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.