"Mental Illness and Domestic Violence: Implications for Family Law Litigation"

by Denice Wolf Markham - 030142

Abstract Number: 030142

July 2003

Mental illnesses such as depression, posttraumatic stress disorder, and substance abuse occur in 60% to 90% of battered women according to Denice Wolf Markham's article. These and similar mental health diagnoses can negatively impact family law cases due to the stigma associated with mental illness. A mother's mental health is often used against her in custody cases as proof that she is an unfit parent. However, attorneys representing this client population have the opportunity to turn a potentially negative diagnosis into a positive outcome for both the mother and her children by using her mental health treatment as evidence in the case.

The author offers a case example to illustrate how treatment evidence can be used to maximize a battered woman's chances of winning a custody case. Markham advises that acknowledging the mental health issues not only strengthens a client's credibility, it helps prevent the abuser from exaggerating the seriousness of her illness in order to use it against her.

The article includes many suggestions as well as possible adversities lawyers face when assisting battered mothers with mental health issues. Access the full article below as a PDF document.

Contact Information:

Denice Wolf Markham
Executive Director
Center for Legal Services and Advocacy
20 East Jackson Street, Suite 500
Chicago, IL 60604
Phone: (312) 408-1210
dmarkham@life-span.org

Additional Information:

• Denice Wolf Markham, "Mental Illness and Domestic Violence: Implications for Family Law Litigation." Clearinghouse Review Journal of Poverty Law and Policy 37. Nos.1-2 (May-June 2003) 23-35.*  ( 418k)
  
  *This article appears courtesy of Clearinghouse Review.

Updated 2008

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