In the Best Interests of Battered Women: Reconceptualizing Allegations of Failure to Protect

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Abstract
There is substantial evidence that domestic violence and child maltreatment coexist in some families. It is essential for child maltreatment professionals to understand child neglect as it occurs in the context of domestic violence. A common but mistaken approach is to allege in a child maltreatment petition that the battered woman failed to protect her child or children. The article explores the conceptual and practical difficulties with the concept of failure to protect. Two erroneous assumptions that lead to a finding of failure to protect are that witnessing domestic violence is inherently child maltreatment and believing that the battered woman and her children must leave to be safe. The behavior of battered women toward their children likely falls along a continuum from nonabusive to abusive. Child maltreatment professionals should move beyond labels and examine the complexity of the situation confronting a battered woman and her children. Suggestions for training, legislation, research, and practice are offered.

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