Philip
C. Crosby, Case Comment, Custody of Vaughan: Emphasizing the Importance
of Domestic Violence in Child Custody Cases, 77 B.U. L. Rev. 483 (1997).
I. Custody
of Vaughn
A. Case
History
Shortly after Ross and Leslie [FN15] met in
Maine in 1977, Ross moved into Leslie's home. [FN16] Leslie had been divorced twice and had two children of her own,
Laura and John. [FN17] Leslie worked
as a real estate salesperson and a cocktail waitress; Ross worked odd jobs
as a carpenter and painter. [FN18] The
parties lived together for over ten years "in a relationship that had
all the characteristics of a marriage." [FN19]
The probate court found that Ross both physically
and verbally abused Leslie during their relationship. [FN20] Ross had a terrible temper and testimony demonstrated
that "he 'would fly into rages' and strike out at Leslie." [FN21]
Leslie sought medical and police assistance on multiple occasions.
[FN22] One particularly severe attack rendered Leslie
unconscious. [FN23] Ross's verbal
abuse also pervaded his relationship with Leslie. She testified that Ross "would threaten
her, call her obscene names, ridicule her physical appearance, and make derogatory
comments about her French Canadian heritage." [FN24]
Leslie and Ross both drank excessively and
used marijuana in the early stages of their relationship; [FN25] this resembles
many abusive relationships. [FN26] Yet,
also resembling other abusive relationships, the violence continued even after
they later took steps to curb their substance abuse. [FN27]
*486 Ross's
violence continued after their son, Vaughn, was born in 1982. [FN28] The
children witnessed many of the violent incidents, [FN29] and Leslie testified
that on several occasions she fled the house with the children to escape Ross's
rage. [FN30]
Beyond physical threats, Ross also played on
Leslie's fears of losing Vaughn to control her. [FN31] Leslie testified that Ross often threatened
to take Vaughn away in order to pressure her to remain in the relationship.
[FN32] Ross testified that during arguments he sometimes took Vaughn from
the house and would go to their "secret place" until the situation
"would die down." [FN33]
Ross did not confine his rage to Leslie.
As is typical of batterers, [FN34]
Ross physically and verbally abused Leslie's children, Laura and John, and
his own son, Vaughn. [FN35] Laura
and John stated that they were terrified of Ross. [FN36]
John testified that Ross would verbally abuse him, poke, kick, and
slap him. [FN37] There is also testimony
describing verbal abuse targeted at Vaughn, [FN38] as well as physical abuse
including pushing, knocking, and poking Vaughn during fits of anger. [FN39]
Ross sexually abused the children as well.
Laura testified that Ross would "kiss
her with his tongue in her mouth . . . attempted to fondle [her] . . . and
that he had walked about the house nude in her presence." [FN40]
In addition, Ross undertook inappropriate activities with Vaughn. Ross showered with Vaughn and the two gave
each other massages with scented oil. [FN41] When Leslie objected to these
activities, Ross warned her to "stay out of it" because "[t]his
is between my boy and myself." [FN42]
Ross was not the only instigator of abuse in
the household. [FN43] "Leslie
*487 [also] engaged in taunting, provocative, and violent behavior toward
Ross." [FN44] The court focused
in particular on two incidents. In
1986 Leslie entered Ross's room naked and "taunt[ed] him in the grossest
and most explicit terms" within Vaughn's hearing. [FN45] In 1988, "Leslie, 'when rejected after
demanding sexual favors from [Ross] followed him from the house to the public
road. She was naked and directed foul
language at him. This too was done in the presence of [Vaughn].' " [FN46]
The role each parent played in Vaughn's life
changed as he grew. Leslie was Vaughn's
primary caretaker until he was five years old. [FN47] Ross then began to assume additional responsibilities for the day-to-day
care of Vaughn, and for the five years preceding the trial, Ross undertook
household chores such as shopping and cooking. [FN48] Ross was very involved in Vaughn's academic and social activities,
and seemed to spoil his son with expensive gifts. [FN49] The probate court found that Ross was more
like a "friend and companion" to Vaughn and that Leslie was the
disciplinarian. [FN50]
The pervasive tension and violence finally
drove Leslie to seek a restraining order against Ross, which she received
on October 1, 1992. [FN51] The order
forced Ross to vacate and remain away from their home, to stay away from Leslie,
and to surrender custody of Vaughn, then eleven years old. [FN52] In return,
Ross initiated an action in probate court the next day to establish his paternity
of Vaughn and to obtain custody. [FN53] Leslie and Ross promptly stipulated to a judgment of Ross's paternity
and a temporary joint legal and physical custody order pending trial. [FN54]
*488 In
1993, the probate court awarded primary physical custody to Ross. [FN55] An
appeal followed, culminating in the Supreme Judicial Court's mandate that
the case be remanded to the probate court to consider the impact of domestic
violence on Vaughn, and to support its custody decision in light of that violence.
[FN56]
III. The Impact of Domestic
Violence on Children
Children
are molded by their relationship with their parents and the environment in
their home. As Dr. Peter Jaffe writes:
If [the
parent-child] relationship is characterized by trust, reciprocity, consistency,
and child-centered nurturing activities, the child's propensity to develop
positive, desirable relations with peers and other adults is . . . greatly
enhanced. Alternatively, an early
parent-child relationship marked by fear, inconsistency, and unmet physical
and psychological needs is associated with poor formation of peer relationships
and a higher frequency of behavioral and emotional disorders. [*499
FN149]
Whereas
strong, positive interactions between parents improve the home environment,
[FN150] tension and abuse between parents may adversely affect children. [FN151]
Expressions of anger between parents negatively affect children's emotions
and behavior. [FN152]
Children
who witness the abuse of their mother suffer severe emotional and developmental
injuries. [FN153] Moreover, children
in homes with inter-parental violence are frequently victims of direct physical
abuse themselves. [FN154] In addition, because battering impairs the
parenting skills of the abused mother, children often do not receive the proper
care they need from either parent. [FN155]
Ultimately, children in violent homes may view violence as an appropriate
means of resolving conflict and as an integral aspect of a close relationship.
[FN156]
A. Parents Often Disregard the Impact of Domestic
Violence on Their Children
At least
3.3 million children witness domestic violence annually. [FN157] Reports by battered mothers indicate that eighty
seven percent of children in their families have witnessed the abuse. [FN158]
Despite
evidence demonstrating that children witness most of the violence that occurs
in their homes, parents tend to minimize or be entirely unaware of the harm
the violence causes their children. [FN159]
Parents often *500 believe
that their children are unaware of violent incidents because they were "sleeping"
or "in the next room with the television on." [FN160] Adults also
assume that children will "forget" or will not understand the violence
that they have witnessed. [FN161] Interviews with children, however, demonstrate
that almost all can provide detailed accounts of the violent behavior. [FN162]
Case studies demonstrate that children are able to recall traumatic
events that occurred when they were as young as eighteen months of age. [FN163]
B. Children of Violent Homes Suffer Severe Emotional
and Developmental Problems
Children
of violent homes face many developmental hurdles. Dr. Judith Lewis Herman
writes that "[the child] must find a way to preserve a sense of trust
in people who are untrustworthy, safety in a situation that is unsafe, control
in a situation that is terrifyingly unpredictable, power in a situation of
helplessness." [FN164]
1. Isolation and Helplessness
Children
in violent homes may initially attempt to protect themselves by either avoiding
or placating the abuser. [FN165] Eventually, the batterer's violence, threats, and capricious enforcement
of rules may coerce children into developing a habit of automatic obedience,
and convince them of the futility of their resistance. [FN166] A batterer may even force his children to watch
as he abuses their mother, so that the children might learn the consequences
of disobedience. [FN167] A batterer's
attempts to maintain secrecy also isolate the children and prevent them from
forming social relationships. [FN168]
*501 Like their mothers, children's
trauma from the violence may be manifested in feelings of helplessness. The arbitrariness and inconsistency of rule
enforcement [FN169] and the unpredictability of the violence lead children
to view the world as dangerous and uncertain and their own efforts to control
their world totally ineffective. [FN170]
These
feelings of helplessness and isolation may also have tangible physical and
behavioral impacts on children. "The
developing brain itself may be directly affected; changes in neurotransmitters,
hormones, and regulation of the autonomic nervous system have been reported."
[FN171] Additionally, domestic violence
may affect children's views of their future.
Some children come to believe that they will die at an early age. [FN172]
This fatalistic outlook results in a decreased valuation of life, which
leads to a higher incidence of suicide, [FN173] increased risk-taking, [FN174]
and lower concern for personal well-being [FN175] among children raised with
domestic violence.
2. Self Blame
Traumatized
by catastrophic events, people of all ages experience self-blame as they search
for faults in their own behavior in an effort to make sense out of what has
happened to them. [FN176] This phenomenon
is heightened among young children, who lack the cognitive maturity to understand
that they are not a cause of the events surrounding them. [FN177]
Self blame generates additional stress for children and adds tension
to an already volatile home life.
3. Constant Anxiety
"Children
who witness violence are suffering an extreme form of psychological
*502 and emotional abuse by the very fact that they are growing up in
a war zone." [FN178] Anxiety
derives from the acts of violence and from the burden of seeing a parent who
is herself overwhelmed by the trauma of violence. [FN179]
Children living with violence feel no safety in their own homes, and
are too young to seek out or even want an alternative. [FN180] "Children typically turn to their parents
for protection and security, but there is no comfort or security if one parent
is the perpetrator of violence and the other a terrified victim." [FN181]
Adaptation
to this climate of constant danger requires a state of acute alertness. [FN182]
The children become trapped in a state of "frozen watchfulness."
[FN183] The continuous anxiety associated with such
constant alertness drains children's energy, leading to distraction and inattention
to intellectual tasks in school, and persistent exhaustion. [FN184]
This, however, is not the worst of these children's problems.
4. Post Traumatic Stress Disorder
The trauma
of witnessing domestic violence manifests itself in many ways. [FN185] Fifty percent of children exposed to trauma
before the age of ten develop psychiatric problems later in life. [FN186] This statistic is troubling because studies
have found that sixty five percent of children who witness domestic violence
are younger than nine years of age. [FN187]
Children
exposed to domestic violence may also experience difficulty concentrating
and sleeping, fear parental abandonment, and impose restrictive limits on
their activities, thoughts, and explorations to avoid igniting the wrath of
the abuser. [FN188] In addition, these
children often act out *503 and
exhibit aggressive behavior. [FN189] These
symptoms may be severe enough to warrant the diagnosis "post traumatic
stress disorder" ("PTSD"). [FN190]
Three
factors associated with domestic violence make post traumatic stress disorder
likely in children who observe parental abuse. First, a witness in close proximity to the
violent act is more likely to suffer from PTSD. Second, a witness with a close relationship with the victim or the
perpetrator is also more likely to suffer from PTSD. Finally, the risk of PTSD increases if the
witness perceives himself or herself as vulnerable to injury. [FN191] Observing
domestic abuse of a parent satisfies all three factors. Furthermore, evidence shows that children are
more susceptible to PTSD than adults. [FN192]
C. Higher Rates of Child Abuse and Injury
In addition
to its psychological effect on children, inter parental abuse serves as an
indicator of other types of abuse. In homes where domestic violence occurs, parents abuse and neglect
their children at a rate fifteen times higher than the national average. [FN193]
Studies have documented that between fifty-three and seventy percent
of male batterers also abuse their children. [FN194]
Furthermore, the more violent husbands are toward their wives, the
more violent wives are toward their children. [FN195] In addition, the batterer may injure the children unintentionally
during acts of domestic *504 violence
perpetrated against his partner. [FN196] Older children may be injured while actively trying to protect the
mother; [FN197] younger children and infants may be injured because they are
unable to get out of the way of an assault directed at the mother. [FN198]
D. Inadequate Parental Care
Domestic
violence undermines a victim-mother's effectiveness as a parent.
Because women are the principal caretakers in the majority of homes,
[FN199] children suffer as their mothers expend energy and resources coping
with violent partners. Abuse creates dysfunction and disorganization,
leaving children with little nurturance, support, structure, or supervision.
[FN200] Moreover, "[p]arents
who live in dangerous environments fear for their own safety and often feel
powerless to protect their children." [FN201]
E. Repeating the Cycle of Violence
Children
who witness domestic violence learn that violence is a normal part of an intimate
relationship, [FN202] and that violence is an appropriate method of discharging
tension and resolving conflicts. [FN203] They also learn that the violent
abuser in the family often goes unpunished. [FN204] An adult
*505 who witnessed domestic violence as a child is likely to use violence
in his or her own adult life. [FN205] Moreover,
children learn these lessons about violence along gender lines. [FN206] Boys
are more likely to batter their partners when they grow up, and girls are
more likely to become victims of abuse. [FN207]
Children
in homes with domestic violence are also more likely than others to be aggressive
with peers. [FN208] A 1985 Massachusetts
Department of Youth Services study found that children raised in violent homes
are twenty four times more likely to commit sexual assault and are seventy
four percent more likely to commit crimes against the person. [FN209]
[FN15]. Ross and Leslie
are Vaughn's parents. The courts used
fictitious names.
[FN16]. See Custody of Vaughn, 664 N.E.2d 434,
436 (Mass. 1996).
[FN17]. See id.
[FN18]. See id.
[FN19]. R.H. v. B.F., 653 N.E.2d 195, 196 (Mass.
App. Ct. 1995), aff'd sub nom. Custody of Vaughn, 664 N.E.2d 434 (Mass. 1996).
[FN20]. See Vaughn, 664 N.E.2d at 435. Ross was six feet, five inches tall and weighed
approximately 285 pounds. See id.
Leslie was five feet, seven inches tall and weighed approximately 150
pounds. See id.
The court noted that the disparity in their size was relevant because
the relationship was fraught with anger and violence from the start.
See id.
[FN21]. Id.
[FN22]. See R.H., 653 N.E.2d at 197.
[FN23]. See Vaughn, 664 N.E.2d at 435.
[FN24]. R.H., 653 N.E.2d at 197.
[FN25]. See Vaughn, 664 N.E.2d at 435.
[FN26]. See Renata Vaselle Augenstein & Annette
Ehrlich, Male Batterers: Evidence for Psychopathology, in Intimate Violence
139, 149 (Emilio C. Viano ed., 1992) (noting evidence of a high level of substance
abuse in batterers).
[FN27]. See Vaughn, 664 N.E.2d at 435 (noting that
Leslie joined Al Anon and Ross joined Alcoholics Anonymous).
[FN28]. See id. (adding that the police were called
on approximately one dozen occasions).
[FN29]. See R.H., 653 N.E.2d at 197 98.
[FN30]. See Vaughn, 664 N.E.2d at 435.
[FN31]. Batterers often threaten to take the children
or even harm them if the relationship ends. See Howard A. Davidson, Child Abuse and Domestic Violence: Legal
Connections and Controversies, 29 Fam. L.Q. 357, 363 (1995).
[FN32]. See Vaughn, 664 N.E.2d at 435.
[FN33]. R.H., 653 N.E.2d at 197 98 n.1.
[FN34]. See infra Part III.C.
[FN35]. See Vaughn, 664 N.E.2d at 435.
[FN36]. See id.
[FN37]. See R.H., 653 N.E.2d at 198.
[FN38]. See id. at 199 (reporting Vaughn's statement
to the guardian ad litem that Ross "would get angry, red in the face,
and yell at him").
[FN39]. See Vaughn, 664 N.E.2d at 435.
[FN40]. R.H., 653 N.E.2d at 198.
[FN41]. See id.
[FN42]. Id.
[FN43]. See id. at 197 & n.1 (detailing instances
of Leslie's unprovoked attacks on Ross). Typical of family violence, however, the injuries inflicted by Leslie
were less severe and lacked the emotional terror of Ross's abuse. See infra
notes 99 100 and accompanying text.
[FN44]. Vaughn, 664 N.E.2d at 435 36 (noting that
Leslie assaulted Ross on several occasions "in a sexual and humiliating
manner" and that she taunted him for sexually neglecting her).
The appeals court noted that Leslie, "without provocation, would
kick, knee, elbow, scratch, and bite [Ross]." R.H., 653 N.E.2d at 197.
[FN45]. Vaughn, 664 N.E.2d at 436.
[FN46]. Id. (quoting the probate judge). In an attempt to explain her actions, Leslie
testified that she had run from the house in order to retrieve the keys from
Ross's truck to prevent him from taking Vaughn away. See R.H., 653 N.E.2d at 197 98 n.1.
[FN47]. See Vaughn, 664 N.E.2d at 436.
[FN48]. See id.
In fact, the probate court ruled that Ross was Vaughn's primary caretaker
at the time of trial. See id. at 436
n.6.
[FN49]. See R.H., 653 N.E.2d at 198 99 (noting
that the gifts included motor bikes, electronic equipment, and pellet guns).
[FN50]. See Vaughn, 664 N.E.2d at 436 n.6.
[FN51]. See id. at 436. Leslie obtained this order under Mass. Gen.
Laws ch. 209A (1994). See infra notes
228 29 and accompanying text (explaining that chapter 209A provides victims
of domestic violence with the civil remedy of a restraining order).
[FN52]. See Vaughn, 664 N.E.2d at 436.
[FN53]. See id.
[FN54]. See id.
[FN55]. See id.
[FN56]. See id. at 440.
[FN149]. Jaffe et al., supra note 96, at 38.
[FN150]. See id.
[FN151]. See Betsy McAlister Groves et al., Silent
Victims: Children Who Witness Violence, 269 JAMA 262, 262 (1993) (explaining
the negative effect domestic violence has on children's development).
[FN152]. See Zuckerman et al., supra note 99, at
511; see also Groves et al., supra note 151, at 262 (asserting that children
who witness domestic violence may be particularly vulnerable to emotional
and developmental problems).
[FN153]. See infra Part III.B.
[FN154]. See infra Part III.C.
[FN155]. See infra Part III.D.
[FN156]. See infra Part III.E.
[FN157]. See Groves et al., supra note 151, at
262; see also Hearings on Fiscal Year 1996 Appropriations, Before the Subcomm.
on Labor, Health and Human Services, and Educ. of the House Appropriations
Comm., 104th Cong. (1995) (testimony of Rep. Lucille Roybal Allard). In reality, the number of children who witness
domestic violence may be closer to 10 million because domestic violence is
severely underreported. See Laurie Petrie, Witnesses Share Bruises, Cincinnati
Post, Apr. 29, 1995, at 1A; see also Marilyn Augustyn et al., Silent Victims:
Children Who Witness Violence, 12 Contemp. Pediatrics 35, 36 (1995) (citing
a study showing that more than 10 million American children per year witness
a physical assault between their parents).
[FN158]. See Petrie, supra note 157, at 1A.
[FN159]. See id; see also Zuckerman et al., supra
note 99, at 512 (contrasting this
view with children's "painfully vivid" accounts of abuse in their
homes).
[FN160]. Groves, supra note 14, at 30; see also
Jaffe et al., supra note 96, at 21 (citing studies that estimate children's
exposure to domestic violence).
[FN161]. See Laura Taylor et al., Witnessing Violence
by Young Children and Their Mothers, 15 J. Dev. & Behav. Pediatrics 120,
120 (1994).
[FN162]. See Jaffe et al., supra note 96, at 21
(asserting that "[e]xtreme events will stay with [children] for a lifetime
and may be relived through subsequent court hearings").
[FN163]. See Augustyn et al., supra note 157, at
49; see also Groves, supra note 14, at 32 34 (describing the vivid memories
of violence witnessed by Julie, a three year old, that occurred before she
was two).
[FN164]. Herman, supra note 132, at 96. A child trapped in an abusive home is faced
with formidable tasks of adaptation. Although
"[r]epeated trauma in adult life erodes the structure of the personality
already formed, ... repeated trauma in childhood forms and deforms the personality."
Id.
[FN165]. See id. at 100 (reporting that runaway
attempts are common, often beginning at age seven or eight).
[FN166]. See id.
[FN167]. See Jaffe et al., supra note 96, at 26.
[FN168]. See Herman, supra note 132, at 100.
Isolation of children is very similar to the "entrapment"
that the female victim suffers. See Stark, supra note 112, at 282-83; see also
supra notes 130-33 and accompanying text.
[FN169]. See Herman, supra note 132, at 100.
[FN170]. See Betsy McAlister Groves, How Does Exposure
to Violence Affect Very Young Children?, Harv. Mental Health Letter (Harvard
Med. Sch., Boston, Mass.), Jan. 1995, at 8.
[FN171]. Id.
[FN172]. See Augustyn et al., supra note 157, at
41.
[FN173]. See Guarino, supra note 116, at 18 (finding
that children raised in violent homes are six times more likely to attempt
suicide than children in non violent homes).
[FN174]. See Augustyn et al., supra note 157, at
41 (asserting that children from violent homes tend to drink, carry weapons,
and take more personal risks than other children).
[FN175]. See Guarino, supra note 116, at 18 (noting
that children from violent homes are 50% more likely to use drugs and alcohol
than other children).
[FN176]. See Herman, supra note 132, at 103.
[FN177]. See id. (stating that self-blame is typical
of early childhood thought processes "in which the self is taken as the
reference point for all events"); see also Groves, supra note 14, at
30.
[FN178]. Petrie, supra note 157, at 1A (quoting
Dr. Peter Jaffe, director of the Family Court Clinic in London, Ontario).
[FN179]. See Groves et al., supra note 151, at
262 (stating that "[w] itnessing relatives ... being hurt ... is especially
stressful for young children who are already struggling with developmentally
appropriate concerns about safety, competence, and bodily integrity").
[FN180]. See Jaffe et al., supra note 96, at 28.
[FN181]. Augustyn et al., supra note 157, at 39;
see also Groves et al., supra note 151, at 262 (stating that the "calm,
reassuring voice of the parent has little currency or is absent when parents
themselves are frightened and insecure").
[FN182]. See Herman, supra note 132, at 99 (explaining
that children in an abusive environment develop extraordinary abilities to
scan for warning signs of attack).
[FN183]. See id. at 100.
[FN184]. See Jaffe et al., supra note 96, at 28.
[FN185]. See Augustyn et al., supra note 157, at
50.
[FN186]. See Taylor et al., supra note 161, at
120.
[FN187]. See Groves, supra note 14, at 29.
[FN188]. See Groves et al., supra note 151, at
262 (discussing the behavioral and psychiatric effects of witnessing domestic
violence).
[FN189]. See id. (noting that witnessing domestic
abuse may lead children to engage in increased risk taking behavior).
[FN190]. See id. (explaining that symptoms of PTSD
include a diminished ability to concentrate in school, persistent sleep disturbances,
flashbacks, disordered attachment behaviors with significant caretakers, sudden
startling and hyper vigilance, and a nihilistic, fatalistic orientation to
the future).
[FN191]. See Groves, supra note 14, at 30; Groves
et al., supra note 151, at 262.
[FN192]. See Augustyn et al., supra note 157, at
41 (stating that the risk that a child less than 11 years old will develop
PTSD is three times greater than the risk that an adult will develop the disorder).
[FN193]. See Groves, supra note 14, at 30 (finding
that in approximately 60 to 75% of families in which a woman is battered,
children are also battered); see also Davidson, supra note 31, at 357 (finding
that in homes with severe domestic violence, 77% of the children were also
abused).
[FN194]. See, e.g., Schechter & Mihaly, supra note 8, at 12; Carroll, supra note
112, at 93; Davidson, supra note 31, at 357 58. Even if batterers do not physically abuse their children, they typically
possess poor parenting skills that often result in distance from and uneasiness
with their children. See Carroll,
supra note 112, at 94.
[FN195]. See Guarino, supra note 116, at 16; see
also Davidson, supra note 31, at 359 (stating that some parents who are the
victims of abuse are also the perpetrators of abuse upon their children). This "derivative violence" appears
to be directly linked to the abuse of the mother by her partner. See Guarino, supra note 116, at 16. Although 28% of battered mothers reported abusing
a child, the abuse drops markedly after the mothers leave their batterers.
See Schechter & Mihaly, supra note 8, at 12 (noting that mothers
abuse their children eight times more frequently while she is living with
the batterer than after she left or the batterer left the home).
[FN196]. See Groves, supra note 14, at 30.
[FN197]. See Davidson, supra note 31, at 358 (discussing
injuries to children who attempt to intervene on the victim's behalf).
[FN198]. See Jaffe et al., supra note 96, at 27
(discussing injuries to children who are "caught in the cross fire").
[FN199]. See Gender Bias Study, supra note 84,
at 61 (finding that mothers are most often primary caretakers even when they
work outside the home).
[FN200]. See Jaffe et al., supra note 96, at 23;
see also Groves, supra note 170, at 8 ("Parents who are chronically fearful
or who have themselves been exposed to trauma may find it difficult to remain
sensitive to their children's feelings. They
may be so depressed or grief stricken that they can do little to satisfy
the child's increased need for comfort, reassurance, and protection.").
A victim may be incapable of attending to her children's needs because
of the abuse she suffers. See Zuckerman
et al., supra note 99, at 512.
[FN201]. Augustyn et al., supra note 157, at 50.
[FN202]. See Dobash & Dobash, supra note 114,
at 152 (noting, however, that it "would be an erroneous leap to the conclusion
that all children who witness assaults on their mother or other forms of violence
between family members are necessarily the seed pods of the next generation
of violent families").
[FN203]. See Augustyn et al., supra note 157, at
39 (citing a study at Johns Hopkins Hospital that showed that nearly 40% of
the mothers attending a clinic at the inner city hospital reported that violence
was a way of settling disagreements in their families).
[FN204]. Dr. Peter G. Jaffe, testifying for Leslie,
expressed his belief that awarding Ross custody of Vaughn would condone the
violence committed by Ross. See R.H.
v. B.F., 653N.E.2d 195, 201 (Mass. App. Ct. 1995), aff'd sub nom. Custody
of Vaughn, 664 N.E.2d 434 (Mass. 1996).
[FN205]. See Davidson, supra note 31, at 369 (stating
that children who witnessed domestic violence "tend to be more aggressive
and punitive toward their own children or to be violent and demonstrate a
general disregard for the rights and welfare of others").
[FN206]. See Groves et al., supra note 151, at
262.
[FN207]. See Augustyn et al., supra note 157, at
41; Davidson, supra note 31, at 369. In
fact, a son who witnesses abuse of his mother is more likely to become a batterer
than one whose father beats him. See
Carroll, supra note 112, at 92. In
Vaughn, Leslie's expert witness stated that "80 percent of all men who
batter their partners have witnessed violence in their family of origin."
R.H., 653 N.E.2d at 201. Furthermore,
in a "fifteen year study of divorcing families in which violence was
a factor, all of the sons became abusers in their own love relationships." Carroll, supra note 112, at 91.
[FN208]. See Augustyn et al., supra note 157, at
41.
[FN209]. See Guarino, supra note 116, at 18 (asserting
that those "within the legal process must exercise responsibility to
see to it that such children receive the help they need in order to avoid
perpetuating the cycle of violence so harmful to families and society as a
whole"). A study in Oregon found
that 68% of delinquent youths reported having experienced domestic violence.
See id.