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Abstract: 

Battered women are encouraged to leave abusive partners to prevent their children’s exposure to violence, among other reasons. Increasingly, battered women are being charged with “failure to protect” their children if they fail to separate from a batterer. An abuser who is the father of the child may, however, petition the court for visitation. It is quite possible that the victim will continue to be abused during exchange of the children for visits and that the children will continue to witness violence. Substantial evidence shows that ending an abusive relationship poses risks for victims because some batterers escalate their violence when they feel they are losing their partners. This article discusses that and related questions by analyzing a New York State study. It includes two tables: ”Disposition of Fathers’ Visitation Petitions as a Function of Family Offense Actions in New York City Family Courts (1995)” and “Disposition of Fathers’ Visitation Petitions as a Function of 1995 Family Offense Actions in Westchester County”.

Keywords: visitation when there is the risk of violence

Affiliations:  1: Victim Services, New York City.