When a judge forces someone to reconcile with their abuser, it is a betrayal by the justice system. Unfortunately, this is the harsh reality many victims of domestic violence and their children face in Georgia. Courts across the state are mandating reunification therapy, a dangerous practice, especially in cases where abuse or violence has occurred. This article delves into the risks of reunification therapy in domestic violence cases, focusing on Houston County, GA, where courts are legally forcing victims and minors to reconcile with their abusers.
What Is Reunification Therapy?
Reunification therapy, often called reconciliation therapy, aims to heal the relationship between a child and a parent after a period of estrangement. Courts typically order it when one parent becomes “rejected” or “alienated,” often during a divorce. While this might sound like a noble goal in some cases, reunification therapy becomes harmful and even life-threatening when applied to cases of abuse.
In Georgia, this type of therapy has been legally ordered even in situations where abuse is present. It’s extremely alarming when a judge forces a child to reconcile with a parent who has physically or emotionally harmed them. In one case, a court ordered a minor who had been physically assaulted by a parent to undergo reunification therapy with the abuser. The child faced potential arrest for resisting. This is not an isolated incident.
Reunification therapy, when improperly applied in cases of domestic violence, often intersects with both legal and religious abuse. Legal abuse happens when the justice system’s decisions, such as enforcing forced reunification, worsen the victim’s trauma instead of offering protection. Additionally, religious abuse emerges when faith-based principles are manipulated to justify harmful practices, such as compelling reconciliation with an abuser under the guise of forgiveness or divine will. In both instances, the abuse of authority erodes the victim’s autonomy and safety. Consequently, these practices perpetuate cycles of harm and highlight the urgent need for systemic reform.
Why Is Reunification Therapy Dangerous in Domestic Violence Cases?
Reunification therapy is a contentious subject with both strong advocates and vocal critics. Supporters, including many therapists and programs, argue that reunification therapy offers several benefits. It can help children develop a more balanced view of both parents, strengthen the bond with an alienated parent, and improve family communication and conflict resolution skills. Additionally, it may help remove the child from an environment that contributes to parental alienation. Further, it motivates them to follow court orders, potentially restoring normalcy. Furthermore, it provides an opportunity for the favored parent to address and amend any distorted or rigid thinking.
Conversely, critics highlight the lack of scientific evidence supporting the long-term efficacy of reunification therapy. They also raise concerns about potential issues such as pressuring a child to spend time with an abusive parent, escalating family conflict, and traumatizing children forced to attend therapy sessions against their will. In response to these concerns, recent legislative actions, including Kayden’s Law passed in 2022 as part of the Violence Against Women Act, aim to address these problems. This law increases funding for states that limit the use of reunification programs in cases involving domestic violence, mandates scientific proof of program safety and effectiveness, prohibits treatments that sever contact with a preferred parent and requires addressing the behavior of the accused parent.
The Misapplication of Therapy Designed for Estrangement, Not Abuse
Forced Contact with Abusers
Imagine a child, traumatized or assaulted by a parent, forced by the court to sit in the same room with that person under the guise of “healing.” The child has no choice and ends up feeling re-traumatized rather than safe. As a domestic violence survivor once told me, “Being told to reconcile with my abuser made me feel like my safety didn’t matter.” This is the exact message reunification therapy is sending, forcing victims and children to confront their worst fears.
Re-Traumatization Through Therapy
Forcing victims to engage with their abuser can lead to re-traumatization, which can hinder their emotional recovery. Reunification therapy often requires both parties to discuss their feelings and emotions, but in cases of abuse, this can become a tool for further manipulation. Abusers are skilled manipulators, and therapy sessions are a way for them to exert control over their victims. Rather than promoting healing, this therapy reopens old wounds, leaving the victim feeling even more helpless.
Ignoring the Realities of Domestic Violence
In many cases, courts fail to recognize the complex nature of domestic violence. They may view the estrangement between the parent and child as the result of simple “alienation” or “misunderstanding,” completely overlooking the abuse that caused the estrangement in the first place. As a result, the safety of the victim takes a backseat to the “rights” of the abuser.
In Georgia, courts sometimes prioritize reconciliation over protection, which is a serious flaw in the system. Under Georgia Code Title 15, Chapter 11, courts must make reasonable efforts to reunify families, but they should not apply this universally in cases of abuse. Courts must differentiate between situations of estrangement and those involving legitimate fear and trauma.
The Legal Implications: Victims Face Arrest for Resisting Reunification
In this shocking case, a Georgia court not only ordered a minor who was assaulted by their parent to reconcile through therapy but also threatened them with arrest if they refused to cooperate. This is a prime example of how the justice system is failing to protect the most vulnerable members of society. Instead of offering safety, protection, and support, the court placed the child in further harm’s way, disregarding their emotional and physical well-being.
How can we expect victims, especially children, to feel safe when the institutions meant to protect them contribute to their re-victimization? We must reform these outdated policies and ban reunification therapy in cases of domestic violence.
Advocating for Policy Change in Georgia
Policy Reform Is Necessary
Georgia legislators must address this issue head-on. Other states have already recognized the dangers of reunification therapy in cases involving abuse and have banned the practice. Georgia must follow suit. By updating the Georgia Code to explicitly prevent reunification therapy in cases of domestic violence and child abuse, we can begin to protect victims rather than re-traumatize them.
The Role of Advocacy
Survivors, advocates, and legal professionals need to come together to push for policy change. Without action, courts will keep issuing harmful orders that prioritize the abuser’s rights over the victim’s safety and well-being. Therefore, we must raise awareness and push our legislators to ensure they hear the voices of survivors.
Court Reform
Courts also need more training to recognize the differences between estrangement and abuse. Additionally, judges, attorneys, and therapists must understand the complexities of domestic violence and recognize the real harm that reunification therapy can inflict in these cases. Furthermore, court-ordered therapy should focus on protection and healing, not forcing victims back into the arms of their abusers.
Personal Stories: Real-Life Impact
Too often, stories of victims being harmed by court orders go untold. One survivor recounted their experience:
“The judge refused to grant me a new protective order (PTO) and completely ignored the existing divorce order.” Moreover, the judge commented on the consequences of not following his orders for not only adults but children as well, highlighting a lack of mercy and compassion toward abuse victims in our court system. The original parenting plan included a PTO and also other protections against the domestic violence and assault that had taken place. Furthermore, the judge mandated reunification therapy. This situation closely mirrored that of another well-known case.
This story isn’t unique. Countless victims also face the same fate in courts across Georgia and beyond.
Conclusion: Reform Reunification Therapy
Reunification therapy has no place in cases of domestic violence. Forcing victims, especially children, into contact with their abusers is dangerous and irresponsible. Thus, Georgia must update its laws to reflect this reality, and we need to educate courts about the harm these orders can cause. Therefore, we must advocate for policy changes to protect the most vulnerable, and we need to ensure that victims are not retraumatized by the very system designed to keep them safe.
When a judge ignores past domestic violence in custody or reunification decisions, it endangers victims and undermines trust in the legal system. This oversight can expose individuals, especially children, to further harm and trauma. To address this issue, affected parties can appeal the decision or request a review. They may also file a complaint with judicial oversight bodies. Seeking help from legal advocates and support organizations provides additional resources. Moreover, advocating for legislative changes and ensuring ongoing training for judges on domestic violence are crucial steps. These actions help prevent such injustices and ensure that all relevant evidence is properly considered in family law cases.
Georgia has a long way to go, but with concerted effort, we can change the laws and ensure that no one is forced to reconcile with their abuser.
References
Georgia Code § 15-11-58 – Reasonable efforts regarding reunification of family; reports and plans; custody orders when reunification found not to be in child’s best interest; duration of orders; review of determinations; hearings; supplemental orders, TITLE 15, CHAPTER 11, ARTICLE 1, PART 6. (2010). Retrieved from https://law.justia.com/codes/georgia/2010/title-15/chapter-11/article-1/part-6/15-11-58/
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