Purpose <p>Separating parents subject to intimate partner violence and coercive control may be at risk of experiencing continued abuse through family court processes. However, how control tactics may arise through the rate of filings has yet to be investigated. This study examined associations between the frequency of coercive control during marriage and the rate of (1) filings before the final divorce decree, (2) filings after the final divorce decree, and (3) summonses and subpoenas.</p> Methods <p>Self-report surveys of 173 divorcing mothers and their divorce records from a Midwest county court were utilized. Multilevel count regression models were fitted with an interaction between the frequency of coercive control and party sex as a predictor of the rate of filings before the final divorce decree, filings after the final divorce decree, and summonses and subpoenas. A random intercept was included for divorce case.</p> Results <p>For every unit increase in the frequency of coercive control, the rate of filings before the final divorce decree increased by 6.8%, with no effect of sex. There were no significant effects of coercive control and sex on filings after the final divorce decree or summonses and subpoenas.</p> Conclusion <p>The period before the final divorce decree may be vulnerable to the control tactic of excessive filings, but it may also be when survivors seek autonomy. Family courts and state judiciaries must account for increased filings before the final divorce decree in cases with coercive control to reduce the risk of harm against survivors and their children.</p>

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Associations Between Coercive Control and Rate of Court Filings During the Divorce Process

  • Maya L. Carter,
  • Jennifer L. Hardesty,
  • Brian G. Ogolsky

摘要

Purpose

Separating parents subject to intimate partner violence and coercive control may be at risk of experiencing continued abuse through family court processes. However, how control tactics may arise through the rate of filings has yet to be investigated. This study examined associations between the frequency of coercive control during marriage and the rate of (1) filings before the final divorce decree, (2) filings after the final divorce decree, and (3) summonses and subpoenas.

Methods

Self-report surveys of 173 divorcing mothers and their divorce records from a Midwest county court were utilized. Multilevel count regression models were fitted with an interaction between the frequency of coercive control and party sex as a predictor of the rate of filings before the final divorce decree, filings after the final divorce decree, and summonses and subpoenas. A random intercept was included for divorce case.

Results

For every unit increase in the frequency of coercive control, the rate of filings before the final divorce decree increased by 6.8%, with no effect of sex. There were no significant effects of coercive control and sex on filings after the final divorce decree or summonses and subpoenas.

Conclusion

The period before the final divorce decree may be vulnerable to the control tactic of excessive filings, but it may also be when survivors seek autonomy. Family courts and state judiciaries must account for increased filings before the final divorce decree in cases with coercive control to reduce the risk of harm against survivors and their children.