High conflict often involves both partners challenging each other, fighting in court and out, with both being equally responsible for the conflict. Post Separation Abuse is often one partner using power and control to abuse the legal system, provide false narratives and destroy the victim who must always be on the defensive.
Family court professionals and mental health professionals must work together to recognize the abusive patterns and provide safeguards to protect victims and their children.
Common Post Separation Abuse patterns in family court look like:
Failure to pay child support or follow a court order.
Using manipulative, coercive control language and behavior to harm victim partner, not work collaboratively.
Frivolous motions filed.
History of domestic violence or coercive control in the marital relationship.
According to the Washington University School of Law, “when the abuser takes the victim to court, often repeatedly, each encounter may traumatize her again. She is forced to defend herself against her abuser, appear in the same room with him, and listen to him accuse her of wrongdoing or inadequacy. Additionally, because the court system largely does not recognize or understand post-separation intimate and judicial terrorism, the very forum in which the victim seeks safety and justice may deny her both, retraumatizing her in yet another way.”
Source: Spearman, K. J., Hardesty, J. L., & Campbell, J. (2023). Post- separation abuse: A concept analysis. Journal of Advanced Nursing, 79, 1225–1246 https://doi. org/10.1111/jan.1531
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