Interrupting the Intergenerational Trauma of Family Violence

Shadows of child and adult holding handsIn recent years, lawyers and judges have increasingly recognized the role that exposure to trauma plays in the lives of persons who are involved with the legal system. While trauma can come in many forms,  providers of mental health or legal services need to be especially aware of trauma that is ongoing and has intergenerational consequences. The term “intergenerational trauma” has most often been associated with societal trauma that has been inflicted on certain racial or ethnic groups, who live with the effects and pass them along to succeeding generations. Frequently discussed examples of this are African American slavery, Native American forced attendance at boarding schools, and the Holocaust of World War II. All of these horrors affected survivors in a myriad of ways, and the economic, social, and emotional impact can be felt many generations later.

Here, though, I want to focus on a more mundane and equal-opportunity form of intergenerational trauma: family violence, which is defined here as physical, sexual, or emotional abuse or aggression directed against an intimate partner or child in the family. These are sadly common behaviors that occur across race, gender, and socio-economic status lines. The Centers for Disease Control and Prevention (CDC) estimates that over their lifetimes, approximately 1 in 4 women and 1 in 10 men experience physical or sexual violence or stalking, and more than 43 million women and 38 million men experience psychological aggression. The U.S. Department of Health & Human Services reports that in 2019 there were approximately 656,000 victims of child abuse and neglect in the U.S., which is a rate of 8.9 victims per 1,000 children Certain ethnic groups such as American Indians and African Americans had even higher rates, and children under 1 year of age had a rate of victimization equal to 25.7 per 1,000 children. Evidence suggests that the incidents of family violence have increased during the isolation, stress, and lock-downs of the Covid-19 pandemic.

While conventional wisdom has long suggested that children living in violent homes may learn to be abusers or victims when they grow up, research on the biopsychosocial nature of family violence gives us insight into why this is the case.

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What Does Addiction Look Like?

Picture of PillsWhen lawyers think about working with clients who have addictions, we often imagine clients who are young or middle-aged and facing legal consequences such as criminal charges for drug possession or for driving under the influence of alcohol or another drug. But not every person struggling with addictions is young, in trouble with law enforcement, or even using substances in a visible way that signals addiction to family members or professionals.

More than 2.5 million adults over age 55 struggle with addictions every year in the United States.

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After Michels v. Lyons, What Visitation Rights Do Grandparents Actually Have?

grandparents with grandchildrenAlthough the Wisconsin Supreme Court rarely hears family law cases, this year it heard Michels v. Lyons, which involved Wisconsin Statutes Section 767.43(3), also known as the Grandparent Visitation Statute.

There, a child’s maternal grandmother filed a petition for visitation after the parents, who never married and were no longer together, chose to reduce the amount of time the child spent with the grandmother. The circuit court granted visitation rights to the grandmother, and the court of appeals certified the matter to the Wisconsin Supreme Court to clarify the standard of proof that is required for a grandparent to overcome a fit parent’s decision regarding visitation.

Clarifying the standard of proof necessary, Justice Rebecca Dallett, writing for the majority, vacated the order granting the grandmother visitation and discussed the constitutionality of the Grandparent Visitation Statute itself.

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