Do No Harm: An Analysis of the Legal and Social Consequences of Child Visitation Determinations for Incarcerated Perpetrators of Extreme Acts of Violence Against Women

82 Pages Posted: 2 Feb 2009 Last revised: 17 Mar 2009

Dana Harrington Conner

Widener University Delaware Law School

Date Written: January 29, 2009

Abstract

Despite the attention prison visitation has received in general, little consideration is given to the nature of the crime for which a parent is incarcerated, intimate partner violence in particular, and how such crimes affect bonding and ultimately prison visitation determinations.

Although research suggests prison visitation can be advantageous to parent-child bonding essential to the healthy development of children, it appears that the nature of the bond is a significant factor to consider when assessing the appropriateness of continued contact. This matter is further complicated by the trauma associated with childhood exposure to extreme acts of violence against a parent and how that exposure shapes bonding.

This article suggests that courts have a unique opportunity to stop the intergenerational transmission of violence in extreme cases through proper assessment and limitations on visitation. Denying visitation to incarcerated batterers, however, is a quick fix to a problem which will eventually resurface once the parent is released from incarceration. Thus, the writer argues that courts have a responsibility to be creative in fashioning relief that takes into account the needs of children suffering from trauma and the treatment of batterers.

Keywords: Women, Domestic Violence, Intimate Partner Violence, Abuse, Batterer, Visitation, Prison Visitation, children

JEL Classification: k39

Suggested Citation

Harrington Conner, Dana, Do No Harm: An Analysis of the Legal and Social Consequences of Child Visitation Determinations for Incarcerated Perpetrators of Extreme Acts of Violence Against Women (January 29, 2009). Columbia Journal of Gender and Law, Vol. 17, 2008; Widener Law School Legal Studies Research Paper No. 09-03. Available at SSRN: https://ssrn.com/abstract=1334951

Dana Harrington Conner (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Paper statistics

Downloads
117
Rank
195,176
Abstract Views
1,378