Spousal abuse in custody proceedings – worse if abused suffers from mental ill health.

Research shows that people with mental health illnesses are more likely to be the victims of violence than the general population. (Graham Thornicroft – Shunned). One study showed that people with mental illness were two and a half times more likely to be the victims of violent crime than the general population (8.2% compared to 3.1%). There are many, many studies trying to determine which category of people are most likely to be violent and these studies vary in their conclusions. The role of alcohol or drug use appears to be a stronger predictor for violence than does having a diagnosis of a severe mental illness. As Prof Thornicroft points out, there aren’t studies of the prevalence of violence amonst “the physically ill”….

However, there are many studies which point to the prevalence of domestic violence perpetrated against the mentally ill. Some might say that living with a person with a mental health problem “causes” them to become angry/frustrated/fed up with the sufferer and that they are “pushed” into becoming violent towards them or that they are “defending” themselves against the mentally ill person’s “attack” (verbal or physical). The huge problem with domestic violence is seeing through the issue of “who started it” much like a parent has to see through which child hit the other first or which child started the argument. What is obvious, however, (and supported by a lot of research) is that many sufferers of depression and anxiety have such low self esteem that it is very easy for them to become victims of bullying, intimidation, harrassment, ill-treatment etc as they find it very difficult to stand up for themselves or to believe in themselves sufficiently well to be assertive with those around them. People with mental ill health are often told that they have “lost their reason or judgement” and they therefore doubt themselves when their spouse is telling them that they are wrong/stupid/unreasonable/selfish/uncaring/lazy/irresponsible etc etc. They lack the certainty that their own perceptions and judgements are correct as they are constantly reminded that they are “ill”. This makes it very easy for an abuser to get to the core of their victim and succesfully abuse them, hold power over them and undermine them to the point of cruelty. The “mind games” that a spouse can play over their mentally ill partner can be devastating. 

This has been my own experience. My ex husband played with my mind in exactly this manner. I now see this and can compare it directly with my experience with my partner of the last 3 years. My partner plays none of these games, nor does he try and control, manipulate, bully or abuse me in any way. I am fortunate enough to have formed such a close bond with another person to enable me to make these comparisons.

Researching the link between mental ill health and domestic violence has been hugely helpful to me in making my recovery. I can distinguish between those behaviours of mine which were destructive and those behaviours which resulted from being abused by my ex husband. Reading the profiles of an abuser helps to recognise a pattern of behaviour or dynamic in a domestic violence relationship. As a result, a person can disentangle those behaviours which are attributable to their own personality and those which resulted from being abused.

One such piece of research is an article from Mr Lundy Bancroft. This article rings so true for me as it is so close to the truth of my own experience. I have highlighted in bold those sentences which are exactly like my ex spouses behaviour.  Read the entire article by clicking on the following link or by visiting the Justice for Mothers website:

Here is an except from Mr. Bancroft’s article:

An abuser’s desire for control intensifies as he senses the relationship slipping way from him. He focuses on the debt he feels his victim owes him, and his outrage at her growing independence. (This dynamic is often misread as evidence that batterers have an inordinate “fear of abandonment.”) He is likely to increase his level of intimidation and manipulation at this point; he may, for example, promise to change while simultaneously frightening his victim, including using threats to take custody of the children legally or by kidnapping. Those abusers who accept the end of the relationship can still be dangerous to their victims and children, because of their determination to maintain control over their children and to punish their victims for perceived transgressions. They are also, as we will see later, much more likely than non-batterers to be abusive physically, sexually, and psychologically to their children.

The propensity of a batterer to see his partner as a personal possession commonly extends to his children, helping to explain the overlap between battering and child abuse. He tends, for example, to have an exaggerated reaction when his ex-partner begins a new relationship, refusing to accept that a new man is going to develop a bond with “his” children; this theme is a common one in batterer groups. (Marie: My ex took out a Prohibited Steps Order against my new partner claiming that he was a danger to my children simply becuase he suffered from Bipolar too). He may threaten or attack the new partner, make unfounded accusations that the new partner is abusing the children, (Marie: there were numerous threatening letters sent to my new partner accusing him of all kinds of behaviour), cut off child support, or file abruptly for custody in order to protect his sole province over his children.

A batterer who does file for custody will frequently win, as he has numerous advantages over his partner in custody litigation. These include, 1) his typical ability to afford better representation (often while simultaneously insisting that he has no money with which to pay child support), (Marie: my ex spent earns over £450k pa but maintains that he cannot afford to pay maintenance to me). 2) his marked advantage over his victim in psychological testing, since she is the one who has been traumatized by the abuse, 3) his ability to manipulate custody evaluators to be sympathetic to him, and 4) his ability to manipulate and intimidate the children regarding their statements to the custody evaluator.

There is also evidence that gender bias in family courts works to the batterer’s advantage. (Massachusetts Supreme Judicial Court Gender Bias Study) Even if the batterer does not win custody, his attempt can be among the most intimidating acts possible from the victim’s perspective, and can lead to financial ruin for her and her children.

I am still living in my brother’s spare room, 18 months after being ordered to leave the matrimonial home whilst he remains in our 7 bedroomed house. This means that the children’s home with me is still my brother’s spare room where we all share a bed. I have no car of my own ( I have to borrow my boyfriend’s) whilst he has just bought a new BMW people carrier. I have been awarded 12% of his income whilst he keeps the rest. I am over £450k in debt.

Would this happen if I were not “mentally ill”? If I had been strong enough to stand up for myself, and/or didn’t have a set of medical records and a condition that would be used against me in court, would I be in the situation I’m in? I don’t think so. Many of my readers have given similar accounts of how they have been abused by their spouses due to their own lack of self esteem arising from their mental health problems. There are many articles, comments, forum chats where people have said the same thing ie that they have been abused by their partners because they have suffered from a mental health problem which their spouse has used against them to take control, intimidate, manipulate and ultimately punish by taking their children away from them.

Any similar stories out there? Anyone who disagrees with this perception/research? As usual, any feedback gratefully received….