide

unwillingness to break off the relationships. When asked to raise their hands if they thought all
men were violent, every girl responded affirmatively. It was then that the focus shifted from
simply warning the victims about abusive behaviors, to teaching them how to set limits, protect
themselves and expect respect and equality in their relationships. 121 Cisco Garcia, who now
heads the Expect Respect Project, includes gender, race, culture, and other relevant topics as
part of the revised curriculum. 122
D. Innovative interventions must be pursued.
Barrie Levy, a psychotherapist who has written three books on teen dating violence,
cautions that the signs of abuse may not be easy to detect. Some warning signs include
controlling behavior, extreme jealousy, withdrawal from friends and hypervigilence toward
obeying the partner’s rules. Ms. Levy suggests that each partner should be approached
separately if abuse is suspected, though neither partner may be willing to acknowledge the
problem. Rather than trying to stop all contact, Levy cautions adults to focus on safety. For
example, a teacher, probation officer, judge or advocate might say, “I understand that you love
him, but I can see you’re being hurt.” A critical next step is to provide information and referrals
for where the teen can get help. 123
VIII. BATTERERS SHOULD NOT BE AWARDED JOINT OR SOLE CUSTODY OF
CHILDREN. 124
Women with children suffer IPV at more than twice the rate of those who are childless. 125
Data further indicates that each additional child in a home increases the chances of serious male
violence by 28%. 126 Given that children are often either direct or indirect targets of family
violence, 127 courts should better protect them in custody and visitation orders. Yet, abuse
victims frequently report that courts minimized or ignored the violence when making custody
decisions. 128
121 Id. at 44.
122 In 1998 Safeplace received a Centers for Disease Control grant for more than $500,000. to expand the program
to elementary, middle and high schools in the Austin area. For further information on their program, including a
copy of the Expenct Respect curriculum ($35.), contact Safeplace at #512-385-5181.
123 Harrison, supra note 89. at 43.
124 See Naomi R. Cahn, Civil Images of Battered Women: The Impact of Domestic Violence on Child Custody
Decisions, 44 VANDERBUILT L. REV. 1041 (1991) and discussion infra at 6e.
125 A. Jones, A. Gielen, J. Campbell, J. Dienemann, J. Kub, P. O’Campo, et al., Annual and Lifetime Prevalence of
Patrner Abuse in a Sample of Female HMO Enrollees, 9 WOMEN’S HEALTH ISSUES 295 (1999) as cited in
Megan H. Bair-Merritt, William C. Holmes, John H. Holmes, Jamie Feinstein and Chris Feudtner, Does Intimate
Partner Violence Epidemiology Differ Between Homes With and Without Children? A Population-Based Study of
Annual Prevalence and Associated Risk Factors, 23 J. OF FAM. VIOLENCE 325, 329 (July 2008) (hereinafter
Does Intimate Partner Violence Epidemiology Differ Between Homes With and Without Children?).
126 A. DeMaris, M. Benson, G. Fox, T. Hill and J. Van Wyk, Distal and Proximal Factors in Domestic Violence: A
Test of an Integrated Model, 65 J. OF MARRIAGE & THE FAMILY 652 (2003) (as cited in id. Does Intimate
Partner Violence Epidemiology Differ Between Homes With and Without Children?)
127 See notes 5 and 7 and accompanying text.
128 See Leigh Goodmark, From Property to Personhood: What the Legal System Should Do For Children in
Family Violence Cases, 102 W. VA. L. REV. 237, 254 (1999) (noting that “Often survivors report that the abuse
247