Malicious Reports of Child Maltreatment as Coercive Control: Mothers and Domestic and Family Violence

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ORIGINAL ARTICLE

Malicious Reports of Child Maltreatment as Coercive Control: Mothers and Domestic and Family Violence Heather Douglas 1

&

Emma Fell 1

# Springer Science+Business Media, LLC, part of Springer Nature 2020

Abstract Coercive control is increasingly recognized as fundamental to women’s experiences of domestic and family violence (DFV). Systems abuse is also being increasingly recognized by researchers as a tactic of coercive control in the context of DFV. This article explores the phenomenon of abusive partners or ex-partners making malicious false reports of child maltreatment to child protective services as an aspect of coercive control and systems abuse. The article draws on interviews with 65 women who have been victims of DFV, focusing on the experiences of 11 of the interviewees who have been maliciously reported, or received threats that they will be reported, to child protection services by an abusive ex-partner. Those interviewees who had been the victim of malicious reports of child maltreatment by an abusive partner or ex-partner experienced substantial negative impacts. The article concludes that improved investigation processes and investigating both parties, where the reporting party has been found to be a perpetrator of DFV, may better support victims of DFV and deter perpetrators from this form of abuse. Keywords Domestic and family violence . Child protection . Coercive control . Systems abuse . False allegations

Introduction In Australia, domestic and family violence (DFV) is increasingly understood as a pattern of behaviors involving the perpetrator’s exercise of control over the victim (Australasian Institute of Judicial Administration (AIJA) 2019, [3.1]). This understanding has been influenced by Evan Stark’s (2007) research on coercive control. Behaviors that underpin coercive control may include physical violence, isolation, monitoring, emotional abuse and control of finances (AIJA, 2019, [3.1]). Systems abuse, including vexatious, unfounded and protracted legal proceedings, is another aspect of coercive control and DFV which has garnered some attention (Miller and Smolter 2011; Prezkop 2011; Ver Steegh 2005). The issue of malicious false complaints as a form of systems abuse and an extension of coercive control has been identified elsewhere as a genuine problem facing victims of DFV (Miller and Smolter 2011, p. 637), but little research has been conducted about it or on possible solutions. This article investigates the * Heather Douglas [email protected] 1

T.C. Beirne School of Law, The University of Queensland, Sir Fred Schonel Drive, St Lucia, Queensland 4072, Australia

problem of malicious false reports against mothers made to child protection services (CPS) by abusive partners or expartners as a form of systems abuse and an extension of coercive control. The research builds on and extends existing knowledge about this issue and suggests some possible responses to the issue. This article draws on interviews with 65 victims of DFV about their experiences engaging