Paper Abuse:
Documenting New Abuse Tactics
by Susan L. Miller and
Nicole L. Smolter*
Editor’s
Note: In this piece, Susan L. Miller and Nicole L. Smolter describe “Paper
Abuse,” a common form of intimate partner abuse that operates within the venue of the legal system. Sometimes
referred to as “legal abuse,” a term popularized by Dr. Karin Huffer’s book Legal Abuse
Syndrome, paper abuse encompasses repeated filings of frivolous, vindictive
legal motions by abusers and their
attorneys solely for the purpose of wearing down their victims financially and emotionally. This commonly reported experience
causes enormous stress on victims who are already suffering the trauma caused by their earlier
interactions with their batterers and
who must now have contact with them via the legal processes and appearances demanded by the abuser’s
baseless motions.
A
|
s most victims/survivors, victim
service advocates, and other professionals know all too well, it is naive to
think that abuse ends once a violent relationship is over. In fact, research
reveals that battered
women are at higher risk of
serious injury or death following the termination of a relationship (Tjaden
& Thoennes, 1998). In addition to the heightened risk of physical violence, many victims are also subject to
other forms of abuse as well as stalking (Mechanic, Weaver, & Resick,
2000). “Paper abuse” can have debilitating consequences and needs greater
attention. This concept incorporates acts that are routinely used by batterers
against their former partners to continue victimization and includes a range of
behaviors, such as filing frivolous lawsuits, making false reports of child
abuse, and taking other legal actions as a means of exerting power, forcing
contact, and financially burdening their ex-partners. Legal venues, including
protection order hearings and divorce and child custody proceedings, are
particularly ripe for paper abuse not only because they involve multiple
meetings and hearings but also because these types of cases are often heard by
multiple judges. In this often lengthy process, histories of abuse can be
ignored, forgotten, or distorted by the abuser. Victims are also often legally
required to participate in these proceedings and, when they do, may have few resources
for protecting themselves. We suggest this element of forced contact restricts
victims’ access to protection and creates ongoing hassles, burdens, and
frustrations. Thus, despite the lack of physical violence, paper abuse should
be recognized as an example of continued victimization.
