BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE FOLLOWING INTIMATE PARTNER VIOLENCE by NICOLE FRANCES KRAGT Bachelor of Arts in Religion, Summit Pacific College, 2018 Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS IN COUNSELLING PSYCHOLOGY in the FACULTY OF GRADUATE STUDIES TRINITY WESTERN UNIVERSITY June 2021 © Nicole Frances Kragt, 2021 BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE The following committee members attest to the successful completion of this thesis Deepak Mathew, Ph.D. Thesis Supervisor Marvin McDonald, Ph. D. Kaori Wada, Ph. D. Second Reader External Examiner ii BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE iii ABSTRACT Intimate partner violence (IPV) is a major health concern, which causes detrimental physical, emotional, and economic impacts on victims, witnesses, and society (World Health Organization, 2010). Survivors of IPV are often left with ranges of negative health consequences. Upon leaving their abuser, women seek justice and protection through the legal system. However, perpetrators of IPV may continue abusive tactics through legal proceedings. Although litigation is used by women for safety and relationship closure, it can provide perpetrators another avenue for continuing harassment towards the victim that is legally justified. For the purposes of this study, I have used the term litigation abuse to define a range of tactics used by a perpetrator to continue to abuse, harass, and control their victim through the courts. This study aims to provide women an opportunity to share their story of litigation abuse in Canada. The research question for this study is: What are the voices present in the experience of litigation abuse following intimate partner violence for women? Seven women who experienced litigation abuse following intimate partner violence were recruited. The listening guide, a qualitative feminist method, was used to explore multiple layers of voice within the women’s experiences. Two main categories of voice emerged within all participant narratives: voices of apprehension and voices of freedom. This study seeks to understand litigation abuse through a counselling psychology research lens, by contributing to theory and practice in introducing the beyond the barrier model. Furthermore, increased knowledge may help contribute to a greater awareness, improve therapeutic interventions, and generate community responses to support victims of litigation abuse. Keywords: intimate partner violence, litigation abuse, women’s voices, the legal system BEYOND THE BARRIERS: WOMEN’S VOICE IN LITIGATION ABUSE iv TABLE OF CONTENTS ABSTRACT.................................................................................................................................... ii TABLE OF CONTENTS ............................................................................................................... iv LIST OF TABLES ....................................................................................................................... viii LIST OF FIGURES ....................................................................................................................... ix ACKNOWLEDGEMENTS ............................................................................................................ x CHAPTER 1: INTRODUCTION .................................................................................................. 1 CHAPTER 2: LITERATURE REVIEW ........................................................................................ 5 Intimate Partner Violence ...................................................................................................... 5 History of IPV Research in North America .......................................................................... 5 Theories of IPV Against Women .......................................................................................... 9 Individual and Social Explanations ....................................................................... 9 Sociocultural Explanations for IPV Against Women .......................................... 12 Gender Differencces in Perpetratrators of IPV ................................................................... 15 Men’s Violence Towards Women ....................................................................... 16 Typologies of Male Perpetrators .......................................................................... 16 Women’s Use of Violence in Relationship .......................................................... 18 Causes and Risk Factors for Female Victimization of IPV ................................................. 19 Individual and Relationship Factors ................................................................... 19 Community and Societal Factors ......................................................................... 20 Health Consequences for Femaile Victims of IPV.............................................................. 21 Physical Health Outcomes ................................................................................... 21 Mental Health Outcomes ..................................................................................... 22 BEYOND THE BARRIERS: WOMEN’S VOICE IN LITIGATION ABUSE v Healing from Intimate Partner Violence for Women .......................................... 23 Systemic Responses to Intimate Partner Violence Towards Women ................................. 23 Experiences with Police ........................................................................................ 23 Experiencing with the Justice System .................................................................. 25 Litigation Abuse ................................................................................................................. 28 Litigation Abuse Tactics ...................................................................................... 29 Impact of Litigation Abuse for Victims of IPV .................................................... 32 Preventing Litigation Abuse in Canada .............................................................................. 33 Rational, Purpose, and Research Question ......................................................................... 34 CHAPTER 3: METHODOLOGY ................................................................................................ 37 Research Paradigm .............................................................................................................. 37 Ontology ............................................................................................................... 38 Epistemology ........................................................................................................ 38 Anxiology ............................................................................................................. 40 The Rationale Transformative Paradigm .............................................................. 41 The Listening Guide: A Qualitative Methodology ............................................................. 42 Rationale for the Listening Guide Methodology .................................................. 44 Position of the Researcher .................................................................................... 46 Participant Selection and Recruitment ............................................................................... 48 Sampling ............................................................................................................................. 50 Data Collection .................................................................................................................... 51 Data Analysis....................................................................................................................... 52 Applying the Listening Guide ............................................................................... 53 BEYOND THE BARRIERS: WOMEN’S VOICE IN LITIGATION ABUSE vi Rigour and Quality ............................................................................................................. 56 Ethical Considerations ........................................................................................................ 59 CHAPTER 4: RESULTS .............................................................................................................. 61 Sandra’s Story ..................................................................................................................... 62 Lisa’s Story.......................................................................................................................... 71 Summer’s Story ................................................................................................................... 79 Tiana’s Story ....................................................................................................................... 87 Melissa’s Story .................................................................................................................... 94 Sophie’s Story .................................................................................................................. 101 Marlena’s Story ................................................................................................................ 109 Synthesized Voices of Participant Stories ........................................................................ 117 Voices of Apprehension ...................................................................................... 120 Voices of Freedom .............................................................................................. 126 CHAPTER 5 DISCUSSION ....................................................................................................... 135 Summary of Rationale and Research Question ................................................................. 135 Researcher Reflexivity ..................................................................................................... 135 Contribution to Literature ................................................................................................. 137 Voices of Apprehension ...................................................................................... 138 Voices of Freedom .............................................................................................. 144 Contributions to Theory .................................................................................................... 148 From Apprehension to Freedom: Experiences in the Legal System................... 150 From Apprehension to Freedom: Interactions with the Perpetrator ................... 151 From Apprehension to Freedom: Connecting with the Self .............................. 153 BEYOND THE BARRIERS: WOMEN’S VOICE IN LITIGATION ABUSE vii Implications for the Study: A Community Response in Breaking Barriers ...................... 154 Awareness of Litigation Abuse ........................................................................... 155 Resources for Victims ........................................................................................ 156 A Victim Centered Approach ............................................................................. 157 Continuity of Care Among Professionals .......................................................... 158 Strengths and Limitations ................................................................................................. 160 Future Directions for Research ......................................................................................... 161 Conclusion ........................................................................................................................ 162 REFERENCES ........................................................................................................................... 164 APPENDIX A Pilot Study Results ............................................................................................. 180 APPENDIX B Interview Protocol and Debriefing .................................................................... 184 APPENDIX C Resource Sheet .................................................................................................. 185 APPENDIX D Informed Consent Form ..................................................................................... 186 APPENDIX E Letter of Initial Contact ..................................................................................... 188 APPENDIX F Confidentiality Agreement ................................................................................. 189 APPENDIX G Debriefing Letter .............................................................................................. 190 APPENDIX H Follow up Interview Prompts ............................................................................ 191 BEYOND THE BARRIERS: WOMEN’S VOICE IN LITIGATION ABUSE viii LIST OF TABLES Table 1 Voices of Apprehension................................................................................................ 118 Table 2 Voices of Freedom ...................................................................................................... 119 BEYOND THE BARRIERS: WOMEN’S VOICE IN LITIGATION ABUSE ix LIST OF FIGURES Figure 1 Sandra’s Who I am Poem Illustration ............................................................................ 70 Figure 2 Lisa’s Faith Metaphor Illustration ................................................................................. 78 Figure 3 Summer’s Dark Path Metaphor Illustration .................................................................. 86 Figure 4 Tiana’s Black Hole Metaphor Illustration .................................................................... 93 Figure 5 Melissa’s Leech Metaphor Illustration ........................................................................ 100 Figure 6 Sophie’s Treading Water Metaphor Illustration .......................................................... 109 Figure 7 Marlena’s Prison Metaphor Illustration....................................................................... 117 Figure 8 Beyond the Barrier Model ............................................................................................ 149 BEYOND THE BARRIERS: WOMEN’S VOICE IN LITIGATION ABUSE x ACKNOWLEDGEMENTS To Deepak: Words cannot express how thankful I am to have had you journey with me through this project. Thank you for your constant support and attentive kindness towards me in the ups and downs of this research journey. You have truly blessed me by believing in me from the beginning to the end, when I struggled to believe in myself. Thank you for caring for me and encouraging me as I have grown both professionally and personally through this project. To my mom: You always have and always will hold a special place in my heart. Thank you for always being a safe place for me when I need someone to talk to. Your resilience and strength through life’s difficult circumstances continues to inspire me to reach for my dreams. To my dad: When I need a laugh or a listening ear, you are always there. Thank you for loving me unconditionally and providing me with encouragement to pursue my dreams. To my love Connor: Thank you for your constant loving support. For walking with me as we spent long hours reading and re-reading this thesis. You are my greatest treasure, and I am so blessed to have you in my life. To Shannon: Thank you for believing in me and for your loving friendship and support. To the women who participated in this study: Thank you for sharing some of the most personal and deeply meaningful aspects of your life with me. Your stories deserve to be heard and your voices made known to the world. Each of you inspired me as you bravely shared your unique stories. I am honoured to have witnessed the resilience and strength you all hold. To my research assistants: Hannah, Julia, Larissa, Vanessa, Jolene, and Carli. Thank you for journeying with me as we discovered the voices together. I am honoured to have had shared this journey with such amazing and intelligent women. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 1 CHAPTER 1: INTRODUCTION A female survivor of intimate partner violence and litigation abuse describes the horrific abuse she faces in court: The most horrible sufferings have been not only physical, they have been emotional, psychological, and financial! He never stops harassing me, the courts are his legal playgrounds! He uses the courts to inflict suffering. He constantly, and I do mean constantly, has me in court. His lawyer helps him to wear us out. He wants to inflict as much suffering as he can on me and the court itself enables him to. The end is never coming, it never ends! (Battered Mothers’ Testimony Project, 2003, p. 39) Intimate partner violence (IPV) is a major health concern, which leaves detrimental physical, emotional, and economic impacts to victims, witnesses, and society (World Health Organization, 2010). According to Statistics Canada (2016), 28% of police-reported violent crime among individuals 15 years and older have been victims of IPV (Burczycka, 2016). This statistic accounts for over 93,000 victims of IPV reported in 2016, and the vast majority (79%) were female (Burczycka, 2016). Moreover, IPV was found to be the leading form of violence experienced by women in 2016 (Burczycka, 2016). Although statistics Canada has provided contextual information regarding IPV, the total amount of intimate partner violence is unknown as these statistics are gathered through police reported incidents. IPV can be defined as an ongoing pattern of behaviours in which a batterer uses violence as only one of many means to exert power and control over an intimate partner (Nicolaidis & Paranjape, 2009). In addition, battering has been defined as “a pattern of deliberate and repeated physical aggression, sexual assault, or both inflicted on a woman within a context of coercive control by a man with whom she has or has had an intimate relationship” (Kelly, 2011, p. 32). BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 2 Coercive control includes a variety of strategies used by the abusive partner to keep a woman in fear of future harm to herself and her children and doubtful of her own reality (Kelly, 2011). Examples of controlling behaviors include emotional and verbal abuse, restriction of her contact with others, controlling her personal and household finances, and using coercive, intimidating, and threatening behaviours (Kelly, 2011). Survivors of intimate partner violence are left with severe negative physical, emotional, and psychological health outcomes (Campbell, 2002). Upon leaving their abuser, women seek justice and protection through the legal system. However, recent research has confirmed that perpetrators of IPV often continue abusive tactics of power and control through legal proceedings (Watson & Ancis, 2013). Although litigation is used by women to gain safety and relationship closure, it can provide perpetrators a new method for continuing harassment towards the victim which is legally justified (Douglas, 2018). Additional problems arise if women have children with their abuser, as child support, custody, and visitation proceedings can turn into a new forum to continue abuse (Przekop, 2011). Furthermore, the legal system has fallen short in protecting victims during the litigation process as it “is technically blind to any disparities in power based on age, race, gender, social status, or wealth between accuser and accused” (Herman, 2005, p. 572). Upon entering the courts, survivors of abuse are at a disadvantage as their limited knowledge of the system, and trauma-like symptoms prevent them from navigating it effectively (Watson & Ancis, 2013). Abused women not only suffer from trauma symptoms before entering the courts but also face a system that does not offer support in healing from the trauma (Herman, 2005). Victims need acknowledgement and support, a sense of power and control, limited exposure to trauma reminders, and an opportunity to tell their stories in a safe environment, all of which the court fails to provide (Herman, 2005). BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 3 The term litigation abuse takes on multiple forms within the literature such as courtrelated abuse and harassment, legal systems abuse, paper abuse, and abusive litigation (Douglas, 2018; Miller & Smolter, 2011; Vollans, 2012; Watson & Ancis; 2013;). For the purposes of this study, I have used the term litigation abuse to define a range of tactics used by a perpetrator to continue to abuse, harass, and control their victim through the courts. I specifically examined literature in which male perpetrators extend violence towards past female intimate partners. Although the issue of litigation abuse is documented, the literature is limited and victims of abuse remain isolated and unsupported in Canada (Vollans, 2010; Ward, 2016). More research is needed to address this issue, define it, and provide professionals, including counsellors, psychologists, judges, lawyers, and police officers, information in aiding women through the experience of litigation abuse. In addition, systemic barriers preventing women from gaining justice, need to be addressed; and a move towards change must happen. This study aims to bring the oppressed voices of women who experience litigation abuse following intimate partner violence to counselling psychology research. Providing the opportunity for women to tell their stories serves as an important step to understand the problem and develop strategies to respond to it. In addition, it is my hope that this research will provide multiple disciplines information for understanding litigation abuse in Canada. This study will operate out of a transformative paradigm (Mertens, 2015) and use the listening guide methodology as a feminist theoretical framework (Brown & Gilligan, 1992). As a theoretical framework, the listening guide is “informed by literary theory, by the insights of feminist literary critics, and by clinical insights about psychodynamic processes – that is, a voiced, resonant, resistant psychology – offers an opening, a way of voicing the relational nature of human life” (Brown & Gilligan, 1992, p. 41). This method was well suited for exploring the multiple layers BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 4 of voice within women’s experiences of litigation abuse as it draws on voice, resonance, and relationship as “ports of entry into the human psyche” (Gilligan et al., 2003, p. 157). It allows for discovery of another person’s inner world and, through examining voice or speaking, it assumes that human development occurs in relationship with the self, others, and culture (Gilligan et al., 2003). The focus of this study has been to hear women’s experiences after they were left voiceless and powerless following litigation abuse. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 5 CHAPTER 2: LITERATURE REVIEW The purpose of this chapter is to review literature pertaining to women’s experiences of litigation abuse following IPV. In this chapter, I provide an overview of IPV, followed by a brief history of IPV research in North America and in counselling psychology. The chapter will expand on IPV through examining theories, gender differences in perpetrators, causes and risk factors for female victimization, health consequences for female victims, and systemic responses. Next, litigation abuse will be reviewed and defined. Finally, litigation abuse tactics, the impact of litigation abuse on female victims of IPV and preventing litigation abuse in Canada will be explored. Intimate Partner Violence There are multiple terms within the literature to describe the phenomenon of intimate partner violence towards women. The feminist movement in the 1970s brought awareness of terms such as wife battering and spouse abuse. At that time, these terms were largely ignored by science, the criminal justice system, and public health (Nicolaidis & Paranjape, 2009). Those terms began to be replaced with “domestic violence” as it became evident that not all violence was perpetrated against women (Nicolaidis & Paranjape, 2009). In 1999, the Center for Disease Control and Prevention (CDC) suggested the term “intimate partner violence” to differentiate between different forms of family violence (Nicolaidis & Paranjape, 2009). This chapter further expands on the literature surrounding intimate partner violence in North America and Canada. History of IPV Research in North America Wife abuse as a social problem began receiving national attention in the mid-1970’s (Crowell & Burgess, 1996; Gelles, 1980; Straus et al., 1988; Tierney, 1982). Prior to the 1970s, family violence research was scarce, with most published work focusing on child abuse, written BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 6 by and for medical or mental health professionals (Gelles, 1980). Rare studies of wife abuse within the 1960s focused on the battering husband and his victim as suffering from personality disorders (Schultz, 1960; Snell et al., 1964). Furthermore, most published work on family violence and child abuse was based on clinical samples including hospitalized patients and/or patients of psychiatrists or social workers (Gelles, 1980). The decade of the 1970s witnessed an increase in attention and publication on various aspects of family violence. The shift of attention towards family violence research can be attributed to multiple factors, such as cultural and societal forces including the emergence of the women’s movement (Gelles, 1980; Straus et al., 1988). Historically, laws and legal proceedings allowed, to a degree, the right of a husband to abuse his wife (Straus et al., 1988). Attention to the issue grew as multiple women during the 1970s were charged with murdering their husbands and then acquitted on the grounds of self-defence or temporary insanity after experiencing prolonged abuse (Straus et al., 1988). Around this time, women began joining to discuss their shared experiences of wife abuse (Straus et al., 1988; Tierney, 1982). As the women’s movement further developed in the United States and England, this created a political movement, providing services to battered women and forcing changes in legal status, which had previously denied legal redress from abuse by husbands (Straus et al., 1988). The substantial growth in the movement to stop violence against women is evidenced by emergency shelters, legislation, government policies and programs, research, and public information (Tierney, 1982; Crowell & Burgess, 1996). Political and social action towards violence against women and children has become a social problem of high priority (Straus et al., 1988). As wife abuse was capturing attention of researchers, reports of domestic abuse against men and children also started to immerge (Straus et al., 1988). Researchers began focusing not BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 7 only on victims’ class, sex, or age, but on the larger problem of family violence (Straus et al., 1988). This study advances the literature on intimate partner violence as it seeks to understand how women continue to suffer abuse from male intimate partners, while attempting to discover how this abuse is perpetuated through the legal system. Many national governments have instituted changes to address the issue of violence against women, including legal reform, public education campaigns, support shelters, and rape crisis centers (Htun & Weldon, 2012). Although history demonstrates changes in political action, legislation, and government policies to help female victims of IPV, women who have left their partners are still facing abuse through the litigation process. IPV has been examined and researched extensively within the field of counselling psychology. The American Psychological Association (APA), in February 1999, adopted a resolution on male violence towards women through promoting public policy initiatives in the areas of research, prevention, and intervention (Hage, 2000). In addition, the APA recommended legal and legislative reform; expanded training for psychologists in assessment and treatment of victims of violence; publicized materials on violence against women; and fostered greater collaboration with legal, medical, and professional disciplines to prevent violence against women (Hage, 2000). In 1981, psychotherapeutic interventions for both perpetrators and victims of IPV originated from the Duluth Domestic Abuse Intervention Project (Pence et al., 1993). This model instituted legislative changes, and versions of the Duluth model are currently used for court mandated IPV perpetrator intervention (Barner & Carney, 2011). The most notable hallmark of the Duluth model is the “power and control wheel,” which suggests partner violence is learned in a culture which “teaches men to dominate” (Pence at al., 1993, pp. 2–3). Other psychotherapeutic interventions for IPV that immerged from mainstream psychiatric and BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 8 psychological communities include cognitive-behavioral interventions for perpetrators that focus on errors in thinking, skills training, and anger management (Dutton & Corvo, 2007). Although intervention programs have been instituted to aid victims of IPV, more research is needed to better inform professionals of the abuse women continue to endure. Hansen et al. (1991) examined therapists’ ability both to accurately assess violence between couples and to provide interventions that would the reduce risk of danger. The findings indicated that therapists struggled to attend to the seriousness of the violence and failed to provide interventions to protect the women in the couple relationship. In addition, therapeutic interventions for IPV have been criticized because of the perpetrator-centred interventions with a criminal justice perspective, rather than the public awareness of IPV and support to victims (Barner & Carney, 2011; Goodman & Epstein, 2005). Moreover, the lack of effective interventions from mental health professionals has been attributed to a lack of knowledge of IPV within the field (Dudley et al., 2008). Since the early 1990s, the field has undergone extensive increases in research and recognizes IPV as a serious problem (Condino et al., 2016; Dudley et al., 2008). Increased knowledge and awareness of IPV has played a large part in mental health professionals’ ability to effectively assess and intervene (Dudley et al., 2008). However, researchers argue that increased training and exposure to IPV is needed in order to increase effectiveness of therapeutic interventions (Dudley et al., 2008). In addition, recent literature asserts that although counselling psychology research, interventions, and treatment have increased, the rates and recurrence of IPV are still too high (Condino et al., 2016). Moreover, there is a lack of research on the effectiveness of common treatments for both victims and perpetrators of IPV (Condino et al., 2016). Although this study does not address these deficits, it seeks to connect counselling BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 9 psychology to the way that IPV is extended and perpetrated through the legal system. As an insufficiently studied area, more research is needed to enhance therapists’ understanding of how women experience litigation abuse. Furthermore, increased knowledge may help to improve therapeutic interventions and treatment for female survivors of IPV. Theories of Intimate Partner Violence Against Women Researchers and theorists have given extensive thought into the problem of domestic violence in society and have created multiple theories to further understand IPV. A variety of disciplines have developed theories on the topic of violence against women in intimate relationships. The fields of sociology, psychology, criminal justice, public health, and social work have contributed to an extensive knowledge base in this area (Jasinski, 2001). However, no single theory can fully explain violence towards women. This section will examine theories of IPV, including individual and sociocultural explanations for violence against women. Individual and Social Explanations In this section, I will present a few theories that consider the individual and social explanations of IPV towards women, including social learning theory, the cycle theory of violence, and learned helplessness (Bandura, 1977; Walker 1980). These theories are similar in their attempt to explain the nature, extent, context, and consequences of violence towards women. This is important when studying IPV and litigation abuse as it provides a framework for how and why violence is perpetrated within individual, family, and cultural contexts. Social Learning Theory. Social learning theory exerts that individuals learn to behave through directly witnessing and experiencing the behaviour of others (Bandura, 1977; Jasinski, 2001). It is one of the most popular theories that explains violence against women (Jasinski, 2001). When applied to violence against women, this theory asserts that violence is learned in BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 10 the family context (O’Leary, 1988). More specifically, individuals learn violence from three primary sources: family, culture and subculture, and the media (Bandura, 1978). Critics of social learning theory argue that the theory is inconsistent when describing violence against women. They suggest that not all children who experience or witness violence grow up to be violent (O’Leary, 1988). Although it does not directly explain violence towards women, social learning theory provides an understanding of the risk factors within childhood that lead to violent behaviour in adulthood (Straus, 1991). The Cycle Theory of Violence. Lenore Walker (1980) developed the cycle theory of violence to describe the dynamic process of an abusive relationship. Her theory states that there are three distinct phases associated with a reoccurring battering cycle: (a) tension-building, (b) the acute battering incident, and (c) loving contrition. In recent literature, Walker (2016) expands on the theory, stating that within the first phase there is a gradual building of tension through small acts of abuse where the batterer expresses hostility but not in an extreme or explosive form. She shares that during the first phase women attempt to placate the batterer and do anything to prevent aggravating him further. In the second phase, the tension begins to escalate and is characterized by the uncontrollable discharge of tensions that built up in phase one. When injuries do occur, they happen during the second phase (Walker, 2016). Within the third phase, the man provides positive reinforcement for the woman to stay in the relationship through his actions of apologizing profusely, assisting the victims, showing kindness and love, and giving her promises and gifts (Walker, 2016). Learned Helplessness. The concept of learned helplessness, developed by Seligman (1972), occurs when individuals feel helpless to avoid negative situations because they are conditioned to believe they cannot escape. Walker expands on the term learned helplessness to BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 11 explain why women have difficulties leaving their abusive relationship (2016). She defines learned helplessness as “having lost the ability to predict that what you do will make a particular outcome occur, or in scientific terms, loss of contingency between response and outcome” (p. 75). Walker states that the inability for a woman to control their abusive partner, in association with the abuser’s unpredictable actions, results in learned helplessness (Walker, 2016). Walker’s contribution of the cycle theory of violence and learned helplessness greatly added to the literature through bringing a fuller description of the dynamics within abusive relationships (Jasinski, 2001). These theories have been widely used for treating and supporting female survivors of IPV (e.g., Cory & McAndless-Davis, 2016). Moreover, her contribution to the field informs this study as it shows the cycle of abuse that some women experience prior to entering the court system. A Theory of Empowerment. As research on IPV grows, theories of empowerment for women who have experienced abuse in relationship have also made an appearance in the literature. Empowerment is a term used among multiple disciplines, such as community psychology, multicultural and feminist counselling, and social work (Cattaneo & Chapman, 2010; Gutiérrez, 1991; Riger, 1993). These perspectives examine empowerment as central to improving human lives through highlighting social, political, and material resources, inequities in the environment, individual strength, community strength, and enhancement of wellbeing through striving towards positive change (Zimmerman, 2000). In their research on IPV, Cattaneo and Chapman (2010) sought to define empowerment by the development of the Empowerment Process Model. They understood empowerment as individual power. They share that power is one’s increase of influence in relationships between other people and systems. Specifically, Cattaneo and Chapman (2010) define empowerment as: BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 12 An iterative process in which a person who lacks power sets a personally meaningful goal oriented toward increasing power, takes action toward that goal, and observes and reflects on the impact of this action, drawing on his or her evolving self-efficacy, knowledge, and competence related to the goal. (p. 647) Through this definition, we learn that empowerment is a process consisting of multiple developmental layers. Within our research, it was important to examine empowerment process models as we prepared ourselves to listen for both voices of oppression and strength. Examining how women become empowered following IPV informs a deeper awareness into their experience and the voices heard in their stories. Sociocultural Explanations In contrast to individual and social perspectives, researchers additionally focus on larger social and cultural conditions of IPV towards women. To begin, two major theoretical perspectives will be reviewed: the family violence perspective and the feminist perspective (Johnson, 1995). Furthermore, intersectionality research on IPV will highlight how multiple social systems interact to create sustained marginalization for women (Grzanka, Santos, & Moradi, 2017). Family Violence Perspective. The family violence perspective grew out of interest in family conflict issues and is generally recognized within the early work of Straus (1971) and Gelles (1972). Using national surveys in the United States, Straus and Gelles (1986) conducted research based on interviews, gathering information regarding family violence from large random surveys of the adult population. The methodological focus consisted of quantitative analysis of responses to survey questions where random sample surveys produced estimates of prevalence (Johnson, 1995). The major focus of this research has been on commonalities among BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 13 various forms of family violence (Johnson, 1995). Family violence theories have argued that domestic violence is gender-symmetric, pointing towards men and women being equally likely to perpetrate violence against their intimate partner (Dobash & Dobash, 2004; Johnson, 2009). Although family violence theory differs extensively from feminist theory, it does recognize the role of patriarchy in the abuse of women (Straus et al., 1988). Feminist Theory Perspective. Feminist theory began with a focus on the issue of wife beating, and the literature grew through examining male perpetrated violence towards women (Dobash & Dobash, 1979). Feminist theory asserts that men are primary perpetrators of violence, driven by a desire for power and control, and that their female partners are victims who may demonstrate violence in retaliation of the abuse suffered (Johnson, 2009; Neilson, 2017). Data collection procedures within feminist literature consist largely of samples of female victims, especially those with contact to law enforcement agencies, hospitals, or shelters (Johnson, 1995). The focus has been on historical traditions of the patriarchal family, concepts of masculinity and femininity, and structural constraints withholding women from escaping their abusive partners (Johnson, 1995). In contrast to family violence theories, feminist theories argue that IPV is asymmetrical, with men more likely than women to perpetuate violence in relationship (Dobash & Dobash, 2004). Feminist theory additionally states as follows (a) men as the dominant class, have greater access to resources, and women are devalued as secondary and inferior, (b) intimate partner violence is predictable and common in normal family life, (c) women’s experiences are inferior as men dominate all aspects of life, and (d) the feminist perspective is dedicated to advocacy for women (Bograd 1990). The concept of patriarchy is useful in conceptualizing intimate partner violence as it provides a framework for understanding gender hierarchies, dominance, and power arrangement BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 14 (Hunnicutt, 2009). It places importance on social contexts rather than on individual men motivated to dominate (Hunnicutt, 2009). IPV has been argued as a societal issue and predominantly understood in social context in the evolving power and control dynamics between relationships over time (Neilson, 2017). Dobash and Dobash (1979) explain patriarchy theory in relation to IPV by expanding on men’s social control and domination towards women. They assert that general social norms of intimate heterosexual relationships are heavily gendered and rooted in a patriarchal heterosexual model, validate men’s power (Dobash & Dobash, 1979). While these gender norms are facing considerable historical change, they affect the internal functioning of all relationships and contribute to the entrapment of women in abusive relationships (Johnson, 2009). Intersectionality. Intersectionality can be defined as “the study and critique of how multiple social systems intersect to produce and sustain complex inequalities” (Grzanka, Santos, & Moradi, 2017, p. 453). Early studies explored various ways in which race and gender interact to shape multiple layers of oppression within coloured women’s experiences of IPV (Crenshaw, 1991; King, 1988). Intersectional identities have been explored through examining how race and gender shape women’s experiences, leading to a discovery of racism and sexism not previously represented within feminism or antiracism (Crenshaw, 1991). Intersectionality research has since grown towards analyzing the intersecting structures and systems of power relevant in understanding all people and social systems (Moradi & Grzanka, 2017). Within our study, an awareness of the intersecting systems of power within litigation abuse, enrich our understanding of the of oppression and marginalization experienced by victims. In conclusion, sociocultural explanations for violence against women have been explained through the family violence perspective, feminist perspective, and intersectionality. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 15 Family violence perspectives examine IPV through a lens which acknowledges both male and female perpetrated violence. Differently, feminist theory and intersectionality share a common goal in highlighting women’s marginalization and oppression perpetrated by men within a patriarchal white society. Intersectionality reaches further into exploring layers of marginalization such as racism and sexism experienced by black women and homosexuals. Gender Differences in Perpetrators of Intimate Partner Violence As previously stated, family violence and feminist theories hold contrasting views on gender differences in perpetrators of IPV. Family violence researchers suggest that both men and women are equally likely to perpetrate violence towards an intimate partner. Feminist theory would disagree and point to men as primary perpetrators of violence. Therefore, comparing male and female perpetrators has been the subject of popular debate between family violence theorists and feminist theorists. However, this comparison is difficult because the methods and tactics used by men and women to perpetrate violence are often different (Hunnicutt, 2009). A study that analyzed the National Survey of Family and Households found that female victims of IPV suffered poorer physical health outcomes than male victims of IPV (Sillito, 2012). This study hypothesizes this difference is due to men commonly being stronger and larger than women and more accustomed to different forms of violence outside of intimate relationships. Furthermore, in a different study, the mechanisms used to perpetrate violence tend to differentiate between genders (Hunnicutt, 2009). These findings indicate that even if there are similarities within the amount of reported violence for both male and female perpetrators, IPV is not symmetrical. This is important within the study of litigation abuse as it highlights the fact that men and women may exhibit different trauma symptoms entering the courts following IPV. This next section will explore literature pertaining to men’s violence towards women, various BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 16 male batterer typologies, and women’s violence towards men. Men’s Violence Towards Women The male gender has been identified as a primary factor affecting the use of violence to control females in heterosexual relationships (Johnson, 2009). Theoretical work on the social construction of masculinity in North America has examined violence from both family violence and feminist perspectives (e.g., Anderson, 1997). Researchers have largely pointed to men as primary perpetrators of IPV, while recognizing that systemic and social structures are in part, responsible for this (Dobash & Dobash, 1979; Dobash & Dobash, 2004; Johnson 2009). Focusing on gender socializations, exercising violence is more likely a part of boys or men’s experiences than girls or woman’s, as seen in sports, fantasy play, and real-life conflict (Johnson, 2009). Although we are currently amid considerable change, general social norms within North American culture are heavily rooted in a patriarchal heterosexual model, which validates men’s power (Dobash & Dobash, 1979). Hence, understanding the influence of patriarchy and culture on male perpetrated violence towards women aids in changing the structures that continue to hurt women. Typologies of Male Perpetrators As previously stated, men’s violence towards women, encouraged through traditional patriarchal beliefs, has been a focus of feminist theory research. Within feminist research, various typologies regarding male perpetrators have been theorized (Holtzworth-Munroe, 2005; Johnson, 2009). These distinctions bring clarity to the broad field of IPV research by aiding professionals in defining differences between coercive, conflict, and situation violence (Neilson, 2017). Johnson’s Typology. To define intimate partner violence further, Michael Johnson BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 17 (2009) differentiated between three types of IPV: intimate terrorism, violence resistance, and situational couple violence. Intimate terrorism is the use of violence within the relationship to maintain power and control over a victim. As in feminist theory, intimate terrorism argues that although coercive control can be perpetrated by either men or women in heterosexual relationships, the violence is most often male-perpetrated. This type includes tactics such as coercion; threats; intimidation; emotional abuse; isolation; minimizing; denying; blaming; using children; using male privilege; and economic abuse. Johnson explains that the second type, violence resistance, is the use of violence by a victim in response to intimate terrorism. The violent response is often an act of self-defence. In a different article, the researchers found that in heterosexual relationships violence resistance is used primarily by women (Johnson et al., 2014). The third type, situation couple violence, arises in the context of specific conflicts, which turn into arguments that escalate to violence (Johnson, 2009). This type does not include the attempt to control on the part of either partner. Johnson’s typologies inform this study by providing a framework for understanding violence in intimate relationships. These typologies show that male perpetrated violence towards women differs in motives and in various situations. Litigation abuse can be better understood in the context of intimate terrorism, as male perpetrators may use the system to continue abuse by seeking power and control over their female victims within the court system. Typology of Male Batterers. Theories of psychopathology assert that the violent actions of male batterers are a result of some form of personality disorder or mental illness (Jasinski, 2001). A practical application of examining personality characteristics and psychopathology among male batterers is the development of typologies and classifications. Typologies of male batterers are important, as they give understanding of different types of batterers and suggest BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 18 prevention, intervention, and treatment efforts appropriate to each type. For example, Holtzworth-Munroe and Stuart (1994) conducted a comprehensive review of 15 male batterer typologies, over multiple studies, and observed that these types could be classified into three descriptive dimensions (Holtzworth-Munroe & Meehan, 2004). These dimensions include (a) severity and frequency of the husband’s marital violence, (b) generality of the man’s violence, and (c) the batterers psychopathology of personality disorder characteristics (Holtzworth-Munroe & Meehan, 2004). Using these dimensions, three subtypes of batterers were identified: the family-only batterers, the dysphoric or borderline batterers, and the generally violent and antisocial batterers (Holtzworth-Munroe & Meehan, 2004). Since Holtzworth-Munroe and Stuart (1994) proposed these batterer typologies, many studies have adapted and supported their theories (Chase et al., 2001; Langhinrichsen-Rohling et al., 2000; Tweed & Dutton, 1998). These typologies help inform this study, as they provide a framework for understanding men’s violent behaviour towards women. Understanding this violence exposes the possibility of similar behaviours occurring in the litigation process. Furthermore, as counsellors and psychologists, learning batterer typologies may aid in treating the issue of IPV through providing better informed services to male abusers. This may lead to greater protection and support to female victims both within the litigation process and outside of it. Women’s Use of Violence in Relationship Women’s use of violence in relationships began to be examined in the mid-1980s by family violence researchers (Swan & Snow, 2002). In addition, interest from the criminal justice system and battered women’s advocates sought to navigate a response to the substantial number of women arrested for domestic violence. Unfortunately, most of these women are victims of BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 19 domestic violence themselves (Miller 2001). Miller shares that there are various situations in which women find themselves arrested for domestic violence and faced with charges in an incident-driven criminal justice system that responds to these cases without differentiating between the motives and consequences of these acts. By following the law, enforcers often disregard the context in which victims report to using violence themselves. These incidents are often an act of self-defence, with long histories of victimization, and involve the use of weapons to equalize the force of the perpetrator who is often bigger and stronger than the woman. Miller concludes that female victims of IPV, who have used violence as self-defence, are often falsely arrested and charged by their male partners who have learned how to manipulate the system. Causes and Risk Factors for Female Victimization of Intimate Partner Violence The causes of IPV and the risk factors for victimization have widely been understood through the ecological model (Heise, 1998). This model proposes that violence against women is a multifaceted phenomenon composed of individual, relationship, community, and societal factors (Heise, 1998; World Health Organization, 2010). This section will examine relevant literature pertaining to causes and risk factors from each level. Individual and Relationship Factors Individual factors that increase the likelihood of women experiencing violence from their partner include the women’s low level of education, exposure to violence between parents, childhood sexual abuse, acceptance of violence, and exposure to other forms of prior abuse (Belsky, 1980; Heise, 1998; World Health Organization, 2010). Studies indicate that women who experience childhood abuse are twice as likely to experience IPV in adulthood than women who have not (Tjaden & Thoennes, 2000). Similarly, sexual abuse in childhood increases the likelihood of sexual abuse in adulthood (Hattery, 2009). Furthermore, risk factors for BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 20 victimization of IPV often correlate with other forms of family-of-origin violence, including witnessing parental violence (Anglin & Mitchell, 2009). Mental health issues associated with early childhood traumas include low self-esteem, symptoms of depression, post-traumatic stress disorder (PTSD), and substance abuse; these are strongly associated with and presumed as risk factors for female victims of IPV (Kelly, 2011). Relationship factors associated with the risk of female victimization of IPV include conflict in the relationship, male dominance in the family, economic stress, the man having multiple partners, and disparities in educational attainment (Belsky, 1980; Heise, 1998; World Health Organization, 2010). In a cross-cultural study, Levinson (1989) found that one of the strongest predictors of violence against women was male economic and decision-making authority in the family. Furthermore, his research has shown that men raised in patriarchal families, which encourage traditional gender roles, are more likely to become violent against their intimate partners (Levinson, 1989). Community and Societal Factors Community and societal factors influencing violence towards women include genderinequitable social norms, poverty, low social and economic status, weak legal sanctions against IPV within marriage, lack of women’s civil rights, weak community sanctions against IPV, broad social acceptance of violence, and high levels of general violence in society (World Health Organization, 2010). Within a Canadian population-based study, sociodemographic variables associated with IPV included age, marital status, education, household income, income source, presence of children in the household, aboriginal and visible minority status, country of birth, urban vs. rural residence, religious attendance, and self-rated health status (Romans et al., 2007). Within the same study, female victims of IPV were more likely than men to be Aboriginal, have BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 21 lower annual household income, have children 14 years old or younger living in their household, and report greater religious attendance (Romans et al., 2007). The social context of the relationship additionally affects resources women can draw upon to cope with or escape from violence (Johnson, 2009). This includes gender wage gaps contributing to economic dependency on men, the societal assignment of women as primary caregivers of children, the expectation of churches that encourage women to stay in abusive relationships for the sake of children or the marriage, and the criminal justice system being heavily dominated by men (Johnson, 2009). Health Consequences for Female Victims of IPV IPV is associated with multiple health consequences for women. Literature suggests that although violence towards men and women have similar rates, women experience greater injury and other negative psychological consequences (Holtzworth-Munroe, 2005). This section will review literature pertaining to the negative physical and mental health consequences for female victims of IPV. Physical Health Outcomes Multiple studies have linked IPV to poorer general physical health and quality of life, as well as a high use of health services (Campbell, 2002; Mechanic et al., 2008). Research shows that repeated head trauma from hitting or pushing can leave women with traumatic brain injuries (Banks, 2007). Furthermore, these injuries may diminish cognitive functioning, as evidenced by difficulties in attention, concentration, and memory (Mechanic et al., 2008). A review conducted by Campbell (2002) explored multiple physical health outcomes for battered women, which included injuries to the head, face, neck, thorax, breasts, and abdomen. Moreover, injuries, fear, and stress can result in chronic health pain, including headaches, backpain, and reoccurring central nervous system symptoms of fainting and seizures (Campbell, 2002). Due to the chronic BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 22 nature of IPV, injuries leaving a possible accumulation of scar tissue on the brain can result in changes to the immune system and dysfunction of the nervous system (Banks, 2007). Female victims of IPV additionally have significantly higher rates of self-reported gastrointestinal issues, including loss of appetite, eating disorders, and chronic irritable bowel syndrome (Campbell, 2002). In comparing female victims of IPV to non-victims, gynecological problems are the most constant and long-lasting physical health concern for victims (Campbell, 2002). These problems include sexually transmitted diseases, vaginal bleeding or infection, fibroids, decreased sexual desire, genital irritation, pain during intercourse, chronic pelvic pain, and urinary-tract infections (Bauer et al., 2002; Campbell, 2002). Forced sex causes high levels of stress and depression, influencing the immune system and leading to higher risk of illness (Campbell, 2002). Mental Health Outcomes Mental health outcomes associated with IPV towards women include depression, anxiety, and suicidal ideation (Holtzworth-Munroe, 2005). The most prevalent mental health consequences include depression and PTSD (Campbell, 2002). In a meta-analysis of predominantly US studies, Golding (1999) found that the risk for post-traumatic stress disorder from IPV was higher than that resulting from childhood sexual abuse. Depression is additionally found to correlate with difficult life experiences often associated with IPV, such as childhood abuse, having multiple children, changes in residence, forced sex, separations, and child behaviour problems (Campbell, 2002). PTSD is associated with severity of abuse, previous trauma, and partner dominance (Campbell, 2002). Examining a Canadian based population study, Ratner (1993) found that abused women experienced significantly more anxiety, insomnia, and social dysfunction in concordance with depression, compared to women who did BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 23 not experience abuse. Healing from Intimate Partner Violence for Women Healing from IPV for women has been examined through the literature and contains multiple states of growth. Stages of growth were found as nonlinear, interactive, and required active engagement and patience from women (Sinko, 2021). In addition, healing has been framed for women as a deeply meaningful experiencing requiring social, spiritual, cultural, and psychological processes (Allen & Wozniak, 2011). Stages to healing have also been considered and consist of trauma processing and re-examination, managing negative states, rebuilding the self, connecting with others, hope, and power (Sinko, 2021). Qualitative research has additionally examined themes of healing and post traumatic growth (D’amore et al., 2021; Flasch et al., 2017). Some themes include awareness and insight, renewal and reconstruction, and transformation and meaning (D’amore et al., 2021). Through past studies, we realize healing is a layered long-term process which can be encouraged by incorporating both interpersonal development and the community. Systemic Responses to Intimate Partner Violence Towards Women Family violence is a pervasive issue in Canada where families find themselves frequently before the courts, criminal proceeding, and family law proceedings (Chewter, 2003). Lawyers, judges, police, and court staff are constantly dealing with family violence issues and the complex dynamics to ensure that all family members including women, children, and men are safe (Chewter, 2003). This section will explore systemic responses to IPV, including women’s experiences with police and the justice system. Experiences with the Police The police are often a woman’s first point of contact with the justice system after leaving BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 24 her abuser and can negatively influence her experience with the system. Approximately one in four cases of physical intimate partner violence against women are reported to the police (Tjaden & Thoennes, 2000). The decision to report an IPV situation can be complex and influenced by factors such as gender, the need for protection, the severity of violence, or the presence of children living in the home (Bonomi et al., 2006). The police are often contacted when the situation involves severe forms of psychological and physical violence (Bonomi et al., 2006). This initial contact largely influences a victim’s experience and trust in the criminal justice system (Gillis et al., 2006). The attitudes and behaviours of police officers who hold power in arrests, investigating, and influencing access to the criminal justice system have a strong impact on women’s experience of the legal system (Gillis et al., 2006). Negative Police Involvement with IPV. Research has demonstrated that police attitudes towards victims of IPV can be arrogant, rude, and demoralizing (Stephens & Sinden, 2000). Furthermore, issues with the police can be fatal for victims of IPV if they do not trust them, as victims are less likely to contact police when in crisis (Stephens & Sinden, 2000). Due to the trauma experienced during IPV, negative police involvement has been found to correlate with reexperiencing trauma symptoms (Rancher et al., 2018). Police involvement can be distressing for women due to being asked to recall and describe the violence (Rancher et al., 2018). In Canada, officers have the duty to decide whether charges will be placed on a perpetrator, based on personal discretion with reasonable and probable grounds (Saxton et al., 2018). Following this policy, charging rates and victim satisfaction have increased. However, recent studies demonstrate that victims’ perceptions of police helpfulness vary with both positive and negative experiences; some victims experience feeling supported and had resources given to them by police, while others reported unsympathetic and unhelpful experiences with the police (Saxton et BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 25 al., 2018). Unfortunately, there are multiple reasons why victims may not call police in IPV situations, including fear of reprisal, fear of the perpetrator, and beliefs and experience of poor police responses (Bradford & Bruce, 2004). In addition, prosecution policies, first instituted to protect victims, have also been criticized as revictimizing women and transferring the control of the batterer to the prosecutor or the justice system (Chewter, 2003). Experiences with the Justice System Research demonstrates that women often negatively experience the justice system after leaving their abuser. Over the last three decades there have been improvements in the justice system’s response to victims of IPV, but Canada still faces challenges in addressing the issue (Saxton et al., 2018). Furthermore, institutional abuse can occur when the family court abuses women through ignoring allegations of family violence and dismissing criminal behaviours performed by ex-partners (Bemiller, 2008, p. 250). Abuse is perpetrated through the multiple barriers preventing support to victims, including difficulties interacting with lawyers, challenges in understanding the family and criminal justice systems, uncertainty in sharing detailed information, confusion due to complex jargon used by lawyers, and financial constraints limiting access to legal assistance (Burton, 2008; Fugate et al., 2005). Moreover, research demonstrates that women feel they are re-victimized through the court process and experience parallels between domestic violence and participating in the family law system (Buzawa & Buzawa, 2003; Laing, 2017). This occurs through long waiting times, disrespectful prosecutors and judges, and lawyers who provide inadequate information to clients (Buzawa & Buzawa, 2003). A recent study shows that victims constantly have trouble navigating the system and feel overwhelmed, frustrated, and confused throughout the process (Saxton et al., 2018). In addition, victims are at heightened risk when involved in the justice system as their abuser may use BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 26 violence to retaliate (Saxton et al., 2018). Furthermore, researchers criticize the justice system for its lack of understanding of domestic violence: in that it includes more than physical violence and criminal acts (Przekop, 2011). Judges need to make more accurate assessments of the harmful and abusive behaviour which happens in court (Przekop, 2011). The literature emphasizes that women often view the justice system negatively and find it difficult to navigate. My study seeks to address this issue by further exposing women’s difficulties surrounding litigation abuse, for the purpose of finding what is needed to support them. Although the literature demonstrates there is a lack of understanding within the justice system of trauma symptoms following abuse, this study seeks to raise awareness of those symptoms through a counselling psychology lens. The Courts Positive Impact on Victims Mental Health. In a study that measured procedural and distributed justice, and its relation to a victim’s mental health, Calton and Cattaneo (2014) found that, regardless of repeated abuse, procedural justice increased victim wellbeing. These findings indicate that fair court processes may help victims and positively influence their mental health (Calton & Cattaneo, 2014). This study also showed that empowering court processes lowered depression and increased quality of life, demonstrating that when the court processes are perceived as fair, it can help victims heal from mental illness (Calton & Cattaneo, 2014). Procedural justice additionally predicted the likelihood for victims to seek help in the future (Calton & Cattaneo, 2014; Colquitt et al., 2001). This is important as victim safety may be an ongoing concern and facilitating trust between the individual and the system leads to better health outcomes (Calton & Cattaneo, 2014). Moreover, research examining the effect of civil protection orders (CPO) for women who experience IPV found that women who obtained a CPO following violence had significantly decreased risk of further abuse BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 27 and contact by the abuser (Holt et al., 2003). In another study, women who had protection orders were significantly less likely than those who did not to be contacted by their abuser, to experience weapons or injury threats, and to receive abuse-related medical care (Holt, 2004). Furthermore, researchers have also found that victims who felt they were treated fairly and respectfully throughout the court system were more likely to perceive the outcomes as fair, even if not in their favor (Calton & Cattaneo, 2014; Colquitt et al., 2001). The Courts’ Negative Impact on Victims’ Mental Health. Research shows that professionals in the family law system demonstrate a limited understanding of intimate partner violence and particularly coercive control (Laing, 2017; Przekop, 2011). Therefore, the legal system struggles to provide support to victims since it allows for abusive and destructive behaviour of the perpetrator. Herman (2005) expands on this issue, stating that such behaviour includes aggressive arguments and psychological attacks, which present a hostile environment for the victim. She shares that the legal system is additionally blind to any differences between the accuser and accused based on age, race, gender, social status, and wealth. There are many areas where the legal system fails to provide support for traumatized victims of abuse. Herman (2005) reiterates that victims need acknowledgement and support, whereas the court requires a public challenge to their credibility. Victims need a sense of power and control over their lives; the court often takes this away and places them in a position where they must submit to rules and procedures and face further punishment if they are unable to do so (Herman, 2005). She additionally shares that victims need to be able to tell their stories in their own way and in their own setting. The court does not allow for this; instead, it forces them to answer a set of impersonal yes-or-no questions. Lastly, she states that victims must have a safe environment with limited reminders of or exposure to trauma; the court requires them to relive their BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 28 experience and, in some cases, see their abusers face-to-face (Herman, 2005). Mental Health Assessments for IPV and Domestic Violence. There is currently no credible, scientifically verified, professionally accepted test that can assess if a person has experienced domestic violence (Neilson, 2017). Attempts towards this include the Abusive Behaviour Inventory (Shephard & Campbell, 1992), the Scale of Economic Abuse (Adams et a., 2008), and the Domestic Violence-Related Financial Issues Scale) (Weaver et al., 2009). Psychological research has found the similarities between normal reactions to domestic violence and mental health conditions (Neilson, 2017). Consequently, victims may appear to be less healthy as they show traumatic reactions in court, which in turn can be used against them in a trial (Neilson, 2017). Although there are no specific tests to measure domestic violence, psychological and mental health testing combined with the court process may be beneficial in a) identifying psychological harm to victims and to children of domestic violence, b) identifying post-traumatic stress responses of victims and children who are exposed directly or indirectly to domestic violence, c) examining the presence of a possible traumatic brain injury, and d) identifying psychological profiles and mental health issues of perpetrators (Neilson, 2017). Litigation Abuse As stated above, intimate partner violence has been understood by feminist researchers as a male perpetrators’ desire for power and control over their female victims (Dobash & Dobash, 1979). In some cases, the need for power and control does not end when the relationship does but continues as the perpetrator uses the legal system to continue abuse (Ward, 2016). For the purposes of this study, I will use the term litigation abuse to define a range of tactics used by a perpetrator to continue to abuse, harass, and control their victim through the courts. I will specifically be examining literature in which male perpetrators extend violence towards past BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 29 female intimate partners. The term litigation abuse takes on multiple forms within the literature, such as court-related abuse and harassment, legal systems abuse, paper abuse, and abusive litigation (Douglas, 2018; Miller & Smolter, 2011; Watson & Ancis; 2013; Vollans, 2012). This term does not have a commonly understood name or definition (Ward, 2016). Litigation Abuse Tactics As noted, abusers use a wide range of tactics to continue abuse towards victims. This section will expand on literature pertaining to these various tactics. Using the Courts Improperly. Abusers use the court system improperly by prolonging litigation and making it more expensive and embarrassing for victims (Ward, 2016; Watson & Ancis, 2013). This includes abusing the system through multiple court applications, excessive filings (sometimes to different jurisdictions), relitigating issues, violating court orders, requesting emergency hearings, initiating multiple charges, and failing to supply appropriate documents (Vollans, 2010; Ward, 2016; Watson & Ancis, 2013). Some perpetrators additionally use the system to abuse victims by filing long affidavits, on long weekends or days before court, forcing the women to go to court with no lawyer or support (Vollans, 2010). Financial Abuse. Abusive men additionally use finances to exercise power and control over women (Laing, 2017). Victims indicate that their partners manipulated finances by opening multiple hidden accounts or setting up accounts in another person’s name, preventing attainment of accurate financial data (Watson & Ancis, 2013). This lack of financial information may leave women without the knowledge to fully assess their rights in terms of financial needs and demands (Watson & Ancis, 2013). Women additionally report having to declare bankruptcy due to legal expenses (Ward, 2016). Research shows women’s experiences as “a financial and emotional roller coaster of endless litigation resulting in financial devastation” (Ward, 2016, p. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 30 452). In addition, studies indicate that female survivors of IPV are less likely than men to be represented by lawyers, simply because they cannot afford it (Przekop, 2011). This leaves women at a disadvantage in court proceedings. For example, in child custody cases, judges may look at “what is in the best interest of the child,” which often includes financial security (Przekop, 2011, p. 1062). Women are left settling for less or losing their children as a result (Przekop, 2011). Humiliating and Isolating Through Court. Abusers will do anything in their power to maintain control over their victim, including using information gained as an intimate partner. Private matters become exposed to make the victim look less favorable in the eyes of the court; this includes histories of mental illness or substance use (Vollans, 2010). They may also use unsubstantiated allegations or cultural values against their victims (Vollans, 2010). In addition, isolation may be used by perpetrators as a tactic of abuse. This includes threats made to those assisting the victim, including her support network, lawyers, friends, and family (Ward, 2016; Vollans, 2010). Distorting Facts in Court. Studies additionally indicate that male perpetrators distort facts in court through malicious acts (Watson & Ancis, 2013). Perpetrators target the character of their victims, making them appear unfavourable in the eyes of the court (Watson & Ancis, 2013). For example, attacks against victims’ parenting skills and abilities to provide for children as mothers are used (Watson & Ancis, 2013). Studies have shown that judges, court representatives, and police struggle in handling intimate partner violence cases. This is shown in perpetrators portraying themselves as the victims in court where judges are distracted from abusive patterns and declare victims equally abusive (Ward, 2016). Furthermore, incidents have occurred in which police arrested both perpetrators and victims on domestic violence charges (Chewter, BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 31 2015; Ward, 2016). This causes victims of domestic violence to be revictimized by the criminal justice system (Chewter, 2015). Research also demonstrates that male perpetrators tend to lie about their victims’ past behaviour, indicating their victims are abusive, so that the perpetrators can gain advantages in court outcomes (Ward, 2016). In addition to portraying themselves as victims, perpetrators will manipulate the system by presenting themselves well in court by dressing well, demonstrating charm, persuasiveness, and giving false images of a kind, caring, and loving father (Ward, 2016). It is evident within the literature that judges, court personnel, and police often struggle to identity abusive men in court. Although this study does not seek to address this issue directly, it exposes and brings awareness of the need for the justice system to understand and recognize abusive men in court. Using Children. Research demonstrates that a common tactic used against female victims is their ex-partner seeking sole custody of children to threaten and intimidate them (Laing, 2017; Miller & Smolter, 2011; Ward, 2016; Watson & Ancis, 2013;). Advocates for survivors of IPV additionally state that seeking custody is an effective litigation abuse tactic (Ward, 2016). Within these cases, research shows that female victims felt custody disputes were driven by revenge or vindictiveness rather than a desire to spend time with children (Watson & Ancis, 2013). Tactics associated with using child support to abuse include seeking an increase or decrease in child support to financially deplete the victim, failing to pay child support despite the perpetrator being financially solvent, seeking full custody to avoid child support, and engaging in excessive court cases associated with child support to keep victims trapped in the relationship (Watson & Ancis, 2013). Additionally, within Canada, the Ministry of Children and Family Development can be used to continue abuse towards victims. Abusers may lie to social workers and use them to threaten or coerce their victims (Vollans, 2010). Systemic issues arise as the BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 32 victims are uncertain about how to navigate the system (Vollans, 2010). This is seen when women are encouraged by the Ministry of Children and Family Development to leave their abusive partner but are forced to have contact through child exchanges. This leaves women under the abusers’ control, unable to protect their children, and possibly leaves them facing constant re-triggering of psychological pain (Vollans, 2010). Impact of Litigation Abuse on Victims of IPV The litigation abuse tactics used by perpetrators to extend power and control over their victims are highly effective and cause extensive pain. This section will expand on the impact of these tactics on victims’ including their loss of trust in the system, financial impacts, forced contact with their abuser, and emotional and psychological impacts. Loss of Trust in the Legal System. Research has demonstrated that litigation abuse results in victims losing trust in the legal system (Ward, 2016). A system instituted to help victims of abuse has now become the “playground” for many abusers (Ward, 2016, p. 449). Douglas (2018) explored women’s experiences of litigation abuse and reported one woman’s lawyer stating, “You do realize that at the end of the day, it’s whoever is the better actor” (p. 88). Women see the court as the issue because it enables their abuse (Ward, 2016) and are skeptical of the “justice” being delivered (Douglas, 2018). Survivors are left feeling they cannot obtain justice and therefore lose access to the justice system and the protection it is meant to offer (Ward, 2016). Financial Impacts. Women facing litigation abuse suffer financially through legal fees, loss of jobs, and career opportunities (Ward, 2016). Research indicates that the consumption of time that court demands causes occupational stress, bankruptcy, and emotional breakdowns affecting women’s career options (Ward, 2016). In addition, abusers lying in court about their BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 33 financial status, combined with the courts lack of vigilance in ensuring accurate financial claims, causes money owed to women and children to be withheld indefinitely (Przekop, 2011). Forced Contact with Abuser. Research additionally shows that through the litigation process victims are forced to be in continual contact with their abuser (Ward, 2016). This forced contact causes re-traumatization among women and provides the opportunity for abusers to continue to confront and intimidate victims (Ward, 2016). Herman (2005) states: “Perpetrators of sexual and domestic violence have intimate knowledge that makes it very easy for them to threaten or discredit their victims” (p. 574). Forcing women to confront their abuser face-to-face provides the abuser multiple opportunities to effectively maintain power and control over their victim (Ward, 2016). Emotional and Psychological Impacts. Litigation abuse has been found to impact victims both emotionally and psychologically (Laing, 2017; Ward, 2016). Survivors report feeling constant pressure, resulting in post-traumatic stress disorder, exhaustion, nightmares, and fear (Ward, 2016). Herman (2005), in examining women’s experiences of court, states: “To a victim who has already been terrorized and humiliated, the routine procedures of the legal system do not offer much reassurance” (p. 574). The constant threats cause mental breakdowns and women feel like they will “never be free” and “never have peace of mind” when dealing with prolonged abuse through the courts (Ward, 2016, p. 455). Women additionally state having lost or gained unhealthy amounts of weight or having insomnia due to the stress (Ward, 2016). Preventing Litigation Abuse in Canada The Canadian Legal Services Society is currently aware of litigation abuse. However, there are limited resources available for survivors. Currently judges within provincial and supreme courts have few ways to deal with a perpetrator using the legal system against their BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 34 victims (Legal Services Society, 2020). To prevent litigation abuse the judge can (a) cancel the abuser’s court applications, (b) stop the abuser from making multiple court orders (for a certain time or until the person has followed some other court order), (c) ensure the abuser gains the court’s permission before making other applications, and (d) tell the abuser to pay money to the court or fine them up to $5,000 (Legal Services Society, 2020). Within the literature, there are measures to help the court determine if a litigant is vexatious (Vollans, 2010). A vexatious litigant is forbidden from further legal action without permission from a judge due to abusing the court process (Chewter, 2003). The Supreme Court of Canada has developed a list of seven criteria that determines f a litigant is vexatious (Vollans, 2010). Furthermore, Vollans (2010) created her own criteria used to define court related abuse and harassment. Unfortunately, many current responsive legal strategies, including determining a vexatious litigant, are difficult to achieve and have significant limitations in minimizing the impact of litigation abuse (Douglas, 2017). Women may respond to litigation abuse through their own legal actions, including counter civil suits (Douglas, 2017). However, women are unlikely to engage in further legal actions as it requires going through the trauma of engaging with police, giving evidence against the perpetrator, navigating complex litigation, experiencing continued contact with abuser, and taking up large amounts of time in getting legal advice and support. Rationale, Purpose and Research Question of the Present Study Although intimate partner violence is well known within multiple disciplines, there is limited research on the use of litigation by an abuser in order to impose ongoing power, control, and harassment towards their victim. From the history of research regarding intimate partner violence, a trajectory of progress can be seen in protecting women. Multiple disciplines, including sociology, psychology, criminal justice, public health, and social work, attempt to BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 35 explain IPV, with different emphases combining to provide a broad picture of violence towards women. Major contributors within counselling psychology focus on individual, social, and sociocultural explanations for violence within family systems and between intimate partners. These major contributors include theories from family violence and feminist perspectives. Although the revelations from previous research are important for progress, traditional systemic and social structures supporting violence towards women currently fall short in hearing and validating women’s experiences of litigation abuse following intimate partner violence. The causes and risk factors for female victimization of intimate partner violence are still prevalent within society, and the litigation process fails to recognize these factors. Women undergoing litigation abuse experience difficulties throughout the litigation process. From interactions with police to the pressures of the court room, the result is revictimization at the hands of the system. Although the legal system is designed for justice, injustice and abuse still manage to victimize women today. Litigation abuse occurs through a perpetrator’s continued abuse, harassment, and control of their victim through the court. Although slowly growing, the literature on this issue remains limited (Ward, 2015). This is evident through the court’s failure to acknowledge and define litigation abuse. More research is needed to address this issue, define it, and provide professionals, over multiple disciplines, with resources to aid victims of IPV through the court process. Currently, victims remain isolated and feel unsupported by friends, family, the legal system, and mental health professionals. Systemic barriers, preventing women from gaining justice, need to be addressed and a move towards change must happen, but women cannot do this alone. Bringing awareness to the issue includes participation of other professions outside the legal system, such as counsellors and psychologists. It is additionally important for research to BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 36 focus on marginalized individuals, including women who experience litigation abuse due to socioeconomic and class disadvantages. The aim of this study was to contribute to the current literature by providing an emic perspective of women’s experiences of litigation abuse following intimate partner violence. Using the listening guide (Gilligan, 2015), a feminist methodology, the purpose of this research was to provide a space for the voices of abused and marginalized women to be heard and for these women to be empowered through the telling of stories. Providing the opportunity for women to tell their stories is an important step in understanding the problem and developing strategies to respond to it. In addition, it is my hope that this research will provide multiple disciplines information for understanding litigation abuse in Canada. The following research question will guide this study: What are the voices present in the experience of litigation abuse following intimate partner violence for women? BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 37 CHAPTER 3: METHODOLOGY The purpose of this study was to hear and discover the voices present within women’s experiences of litigation abuse following intimate partner violence. Moreover, the study aimed to bring the oppressed voices of women who have experienced litigation abuse to the forefront of counselling psychology research. The following section describes the transformative paradigm underpinning this project, the design of the study using the listening guide (Brown & Gilligan, 1992), the position of the researcher, selection and recruitment of participants, data collection and analysis, the paradigmatic and methodological implications for meeting the criteria for rigour, anticipated outcomes, limitations, and ethical considerations. Research Paradigm A research paradigm is a way of looking at the world, composed of philosophical assumptions that guide and direct thinking and action (Mertens, 2015). This research is situated in a transformative paradigm with a feminist lens. As I reflected on the assumptions guiding and directing this research, I returned to the aim and purpose of the study to guide my choice of paradigm. This study aimed to contribute to the literature by providing the perspective of women’s experiences of litigation abuse following intimate partner violence. Using the listening guide (Gilligan et al., 2003), the purpose was to provide a space for the voices of abused and marginalized women to be empowered through the telling of stories. With this focus, the assumptions associated with a transformative paradigm seemed most fitting for listening to the stories of these women. Within this section, I have addressed the ontological, epistemological, and axiological assumptions of the transformative paradigm, with aspects from the feminist perspective, and described how they relate to this research project. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 38 Ontology The ontological assumption of the transformative paradigm holds that multiple socially constructed realities exist, but power and privilege shape the nature of those realities (MartínezAlemán et al., 2015; Mertens, 2015). The transformative paradigm answers the question of “what is the nature of reality?” by examining viewpoints within a political, cultural, and economic value system to understand the basis for the differences (Romm, 2015). This ontological stance seeks to understand how certain perspectives on reality become privileged over others (Romm, 2015). To understand reality, it is necessary to be explicit about the social, political, cultural, economic, ethnic, racial, gender, age, and disability values that define realities (Mertens, 2007). The transformative paradigm states that damage can be done by researchers who ignore the factors that give privilege to one version of reality over another (Mertens, 2015). A goal of mine within this research was to represent the multiple realities of women who experience litigation abuse following intimate partner violence. As a transformative researcher, the realities of the oppressed get more attention than others. Through studying litigation abuse, I have worked to highlight issues of power and privilege explained through the women’s experiences. Epistemology The epistemological assumption within the transformative paradigm holds that knowledge is defined from a prism of cultural lenses and power issues (Mertens, 2015). The relationship between the researcher and participant is interactive and recognises power relations and dynamics, with an awareness of cultural complexities (Mertens, 2015). In addition to the transformative epistemology, feminist perspectives both highlight how women have been traditionally left out of mainstream research and state that knowledge is found in valuing the perspective, feelings, and lived experience of women (Hesse-Biber, 2014). Multiple feminist BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 39 lenses work to expose power dynamics and layers of sexist, racist, homophobic, and colonial points of view. The feminist perspective challenges the traditional role of a woman as “wife” and “mother” and recognises the woman as an autonomous being. In addition, feminist perspectives carry messages of empowerment and challenge knowledge claims from those in privileged positions. Researchers place women’s lives and those of other marginalized groups at the centre of social inquiry, while encouraging women to live and embrace the creativity and knowledge building that lies within the tensions of difference. I gravitated towards both the transformative and feminist epistemologies because of their focus on power differentials, privilege, and the recognition of women as autonomous beings. Although society has given voice and equality to women within recent decades, these issues of power differences, privilege, and autonomy for women are factors associated with intimate partner violence and litigation abuse, as seen in the literature review above. I aligned with a transformative and feminist epistemology because of its recognition of politics and culture (Harding, 2004). In examining the issue of litigation abuse, I recognised that women were culturally situated. Harding (2004) shares that politics and culture “can and often do also function as ‘toolboxes,’ enabling new perspectives and new ways of seeing the world to enlarge the horizons of our explanations, understandings, and yearnings for a better life” (p.5). Therefore, the epistemological stance of feminist research situates itself in culture and society, allowing for accurate and broader accounts of human experience. This was important for my research because I aimed to bring awareness to the issue of how litigation abuse oppresses women, society’s contribution to the oppression, and actions towards ending it. This has been achieved by asking the participants how members of society, including those who work in the legal system and those who do not, positively and/or negatively impacted their experience of BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 40 litigation abuse. Axiology There are three basic principles that underlie the axiological position of transformative research: respect, beneficence, and justice (Mertens, 2007). This includes respect for cultural norms, promoting human rights, and increasing social justice (Mertens, 2015). The transformative paradigm fosters awareness of those who experience oppression and vulnerable populations, and it is greatly concerned for the welfare and rights of the research participants (Martínez-Alemán et al., 2015; Mertens 2015). Research asserts that through basing policies and practice on a social justice theory of ethics the community will be able to redress inequalities by giving precedence, or equal weight, to the voices of the least advantaged groups in society (Mertens, 2007). The transformative axiological assumption additionally asserts that all people be treated with dignity, respect, and the avoidance of harm (Mertens, 2007, p. 222). Through a social justice theory of ethics and the rights-based perspective, the implicit goal of research is to include the voices of people who may not have sufficient power to accurately represent their own viewpoints, as well as to empower the less advantaged in being able to take an activist role in social change (Mertens, 2007). I appreciated the transformative axiological assumptions as they connect well with my own passion and goals for this research. I recognized that, as the researcher, I was in a position of power, and I aimed to use that to provide the opportunity for the marginalized and oppressed voices of the women who experience litigation abuse to be heard. Although I was in a position of power, as I interacted with participants, I joined them in their journey, and learned from them, while emphasizing that they were experts on their own lives. Furthermore, I recognized that this research, given the parameters of a master’s thesis, may not directly cause societal change. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 41 However, I aimed to adopt the axiological position from the transformative paradigm, hoping that it will lead professionals to examine litigation abuse within the field of counselling psychology, and create awareness for them to become involved in social change in supporting victims of litigation abuse. Rationale for Transformative Paradigm Mertens (2008) argues the rationale for transformative research rests in outlining ongoing challenges in the world, acknowledging issues of power, discrimination, and oppression, and taking opportunities for research to encourage social change. The transformative paradigm raises issues of social justice and human rights. Moreover, it can be applied to anyone who has experienced discrimination and oppression, and it is applicable to the study of the power structures that perpetrate social inequalities (Mertens, 2008). This makes the transformative paradigm suitable for the study of litigation abuse towards women as I intended to focus not only on abuse perpetrated by a male ex-partner in the court but also to focus on how the legal system may support and cause the abuse itself. A pilot study was conducted prior to this thesis, which provided further direction in developing the study (see Appendix A). For the pilot study, I interviewed two women who had experienced litigation abuse following intimate partner violence. In transformative research, it is “viewed as essential to involve the people who are the research participants in the planning, conduct, analysis, interpretation, and use of the research” (Mertens, 2015, p. 33). These two women provided great insights into their experience of litigation abuse and the development of this thesis. It is important that their voices and stories be heard. In addition, following the pilot study, I connected with them to further develop the interview protocol and direction for the thesis study (see Appendix B). BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 42 Employing a transformative paradigm with a feminist lens, I have additionally acknowledged the importance of intersectionality into the research design and analysis. As stated in the above literature review, intersectionality examines how multiple social systems intersect to produce and sustain complex inequalities (Grzanka et al., 2017). The epistemological underpinnings of intersectionality recognize and challenge how multiple systems of inequality are always involved in the process of knowledge production (Moradi & Grzanka, 2017). Furthermore, adding a lens of intersectionality within our research design and analysis aligns with the use of the listening guide methodology and analysis: “Qualitative approaches that foreground issues of power in the research process by privileging participants’ voices and providing opportunities for collaboration that blur the boundaries between researchers and participants might also benefit from including intersectionality’s emphasis on how systems of oppression shape the research process itself” (Grzanka, Santos, & Moradi, 2017, p. 454). In conclusion, employing a transformative paradigm for this study aligns with our aim of hearing and validating voices of women who have experienced marginalization and oppression within litigation abuse. By conducting the pilot study, we invited women to participate leading to further empowerment for women. In addition, addressing aspects of intersectionality into the research design and analysis invites us to examine inequality through multiple social systems. The Listening Guide: A Qualitative Methodology Qualitative research has historically served as a cornerstone for advancing theory and practice in the field of counselling and psychotherapy (Ponterotto et al., 2017). A qualitative design seemed most fitting for this study as they “often give voice to previously disempowered, marginalized, and silenced groups who share their worldview and lived experiences in their own BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 43 words, in their own way, and under conditions set forth through co-membership in the research endeavour” (Ponterotto, 2010, p. 584). In addition, qualitative research “can help researchers to access the thoughts and feelings of research participants, which can enable development of an understanding of the meaning that people ascribe to their experience” (Sutton & Austin, 2015, p. 226). Within this study, a qualitative methodology, the listening guide (Gilligan, 2015) was used to explore women’s voice in the experience of litigation abuse. I chose to employ the listening guide because of its relational approach and its facility to examine women’s lived experience through highlighting their own voices. The listening guide is a method of qualitative psychological inquiry and analysis that focusses on voice, resonance, and relationship as ports of entry into the human psyche (Gilligan et al., 2003). The method examines women’s experiences of self, approaches to relational conflicts, and complexities of voice in relationship (Brown & Gilligan, 1992). Voice is central in the listening guide, as it provides a channel of connection, and a pathway for the inner psychic world of thoughts and feelings to be brought out, where they can be heard by oneself and others (Brown & Gilligan, 1992). Voice is embodied through connecting the psyche and body, and as a language it joins psyche and culture together (Brown & Gilligan, 1992). Therefore, voice is always embodied, in culture and in relationship with the self and others (Gilligan et al., 2003). This method, which shares a set of assumptions about the human world, is called relational psychologies (Gilligan et al., 2003). These assumptions include that human development occurs in relation with others and that the sense of self cannot be separated from relationships with others or with the cultures within which we live (Gilligan et al., 2003). The listening guide additionally emphasizes multiple layers of the psyche, which is captured through the researcher “systemically attending to the many voices embedded in a person’s expressed BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 44 experience” (Gilligan et al., 2003, p. 157). Moreover, the approach is centred on listening to a set of basic questions: “Who is speaking, in what body, telling what story about relationship – from whose perspective or from what vantage point, in what societal and cultural framework?” (Brown & Gilligan, 1992, p. 21). The first question, “who is speaking,” examines the voice of the person as a distinct and new voice worth listening to (Brown & Gilligan, 1992). Inquiring about the body, the relational story being told, and the societal and cultural framework examines that which is psychologically meaningful to the participant (Brown & Gilligan, 1992). By keeping these questions as a larger framework of reference, the text (interview transcripts) was read through multiple times while listening for aspects of voice (Gilligan et al., 2003). These steps are called a listening rather than a reading because the process of listening requires active participation of both the teller and listener (Gilligan et al., 2003, p. 159). In applying the listening guide there are four listenings during which the researcher begins to sort out different voices and follows their movement through the interview (Brown & Gilligan, 1992, p. 25). The four listenings include listening for the plot, the I poems, listening for contrapuntal voices, and composing an analysis (Gilligan et al., 2003). Rationale for the Listening Guide Methodology In my search for a methodology, I found the listening guide fit both the research question and the transformative paradigm. As I read Brown and Gilligan’s (1992) Meeting at the Crossroads, I was intrigued with their findings of women’s development and relationship. Brown and Gilligan (1992) describe their research as follows: Meeting at this crossroads creates an opportunity for women to join girls and by doing so to reclaim lost voices and lost strengths, to strengthen girls’ voices and girls’ courage as they enter adolescence by offering girls resonant relationships, and in this way to move BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 45 with girls toward creating a psychologically healthier world and a more caring and just society. (p. 6) Like Brown and Gilligan, I hoped to join with women in hearing their stories of litigation abuse, and aid in finding and reclaiming their lost voices and strengths. I appreciated the listening guide as it examined multiple layers of voice within relational and cultural contexts (Gilligan et al., 2003). This allowed for the internal and external barriers preventing women from speaking and moving freely within the context of litigation abuse to be examined in depth. I found the listening guide a useful tool because of its awareness of the relational, systemic, and cultural contexts in which the research takes place (Gilligan et al., 2003). In connection with the transformative paradigm, an examination of the issues of social justice was included in this research as I intended to listen to and document the stories of women’s experiences within the justice system. Incorporating the relational and systemic contexts into the research provided a platform for me, as a master’s student in the field of counselling psychology, to bring awareness to the field and work towards providing informed services for women undergoing litigation abuse following intimate partner violence. A pilot study, conducted prior to this thesis, provided further direction in choosing the listening guide methodology (see Appendix A). For the pilot study, I interviewed two women who had experienced litigation abuse following intimate partner violence. The research question guiding the study asked: How do female survivors of intimate partner violence experience litigation abuse? Using narrative inquiry as the methodology and thematic analysis, I found five main themes: trauma symptoms not recognized within the courts, litigation abuse as an extension of intimate partner violence, misuse of power in the courts by judges and lawyers, navigating difficult emotions, and finding meaning in suffering. I found an additional subtheme for trauma BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 46 symptoms not recognized within the courts: a need for a trauma informed system. Using narrative inquiry, the pilot study contributed to this thesis by revealing themes associated with the abusive tactics of litigation abuse on behalf of the perpetrator. We found that abuse was manifested through multiple layers, and we aimed to discover these layers more deeply within the thesis project. I switched the methodology to the listening guide to hear these layers through women’s voice. Using the listening guide, I was better equipped to ask questions that examined women’s experiences of self, approaches to relational conflicts, and complexities of voice in relationship (Brown & Gilligan, 1992). Position of the Researcher The listening guide is a relational method that intentionally brings the researcher into relationship with the participant (Gilligan et al., 2003). Within a relational framework the researcher’s responses, experiences, and interpretative lenses brings the researcher into relationship with the participants (Gilligan et al., 2003). Brown and Gilligan (1992) describe the position of the researcher as “taking in the voice of another and gaining entry, an opening, and connection with the participants psychic life” (p. 23). In the relational framework, relationship and connection is key to psychological inquiry: Instead of holding as an ideal a no-voice voice or an objective stance – a way of speaking or seeing that is disembodied, outside of relationship, in no particular time or place – we seek to ground our work empirically, in experience, and in the realities of relationship and of difference, of time and place. (Brown & Gilligan, 1992, p. 23) In concordance with the transformative paradigm, Brown and Gilligan (1992) highlight their power in the research process: As psychologists, we are in positions of some authority and power, able to (licensed to) BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 47 treat people, assess people, test people, write about people in ways that affect their lives, their feelings and thoughts about themselves and about others, their economic and social opportunities. Questions about voice, authority, truth, and relationships, which may be academic within other disciplines, become, within the field of psychology, highly personal and highly political questions. (p. 22) A transformative and listening guide lens recognizes that researchers and research contexts are part of the same “privilege and power-based, racialized, class-based, and heterosexual norms that shape society” (Martínez-Alemán et al., 2015, p. 292). The researcher is involved in the research process, recognises the power in constructing research questions, and ensures the power of the researcher does not overpower the results (Romm, 2015). Who am I? As stated above, both the listening guide and transformative paradigm provide a platform for the researcher to share their personal experiences with the research topic. In addition, sharing my own connection with the topic provided an opportunity to ensure reflexivity within the study and eliminate researcher bias (Amankwaa, 2016). As I reflected on my personal experience and relation to the topic, I asked myself: “Who am I?” I answered this complex question by first stating that I am a woman, White, born in Canada, and a current graduate student in the counselling psychology program at Trinity Western University. My passion for studying women’s experiences of litigation abuse following intimate partner violence stems from witnessing the effects of violence against girls and women with my family, friends, and women I have worked with in counselling settings. My mother, a survivor of childhood sexual abuse, laid the foundation for my passion to work with female survivors of trauma. I have personally witnessed negative physical and mental health consequences of intimate partner violence done by a male perpetrator towards my female friends and clients. One of the first BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 48 encounters I had with violence against women was when I was working in a transition house as a front-line worker. I remember when a woman came into the house; her eyes could hardly open due to the swelling and bruises on her face, head, and neck. I was deeply disturbed by her appearance and disgusted with the fact that an intimate partner, someone she had loved and trusted, had done such horrific things to her. A sense of injustice and anger grew within me, and a passion to help women who had experienced intimate partner violence was ignited. Throughout my master’s degree, I have undergone a counselling internship working with female survivors of domestic violence and abuse. Upon hearing story after story, the common theme of litigation abuse came to my attention and stood out to me. I began to research women’s experiences of litigation abuse following intimate partner violence and a passion for the topic grew stronger. I realized that women experienced abuse not only within the relationship but also years following in endless court battles. Female survivors of IPV are being forced back into victim roles through the continued abuse by their partners in the courts. In addition, the obstacles women face in navigating the court system following abuse tend to cause further distress and activate trauma triggers. Though I am not a survivor of litigation abuse, I have felt powerless in relationships and systems. As a woman in Western society, I have had to conform to societal rules, which limit and objectify women. My own experiences of emotional and psychological abuse in relationships with men have contributed to the passion I have in working with this population. In addition, I have been sexually objectified by men and felt powerless and worthless leading to my own mental health issues. The shame I have felt as a woman in Western society and the abuse I have experienced contribute to the lens that I bring into this research study. Participant Selection and Recruitment Participants were recruited through local counselling agencies, word-of-mouth, BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 49 advertisement posters, and social media outlets. The inclusion criteria were (a) women who have experienced litigation abuse following intimate partner violence, (b) women who have current supports in place consisting of association with a current counselling agency or counsellor, (c) women who are 19 years or older, (d) women who speak English in order to communicate in the interview process, and (e) women who are comfortable sharing information about their abusive situations. The major issues that arose for participants in our study were emotional and psychological distress as a result of sharing their stories of abuse. These issues were addressed through the inclusion criterion of women having access to counselling services prior to and during the interview. My training as the principle investigator (PI) in Advanced Counselling Skills CPSY 590 enabled me to assess the impact of distress and to interrupt the interview and support the participants in connecting them to resources as needed. Women who did not have current support from a counselling agency or counsellor were excluded from the study. If a participant needed additional support, a resource list of counselling agencies was provided (see Appendix C). The term litigation abuse does not have a specified definition within the literature; therefore, women who self-identified as having experienced the use of the legal system by an ex-partner to continue to harass, abuse, and control them qualified for the study. As previously stated, participants were recruited through local counselling agencies, word-of-mouth, advertisement posters, and social media outlets. I additionally ensured participants felt no pressure to participate in the project, and so I did not directly solicit their participation. In addition, I gained verbal consent from participants indicating they felt no pressure to participate. Aligning with a transformative paradigm, I aimed to empower the women throughout the entire research process. Therefore, the informed consent form (see Appendix D) BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 50 additionally states that the benefit of this study for participants is to share their story of litigation abuse in a supportive environment and to be empowered as victims’ of violence to have a voice where they may not have had one before. Sampling This being a qualitative study, I conducted purposeful, criterion, and convenience sampling. According to Patton (2014), purposeful sampling allows the researcher to select information-rich cases that will generate great insights and in-depth understandings of the study’s interests, while strategically aligning with the “inquiry’s purpose, primary questions, and data being collected” (p. 264). Within purposeful sampling, the researcher develops parameters or boundaries to “delimit the specific cases or informant characteristics that will be assessed or observed and to identify what the research will examine in terms of environmental artifacts or individual characteristics” (Collins, 2010, p. 8). For this study, I created the parameters and boundaries based on the transformative and feminist paradigms and on my research question. The transformative paradigm asserts that sampling needs to reveal the dangers of the myth of homogeneity, to understand diversity in context, to avoid damaging participants through the use of demeaning and self-defeating labels, and to recognize barriers that contribute to more ethical and accurate findings (Mertens, 2007). With this frame, individual characteristics such as age, culture, ethnicity, and social class can be different among the sample because those factors contribute to understanding the similarities, differences, and complexities of the women’s experiences. Furthermore, purposeful sampling includes me as the principal investigator ensuring that the participants meet the inclusion and exclusion criteria of the study. I kept the inclusion criteria broad in terms of age, culture, ethnicity, and social class because I aimed to leave room for exploring the similarities, differences, and complexities of women’s experiences of litigation BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 51 abuse. Convenience sampling was additionally used as the individuals chosen were conveniently available and willing to participate in the study (Collins, 2010). Typically, there are no specific rules regarding sample size for qualitative inquiry (Collins, 2010). I aimed to recruit six to ten participants; the total number of participants recruited was seven. Although the sample size was relatively small, the rich detail accompanying the listening guide methodology, allowed for detailed description of participant experiences. In addition, determining sample size for purposive sampling is found in achieving saturation (Collins, 2010). Saturation occurs when a researcher collects and analyses cases to the point that no new cases will provide additional information that can be incorporated into thematic categories (Collins, 2010; Lincoln & Guba, 1985). Although this study has not fully achieved the goal of saturation, keeping a sample size of seven participants has enabled enough saturation for trustworthy and transferable results, while allowing for deep and rich data collection. Moreover, past master’s theses using the listening guide method at Trinity Western University often have small sample sizes of six to ten participants. Data collection The data was collected using one semi-structured interview between the principal investigator and participants. The semi-structured interviews were conducted online through Zoom or by phone and were 60 to 120 minutes in length. I began the interview by welcoming the participants and reviewing the informed consent and confidentiality forms (see Appendix D). I then answered any questions or concerns they had regarding their participation in the study. I used an interview protocol to conduct the online and phone interviews (see Appendix B). Upon finishing the interview, participants were debriefed (see Appendix E) and thanked for their time. A resource sheet of free or low-cost counselling was also provided for those who needed further BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 52 support due to experiencing emotional or psychological distress during the interview (see Appendix C). Interviews were audio-recorded through the confidential Zoom software. All data gathering instruments and data storage systems had the interview data coded making it impossible to match identity of participants with information generated. The coding key was securely stored on an encrypted password protected USB drive. In addition, the recorded interviews were kept on the encrypted USB drive. The participants’ identifying information was only kept electronically; paper copies were not needed. Using the Zoom software, I transcribed and edited the interviews. Importantly, all identifying information was left out of the transcripts. The transcripts were printed off as paper copies and analyzed. To ensure participant confidentiality, only I had access to the password protected USB drive and the identifying information of the participants. Both the transcripts and the final thesis did not have any information that matched the identity of the participants with the information provided. Following the completion of the thesis, in accordance with the requirements of the Trinity Western University Ethics Board, all paper and electronic files will be destroyed. Data analysis I transcribed the audio recorded interview through the Zoom software. I edited the transcripts in order to fully immerse myself in the participants’ stories and become familiar with the nuances of the data. After transcribing the data, I conducted four listenings, as described below, with a research assistant. Using printed hard copies of the transcripts, the four listenings included reading through the steps associated with the listenings and highlighting emerging codes and possible themes. Different colours allowed for distinguishing between themes and provided a layered analysis. The coloured codes and themes represented voices emerging throughout the listenings within the participant’s story. Once the information was gathered, I BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 53 sorted the voices and determined those which were more frequent and those that related to the research question. As stated above, each participant’s story was analysed by me and a research assistant. Research assistants consisted of past or current Master of Counselling Psychology students at Trinity Western University. These students read and signed a confidentiality agreement (see Appendix F) and are familiar with research methods. Following these phases of analysis, I met with participants a second time individually, through an online zoom meeting or phone call, to discuss the findings and inquire if they were congruent with participant experiences (see Appendix G). I also expanded on my own experiences and reactions to their stories. This allowed me to further engage with the participants and ensure the results accurately aligned with their experiences. Using a transformative paradigm, this additionally allowed for greater involvement of participants in the research process and empowered them by giving them a voice in the final findings. Applying the Listening Guide As stated above, applying the listening guide involves four steps: (a) listening for the plot, (b) I poems, (c) listening for contrapuntal voices, and (d) composing an analysis. Within this next section, I will describe the four steps in depth, as outlined by Gilligan (Gilligan et al., 2003). Step 1: Listening for the Plot. The goal of the first listening was to get a sense of what is happening through a) listening for the plot and b) the listener’s response to the interview (Gilligan et al., 2003). We listened to the who, what, when, where, and why of the narrative, while attending to the multiple landscapes and contexts in which the stories are embedded (Gilligan et al., 2003). The listener attends to recurring words, images, metaphors, emotional BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 54 resonances, contradictions, inconsistencies in style, absences in the story, and shifts of voice in the narrative position (Brown & Gilligan, 1992). The listener takes note of the cultural and social context that is experienced as the researcher and participant come together (Gilligan et al., 2003). The researcher additionally considers their power to name and control meaning within the narrative (Brown & Gilligan, 1992). They attempt to avoid abuse of power through naming and assessing the meaning of their own feelings and thoughts about the participant and her story (Brown & Gilligan, 1992). The researcher is never objective; throughout the listenings, they are identifying, exploring, and making explicit their own thoughts and feelings, as well as areas where they connect or disconnect from the participant (Gilligan et al., 2003). Multiple listenings are at the heart of the listening guide; therefore, the analysis process is enhanced by working in “interpretive communities” that includes multiple listeners (Gilligan et al., 2003, p. 161). The research process consists of dialogue between multiple researchers and research assistants to explore different connections, resonances, and interpretations of the narrative (Gilligan et al., 2003). Step 2: I Poems. The second step focuses on the voice of the “I” who is speaking by examining the use of the first-person pronoun (Gilligan et al., 2003, p. 162). The purpose of this step is to encourage the researcher to listen to the participant’s first-person voice and to hear how they speak about themselves (Gilligan et al., 2003). This is crucial in a relational method as it brings the researcher into relationship with the person, including the participant’s own description of herself and knowing her on her own terms (Brown & Gilligan, 1992). There are two rules associated with this step: (a) underline or select each first person “I” within the passage you have chosen, along with the verb and any important accompanying words, and (b) note the sequence of how these phrases appear in the text. Then pull out each “I” phrase, keeping them in BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 55 order but placing them on a separate line, like lines in a poem (Gilligan et al., 2003, p. 162). The I poem allows for listening to an associative stream of consciousness, where the researcher enters the participant’s psychic life, bringing the listener into responsive relationship with the person speaking (Brown & Gilligan, 1992). Step 3: Listening for Contrapuntal Voices. The third step includes listening for contrapuntal voices and brings the analysis back into relationship with the research question (Gilligan et al., 2003). This step includes reading through the transcript two or more times, each time tuning into one voice or aspect within the person’s expression of their experience (Gilligan et al., 2003). The research assistants and I read through the text, listening for one voice at a time and then underlined it in a colour chosen to represent that voice. The research assistants included students or past students of the Master of Counselling Psychology program at Trinity Western University. In addition, faculty members in the Master of Counselling Psychology program, including my thesis supervisor Deepak Mathew, aided in listening to voices and composing the analysis. The listening for contrapuntal voices for each transcript was conducted by me with a minimum of one research assistant per transcript. This improved the quality and rigour of the findings. We then read through the text a separate time for each contrapuntal voice, allowing for a statement to contain multiple meanings and to see relationships between the first-person voice and contrapuntal voices (Gilligan et al., 2003). Then we examined the multiplicity of voices and how these voices were in harmony with, or contradiction to each other (Gilligan et al., 2003). Once we underlined and coloured the contrapuntal voices throughout the transcript, we had a visual way of examining these voices’ relationship to each other and the I poem, and this relationship became the focus of interest. We then assessed whether this voice made sense and highlighted meaningful aspects of the text (Gilligan et al., 2003). Upon reading and rereading BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 56 through multiple transcripts, we noticed important aspects — things that may have been left out and need to be added — and whether new voices need to be listened to or removed. The voices began to be redefined and newly defined through the analysis of multiple interviews and transcripts (Gilligan et al., 2003). Regarding my research focus of women’s experience of litigation abuse, this method allowed for listening to institutionalized restraints and cultural norms, which become moral and silent voices (Brown & Gilligan, 1992). Following feminist ideas and theory, the listening guide was a suitable method for analysing the experience of litigation abuse as it allowed for discovery of voices that are distorted by gender stereotypes and used as opportunities for distancing, abuse, oppression, and subordination (Brown & Gilligan, 1992). Step 4: Composing an Analysis. The final step of the listening guide method included reading through the transcript’s multiple times, then pulling together what has been learned in relation to the research question from the plot, I poem, and contrapuntal voices (Gilligan et al., 2003). I then composed a written analysis of the results, while turning to the research question, asking myself questions such as, “What have I learned about the research question through this process and how have I come to know this? And what is the evidence on which I have based the interpretation?” (Gilligan et al., 2003, p. 168). Rigour and Quality This study was primarily situated in a transformative paradigm and therefore moves away from the traditional positivist and post positivist paradigms in assessing rigour. As the principal investigator of this study, I examined the data in a way that explored the multiple contexts and perspectives that constructed the participants’ realities, with a focus on the cultural and power issues emerging throughout. The focus was not on meeting the criteria for validity, reliability, BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 57 and generalizability, but examining trustworthiness in the participants’ stories (Loh, 2013). In examining trustworthiness, analyzing results is not simply a factual reporting of events, but an exploration of the personal meaning of an experience (Loh, 2013). For this study, I used the trustworthiness criteria and techniques for establishing them described by Lincoln and Guba (1985). These techniques include credibility, transferability, dependability, and confirmability (Lincoln & Guba, 1985). The first criterion used is credibility, which includes having confidence as a researcher that there is ‘truth’ in the findings (Amankwaa, 2016). The techniques I used to ensure credibility for this study included peer debriefing with research assistants and supervisors. Member checks were facilitated through a debriefing with participants where the final report, including the voices found through using the listening guide, was taken back to participants to ensure the findings were true to participant experiences (see Appendix G). While debriefing, I additionally did a follow up interview to facilitate further credibility assessment with each participant (see Appendix H). Member checking aligned with the transformative paradigm as the participants were actively involved in the research process and findings (Romm, 2015). As stated previously, I additionally used the participants’ responses from the pilot study to construct the interview protocol (see Appendix A). This added greater credibility and quality to the research process. The second criterion used to establish trustworthiness in the findings included transferability, which is defined as showing that the findings have applicability in other contexts (Amankwaa, 2016). The technique used to establish transferability was thick description where litigation abuse was described in detail such as the location, setting, atmosphere, climate, participants present, attitudes of the participants involved, bonds established with participants, and feelings of the investigator (Amankwaa, 2016). This criterion was met by using the listening BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 58 guide as it allows for the story of the participant to be shared. In addition, as with a relational approach, thick description examined both the external and internal experiences of the participant and researcher. The third criterion used to establish trustworthiness within the study is dependability, which included showing that the findings were consistent and could be repeated (Amankwaa, 2016). Dependability was achieved through the technique known as inquiry audit, which includes having a researcher not involved in the research process examine both the process and product of the research study (Amankwaa, 2016). Inquiry auditing was done throughout the research process, as I was actively involved in research classes and labs. When discussing research findings, confidentiality forms were signed by all research assistants to ensure participant information was kept confidential (see Appendix F). The final criterion used to establish trustworthiness within this study was confirmability, which is defined as “a degree of neutrality of the extent to which the findings of a study are shaped by the respondents and not research bias, motivation, or interest” (Amankwaa, 2016, p. 121). The technique that I used to establish confirmability is reflexivity. Reflexivity was achieved through using the listening guide as I examined each individual transcript with one or more research assistants. Including multiple researchers in the process fostered dialogue, lead to divergent and complimentary understandings of the participant’s stories, and provided a context in which researcher beliefs, values, and perspectives could be revealed (Amankwaa, 2016). In addition, I included reflexivity as the researcher in our discussion section in which I exposed my own process of development through this research project. During the research journey, I kept a reflective journal in which I made regular entries, highlighting my values, beliefs, positions, and interests as they arose from conducting and analysing interview transcripts. In addition, BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 59 following a transformative paradigm, the position of the researcher was highlighted in a previous section of this chapter when I stated my personal connection to the research topic. Ethical Considerations The potential benefits for participating in the study included an opportunity for women to share their story of litigation abuse in a supportive environment. This study sought to empower female survivors of violence to develop a voice where they may not have had one before. This study benefits the community through providing education and awareness of the difficulties women face navigating the court system following abuse. These insights could then benefit other professionals working in the field, including police, social workers, victim service representatives, and lawyers. The potential risks for participating in the study included women experiencing distress as a result of being asked to share personal experiences of abuse with an unfamiliar person. As the PI, I made every effort to minimize any distress or discomfort the women may have experienced as a result of participating in the research process. This included welcoming any questions they have had, ensuring they were connected to a counselling agency prior to the study, and providing all participants with a list of additional counselling resources and agencies (see Appendix C). My training as a therapist also enabled me to assess the impact of the distress and interrupt the interview if needed. The listening guide is a relational method wherein the researcher engages in the process of understanding the participants’ lived experience and is therefore influenced by the ethics of the research relationship. The ethical practice and codes employed in this research study include gaining the free consent of participants, guarding confidentiality, and protecting participants from harm. This research was approved by Trinity Western University’s Human Research Ethics Board. Prior to the study, I provided an informed consent form to the participant, outlining the BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 60 purpose, benefits, risks and discomforts, confidentiality, incentives, and contact information associated with the study. I ensured that confidentiality was guarded by coding all transcripts so that it was not possible to match the identity of the participant with information generated. The coding key was securely stored on an encrypted USB drive to which only I had access. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 61 CHAPTER 4: RESULTS The purpose of this study was to hear and discover the voices present within women’s experiences of litigation abuse following intimate partner violence. The research question guiding this study was, “what are the voices present in the experience of litigation abuse following intimate partner violence for women?” I employed the listening guide methodology, which allowed the research team to tune into women’s voices heard through their stories of litigation abuse. As a relational method, we joined the women in their journeys and discovered many voices existing within their inner worlds. Through listening and analyzing each narrative, the research team and I connected to participants in a relational manner and could hear their development of voice through litigation abuse. We examined how women viewed themselves and how their embodied voices were influenced and shaped by their relationships, including their relationships with their abusers and with those working in the legal profession. I conducted interviews with seven women and in their stories, we discovered 38 voices in total. We noticed and labelled voices unique to women’s individual experiences, and voices that overlapped or were similar between multiple narratives. Two broad categories emerged from the voices: voices of freedom and voices of apprehension. The voices of freedom included rationality, empowerment, self-assurance, vulnerability, and awareness. The voices of apprehension included self-criticism, disbelief, fear, hopelessness, and exposure. The seven participants within the study identified as female and were between the ages of 34 and 51 years at the time of the interview. This chapter begins by sharing a summary of the women’s individual experience, followed by their unique voices expressed and interpreted in the narrative. After the woman’s individual stories, artwork by a local artist portrays the metaphors and I-poems chosen from each individual story that I thought best represented the women’s BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 62 experiences. In this way, the artist joined us on the journey of demonstrating the many voices embedded in women’s experiences of litigation abuse. We felt the use of art enriched the results by evoking a unique emotional and perceptual understanding of litigation abuse which otherwise may not have been achieved linguistically. The final section of this chapter synthesizes the common voices heard among all participants’ narratives. As stated above, the synthesized voices were categorized into broad categories: voices of freedom and voices of apprehension. Sandra’s Story Sandra was a 34-year-old woman at the time of the interview; we met over the online platform Zoom. Upon meeting her, I noticed her intellect and poise shown in the way she spoke and held herself. As our interview began, Sandra shared her story of litigation abuse, using both enhanced vocabulary and imagery. She described herself as an optimistic person and I could see this through her lively nature. In describing her life, Sandra used the words “roadmap” to explain the many twists and turns she encountered while experiencing intimate partner violence and litigation abuse. In her story, she was on a path of discovery in which every experience led to a greater understanding and knowing of herself and the world around her. Hearing her story, I imagined her as a traveller, climbing over mountains and rough terrain. Unique to Sandra’s experience was her love for adventure and hiking in which she embodied the traveller. She shared that working for an airline allowed her the opportunity to travel the world and experience life through adventure. In Canada, she held on to an abusive relationship with her ex-partner and shared that this relationship became her identity. I had the sense that the abuse was something she was blind to, or perhaps did not allow herself to see because of the fear of losing the identity she constructed from the relationship. Upon entering the court system, her world started crumbling around her and she described this experience like BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 63 drowning in a wave pool. Frantically swimming, while struggling to breathe and keep her head above water, she noticed a ladder and swam toward it. She climbed up and noticed this ladder was placed by her support network mainly consisting of her friends and lawyer. Under the protection of her lawyer and with the security of her friends, she continued her journey of selfdiscovery, having learned so much about herself and others along the way. As Sandra shared her story, we could hear an array of voices, including rationality, optimism, the unknown, hopelessness, fear, and vulnerability. Her journey embodying these voices was complex with many twists and turns. She relied on the roadmap given to her by her support network to overcome litigation abuse. While we travelled through her story together, the first voice that emerged was the voice of rationality. The voice of rationality within Sandra’s story represents her cognitive processing and strategic ability to navigate the difficulties of litigation abuse. This voice is a voice of freedom that represents her intellect and awareness of self and others. Moreover, it is used as a coping mechanism throughout the narrative. We first encountered the voice of rationality at the beginning of our interview when Sandra gave an educated definition of litigation abuse: And so, my understanding of litigation abuse is how one person … so not necessarily in a partner … an intimate partner relationship, how one person would use the court system to damage or withhold assets from another person in this ... in this context, the litigation abuse would be around the ability to damage the person’s mental or emotional state and ultimately withhold spousal assets. As a coping mechanism, the voice of rationality described Sandra’s cognitive ability to separate from the pain of her experience and strategically move forward in decision making. This decision making was crucial for Sandra’s ability to cope and move forward in a way that would BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 64 produce effective change as she navigated the legal system. One of Sandra’s biggest fears entering the system was the financial strain of the court costs. The voice of rationality emerged as she developed strategies to overcome this hurdle. The voice of rationality was quickly joined by the voice of optimism. The voice of optimism within Sandra’s story represented who she was prior to experiencing litigation abuse and the person she fought to maintain throughout the narrative. The voice of optimism was twofold; it represented her bubbly charismatic spirit mixed with a love of art and nature. Throughout her journey, Sandra used nature, whether travelling to South America or hiking in Canada with friends, to remind her of her optimistic self and to take her out of the darkness within litigation abuse. And then you’re like snowshoeing and it’s beautiful and you watch snow fall from one branch to the next and plunk down on the trail and you're like, oh my goodness it smells great out here! Like those things can kind of snap you in and out of it. In addition, we heard the voice of optimism come out of her artistic nature. Upon meeting Sandra, I was drawn to this voice because it allowed a deeper understanding of litigation abuse as she often used imagery when describing her experiences. But when I think of it in my mind. It’s like this image of boots kind of being dragged like someone really dragging their feet through the legal system to make it painful for another person with a lot of intention behind those dragging boots like really dragging their feet to create more problems for the other person. In addition to the voices of rationality and optimism, we heard another voice, one that included feelings of uncertainty as we stepped into the complexities and the unknowns of litigation abuse. A battle of voices occurred within Sandra’s story, which left her in this state of BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 65 being blindsided. She entered this state of having to let go of who she thought she was in this relationship, and she needed to construct a new identity. To describe this experience, we labelled this as the voice of the unknown. This voice represented the confusion embedded in altering one’s life course and being met with internal and external barriers in the process. For example, internally she was faced with needing to construct a new sense of self, “Um I didn’t really understand how things could work outside of the relationship that I was in; it had become my whole world.” In addition to this internal reconstruction, Sandra was met with external roadblocks as she encountered the unknown of the legal system. I didn’t really know how far my partner could take all the legal things because I just, I mean I had an idea, but I didn’t. And I had an idea of how serious he was about it. But I didn’t really know what he could get away with. It was evident in Sandra’s story that she was pulled into this legal battle unprepared for what was about to happen and the abuse that occurred through the system. As she came into realizing what litigation abuse was and how it showed up in her life, she was terrified of the repercussions it would have. And I just, I didn’t even know what could happen in that context and that terrified me like I just knew that the legal system was expensive, and it was like monolithic. There were parts of it that I couldn’t even see the top of, how was I ever going to participate in that functionally, like, how was I ever not just going to be a bystander and get railroaded by that whole system. Sandra expanded further on the heartbreak she experienced through facing abuse from her partner, losing the relationship, and entering a legal battle with him. The day she was served was the day she felt her world fall apart. Everything she thought she knew about relationships BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 66 started to crumble and as we listened to her story, we could feel the sadness embedded through it. In the experience of her world falling apart we heard the voice of hopelessness. He tried to serve me on my birthday. I wasn’t home because I was working three jobs and got served on Saturday. Crumbled … like everything that I thought I had … like got sorted out and going for me totally crumbled. My entire world like below my feet fluttered away like sand and I was totally drowning. Sandra’s experience of litigation abuse was further defined through the voice of hopelessness as she began to understand the high price one pays in entering the system. She shared that battling through the courts would cost a heavy price. This price included her wellbeing because of the psychological torture involved in going through a legal battle with her ex-partner. I was very confident that going through a legal battle with him would whither me away. I would just succumb to a void of, you know, just a person who is indentured into paying legal battles and then paying out a spouse, like, at one point, he was like, I’m coming after you. She additionally expanded on how the process of entering the court system and the outcomes of it, are not worth losing her wellbeing. It seemed that court application and appearances made up a small portion of the issues and was not worth the trauma pursuing further. She shared that she could have fought for more assets in court, but it simply was not worth it. This demonstrated her desire to get out, whereas her ex-partner’s desire was to maintain control over her. But is that worth me being nervous and scared and sweaty and... and having... I get also migraines like just my mental and physical state eroding. Just so a judge can say BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 67 something that I already agree with and that we all know is going to be the outcome, just so we go through the steps like, great justice was served and am I any better off through that process? Nope. Don’t think so. The voice of hopelessness was also heard in Sandra’s lack of hope in how the legal system could help her. Again, we were met with the reality of whether going through such a horrific process would truly benefit her life or continue to harm her further. It seemed she so desperately wanted to get away from her ex-partner, but the legal system prevented her from doing so. We also got the sense that she did not fit into the mold that the system expected people to fit into. And just being very aware that the legal system is probably not going to solve the problem for me, so justice means something for someone. It doesn't mean my problem is going to be resolved. It doesn't mean his problem is going to be resolved. It didn't. It never occurred to me that it would provide a resolution. It just occurred to me that it would provide some legality to the experience. In addition to hopelessness, we hear the voice of fear in entering the legal system. There was fear in not knowing what comes with entering a legal battle. We also heard fear in her awareness of high legal fees. That was, it was totally scary. I was... I was already so far in debt and all I know. Like I affirmatively know that it costs a lot of money to go to court. You have to have financial resources to do that. I was not in a position to do that. And that means it could affect my life for a very long time, like I couldn’t just I didn’t understand that I could just pay to make it go away because I didn’t have any resources to pay to make it go away. With the fear of going to court, Sandra was faced with ongoing threats where her partner BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 68 used the legal system to have further contact with her. She shared that although these threats were terrifying to receive, they provided her greater awareness that he was using the system against her. Luckily, Sandra’s lawyer was aware of this form of abuse and helped to provide a roadmap in working her way through it. Despite the awareness and her roadmap, Sandra shared how scary it was to receive such threatening messages. My ex said, “I will drag you through the legal system. We both know you can’t afford it. You can’t afford to ignore me.” And I was like he’s... he’s going to do it. He’s going to take all the necessary steps to force me to participate in this … I was just like, okay, this is real. It’s going to happen and he is going to be mean about it, like he’s going to be cruel and he’s ... he’s going to try and make it painful and the legal system is a great venue for a hetero normative white male who has a million dollars in his pocket to burn to do that. Within the turmoil, pain, and suffering of Sandra’s experience came a quiet, humble, and self-knowing voice. This represented the voice of vulnerability when Sandra allowed herself to face the pain of her experiences. This voice came out when she explains the loss of identity constructed around the relationship she had with her partner. Loss placed Sandra in a raw and humble position where she now had to examine herself in a new way. And yeah being I think that’s a fair word being stripped of that really. I just feel like I lost myself in that identity. And so, when I came out of it, I had no idea where to look for the way I was or who I used to be. The voice of vulnerability was heard not only when Sandra describes her loss of identity but also when the experience of litigation abuse forced her to rely on others for support. Sandra shared that without support from her friends and the lawyer, she would not have been successful BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 69 through the legal system. She used this support network as a roadmap to navigate the blockages, twists, and turns of litigation abuse. And so, I think if I had been left to my own devices I probably would have floundered in the litigation experience, and I would have, and very appropriately so, been exceptionally emotional and unable to represent myself in a professional manner. The voice of vulnerability was heard as an undertone in Sandra’s story, but came out particularly when she described her relationship with herself. She expanded on this dynamic unfolding and a turning toward who she was. This allowed her to overcome internal barriers that were keeping her from healing and wholeness. She described being able to do this while travelling South America. I had for a long time been planning this trip around the world and spent the first four months of litigation travelling South America. And that’s when I finally like got into the relationship with myself and like took time to journal ... I was like I was solo travelling so ... spent a bunch of time with myself on these long super windy hiking trails, where I really just forced myself to like face my shit … to ... but face things inside of me that I had built or unbuilt and address them. It was evident throughout Sandra’s story that the voices were overlapping and in constant communication with each other. When examining the voices present within litigation abuse, we found a confusing, changing, contradicting sense of self representing the chaos associated with litigation abuse. This woman was fighting not only her ex-partner and the complexities of the legal system, but also the voices within herself. The narrative ended in hearing how Sandra’s shifting voices over time unlocked a greater knowing of the world and self. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 70 Sandra’s Metaphor & I-poem It's like this image of boots kind of being dragged like someone really dragging their feet through the system to make it painful for another person with a lot of intention behind those dragging boots like really dragging their feet to create more problems for the other person or the other party I guess Figure 1. Sandra’s Who am I Poem Illustration. Artwork done by Marissa Sawatzky I had lost my shine I didn’t glow I couldn’t escape I was afraid I was going to be dragged I was in such despair I was feeling so demoralized I was a fool I feel like I lost myself I need to get out I need to get away I’m a very independent person I totally needed to be helped I expanded I really just forced myself to face my shit I had built I don’t have to be in court I have a legal representative I had some really wonderful friends I am out! That was a relief BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 71 Lisa’s Story Lisa was a 36-year-old woman who connected with me over Zoom. She heard about the thesis project through her counsellor. Lisa’s journey began in Ukraine where she was born and grew up witnessing her stepfathers drinking and abuse towards her mother. Throughout our interview, Lisa referenced Ukraine as a place where she had to hide herself within her own abusive marriage, unable to step out and attain healing. She described that moving to Canada helped in the process of stepping out of abuse as she was now in a supportive environment and culture. A prominent theme within Lisa’s story was her Christian faith and trust in the love and grace of God. Her faith was an anchor that reminded her of her value during the abusive marriage and upon entering the legal system. The abusive tactics used my Lisa’s ex-husband was his attempt to gain full custody of their son by lying in affidavits. His lies in the paperwork stated that it was dangerous for their son to stay in his wife’s custody. Fortunately, Lisa shared that the judge saw through these lies and did not grant her ex-husband full custody. I was shocked at hearing these lies made up about Lisa because in meeting her I was drawn to her soft and sensitive soul. She approached our conversation authentically and as we dialogued, I could hear kindness through her friendly and soft tone of voice. Litigation abuse was further experienced as her husband attempted to alienate her son from her. In addition, Lisa shared that the lawyer of her ex-husband would send abusive and threatening emails to her. The most negative impact of abuse was how her ex-husband emotionally abused her through lies. These lies impacted who she thought she was and left her feeling weak and powerless. She described her physical defenders as her lawyer who protected her and friends who spoke truth into her life. As a strong Christian, her spiritual defender and protector of her BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 72 heart was God. Lisa’s knowledge of abuse grew as she began counselling. Coming into this awareness was extremely painful for Lisa as she began to face the horrible injustices that she had experienced. She was now on a path to recovery where she was learning who she was outside of the abusive relationship while trusting in God for continued strength in the process. The voices within Lisa’s story were of the unknown, unworthiness, awareness, connection, and recovery. The first voice that emanated through Lisa’s story was the voice of the unknown. This voice represented her innocent and naïve understanding of abuse and litigation abuse. From the beginning of her story we encounter a woman who simply didn’t know she was in an abusive relationship. In addition, she took the blame for the abuse and we saw a tender soul taking on this weight and burden because that is what her ex-husband told her to do. Lisa shared, “It took me some time to understand what abuse means and actually it was probably even harder to accept, to like believe it because I am used to seeing myself as the wrong one.” We heard the voice of the unknown underpin Lisa’s description of her experience of litigation abuse. Lisa consistently told me that she didn’t know abuse existed in the legal system. Once leaving her husband, she believed she was free of the abuse but was quickly met with the realization that he still had the ability to abuse her from a distance. When I thought that I escaped and then finally got out of this abusive relationship that, um ... when our conversations were prohibited with my ex, it was only by email or text. So, I thought it’s going to stop. But actually, he managed somehow, like, to make his lawyer send such like putting down emails and I didn’t even know if his lawyer was checking them, you know, they were so bad that it just kept going. Throughout our conversation, Lisa often made statements such as “I didn’t know” or “I couldn’t see.” It appeared that experiencing litigation abuse from Lisa’s perspective was difficult BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 73 because of her lack or understanding of abuse and the legal system. The voice of the unknown was prominent through these statements and can be heard through the I poem taken from segments of the transcript below. I didn’t know what it meant I didn’t even know I was in an abusive relationship I couldn’t fully realize I couldn’t see everything I didn’t know what exactly was going on I didn’t realize what was going on, but I think I was shutting down I never expected that it could just snowball on the legal end An aspect within Lisa’s story which related to the voice of the unknown was her history of abuse in childhood. Lisa shared that she did not grow up with her biological father and she witnessed her stepfather drink and abuse her mom. She never wanted abuse within her own family but recently realized through counselling that individuals are often drawn to what they grew up with. Lisa got married to her ex-husband at the young age of 18. She never expected that her own marriage would be abusive and shared that the continued abuse helped open her eyes to see it. She was in the abusive relationship for 16 years and over time the emotional abuse got worse. We saw the voice of the unknown appear because her childhood abuse blinded her to the realities of abuse within her marriage. I don’t know if I can say that it started as ignorance or like I think I tried to speak up for myself, but then not being heard … it’s also related to the abuse that occurred in my childhood … you know so all of this affected me, and I was like clearly realizing that it was something I never wanted to have in my family … but for me it ended up being BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 74 worse in terms of emotional abuse, but I didn’t know. The voice of the unknown was also used in Lisa’s story as protection. Her naivety towards the abuse allowed her to endure it longer. She shared that she was thankful for not fully knowing what was happening: “On one side I'm very grateful that I couldn't realize it like for such a big number of years. Otherwise, I don’t think I would have been able to make it through.” The second voice we heard in Lisa’s narrative was unworthiness. Stemming from childhood, the narrative exposed a young girl from Ukraine who took the blame for the abuse that happened to her. This voice was young and innocent like a hurt child. She saw herself as wrong and experienced isolating in feeling that she was the problem. I’m used to seeing myself as the wrong one. Or like guilty in all this and just on my own, but because it was like all so long term you stop believing in yourself and I still face this challenge about how I am today. The voice of unworthiness was also heard in Lisa’s relationships with friends. It appeared that after suffering years of abuse, Lisa struggled with feelings of unworthiness. We heard this as it was difficult for Lisa to see value within herself and would often doubt compliments given to her by others: Whenever my friends would thank me for something, I didn’t consider that I’ve done anything or even at work. You know, it was hard for me to take any kind of complement like somebody has credited, you know, because I felt like I’m not worthy. Both the voice of the unknown and unworthiness played a large role in how Lisa held herself within the courts. We saw the legal system as this immeasurably intimidating force. Lisa’s weakness in navigating this system is related to not knowing and not feeling worthy enough to stand up for herself. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 75 At that time, I remember how I think I was struggling not to accept it, you know, because I'm used to seeing how he sees me. Not to accept what these lies towards me... and I was scared, like going to court. Like, not knowing like how to reply or what to say. Fortunately for Lisa, she had a lawyer who she described as a physical defender during the trial. She gave us a sense that she was very emotional and lost during the court process and was grateful to have a lawyer who could intervene on her behalf. She gave us the image that her lawyer served as a wall, protecting her from bullets shot from both her ex-husband and his lawyer. This was especially needed in helping Lisa to survive the ongoing abuse. I feel I'm helpless and can’t help it. Yeah. So, I was really grateful like having a lawyer like through court and that at least like even though it was already hard for me to stick up and bring things up to him. I couldn't even word everything what was going on, but even through having this defense I feel a bit calmer, even though it was so hard. The third voice which emerged strongly through the narrative was the voice of awareness. Contrary to the two previous voices, we encounter a woman who was wise, strong, and aware of abuse within her relationship and within the system. From this voice we heard how Lisa turned towards herself and began the journey of growth out of the abuse. This voice was older and transpired through being stripped of security and safety. It was a voice that rose through the ashes of pain and suffering in abuse and grew stronger and wiser. This voice was heard as trustworthy, one that could be leaned on, and was the first eminence of hope found in Lisa’s story. I feel like I’m just learning um myself after I left. I feel like it wasn't even me you know because of all the definitions that were put on me. I'm still recovering, but I can see huge progress and, um again, as I said earlier, like, I just want to trust that there is greater BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 76 reason for everything, and now just realizing. I am understanding other people more, which I couldn't understand before why women leave. The voice of awareness is heard as Lisa slowly begins to learn what abuse is and that it happened to her. She began to realize she was being abused through the legal system by learning from other people. Lisa shared that counselling and participating in this thesis project has allowed her to understand more. I think it’s just that knowledge that I started to get from my counselling right before leaving my abusive relationship because I didn't know what it is. So, I think it started then. Because if you don't know anything. You are not aware of it. Um, and I think like it's even right now realizing it more because of you bringing this term out. The voice of awareness also connected Lisa to others who had experienced similar situations. This voice was heard in the narrative as this internal knowing of human suffering and pain. Her understanding of other people grew, as well as her ability to sit with deeply meaningful realizations about humankind. She made large generalizations connecting her to a deeper knowing. For example, she shared, “I just realized that everybody is heartbroken and everybody's hiding something. We do want to be honest, but then our past doesn't let us to be ourselves and like our past triggers’ us.” The fourth voice we heard within Lisa’s narrative was the voice of connection. This was heard through Lisa’s relationships with friends, church community, and counsellor. She shared that she would not be able to survive litigation abuse on her own. Her friends helped her in multiple ways such as driving to appointments, finding a new car, and helping pay for it. They served as physical, emotional, and spiritual supports. The friends that walked alongside Lisa gave her the strength to continue forward by reminding her of her value and worth, leading to a BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 77 stronger self. Lisa shared that when going to court, she was supported by many friends and her counsellor which substantially helped through the otherwise stressful process. I remember that, like, 14 friends went with me to court last year in November and, like, having counseling appointment right before, like... night before getting there, just helping me. Umm representatives of God's peace, power, and protection you know. The last voice within Lisa’s narrative was the voice of recovery. Having volunteered with individuals who struggle with substance abuse, Lisa began to see similarities in their healing process and her own. The voice of recovery symbolized Lisa’s ability to step out of the abusive relationship and begin to accept the abuse that happened to her. In addition, it demonstrated her growth and acceptance of herself. After leaving the relationship, Lisa’s recovery process enabled her to fight against the negative lies and titles he had placed on her for so long. This led to a very long and taxing experience of rediscovering who she was. Yeah, I feel like I just learning umm myself after I left. I feel like it wasn't even me you know because of all the definitions that were put on me. I'm still recovering but I can see huge progress. Unique to Lisa’s story was her move to Canada from Ukraine. She shared that the culture in Ukraine kept her silent within the abuse, and it wasn’t until moving to Canada that she was able to speak up for herself. The physical use of her voice within relationship represented her healing journey and the voice of recovery: “It did take quite some time for me to speak up, because I was silenced. But like after I immigrated to Canada 10 years ago, I changed and like I started speaking up slowly.” Lisa’s voice of recovery also shone through her connection and relationship with God. Throughout the narrative she acknowledged God as a stronghold, healer, and protector as she BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 78 went through abuse and the court process. Her faith gave her hope for the future and helped redefine the way she thought about herself. He is a way maker, you know, like for me a lot of time it was confirming that, again, it's not so our strength it’s through His strength. We don’t have the full strength to recover. You know, He's making a way. He's helping us. He's a redeemer, restorer, healer. Like all these things, for us to believe, and He will be there, and He will get us through this. Lisa’s Metaphor I will not be shaken. Yes, sometimes it feels like everything is falling apart. But I will not be shaken and I recently found a quote … It's like based on God's scripture … God heals every shattered heart. Figure 2 Lisa’s Faith Metaphor Illustration. Artwork by Marissa Sawatzky BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 79 Summer’s Story The interview with Summer was unique because it was conducted over the phone due to her not feeling comfortable with Zoom. Summer was 51 years old at the time of the interview. Upon hearing her voice, I could sense her strength through her strong and confident tone. The way in which she held herself through the conversation demonstrated resilience and I felt drawn to and comforted by that strength. The story of Summer is one of a woman who has a remarkable well of inner resources, despite overwhelming barriers and contradicting voices. Her strength is heard in her resistance to accept the titles put on her from years of abuse, and those put on her within the court process. Summer’s narrative begins with her explaining that she had been living in a very toxic relationship for over 24 years, with three children involved, one of them having high functioning autism. After years of abuse, Summer couldn’t take it anymore and took a baseball bat to her exhusband’s vehicle. Her introduction to the legal system followed this incident where the police put a restraining order on her, and she wasn’t allowed to go home for three months. Summer explained that this situation backfired on her as she was two weeks away from going to court, leaving her husband, and taking her children with her. Summer went to court against her exhusband but found the experience to be one that forced her to be muted in the process. Her story lacks sadness and insecurity because there appeared to be no room for it in the world of litigation. She entered the court room composed and powerful imagining herself as a lawyer. Forced into survival mode she strategized throughout the court process and eventually won most of her cases. With a little more room to breathe, Summer is out of the abuse and has custody of her autistic son. It has not been an easy journey but through perseverance we see a woman who has BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 80 survived litigation abuse and is now on the other side of it. The voices heard within Summer’s narrative are oppression, autonomy, expectancy, disbelief, and strategy. The first voice within Summer’s narrative was the voice of oppression. This voice was heard through the silencing and powerlessness she experienced within her relationship with her ex-partner and the legal system. Throughout her story we heard how she was abused through the system to the point where she felt all her power and sense of self was stripped away from her. She defines litigation abuse as people including courts, police, and those in higher positions of power taking advantage of those with no knowledge or background in law. She set the framework for our discussion with the image that she was put lower or treated as less than because of her lack of resources to navigate an abusive relationship and the legal system in her favour. The episode in which she couldn’t be crushed under the weight of an abusive man and physically reacted to it through violence, demonstrated a woman who was protecting herself and reacting from years of abuse. Instead of being understood and protected, she was forced into a system that made no accommodations for the abuse suffered. As a result, she felt abused by the system as it allowed her ex-partner to continue to abuse her further leaving her powerlessness. I’ve lost all control. There’s no power. I have no power at all anymore … The system really sucks to be honest with you, it’s the way it is. I mean, here I am. I’ve got records of abuse from counsellors, endless amounts of you know legal information and yet it didn’t matter. Didn’t matter, when one night of flipping out just turned everything upside down. We heard the voice of oppression as Summer expanded on her experience of the court process: “I was interrogated for three hours up on the stand and it was brutal.” She additionally shared that after the incident where she took a baseball bat to her ex-partners vehicle, she was put BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 81 in a cell and treated like a criminal. While in the cell, the officers refused to give her anything for her period and she bled all over the floor. In addition, the officers would walk past kicking her door at night ensuring she was awake. In the morning she was tossed a frozen waffle on a small cardboard plate. This was Summer’s first interaction with the legal system. The voice of oppression was so prevalent in her story through the officers' use of power against her. In Summer’s case, it was sickening that a system presumed to protect victims inflicted deeper sufferings. Unfortunately, the system was unable to understand Summer or her previous actions in defending herself against her ex-partner’s abuse. The voice of oppression is also heard amongst relationships with Summer’s lawyers. When asked how she saw the world before experiencing litigation abuse, Summer shared that she was naïve to the world of litigation and didn’t feel like her lawyer was on her side. I had no idea really. I've never really experienced the law … and all of that procedure so ... I didn’t really know what I was getting into. It was challenging because my lawyer wasn't … I didn't feel like he was on my side. You know, he would say things like I wish you had done this a long time ago, how could you wait so long, why would you, you know, endure all that abuse, and your children … and he made me feel really low like … like garbage. The voice of oppression was heard in Summer’s discussion of how justice had not been served for the abuse she had endured. She shared that she didn’t feel justice was served properly and that her ex did not get what he deserved. She believed a huge reason for this was the judge’s inability to fully read a case and make an informed decision based on the history of their relationship. In the court, like with the judge, you know I feel that they need, you know, more of a BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 82 background history. I don't think, I don't really think that they have the time to really read the case itself. I felt that way. Um you know, because I believe had that been studied longer or more ... um they would have realized. It didn't seem fair ... it was like it just. I don't think they had enough pieces to the puzzle. We heard the voice of oppression in how the system silenced Summer from sharing the truth. She gives us this picture of a woman trapped and exposed on the stand. In this, she is not allowed to speak or show any form of emotion in fear that it would be used against her during trial. She couldn’t show sadness for the loss of her children, shame for her destructive actions, or anger towards her ex-partner and the abuse suffered. She was triggered but could not react or move, staying completely still and powerless. When you're being interrogated, you can't say anything, like you have to answer ... you have to answer the questions yes or no basically. You can't elaborate. They don't give you an opportunity to elaborate. It's up to the lawyer to elaborate and um that part it's in itself like ... I felt ... I felt like I was being silenced absolutely. I couldn't say, I couldn't elaborate on my answers to give her a clear picture of what I was trying to describe. I could just say yes and no. In addition to the abuse suffered from the system, Summer’s ex used custody of the children against her. She shared that his use of litigation abuse was centered on parental alienation. She didn’t feel that justice was served in a way that would hold her husband accountable for his abusive actions. I don't feel that my husband uh got what he deserves ... he's got this character about him that thinks he's won he's ... he's got my babies and he knows it, he never cared about them ever before and all he's doing is buying them right now because he's got all this money BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 83 um so yeah, it feels like it was ... it was ... it turned out wrong. The second voice which arose as a defense against the voice of oppression as the voice of autonomy. The voice of autonomy was a voice of resilience, power, and strength when Summer faced adversity. She did not elaborate on how she obtained this resilience, but it allowed her to face both her ex-partner who worked against her interests, and a system that did not allow her freedom to explain her circumstances, character and concerns. In addition, this resilience allowed her to maintain a sense of self. We heard this voice arise in many circumstances throughout the narrative such as Summer’s ability to enter a courtroom, never having experienced this prior, and she had the foresight to tap into a powerful part of herself, imagining herself as the lawyer. I took on a different role. I told myself that, it's kind of strange but it worked for me, I was a lawyer in my mind so when I went in there, I went in there powerful. And yeah, I ... I had to ... I had to be strong because otherwise I would have been eaten alive. The voice of autonomy afforded her the wisdom to take time with questions, respond clearly, and manage her emotions in the court room. She shares “I just thought, no, you know what, I’m going to walk in there and I’m going to stand tall and graceful.” Her ability to enact this strong and composed part enabled her to win most of her cases. The voice of autonomy is also heard in her experience of being put in jail overnight following the episode where she took as baseball bat to her ex-partner’s vehicle. When she was in jail, Summer found the strength within that allowed her to identify with her cell number being 1. There was a number on my cell, and it said number 1. And I kept telling myself, you know what? you're number 1, your’re number 1, you can get through this ... you've been through worse it's going to be okay. Find some strength to be strong. The voice of autonomy was heard through her inner resources to prove to others and BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 84 herself that she could get through the abuse. Throughout her experiences she had this strength and this drive to persevere: “I’ve proved to myself that I’m strong enough that I can come out of something really crappy and turn out good.” In addition, it sounds like this strength is vital for her healing journey and moving forward in life. Through the voice of autonomy, we heard a similar voice emerge which is the voice of expectancy. This voice came from a place of power and resources. Throughout Summers narrative we heard her shock and disbelief at how terribly she was treated by the legal system. In this shock, we heard this sense of empowerment mixed with an expectancy. It sounded like she expected justice and protection within the system and was met with disbelief at the abuse she received instead. The voice of expectancy was soft and hidden underneath the voice of autonomy. We heard it when she recounted her experience being held overnight in a cell, “I never thought I would ever ever ever be in a situation like that.” The fourth voice breaking through the narrative is the voice of disbelief. Often overlapping with the voice of expectancy, the voice of disbelief gives us a picture of how blindsiding entering litigation can be. Summer often shared she was blindsided because she had no prior knowledge of the system and was easily taken advantage of as a result. This voice was heard in the excruciating painful reality of experiencing abuse at the hands of the system, in a country such as Canada, where she had not imagined such abuse to occur. In describing her expartner representing himself in court, there was a sense of disbelief regarding the judges’ compassion towards him. It almost seemed like the judge had compassion for him. He's ... he's a master manipulator and so very much like a narcissist and has a way of making people, you know, feel sorry for him and that's what I gathered, and I thought what is going on here? BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 85 Like this is ridiculous. There was a sense of questioning the judge and an uncertainty around her ability to see the truth in the situation. This left Summer feeling a sense of disbelief and a lack of trust in the system. She additionally shared that the judge did not have a background in family law which she felt led to further confusion. For example, Summer won 75% of her cases and as a result should not have paid the court costs for the trial, but instead the judge gave the money to her expartner. She expands: “I’m not really sure what happened there and again we can’t get the information like that’s it ... it’s done now, it’s over right, so I’m left going ... wait a minute this doesn’t make any sense.” The fifth and final voice found within Summer’s story is the voice of strategy. This voice was another representation of resilience in her ability to strategize, calculate, reason, and remain factual within litigation abuse. Although Summer endured extensive abuse, she won most of her cases because of her ability to strategize. For example, she took on a different role than a victim within the court proceedings and presented herself as strong and graceful, taking on the role of a lawyer. She shared that through court proceedings she would remain calm and when she felt activated or triggered would ground herself by taking a drink of water. The voice of strategy was also heard through Summer’s connection to friends and the church community. This connection helped her stay strong and reminded her of who she was. I’ve definitely had very good friends, that's for darn sure. You know, lifelong friends, I’ve had ... and that's where I got a lot of support from too because they knew my journey, they knew what I've been through, and just kept saying this isn't you. That you know, come on get out of this girl. She also shared her connection to an outreach worker who walked alongside her during BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 86 litigation. She describes this outreach worker as a secretary providing support through having a background in law, help with researching how to go through the court process, and a physical presence in the courtroom, taking notes during the proceedings. It was evident throughout her journey she needed to strategize to survive. Although Summer didn’t share where this ability came from, she does talk about her internal strength that was found in this devastating experience – strength that she was able to hold on to. Summer’s Metaphor It’s a dark journey with no light at the end of the tunnel. It’s like you got to walk this dark path. And ... and have hope that things are going to be okay on the other side you know, but it's like the fear of the unknown because you don’t know. Figure 3 Summer’s Dark Path Metaphor Illustration. Artwork by Marissa Sawatzky BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 87 Tiana’s Story Tiana was a 40-year-old woman whom I met over Zoom. I felt drawn towards her placid and soft-spoken demeanor. Tiana’s story exemplifies that of a woman who has been oppressed and marginalized through litigation abuse. Fighting for her daughter, Tiana has been involved in ongoing court proceedings for the past 11 years. Although she presented herself as calm, I had a sense that her low energy came from years of defending herself, which has left her feeling defeated and weary. Carelessly thrown around by many professionals within the legal system, Tiana has learned to survive alone through litigation abuse. She shared that the experience of litigation abuse was worse than the abuse suffered from her ex-partner. This is due to having her entire personal life exposed in the court room to an audience of unloving onlookers. She lost friends and supports along the way as no one understood or believed her side of the story. From counsellors to legal professionals, help was not found as she was often met with skepticism and doubt. Her relationship with herself started to crumble as rumors and accusations caused her to be no stranger to shame. Tiana said litigation abuse was like falling into a black hole, trying to climb out and not getting anywhere. Through the darkness there were rays of hope and resilience as she redefined who she was and looked towards a brighter future of never going to court again. There are five voices within Tiana’s story including defeat, isolation, distress, disbelief, and selfassurance. The first voice which arose through Tiana’s narrative was the voice of defeat. This voice was first made known to me through her low tone and lack of energy within her body. It was evident that Tiana had been fighting a battle for a long time and was tired. When asked to give her own definition of litigation abuse, Tiana personalizes the experience: I understand it because it’s been happening for many years ... the lawyers I have um they BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 88 were, they knew about this, type of abuse. They could see it, they could, pick it out like you wouldn't believe. Then sitting in the courtroom, year after year after year, with them telling me that this is, the new thing that these guys have figured out. The voice of defeat continued throughout the narrative as we heard Tiana fight to hold on to the good within her, while being attacked through the courts. She shared that litigation abuse took her down a bad path where she had to fight the constant labels put on her by other people. She shared that she was looked down upon and now her trust in authorities including police and the ministry is very low. A prominent theme within Tiana’s narrative was her lack of support which coincides greatly with the voice of defeat. She shared that all her relationships including those with her daughter, friends, and herself were negative. She was constantly fighting to preserve a part of herself that she knew was worthy and good, but we heard defeat as she was met with opposing forces around her. The voices in the form of rumors around her from other people negatively impacted her personal life. She shares that she was constantly fighting these rumors and we saw a glimmer of resilience as there were times when she did not accept the titles applied to her. With the internal struggle, there was also an external struggle, as she could not see any progress on her case for a long time. She shares that at times nothing came out of going to court. I got a court date and lawyers are fired up and whatnot. Okay, and then walk in there and nothing. Nothing comes from it. Nothing comes out with it. Like it just. You just sweep it under the rug. There's... yeah, there's absolutely nothing. And then the other ... the police and the ministry and whatnot. It was whatever was said was written in stone. Like, it was, for years it was a battle of my sanity. To keep my sanity. Not only was Tiana fighting against her ex-partner, but she also experienced abuse at the BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 89 hands of the legal system. She admitted her wrongdoing, through sharing that there were times that she did “crazy stupid stuff” but does not believe she was treated humanely by professionals. She shared that keeping her sanity included fighting against the labels judges and the ministry would put on her. At times, it was easier to concede and degrade herself to be someone she knows she’s not. She felt trapped in the system particularly with the ministry as she faced a malicious social worker. She shared that the abuse suffered was horrendous and it took years to fight the files that were written about her. Instead of gaining support and help within the system, Tiana was met with a merciless system that was blind to the underlying issues including the abuse she suffered from her ex-partner and the actions she took to stop it. Although she did “crazy stupid stuff” we could see that these are common responses of a woman who had been isolated and abused by multiple people and systems. The following I poem demonstrates the voice of defeat after Tiana had faced years of abuse: I’ve been in the legal battle for so long I was looked down upon I did some crazy stupid stuff I wasn’t perfect in it I totally own up to my reactions I was done going to court I sadly I gave up The second voice which appeared through Tiana’s narrative is the voice of isolation. Often overlapping with defeat, we heard this voice in the pain of having to defend herself against authorities. She felt she was constantly fighting against authorities in having to prove herself BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 90 repeatedly to the judge. It was also heard through Tiana’s experience of losing friendships and family relationships due to litigation abuse. We also heard the voice of isolation through Tiana having to expose shameful aspects of herself and her past in court. Tiana shared that litigation abuse is 100 times worse than intimate partner violence because of the exposure. I want to say litigation abuse is 100 times worse ... you know ... when it was just regular abuse then, it was kept in between. And now. I've always attributed that to me just being a private person in general. But there were times, you know, there were many times that there's a court room full of people and they're hearing all this crap ... that ... that was hard. That was really hard. Tiana also shared that she willingly isolated herself from her family including her parents because she wanted to protect them. She remained silent and alone in this process believing that sharing about what was happening in her world would burden others. She felt a lack of support from counsellors because of their naïve understanding of litigation abuse. She shared in her relationships with male friends she was put in a box as a woman rather than a person, not understood or accepted for her experiences. The third voice within Tiana’s narrative was the voice of distress. This voice represents the aftermath of being exposed to abuse and the disorientating experience of picking up the pieces of one’s heart as a result. Throughout Tiana’s narrative there was constant confusion and pain. The voice of distress is prominent when she struggles to accept that her daughter has been taken away. This was an extremely devastating experience in which she plummeted into feelings of despair, particularly around her role as a mother. She shared that her ex-partner used horrible tactics against her for the purpose of alienating her from their child. His abuse worsened to the point where Tiana needed to decide to be a mother or to protect herself. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 91 It was so bad. My lawyer was just disgusted with what his big plan was and I ... she put it to me bluntly, either you have a daughter, or you don't. And I made a choice. And ... yeah, I was ... That was the worst choice. No, the worst choice a mom has to make but it was the best choice at the time for me. Here Tiana gave us a glimpse into conflicting voices within herself. We heard the voice of distress come through the narrative as she faced the daunting reality of losing her child. However, another voice of self-assurance was heard as she realized what was needed to preserve and protect herself from the abuse. It was appalling and devastating for us as researchers to see evidence that a system built to protect and provide justice and security to women can be used to rip children away from women. The voice of distress continued to be heard through the violence committed towards Tiana by her ex-partner. We heard this voice through Tiana describing the PTSD she faced knowing that her ex-partner is in a legal battle with a new woman and has two children involved. Tiana was sickened by the knowledge that he continues to abuse others, and hearing this caused her to re-live the abuse. When asked to reflect on safety, Tiana shared, “There is no safety. There’s ... just because you’re in a court room with all the security they got and what not ... there is absolutely no security. The minute you walk out of those doors, he will come at you.” The fourth voice arising from Tiana’s story was the voice of disbelief. The voice of disbelief permeates Tiana’s story as we heard threads of chaos, uncertainty, confusion, and disillusionment. We first heard the voice of disbelief in the disorientation around describing litigation abuse. Tiana expands by stating that both she and lawyers have seen many women and men experience this type of abuse in the system, but no action or change has occurred to help victims. This voice is also heard in the disgusting reality that abusive individuals can manipulate BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 92 the system because they have the power, control, and resources. Tiana shared an incident where her lawyer told the judge upfront what was happening, and nothing was done to stop the abuse or protect Tiana. We heard the voice of disbelief often overlapping with the other voices discussed previously. For example, with having her child taken away and hearing the pain within the voice of distress there are aspects of disbelief and feelings of chaos as Tiana herself is confused in the process. We also heard chaos in the lack of safety Tiana experiences. She shared that she felt watched by her ex-partner and that he would follow and stalk her after court cases. In addition, she did not feel safe at home even having gates and locks. This gave us a sense that Tiana constantly lived in a hyper aroused state causing feelings of chaos. She also shared about a significant event involving the police and her ex-partner that accompanied the voice of disbelief: It was the police that were hunting him down. They were bending over backwards, driving me up to where my kid supposedly was. But then he took off with her and, yeah, it was like I was living in some other world. The fifth voice within Tiana’s narrative was the voice of self-assurance. The voice of self-assurance was a voice of freedom in which Tiana persevered through abuse. Within Tiana’s narrative she comes across as defeated but we also heard a small voice holding onto who she truly is underneath it all. Although there are constant rumors and lies floating around her, there was a sense of self knowing. This part of herself has carried her through the difficult seasons and continues to help her move forward. Her resilience was heard in not believing the labels put on her by her ex-partner and the legal system. The voice of self-assurance was heard in her decision to give up custody of her daughter. Although this was an excruciatingly painful experience, she knows deep down that it was the best decision for her at that time. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 93 When asked to expand on how she saw herself prior to experiencing litigation abuse, she shared that she was a trusting and happy-go-lucky person. Now having experienced litigation abuse she has chosen to hold on to that part of herself. Tiana’s self-assurance was heard in getting her confidence back and now being strong enough to be a rock and support for her daughter. Hope began to arise in Tiana’s story particularly when she felt professionals including the judges understood her side of the story and could see the abuse that had happened to her. After endless court battles, a shift happened in her cases, and suddenly she began to see positive action within the court. After this, Tiana felt more self-assured and had the ability to look at a judge with more confidence. The voice of self-assurance seemed like a glimmer of hope as Tiana moves towards a brighter future. She hopes never to have to go back to court again and knows that if she does, things will be different. Tiana’s Metaphor “Walking into hell. Never get out. Falling in a black hole ... trying to climb out ... not getting anywhere.” Figure 4 Tiana’s Black Hole Metaphor Illustration. Artwork by Marissa Sawatzky BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 94 Melissa’s Story I met Melissa as a counselling intern working with an agency which supports women through domestic violence and abuse. I had the opportunity to get to know Melissa and hear her story both outside and inside the interview process. Melissa’s story is of a woman who walked into an abusive relationship unknowingly and was met with further abuse upon entering the legal system. Her ex-husband relentlessly exercised power and control over her to the point where it left her depleted of herself. She was left feeling hopeless, powerless, choiceless, trapped, stuck, confused even before entering the legal system. Being from the United States, Melissa moved to Canada to pursue a relationship with her ex-husband and after they were married was blindsided by his sudden switch in abusive behaviour. She believes he conned her into marrying him and trapped her in the marriage. Isolated and alone, with no resources or support, Melissa attempted to survive within the abusive marriage. In leaving the marriage and entering litigation, she was constantly met with challenges particularly around her inability to afford an experienced lawyer. She relied on legal aid for support but found the lawyer provided seemed not to care for her case and was inexperienced. Due to the difficulties with the inexperienced lawyer, Melissa lost custody of her two older children, but she keeps full custody of her youngest. She was left fighting for her children, grasping for help but unable to receive it. She held onto aspects of resilience through her faith, counselling, close friends, and far away family. But her story was underpinned with isolation and fear. Melissa said litigation abuse is like a leech, that sucks your blood and the life out of you. There were six voices heard within Melissa’s story which include hopelessness, silence, oppression, hope, rationality, and agency. One of the most prevalent voices which emerged through Melissa’s story was the voice BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 95 of hopelessness. The voice of hopelessness represents a loss of trust in the legal system and a sense of losing oneself because of abuse. Melissa shares that litigation abuse forced her to be in constant survival mode where she did not have time to focus or take care of herself. Melissa suffered throughout the court process because it seemed that although she worked hard, she always lost to the more powerful and all-encompassing oppression of her ex-husband. We hear the voice of hopelessness arise through Melissa’s definition of litigation abuse: It's when somebody uses the legal system, whether it be judge's, or whether it be the court, any aspect or any portion of that, to try and scare the victim, like myself, for example, or any other person who, you know, frighten them so that it suppresses them and they think that there's no hope, that they're not going to get any help, and that they're ... the perpetrator like the ... the bad guy or the other person is always going to have the upper hand. Melissa continues to share how the legal system was a perfect environment to put power into her perpetrator’s hands in order to “fear the victim and to maintain control.” We additionally heard the voice of hopelessness because Melissa was alone and did not have the resources or support to reach out for help. As an immigrant, she did not have family or close friends and shared that she entered her ex-husbands world where he had all the control, resources, and connections. She knew safety houses and the police existed but was afraid to use these resources. But I just didn't know what to do, like, I knew safety houses existed. I knew that the police existed, but when you're beaten down so hard and so much and when people ... when people ... when you're ... when people put the fear in you. You don't do ... and like you don't ... you don't poke the bear you don't ... um and I didn't know where else to go. I didn't have family here, where was I going to go. I felt stuck, hopeless. I did. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 96 In entering his world, Melissa believes she was conned and we a got a sense throughout her story that she naively walked into an abusive relationship. Hoping for love, she was met with a horrific reality that her husband was abusive, controlling, and manipulative. We particularly heard this sense of being blindsided within the narrative, leading to an ultimate hopelessness. It was all just a lie. Like it was, he just did it to get me here because he knew full well that once he got me here, I didn’t know anybody. Like I had no choice but to be his puppet, to be his, his dog. Melissa shared that her world significantly changed during litigation abuse stating: “I saw the world like explode ... that was the bottom of the bottom.” Melissa was thrown into a system ill-equipped where she had to concede to her ex-husband’s demands. Through this, she lost her freedoms including her ability to travel and to see her family. She stated that litigation abuse “drains you and it takes everything including your soul in the blink of an eye.” Fighting for herself, Melissa gave the imagery of bombs going off, one by one, never stopping and her being quickly faced with a shocking reality that the world of litigation is not safe. The voice of hopelessness was additionally heard in the debilitating consequences of abuse. She explained that when she was at the bottom, she felt buried alive, that everything was taken from her, and that she was falling apart. Despite having faith in God and trying to find peace within suffering, Melissa shared that it was hard to continue and stay positive. The experience of litigation abuse is isolating, and she desperately needed support and unfortunately found none within the legal community. The second voice within Melissa’s narrative is in not having a voice, the voice of silence. Often overlapping with the voice of hopelessness we hear Melissa being silenced by both her exhusband and the court system. Broken and beaten down, she felt it was difficult to stand on her BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 97 own; she had limited supports and was forced to concede to his demands. She shared that the court process was silencing because she had to conform and watch her actions, preventing others from looking at her as crazy. She shared that this was unfair because while she had to watch everything she said, she felt her ex could do and say whatever he wanted. She sees the legal system as an avenue that supports the continued cycle of abuse: “The victim is further victimized, like it’s this big cycle, our legal system helps ... like helps the perpetrator continue, like supports them in that. That’s how I see it. Based on my experience it just supports them.” Through experiencing litigation abuse Melissa was forced to silence different parts of herself. When asked to reflect on the relationship with herself, she shares: “I don’t feel I paid attention to that, I didn’t even feel like I had one, like I don’t look at myself.” It sounded like due to the chaos happening around her and as she continued dodging bullets, Melissa wasn’t given the freedom to take care of herself. She was constantly triggered, but then not allowed to show any signs of being triggered in court because it would be used against her. She shared that the abuse never stopped, and she wasn’t given the freedom to have a relationship with herself, she was just trying to survive, and within that, she is forced to remain silent. The third voice within Melissa’s story was the voice of oppression. Like the voice of hopelessness and silence, the voice of oppression portrays Melissa’s lack of power and control within litigation abuse. She shared that it is “his world” and she had “no power in it”, while he uses fear to maintain control over her. She described this further as him “keeping her in a box” and “within arm’s reach.” In recounting his thoughts, she believed he is vindictive and malicious, giving us a sense of a predator stalking a prey: Even though you’re not with me I’m still going to have you. I’m still going to own you. I’m still going to tell you what to do, I’m still going to run your life, I control you, I still BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 98 will call the shots. Still from far away ... you don’t have to be with me, I still can do what I’m going to do, you are still under my thumb, you are still under my control. We again hear the voice of oppression in the lack of support from the Legal Services Society. Unfortunately, Melissa was given a lawyer she felt didn’t want her case, did not try, and caused her to lose custody of her children through poor legal advice. She felt he did not have time and when they went to court, he was nervous himself and failed to represent her strongly. This negatively impacted the court’s decision and any action moving forward. The fourth voice within Melissa’s narrative was the voice of hope. Amid the darkness and the pain, there are aspects of resilience within Melissa as she held on to the hope of finding freedom. Hope was seen in her connection with other people, and in finding validation within herself and from others. Melissa shared that she found support from a close friend and an attorney who was able to validate and give her advice moving forward. To have someone from the legal profession listen and validate Melissa’s experience was uplifting: He gave me some just some hope. Some light to say, you know like it’s going to be hard, it’s not easy, obviously it’s been hard from the beginning, but there will be a day that somebody will pay attention to the messages, that somebody will listen. We also saw her ability to move forward, and that validation led to hope and freedom. She was able to breathe and instead of remaining in a constant state of fear, she found the ability to pause and collect herself. In addition, when elaborating on her personal strength in navigating the legal system, Melissa shared that her faith and a close friend helped support her through the abuse. The next voice within Melissa’s story is the voice of rationality and we hear this through her personal definition of litigation abuse. With this voice we heard her separate herself from the BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 99 experience as she gave a rounded and factual definition. Melissa uses the voice of rationality as an underlying tone through the interview. She gives the impression that distancing herself from the abuse protects her from fully experiencing it in an emotional and embodied way. She leans on the ability to be rational and strategize, to move forward in her case, but also transition towards healing. Melissa explains that the pain will always be there but the ability to think on it, instead of act or respond emotionally, has helped her to move forward. She shared that although the abuse has not stopped, she now has learned that being triggered can influence responses. We heard the voice of rationality as she described this experience for herself and her ability now to see this and work towards changing it: “You can’t think clearly in constant survival mode, you don’t know, you can’t, you can’t think like clear and logically and step by step because your mind is just constantly like turning.” The final voice within Melissa’s narrative is the voice of agency. The voice of agency represents a voice of choice. The ability to choose one’s own fate is opposite of what we had previously heard through the voice of oppression. The voice of agency is a voice of freedom which encourages Melissa to keep going. She shared that counselling and being able to focus and take care of herself was a turning point. She began to feel empowered, and that change was possible. Slowly when I started counselling and all that, then I was able to put the brakes on and say whoa. No. And with time slowly having the tools and resources and learning ... I had the tools and the foundations to know what to do ... to do ... where to put my feelings and emotions like how to get through it. Through Melissa’s story we see the power of connection and the agency it provides. She was eventually able to put up boundaries with her ex-husband and grow stronger against his BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 100 abuse. She now believes that he does not have full control over her life and has the courage to move forward in that truth. She finished the interview aiming to connect to other women and wanting to encourage them through litigation abuse. We heard her remind herself and others that freedom is possible, and goodness exists within: I think what's important for women to remember, is to find ... some type of hope ... something ... somewhere. And just ... to have ... to just keep fighting. I guess like as much as it's not right or wrong … to try and keep fighting like just look deep down and just keep like you know saying positive confirmations. Melissa’s Metaphor Litigation abuse is like a leech. Or the leeches that just suck your blood. They just suck the life out of you like that’s what it is. Yeah it’s like a leech, you need blood to survive, you need blood for your body for your heart to pump like your heart pumps in and out, the leech sucks it all out and you bleed to death. Figure 5 Melissa’s Leech Metaphor Illustration. Artwork by Marissa Sawatzky BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 101 Sophie’s Story Sophie was a 48-year-old woman whom I met online through the Zoom platform. The relationship I had with Sophie was unique as she was the only participant who I share mutual friends with. I had not met Sophie prior to the interview but have been in similar church settings with mutual friends. Sophie's story is that of an evolving woman. She was evolving because throughout her life she had constantly grown and adapted to chaotic environments around her. Sophie shared that she witnessed abuse as a child, and as an adult she unknowingly married an abusive man. Sophie is strong in her Christian faith which greatly defined her sense of self and view of the world. Her faith carried her through both the intimate partner violence and litigation abuse as her main source of resilience. When she was stripped of everything, physically and emotionally, she would lean on God and believed He carried her through the difficult seasons. Sophie was self-represented in the litigation experience which demonstrated her strong will and persevering character. She had a fight within her and would not concede to the demands of her ex-husband through litigation. Her motivation was her children. Going through the legal system was extremely difficult, balancing both her own emotions, shock and disbelief over what had happened in her marriage, a desire to do the right thing, all while spending sleepless nights studying caselaw to fight for her children in court. Her husband took her to court for years, every 3-4 months, and she reported that her life was filled with chaos. Sophie did not recognize her situation as abuse or even litigation abuse throughout the process but could resonate with the terminology after the fact. She shared that she struggled in parenting during litigation abuse and apologized to her children constantly because she felt the abuse was negatively impacting them as well. As a single mom her situation forced her into BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 102 vulnerability as she had very little money or ways to support herself and her children. Her exhusband was very controlling and used the legal system relentlessly to remain powerful over her. Relief came for Sophie upon connecting with the local police chief who believed her story and intervened on her behalf. She does not know fully how he intervened but was not contacted or brought back to court by her ex-husband after the police chief’s conversation with him. Sophie now presses forward believing in God’s grace and deliverance out of litigation abuse. Within Sophie’s narrative we heard five voices which include reflection, disillusionment, vulnerability, the fierce mamma, and empowerment. The first voice which arose through Sophie’s narrative was the voice of reflection. This voice represents Sophie’s ability to look back on her experiences of abuse and share them. At the time of the interview, Sophie had been free of litigation abuse for 5 years and took a stance of reflection. She began the interview by stating her personal definition of litigation abuse: “Technically it is the fact that I had an abusive husband, who after we split continued to take me to court every 3-4 months for years to maintain some form of control and contact.” The voice of reflection is an underlying current within the narrative, representing an older, experienced, and more knowledgeable self. For example, looking back on her experience, Sophie shares that she didn’t know she was being abused because her world was so chaotic. The abuse was a part of the noise around her as she tried to keep her head above water as a single parent. She later came to know her ex-husband’s abuse through the legal system by experiencing it and by hearing the term from a crisis worker. As she reflects, Sophie reveals a tension within experiencing abuse, stating there were parts of her that knew and parts that didn’t know. You feel like it through the whole thing. Here's the thing though you don't know, like you have nothing to compare it to. I don't have. I didn't have. Um, people who've gone BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 103 through divorce before, like to say, “going to court every three to four months is insane.” To me, it was just the process ... the first time I heard that word “litigation abuse” was from the crisis worker. Within her reflection above we heard loneliness in her experience. However, this loneliness was soothed by her faith as we hear the voice of reflection in her understanding of Christianity. Throughout the narrative, Sophie often reflects on finding her strength in God. She shares that God carried her through the experience of litigation abuse. Yeah, I think, by the grace of God I have no idea how I lived through that. Right, because sometimes you look back and it feels more like a, yeah, you can look reflect reflectively and go, man I cannot believe that I lived through that, like just the miracles. Like, seriously, miracle after miracle after miracle after miracle of that time. In my world. I don't know how people without God go through it. I don't know how they do it. God is her strength. But a painful reality sets in as Sophie begins to realize that common Christian beliefs don’t often make space for abuse in relationships. We hear within Sophie’s narrative a desire to do the right thing by God and by other people. But within this, is a conflict of what is right and how to be. Her sense of self was rocked as she learned that abuse occurs in Christian relationships, contrary to how Christians are supposed to love and live like Jesus. Sophie made statements such as, “I thought every Christian was good and loving and kind” and “I thought as a Christian we don’t call the police.” Her story was unique because we hear how abuse impacted the way she saw God, other people, and herself. Furthermore, she was constantly constructing a new sense of reality based on her experiences. The next voice heard through Sophie’s story is the voice of disillusionment. Relating to the voice of reflection, we heard the voice of disillusionment occur as Sophie struggled to grasp BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 104 reality. She was not prepared for the abuse that occurred within her marriage and as stated previously, was faced with confusion in understanding her Christian faith within it. In addition, Sophie shared that she grew up in an abusive household and thought that once she became a Christian, she would be free of abuse. The voice of disillusionment is heard as Sophie blamed herself. She believed that a lack of faith caused the abuse and could not understand how to fix it. I thought everything you read like all the Christian bookstores - just you pray hard and they prayed, and things changed. And so, I just thought, oh, I, I just don't know how to pray like obviously, I'm like ... I don't ... I'm not doing this right because nothing's changing. He's still angry. He's still depressed. He’s still whatever he is right, so I'm obviously doing something totally wrong. The voice of disillusionment is portrayed through internal conflicts such as guilt and shame around being a Christian who is going through divorce. It often seemed like Sophie was caught between staying in the marriage to stay true to her faith and her marriage covenant, but she knew the abuse was wrong. From this we saw that experiencing abuse caused Sophie to tear down her previous understanding of marriage. Disillusionment is also heard through her description of the complexity and confusion of the court process. Sophie shared that her exhusband abused the system by refusing to come to an official agreement. The first year was spent mediating. We would come to an agreement then he would change his mind. And then we would come to an agreement and he would get a different lawyer, and then we would come to an agreement and then he get another lawyer, so he went through, like, three lawyers, I think in that first year. His constant abuse of the system kept Sophie in a perpetual cycle that she was unable to escape. We also hear the voice of disillusionment in other relationships in Sophie’s life at the BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 105 time of litigation abuse. She shared that friends within the church and school communities didn’t know how to deal with her marriage falling apart. She additionally saw her children suffer in relationships as they were no longer invited to friends’ houses for play dates. This period within Sophie’s life was extremely challenging as she faced multiple dilemmas such as fighting for her kids in court, defending herself from her ex-husbands abuse, navigating new dynamics in friendships, and developing a new sense of self as the world around her changed. We saw a woman whose whole world had exploded, and she was left climbing this mountain of litigation, attempting to escape the chaos. Within the chaos, we heard the third voice emerge which was the voice of vulnerability. The voice of vulnerability is a wise, soft, and real sense of self knowing. It was the voice where Sophie could quiet herself and remain. It was a sense of peace and understanding, acknowledging the hurt which had occurred and making space for it. The voice of vulnerability was a voice of love and comfort, aiming to bring Sophie closer to her true self away from the explosions happening around her. This voice was also connected to an admittance of the pain within her experience. We heard Sophie cry out to God and within this a desperation for clarity. Like I even remember there were a few times like more than once. But just like at the end of the day, breaking down before God. Like ... literally, I was laying prostrate on the floor. I am broken. And I just remember the Holy Spirit speaking to me and he said, with breakdown comes breakthrough. We heard the voice of vulnerability again when Sophie shares how damaging litigation abuse is towards her physical and mental health: “Because it’s devastating like it really wrecks your whole psyche ... like I know it’s been years, right, but even to this day if there’s somebody unexpected at my door I have anxiety.” Vulnerability is also heard through Sophie’s metaphor in BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 106 describing litigation abuse. She shares that it is like treading water and that she had to tread water for years. The experience was exhausting and led her to breakdown. She could no longer fight in court for the sake of her mental health: “I don’t care how far in debt we have to go. We have to hire somebody because I cannot do it myself. I cannot do it myself. I just couldn’t.” The fourth voice within Sophie’s story is the voice of the fierce mamma. The fierce mamma voice is one of action and strength where Sophie will do anything to ensure the wellbeing of her children. When asking Sophie how litigation abuse impacted her role as a mother she replied: “I think it made me really fierce. Like I fiercely fought for my kids.” The fierce mamma voice is one of protection and perseverance. Unfortunately, we saw the system resist this voice within Sophie by discouraging her fierce actions to protect her kids. Sophie was adamant in protecting her children and believed she knew what was best for them but was faced with a system that was against this. This is what I have a hard time with. A system that decides what's in the best interest of the children when they spend no time with them and have no vested interest in them. That is really difficult, and even because the other party can put on their best behavior and is very charming, and likable and funny. He was able to charm and manipulate the system. Sophie shared that she would refuse to agree to joint custody even though the system recommended this. It was a constant battle as she was forced into a system which implemented generic rules that didn’t fit onto her family or support her children’s needs. Her desire was to protect her children and the system prevented her from doing so, resulting in the emerging of the fierce mamma voice. The thing that I fought the greatest in everything was joint custody, I would refuse to agree to that one thing ... because I knew that once he felt he had more of a say, all what BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 107 little bit of world I could protect would just be broken. She was very adamant in protecting her children from litigation abuse and never spoke about it with them. She also fought against the system when they suggested her children move between houses on a one week on, one week off basis. In this, the voice of the fierce mamma encompasses a selfless nature where Sophie chooses the hard path and continues fighting in court to prevent this. I have a hard time thinking it's okay for a kid to spend one week in one house, and one week in another, and everybody says it's okay and that kids are resilient, and it will be fine. I'm like no, no, why don't you guys move, you move your houses every week than have these little people who just want to love both parents. Why should they have to go through that chaos? The final voice heard within Sophie’s narrative is the voice of empowerment. This voice was first heard when she described the grace of God holding her afloat within the litigation process. It was a voice of freedom in which she knew she was not going to drown. This voice was heard in her strong work ethic. For example, Sophie spent days working to support herself as a single mom and evenings studying case law to fight for her children in court. This voice represents her strong willpower to keep going in the face of adversity. In addition, we heard this voice in her connection with other people. Sophie shared about her connection to different pastors, friends, and the police chief who defended her against her ex-husband’s attacks. She was empowered through the police chief’s actions saying, “Somebody finally believed me and heard me.” Sophie additionally shared that empowerment is knowledge. Throughout her story we heard the confusion and disillusionment associated with litigation abuse following intimate BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 108 partner violence. She knew something was very wrong, but she didn’t know she was being abused. In Sophie’s reflections, she shares that knowing would have helped her in court because she would have been able to say and know more clearly what was happening to her. If we can get like knowledge, like nobody you talk to knows what litigation abuse is ... like I just think knowledge is key. How do we get the knowledge out to people so when you’re in the middle of drowning, something is there to say “hey” Sophie’s voice of empowerment was also heard through her connection to other women who have gone through litigation abuse. She shared that she was involved in different online mom sites and had counselled women on how and what they need to do in the system to help their cases. Lastly, she ends the interview empowered through her faith and relationship with God. She says, “I don’t know how single parents, single parent, do it without God.” Her faith is a huge factor in her resilience and empowered her through the litigation process. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 109 Sophie’s Metaphor It's exhausting. You know ... what do they call that when you're like having to stay in the water. And you're like treading water treading water for, you know, how long can you tread water for, well I had to tread water for years. And it was exhausting. And I did have a breakdown, no joke. Figure 6 Sophie’s Treading Water Metaphor Illustration. Artwork by Marissa Sawatzky Marlena’s Story I met Marlena over Zoom and was surprised by her energetic and bubbly personality. She talked loudly and quickly asserted herself into the interview. Marlena’s story is of a woman who has experienced a lifetime of abuse. As a young girl she was sexually abused by her older brother and shared that her mother never protected her from it. She was left silenced and full of shame. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 110 To protect herself and move forward with her life out of abuse, she developed an array of skills which allowed her to be involved in a variety of activities including volunteering, teaching, and speaking. But the abuse did not end in childhood as she entered an abusive relationship with her husband. His abusive tactics included: neglect, belittling in front of others, refusal of sex, emotional and verbal abuse, and litigation abuse. Marlena was silenced, isolated, and left full of shame again. Ending the relationship took Marlena on a rollercoaster of experiences including being labelled and stigmatized through the courts and by many professionals because of her mental health. Her ex-husband used litigation abuse to alienate her from their children. Marlena understands his abuse as an attempt to make her crazy, crazy enough that no one would look at her or see her outside of her “crazy” actions. She admitted that she acted crazy, but it was because of the abuse in her childhood and adult relationships, as well as her mental illness. She shared that she was falsely labelled with different diagnosis such as bi-polar and borderline. The mental illness which she did suffer from and had an official diagnosis of was complex PTSD and from this, trauma symptoms. She shared that in court there were no accommodations made because of her mental health and this left her feeling further isolated and full of shame. It wasn’t until she went to criminal court that the judge saw she was sick and was worried for her health. The judge encouraged her to get a new doctor and start volunteer work. Marlena’s resiliency within her story is shown through her refusal to accept abuse, her boundary setting with her mother, her protesting the abuse, and her ability to advocate for herself. Throughout her story she was desperately looking for someone to acknowledge and hear her pain. Marlena was so often misunderstood by those in authority that it damaged her ability to heal and navigate the legal system effectively. Stuck with mental health stigma, she fights BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 111 against it through sharing her story and connecting with others, as she learns more about litigation abuse, hoping to one day be free. There are five main voices heard through Marlena’s story which includes oppression, the victim, disbelief, explanation, and agency. The first voice within Marlena’s narrative is the voice of oppression. This voice represents the years of abuse she had suffered within her childhood, her marriage relationship, and the legal system. We heard the voice of oppression when Marlena gave her own definition of litigation abuse. I understand it as the abuser using the court system to keep control over their victim, and to keep as a form of ... to keep abusing them and re traumatizing them. But see my ex does it the sneaky way because he made me go crazy and then he was like, “oh, I saved my kids from the crazy mother” and so he just keeps saying “she's crazy, she's crazy” ... And I do act crazy in court, I have complex PTSD. I tried to explain it to them. Within this definition we heard layers of abuse which created a chaotic environment for Marlena. She understood some of her actions were wrong, but she also made it clear to us that her actions stem from years of trauma and abuse. She was constantly stigmatized because of her mental health and we saw the dreadful reality that the legal system was a perfect environment for her ex to further abuse her. Up on a stand in front of an audience that does not understand mental illness, Marlena was doomed to fail from the start. Relentlessly, she fought against this label but in doing so dug herself a grave: “I was put in cells, I was threatened to be put in cells and I was threatened to be fined.” Throughout the interview Marlena was consistently questioning why accommodations were not made to support her within the system. The only answer she could come up with was mental health stigma. Although she did not have any charges against her, she was sent to prison because of her mental health, where she spent 30 days awaiting the trial. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 112 While in prison, we hear the voice of oppression as Marlena relates to the other prisoners. When I was in prison it seems like ... we’re being abused ... we were abused, but we keep being punished ... because if we weren’t abused those women probably wouldn’t have ended up in jail, they wouldn’t have lost their children, which added more trauma. It’s like the trauma just keeps going ... cycling ... I never imagined I would go to jail. The abuse continues in a perpetual cycle preventing escape. Marlena then explained how her ex-husband used the legal system as another tool of abuse, and the court applauded him. Instead of finding support and refuge following abuse, Marlena shared that litigation caused her complex PTSD. Her story was unique because the abuse from her ex-husband crept into her soul connecting to childhood trauma. She was raped by her older brother as a child and was never protected by her mother. In finding out Marlena was about to leave; her ex-husband used her childhood trauma to manipulate and trigger her. He sat me down and said, I found out you went to a lawyer, I’ve got my own lawyer. He said, I am getting the house. I’m getting the kids. And he said, you will be in the streets babbling to yourself. And he said, you are worse than your own mother. Shortly after he said this to her, she attempted suicide by overdosing on pills. Immediately she was painted with mental health stigma which followed her through litigation and continues to this day. Marlena shared that her ex-husband was a master manipulator and relentlessly continued to use the children to hurt her. The second voice within Marlena’s narrative was the voice of the victim. The voice of the victim is a voice of hopelessness and powerlessness. Often overlapping with oppression, the voice of the victim represented a hurt and damaged soul constantly crushed by opposing forces around her. Marlena shared that throughout the court process she was treated like a criminal. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 113 Although she tried to explain her mental health to the courts, they didn’t care but labeled her as crazy. Like when I'm in court. If I cry, I look crazy, if I laugh, I'm crazy, like ... no matter what I do they look at me like I'm crazy, because that's what he's told them. I'm crazy and dangerous ... I was going crazy. I admit it, like you take a person’s kids away and do all this shit to them. Marlena was constantly victimized, not having a lifeline to reach out for support. She made statements such as: “I am not a person” and “he took, he stripped me and made me a nonperson” all stemming from the abuse of her ex-husband within the legal system. Marlena was left inhumanely tortured under his abuse within the system, unable to free herself, feeling trapped, and constantly facing the reality that she has lost her children. We are being discriminated against. All these courts just allowed him to alienate my children against me. And they don’t want to see me. So now the courts have said I’m basically dead to them and they’re dead to me. When asked to reflect on safety within litigation abuse, Marlena described how her mother never protected her. We often heard Marlena reflecting on her childhood trauma and experiences. This gave us the sense that somewhere within herself she is still trapped as a little girl, unable to escape abuse. Through her abusive relationship and litigation, she was constantly being triggered and brought back to her past self. She was expected by the courts to act like a quiet and composed adult. We discovered that while she may look like an adult externally, when triggered she is a young girl. The inability for the court to recognize this and protect her was appalling. It was ironic for us as researchers to realise how serious child abuse is acted upon within the justice system, but as soon as that child’s body grows, they are neglected and BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 114 forgotten. Instead, she was left voiceless, silenced, and victimized. The third voice heard within Marlena’s experience is the voice of disbelief. The voice of disbelief is a voice of questioning, uncertainty, and shock at how her ex-husband was able to use the system to continue abuse. Marlena says: “I think when it was first happening, like when it first started happening, it was so surreal.” Her description of her experience of litigation abuse consists of multiple overlapping and conflicting voices heard internally and externally. At times, it felt when we read her story, we had entered a different world. The following I-poem demonstrates a mix of pain, confusion, anger, and devastation all leading to a sense of disbelief with Marlena’s experience. I didn’t know any better I can feel myself getting sicker I don’t want to be sick I don’t even know I was acting crazy I didn’t know how to deal with the stress I didn’t understand what was happening I had complex PTSD I was so angry I was so ashamed Throughout the interview, Marlena constantly reminded us of her strength and agency through litigation abuse by stating that she had gone to university, volunteered in school, been involved in multiple social and political organizations, leadership teams, and had multiple witnesses come to court to support her. Despite all of this, she did not move forward in her case BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 115 and was left feeling confused and disoriented. She shared: “Like nothing about it makes sense. Everyone who knows me says I can’t believe this happened to you. So, are all those people crazy?” The voice of disbelief continued in the narrative as she shared that prior to experiencing litigation abuse she knew little about the court process. Marlena told of her experience of being blindsided through litigation abuse: “I didn’t know any better at the time and I was sick. I didn’t understand the courts and all this crap ... it was my word against his.” In addition, there were actions taken by judges which she did not understand. For example, the judge did not make it mandatory for her ex-husband to receive counselling or mandate a co-parenting plan. The next voice within Marlena’s story is the voice of explanation. This voice comes from a place of resiliency within herself and represents her ability to explain and validate herself. She was an educated woman and had a strong ability to connect the pieces and make sense of what was happening to her. We heard this voice in her ability to explain how the abuse had caused PTSD and what mental illness looks like in the court setting. I told them I have complex. I told them I have PTSD. It actually wasn't formally diagnosed until this March. But I was pretty sure that's what I had ... found through the counselling ... I explained to them how you go into the amygdala and how you go into like flipping your lid. And how you go into very primitive fight or flight. It is evident that Marlena knew her body and its reactions to the abuse around her, but she faced conflict as others were unable to see this. As previously mentioned, Marlena explained how her childhood trauma continues to impact her actions and ability to manage stress. She adamantly stated this throughout the interview, aiming for some sort of validation and to be seen. She explained her experiences in both criminal and family court, and that she felt heard in BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 116 criminal court because the judge seemed to care for her health saying, “You’re not a criminal; you’re sick.” The voice of explanation is also heard in her definition of litigation abuse. I didn’t know that it was called litigation abuse, I have just been calling it court sanctioned abuse because he wouldn’t be able to do it without the court. If the court was acting properly this would not have happened. We heard her opinion and stance on the issue of litigation abuse. Marlena presented herself strongly and accurately saw the court’s and her ex-husband's role in the continued abuse. In addition, while taking responsibility for her actions, she explains how the abuse drove her crazy. Oh, I was acting crazy. I’m not going to deny it, but you do go into craziness. But I didn’t know that. And then I would feel guilty afterwards and worse. And everyone is looking at you like you are crazy. I didn’t know how to deal with the stress. The final voice within Marlena’s story was the voice of agency. Through the chaos and pain of abuse we heard a voice of freedom that continues to press her forward. Deep inside, Marlena refused to fully accept the lies and shame put on her through litigation abuse. She held on to a strong part of herself that knows and feels worth. This voice protests abuse and fights to survive. She believed she had experienced human rights abuse and now advocates against it for herself and others. She shared that through connecting with others who have experienced litigation abuse she is not alone. The voice of agency was also heard when Marlena shared how she fought for her children in court. This included obtaining letters from mental health workers and job references to prove to the judge that she had made progress. Marlena refuses to concede stating, “I’m not going to not have my kids for the rest of my life. Forget it. And I don’t want to be sick.” She demonstrated agency through sharing her story and asserts that she will not hide or BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 117 remain shameful for the abuse she has suffered. Marlena’s Metaphor “I do feel like I was in a prison. I couldn't get out of, like trapped.” Figure 7 Marlena’s Prison Metaphor Illustration. Artwork by Marissa Sawatzky Synthesized Voices of Participant Stories The following section provides a description of the synthesized voices of all participant narratives. After analyzing voices found in individual women’s stories, we compared and contrasted voices among all interviews. We then categorized all voices into two broad categories: voices of apprehension and voices of freedom. The voices of apprehension include self-criticism, disbelief, fear, hopelessness, and exposure. The voices of freedom include rationality, empowerment, self-assurance, vulnerability, and awareness. Table 1 and Table 2 provide a brief visual representation of the two categories of voices. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE Table 1 Voices of Apprehension. Voices Description Markers Participants Self-Criticism Passing negative Negative self-talk 1, 2, judgement towards and feelings of self. unworthiness, shame Uncertainty in self or Speaking of naivety, surrounding. confusion, Disbelief 1, 2, 3, 6, 7 disorientated, and blindsided. Fear Hopelessness A distressing emotion Speaking of lack of aroused by danger. safety. Having no hope Speaking of including despair and unworthiness, desperation. desperation, and 1, 2, 4, 5, 6, 7 1, 4, 5, 6, 7, devastation. Exposure Laid open to view, Speaking of susceptible, and unvoluntary exposure vulnerable. in court. Violation of 3, 4, 5, 7 privacy. Note: 1 = Sandra; 2 = Lisa; 3 = Summer; 4 = Tiana; 5 = Melissa; 6 = Sophie; 7 = Marlena 118 BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE Table 2 Voices of Freedom. Voices Description Markers Participants Rationality Exercising reason, Speaking and existing 1, 3, 5, 7 sound judgement, and with an educated, good sense. strategic, calculated, and intuitive mindset. Empowerment Power and authority Speaking about self- over self and actions. power & control. 1, 3, 5, 6, 7 Protesting oppression. Self-assurance Positive declaration Statements and of self-confidence. actions of assurance, 1, 3, 4, autonomy, and selfknowing. Vulnerability A humble and sincere Speaking from selfunderstanding of self. 1, 2, 6 knowing and connection. Awareness Being aware and Speaking with having knowledge of confidence of reality. self, others, and Including reflection circumstance. and knowledge. 2, 5, 6, 7 Note: 1 = Sandra; 2 = Lisa; 3 = Summer; 4 = Tiana; 5 = Melissa; 6 = Sophie; 7 = Marlena 119 BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 120 Voices of Apprehension Voices of apprehension within the participant narratives represent an inability to break free from feeling stuck or held captive. Moreover, as the opposite of freedom these voices demonstrate being imprisoned or held captive by an oppressor. Oppressors throughout the women’s stories were manifested in women’s own negative views of themselves, their abusive ex-partners, and the legal system. The specific voices heard under the voices of apprehension category are self-criticism, disbelief, fear, hopelessness, and exposure. Self-Criticism. The voice of self-criticism was heard through the women’s stories as negative self-talk and feelings of unworthiness. It was evident that women struggled in creating a positive identity following their abusive relationships. Upon entering the court system, we heard how women struggle to know who they are, preventing success throughout the system. Their internal and external worlds erupted into chaos and we saw women criticize themselves throughout the process. Within this category, we heard the voice of self-criticism (Sandra) and unworthiness (Lisa). We heard the voice of self-criticism within Sandra’s narrative arise as she consistently shared feeling like a fool for getting involved in an abusive relationship. We often heard statements such as: “I am such a fool to have let this happen” and “I couldn’t shake this idea that like that I was a fool.” It was interesting when we read further into this voice, we heard Sandra looking outward in comparing herself to other human beings. She shares: “In the wider context, on the planet, I was one of those foolish people who made some stupid mistakes and like yep, that one, she’s a fool.” We heard this internal apprehension through self-criticism keeping her captive to feelings of shame and isolation. In going through this experience, she saw herself as othered. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 121 Like Sandra’s voice of self-criticism, we heard the voice of unworthiness within Lisa’s story. Lisa had witnessed abuse from a young age and within her marriage. We got a sense that feeling insubordinate in relationship was what she learned as normal from early childhood to adulthood. Lisa felt unworthy throughout her relationships, and this left her silenced. Statements of unworthiness that arose in her story include: “I used to see myself as the wrong one” and “I felt like I’m not worthy.” These feelings kept her captive within the abusive relationship as she felt responsible for it. We heard an internal struggle as she tried to develop confidence in herself, but she communicated an overwhelming sense of helplessness. This internal struggle continues as Lisa fights to claim who she is in this world. Disbelief. Within all the women’s stories we heard the voice of disbelief. This voice represents an uncertainty or unknowing of self and surroundings. It was evident that the women did not know how the courts can be used to continue to manipulate and control another. They were shocked to have experienced this themselves and we found threads of confusion as a result. It seemed the unknown and disbelief of the abuse happening kept them captive from freely understanding themselves and the situation. They were stuck believing that they were alone in experiencing litigation abuse. Within this category the voices that emerged were the voice of the unknown (Sandra, Lisa), disbelief (Summer, Marlena), and the voice of disillusionment (Sophie). In Sandra’s and Lisa’s stories we heard the voice of the unknown. Both women had struggled with their understanding of self and identity entering litigation abuse. They had immersed their lives into the lives of their abusive ex-partners which led to a stripped sense of self. In addition, they were both shocked at the abuse that occurs within the legal system. Sandra shares: “I didn’t really know how far my partner could take all the legal things.” Similarly, Lisa shares: “I never expected that it could just snowball on the legal end.” Like a mouse entering a BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 122 baited trap unknowingly, these women entered the system prepared to be protected, but were met with further abuse. This gave them an overwhelming sense of a lack of control, leading to feelings of apprehension. The voice of disbelief is heard through both Summer and Marlena’s stories. This voice is like Sandra’s and Lisa’s voice of the unknown in how blindsiding entering litigation can be. All the women were blindsided in the process as they had no prior knowledge of law upon entering the system and were easily taken advantage of as a result. The voice of disbelief was different than the voice of the unknown because it added a layer of shock. Marlena shared, “I think when it was first happening, like when it first started happening, it was so surreal.” This gives us a picture of these women entering a different world ill-equipped for the battle to come. In addition, we heard Summer’s disbelief through statements such as “I never thought I would ever ever ever be in a situation like that.” The voice of disbelief within Sophie’s story was heard through the voice of disillusionment. Like the above voices of the unknown and disbelief, we heard this voice as Sophie struggled to grasp reality. Different from the voices above, Sophie’s disillusionment correlates to her Christian faith: “So in the midst of it, I thought there was something wrong with me. Because I was a baby Christian, I thought I’m not praying hard enough.” She consistently engaged in this battle within herself on her faith, who she was, and what she believed. She quickly learned that pain and suffering happen for all people including Christians. Her worldview shifted while experiencing litigation abuse portraying the voice of disillusionment. Fear. Fear was felt by most of the women when they spoke of a lack of safety. Particularly, fear was felt in their abusive relationships with their ex-partners. The abuse manifested itself through multiple tactics such as physical, sexual, verbal, emotional, BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 123 psychological abuse, and neglect. Due to experiencing these traumas, these women were at a disadvantage entering the legal system. The disadvantages particularly surrounded women’s inability to control their triggers when facing their abuser in court, often resulting in a hyper aroused state. All women reported feeling triggered by their abuser and because of this felt limited in their ability to effectively navigate the litigation process. Melissa shared her experience of fear through her personal definition of litigation abuse. She shares that litigation abuse is “when somebody uses it, the legal system, whether it be a judge, or whether it be the court, any aspect or any portion of that to try and fear the victim.” She spoke of her experience of fear as suppressing her and leaving her hopeless about getting any help. Sophie felt fear in her abuser’s ability to use the system to consistently file against her and drag her to court: “Like I got to a point that I couldn't answer my front door. Right, because I was so fearful of being served again.” Lisa shared a vivid recollection of fearing for her life as she thought her ex-partner would find a way to kill her. She shared how she would stay at work until late in the evening and was afraid to go home alone. She would sleep deprive herself saying, “I wouldn’t go to bed because you didn’t know, like whether you would wake up in the morning or not.” Similarly, Tiana often shared of her fear in experiencing her ex-partner stalking and coming after her. Following court cases, she would take different routes home as he would often follow her, and because of this she would place locks on her door. Due to these experiences, Tiana adamantly states “there is no safety.” In addition, when speaking of the abuse from her ex-partner, Sandra shared a fear of his ability to harm her mentally and emotionally through the court process: In the mental and emotional sense. I was very worried that the capacity of this person to play mind games, that capacity of this person to be very vindictive, the capacity of this BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 124 person to exact the physical and emotional turmoil that exists within them on their partner is very present. I only experienced the tip of the iceberg and I was afraid of have how far that would go. Marlena’s fear started at a young age due to being raped by her older brother. The sexual abuse continues to follow Marlena in the trauma of her mother never protecting her from it. When asked about her view of safety in the world Marlena explains: I guess, I'm not, like I was not protected as a child, I wasn't protected, or like I'm still not protected by my mother because she chooses not to protect my sister and I. So, I probably never feel safe. Although the interview was directed at the topic of litigation abuse, Marlena often recounted her early childhood sexual abuse. She experienced court as very triggering and we get the sense that the constant abuse from her ex-husband and litigation abuse, held her captive to these haunting memories. Hopelessness. Hopelessness was a common voice heard among the women’s stories. It represented the feeling of having no hope and feeling desperate. Reading the narratives, we heard women relate their experience of litigation abuse to drowning or treading water for a long time. The constant effort it takes to tread water, with no foreseeable end, while facing continued abuse, left women in this state of hopelessness. This voice represents a loss of agency and power as women fight to stay above water. We heard the voice of hopelessness arise through both Sandra and Sophie’s stories when they used the metaphor of treading water and constantly feeling they were drowning. Sandra said, “I feel like I'm drowning in the bottom of this pool and it happened way faster than I could have anticipated because I was so down, like because I was in such despair, and I was feeling so demoralized.” Similarly, Sophie describes this experience stating BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 125 that “It's exhausting ... you're like treading water, treading water for, you know, how long can you tread water for, well I had to tread water for years. And it was exhausting.” Through these quotes we hear women who were stripped of their ability to function healthily. Abuse continued as women were constantly under this pressure which was wearing them down. Their sense of self and freedom was taken, and they were unable to breath or take a break from the endless swimming. We also heard the voice of hopelessness in the tone of voice in women’s stories. Tiana approached the interview timid and soft spoken. She had little energy and it was evident that the years of abuse had left her in a weary state. We heard the opposite tone in both Marlena’s and Melissa’s interviews. They approached the interview with intensity as they spoke quickly and physically shook while the spoke. Their shaking bodies and fast paced speech made it clear that they inhabited a hyper aroused state from years of trauma and abuse. These paraverbal and nonverbal markers gave me the sense that their suffering led to feelings of hopelessness and desperation. Through these voices we heard their cries for freedom and acknowledged the despairing reality that they are not free from abuse. Exposure. Exposure was a voice which represents women’s experiences of being laid open to view, including susceptibility and vulnerability in front of others. The court experience was exposing for women as they had to open shameful aspects of themselves including their abuse in court. In listening to the stories and analyzing the results, we felt as if we were examining some of the most shameful and painful aspects of these women’s lives. We held their pain with care and a gentle curiosity. But in doing, so we realized that the parts of their lives voluntarily shared with us during the research process were not voluntarily given in the court process. Women often felt exposed, laid bare, and naked in court having to justify themselves BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 126 and their behaviour following abuse. We hear this in Tiana’s story when she shares how difficult it was to be in a court room full of people, knowing they were hearing aspects of her story that were shameful to her. She went on to say that intimate partner violence was easier to bear than litigation abuse because it was kept in-between her and her partner. Women shared that the expectation to remain composed and calm during court was inhumane. They felt oppression during the court process because of their perception that the authority’s opinion that showing human emotions such as fear and sadness was inappropriate and even harmful to the women’s cases. To control unwelcomed emotions in court, Summer used tactics such as drinking water when she felt triggered. In addition, we heard the voice of exposure when she shared: “You just have to keep your mouth shut, and just believe in yourself the whole time, you have to tell yourself, no that's not me that's not who I am.” Melissa shared how during the litigation process she had to be careful because she did not want to make herself look bad in the eyes of the legal system. This gave us the image of being held captive, always having to watch what you say or do. Her life was exposed to the courts and she was threatened with the loss of her children due to the custody battle with her main abuser. This was very similar to Marlena’s story as she adamantly fought for her kids in court. Marlena’s life was exposed leading to triggers, which demeaned her with a felt experience of mental health stigma in the courts. Voices of Freedom Voices of freedom within the participant narratives represent moving out of oppression towards acceptance of self and of the situation. These voices demonstrate the women’s ability to walk in freedom from the captivity felt during litigation abuse. This was heard through internal self confidence and external validation from other sources. In addition, these voices BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 127 demonstrated an ability to go beyond one’s circumstances and hold on to positive truths about oneself. For example, although the women experienced abuse within the legal system and from an intimate partner, they had preserved a part of themselves which was liberated. The voices of freedom existed both prior to and after experiencing litigation abuse. Moreover, they demonstrate a resiliency and power over one’s thoughts and actions within litigation abuse. The specific voices heard under the voices of freedom category are rationality, empowerment, selfassurance, vulnerability, and awareness. Rationality. Within the participants stories we heard the voice of rationality which demonstrates cognitive processing and their ability to strategize and explain the abusive situations. This was a voice of freedom as it represented an anchor which women held onto throughout abuse. Voices included in this category were rationality (Sandra, Melissa), strategy (Summer), and explanation (Marlena). Within Sandra’s and Melissa’s stories we heard this voice through their growing awareness of the legal system and their actions to move forward in it. For example, in Sandra’s story we heard the voice of rationality as it helped her stay connected to reality. She shared that experiencing the end of her relationship was very emotionally challenging. Holding onto her intellect allowed her to make decisions which moved her forward in life. Similarly, Melissa shared that before responding emotionally to verbal attacks from her ex-husband, she had learned to take deep breaths and regulate herself. This ability to regulate and stay balanced was a strategic action in learning to navigate the system effectively. Summer’s voice of strategy came across strongly in her story. She was determined to succeed in her case and had the resources to allow her to do that. These resources included a lawyer, support from church, an outreach worker, counselling, and friends and family. another forms of strategy Summer used was her ability to take on the role of a lawyer in the court room. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 128 We get a sense that she refused to concede to damaging labels and titles placed on her because she had experienced abuse. She remained strong and composed, knowing that this would help her succeed in court. She succeeded and won most of her cases because of these strategic moves. The voice of rationality within Marlena's story was heard through the voice of explanation. Marlena had endured extreme abuse and the voice of explanation was a cry of resilience where she explained and validated herself. Through the voice of explanation, we heard Marlena make sense of what had happened around her and to her. For example, she understood and articulated to the listener how her abuse from childhood to adulthood caused severe PTSD. She then went on to explain how her PTSD manifested itself within the litigation process. The voice of rationality within all four narratives represented the voice of freedom because the women’s ability to be rational led to freedom. We heard how confusion, disbelief, ignorance, and naivety, negatively affected women’s experience through court. However, when they approached the situation with a clear mind, we saw their ability to move beyond the abuse and into healing. The voice of rationality was an anchor through the litigation process because it connected women to a deeper truer self. In contrast to feelings of self-criticism or doubt, rationality allowed women to hold on to certain truths about themselves that the horrors of abuse cannot take away. This included the ability to move forward in believing that although horrific acts have been done to them, they are still fundamentally good and worthy people. Empowerment. The voice of empowerment was heard through the narratives and includes women’s power and authority over themselves. Having faced abuse, the women’s voices of empowerment emerged as they fought against oppression and took control over their lives. Within this voice we heard threads of self-assurance where women held onto a felt sense of goodness. It was a voice that encouraged women to move forward through the obstacles of BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 129 litigation abuse. Empowerment was heard emerging through the self and from other positive influences in the women’s lives. We heard this voice as the women gained the knowledge that they were experiencing abuse in the system and worked to act against it. The categories within the voice of empowerment include empowerment (Sandra, Sophie), expectancy (Summer), and agency (Melissa, Marlena). The voice of empowerment within Sandra’s story was heard through a self-assurance gained by hard work and connection to others. She demonstrated hard work through her ability to work three jobs and get herself out of debt while experiencing litigation abuse. Her connection to others, particularly a lawyer and good friends, provided the support and a roadmap she needed to keep going. Her lawyer was a valuable resource who allowed her to distance from her ex-partner. Once she had this distance, we heard empowerment through her story as she fought to hold on to the good and optimistic person, she was prior to the abuse. She lost herself in the heartbreak of the litigation experience. However, we saw her pick up the broken pieces of herself and were introduced to a strong and knowledgeable woman at the end of the interview. Additionally, we heard the voice of empowerment through Sophie’s story. Similarly, this voice of empowerment included self-assurance through hard work and connection to others. We witnessed Sophie’s ability to provide and protect her kids even as she struggled as a single mom. Sophie’s world exploded during litigation abuse, but she adamantly fought for her kids in and outside of the courts. She worked to financially provide for them and studied case law as she went self-represented to court, unable to afford a lawyer. We saw this internal resiliency and empowerment through her strength in an extremely painful situation. Sophie also shared how connections with others led to feelings of empowerment. This included her relationship with God, friends, the church, and a police chief who listened and advocated for her. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 130 The voice of empowerment in Summer’s story was heard through her strong will and refusal to accept the condemnation either from the courts or her ex-husband. We called this the voice of expectancy as this strength came from a place of power and resources. Summer expected to be treated fairly and just within the litigation process but was dismantled when faced with oppression. From the oppression we heard the voice of expectancy arise through a refusal to concede. We labelled this the voice of expectancy because underneath the noise of Summer’s situation there is an expectation to be treated well within the court process. This voice of expectancy resembled empowerment as she believed she had the right to be treated well. When this expectation was not met, she fought against it. The ability to fight against it is additionally an essence of empowerment. The voice of empowerment through Melissa’s and Marlena’s stories was heard through the voice of agency. Within Melissa’s story we heard the voice of agency as actions of choice. Melissa’s relationship with her ex-husband was defined by being controlled with little selfagency and choice. Melissa engaged in empowerment as she learned that despite being controlled by her ex, she had choice over her responses to his abuse and steps moving forward despite the constant attacks. She learned tactics such as not responding to the abuse right away, allowing distance and boundaries. She ended the interview telling of being empowered by her connection to other women who have experienced litigation abuse. She strived to allow both her own story and their stories to be heard. Marlena’s voice of agency arose through the chaos and pain which seemed to drown her throughout the narrative. We met a woman who frantically needed validation and support following litigation abuse. Her world was one of loss and chaos but through this we were able to hear a voice of empowerment through agency. Marlena adamantly protested the abuse and BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 131 stigmatization which happened to her. She was her greatest ally and advocate through the storm, and we heard a strength arise in her. Like the other women, Marlena refused to concede to the damaging labels placed on her from others. Self-assurance. The voice of self-assurance was heard through actions and declarations of taking back power. Throughout the women’s stories we heard this knowing of the power within. This power was often covered up or strained from the abuse, but women held on to this resilience within themselves. Within this category we heard the voice of self-assurance (Sandra, Tiana) and autonomy (Summer). Within Sandra’s story we heard the voice of self-assurance alongside the voice of empowerment. As she shared about finding a roadmap that could lead her through the legal system, we got a sense of her assurance that she would survive. She could move forward in selfassurance with the aid of the roadmap and friends who had walked alongside her in the process. She shared that these friends positively influenced her sense of self and she obtained greater confidence through the journey. In Tiana’s story we heard the voice of self-assurance as a voice of resilience and perseverance. Tiana’s world was filled with chaos and at times it was difficult to find grounding in her experience. However, as we continued listening, we sensed a quiet tone of freedom and strength. This was the tone of self-assurance where she slowly began to find herself again and take back the power that was stripped from her. We saw this at the end of her in her ability to be a safe place and rock for her daughter and in her confidence in the court room. The voice of self-assurance within Summer’s narrative was heard through the voice of autonomy. Throughout the narrative Summer adamantly fought against oppression and we heard this voice claim power in her story. This was seen through her methodical tactics such as BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 132 entering the court room confidently and taking on the role as a lawyer and drinking water when she was upset in the court room in order to remain calm. Summer was strong and independent leading us to categorize this voice as autonomy. However, within that autonomy we heard the voice of self-assurance as she confidently took on the legal system. Vulnerability. The voice of vulnerability was heard through women’s connection to a soft inner being of peace. This voice was heard through healing after pain. It symbolizes the women’s ability to reflect on who they are in themselves and in the world following litigation abuse. Within this category we heard this voice through vulnerability (Sandra, Sophie) and recovery (Lisa). The voice of vulnerability was complex as it incorporated many avenues in the shift of knowledge between pain and learning oneself following it. The voice of vulnerability was heard when Sandra allowed herself to face the pain and then learned to walk through it. It felt as if her entire world changed when entering the legal system causing her a feeling of uncertainty, fear, and chaos. When the dust settled and Sandra was able to look around, we saw her turn towards her pain, engage in it, work through it, and come out stronger and wiser. Her ability to engage in vulnerability led to a self-knowing and ultimately acceptance. Similarly, in Sophie’s story we heard the same thread of vulnerability leading to selfknowing. In allowing a space for vulnerability, Sophie connected to herself and the pain of her experience which gave her clarity. We heard the voice of vulnerability through her relationship with God as she openly shared her experience of brokenness with us: “But just like at the end of the day, breaking down before God. Like ... literally, I was laying prostrate on the floor. I am broken.” She opened her heart towards vulnerability and within that we heard her tell how she got closer to an understanding of her true self. At the end of the narrative, we encountered a BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 133 woman who experienced pain and because of this knew who she was and what she needed. In Lisa’s story the voice of vulnerability is heard through her recovery process. Lisa knew she was on a journey of recovery and within this journey is discovering and claiming more of who she is in the world. Lisa was lost to her husband’s demands and the chaos of possibly losing her son through the courts. While she no longer lives in this fear, she admits that she is still recovering from it. We get a sense that she is beginning to know who she is and what she needs. Like Sophie, Lisa demonstrated vulnerability in her relationship with God. She leaned on her faith through the story as an anchor to her recovery process. At the end of the narrative, we are met with her greater sense of understanding and self-knowing as a result. Awareness. The voice of awareness is heard as an older and wiser voice gained through experience. Having experienced litigation abuse the women demonstrated an understanding of themselves and the system which they did not have prior to abuse. This awareness was a voice of freedom as it provided a pathway for women to move more smoothly through litigation. Within this category we heard the voice of awareness (Lisa), reflection (Sophie), and knowledge (Melissa, Marlena). The voice of awareness in Lisa’s story is heard in her understanding of human suffering. She explains that through experiencing litigation abuse she connected with other women who experienced abuse. Lisa shared that she began to understand she was being abused through other people such as counsellors. In addition, as she recovered from litigation abuse, she shared how important awareness was in the healing process. Without the support from others, she may have remained trapped in abuse. In Sophie’s story we heard the voice of awareness come through the voice of reflection. The voice of reflection was a soft wise tone and represented Sophie’s ability to look back on her BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 134 experiences of abuse and talk about them. The interview took place after Sophie had been free of litigation abuse for five years, so hers was the voice of reflection. She recounted the abuse from a place of healing and strength, thankful to have survived such a chaotic experience. She spoke about how an awareness of abuse and the system is crucial in surviving litigation abuse. Melissa gained knowledge through her experiences that we heard as the voice of awareness. As she learned about abuse in the legal system, she began to learn what she needed to do to survive. Throughout the interview Melissa often shared about not losing hope while moving forward and progressing. She encouraged herself and other women to try to find themselves again and to feel validated in their thoughts and feelings. The voice of awareness led to healing within Melissa’s story: “I think slowly with time and with the support, with the help and knowing what to do with my thoughts and emotions. I really think that was the turning point for me.” Like Melissa, the voice of awareness is also heard in Marlena’s story through the knowledge she gained in experiencing abuse. We heard this transition between naivety and knowing as she fought to find what was real and true. The litigation process was disorienting for all women and in Marlena’s story we specifically hear how this kept her captive. The voice of awareness began to develop as she labeled aspects about herself and the court process. For example, she knew she had mental illness and that she was stigmatized in court because of it. Marlena’s battle for awareness did not end with our interview as she continues to research and connect with others who have had similar experiences. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 135 CHAPTER 5 DISCUSSION The purpose of this study was to hear and discover the voices present within women’s experiences of litigation abuse following intimate partner violence. This section will begin with a summary of the rationale for the study and research question, followed by researcher reflexivity. Contributions to the literature will be provided where we examine how the voices found in our study relate to previous research. Next, we will discuss contributions to theory and introduce the Beyond the Barrier model. I will then share implications for the study and outline a community response. This chapter will conclude with the study’s strengths, limitations, and future directions for research on litigation abuse. Summary of Rationale and Research Question Litigation abuse occurs through a perpetrator’s continued abuse, harassment, and control of their victim through the court. Through conducting a literature review, we found that research on litigation abuse is meager and victims remain isolated. We embarked on this research journey to discover women’s voice in the experience of litigation abuse. Employing the feminist method, and the listening guide (Gilligan, 2015), the purpose of this research was to provide a space for the voices of abused and marginalized women to be heard. Providing an opportunity for women to tell their stories was an important step in understanding the problem and developing strategies to respond to it. In addition, it is my hope that this research will provide information for understanding litigation abuse in Canada for multiple disciplines. The study was guided by this research question: What are the voices present in the experience of litigation abuse following intimate partner violence for women? Researcher Reflexivity As I reflect on the personal and professional changes I have experienced through this BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 136 project, I feel humbled as I honour the voices shared through the narratives. I did not expect women’s voices to touch me so deeply and enhance my awareness of suffering abusive relationships. The refinement of self consists of a deeper understanding of human emotions and states of being. In examining the voices of apprehension my, awareness towards brokenness and pain has been enhanced. Alternatively, the strength embedded through the voices of freedom exemplifies a resiliency that took me by surprise. In studying voice, the multiple layers of the human psyche and the voices embedded in those layers became clearer to me. It is in these layers that we connect and disconnect from ourselves, as we interact with the world around us. I have learned that to be human is to evolve and change. This movement stirs up anxiety and fear because we cannot fully control the shifting of voice within us. Consequently, a greater care, patience, and understanding of people has developed within me. This project has also influenced my work as a clinician. I find myself naturally searching for voice underneath a client’s story. I look for voices that connect and disconnect, and how these voices shape the client’s self-concept. Voices of apprehension and voices of freedom seem to exist in multiple forms within an individual outside of the experience of litigation abuse. For example, I often have clients who exhibit an internal battle consisting of voices that are silenced and shameful, interacting with voices that are more confident and self-assured. Highlighting these dynamics has helped me as a therapist to bring silenced voices to awareness and allow them to be heard. This practice provides a unique process of self-reflection where a client learns how to love and accept all aspects of themselves. Voices within me were stirred and stretched as I entered the worlds of the participants. My heart grew in admiration for their strength and ability to move forward in life despite the devastating circumstances. However, as I grew closer to their stories, I felt voices of BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 137 apprehension grow within myself. I experienced an interesting dynamic of wanting to be both close and far from my participants. However, I hoped they knew that I heard them, and I cared for them, while protecting my own heart from the pain of their experiences. While writing parts of the results section, it seemed that my body responded to their stories physically through migraines and fatigue. Tuning into my emotional and physical reactions to their traumas, I approached the project tentatively and slowly in fear and awareness of vicarious trauma and burnout. I gave myself permission to not be okay with the horrific realities I was hearing, nurturing space to heal and building up resiliency within myself. Through the journey, I connected to the participants by comparing the pain and heartache experienced by women within my own family to their stories. Researching and hearing the consequences of women who have suffered from childhood sexual abuse or trauma, stirred feelings of devastation as I thought of my mother who is a survivor of childhood sexual abuse. While my mother has not experienced litigation abuse, it’s mortifying to think that her exposure to childhood abuse placed her at a greater risk to experience abuse in adulthood. As I reflect, I feel my body freeze and my heart hurt for the many women who get trapped in cycles of abuse from such an early age and end up in abusive litigation because of it. Through these realizations my anger in the form of passion is ignited as I feel a calling to protect victims of abuse. I keep myself connected to this calling through the role of the therapist, and in promoting awareness of abuse through this research. Contribution to Literature As we journeyed with our participants, we sought to examine how abuse continues to manifest in the courts following intimate partner violence for women. This study contributes to the literature as it provided the opportunity for us to engage with participants uniquely through BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 138 the study of their voices. Many voices emerged under two categories which we labelled voices of apprehension and voices of freedom. The voices of apprehension include self-criticism, disbelief, fear, hopelessness, and exposure. The voices of freedom include rationality, empowerment, selfassurance, vulnerability, and awareness. Through this study we contribute to an in depth understanding of the complexity of voice and the shifting voices from apprehension to freedom for women undergoing litigation abuse. Voices of Apprehension The voices of apprehension within the participant narratives, are consistent with previous literature which examines oppressive tactics used by perpetrators through litigation abuse (Douglas, 2018; Miller & Smolter, 2011; Watson & Ancis, 2013). As we related our findings with previous research, we noticed that these tactics are comparable to the voices of apprehension as they also represent women’s experiences of being imprisoned or held captive by an oppressive force. However, unlike previous research, our study provided a unique angle to the literature by highlighting voices experienced through these tactics. Self-Criticism. We examined the voice of self-criticism occurring through women’s negative self-talk and feelings of unworthiness. It was evident that the voice of self-criticism developed over time as women struggled with their identity in the abusive relationship. As a result, their negative understanding of self was portrayed through self-criticism and this led to mental health issues such as depression and anxiety. Previous research displays the many negative mental health outcomes which arise through intimate partner violence. These mental health outcomes include depression, anxiety, suicidal ideation, and post-traumatic stress disorder (Campbell, 2002; Holtzworth-Munroe, 2005). Within our study, Sandra displayed health issues of depression and anxiety associated with the voice of self-criticism. She states: “I was so foolish BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 139 to have let this happen ... I saw myself as very incompetent.” In addition, when describing litigation abuse, she shared that: “In this context, the litigation abuse would be around the ability to damage a person’s mental or emotional state and ultimately withhold spousal assets.” Sandra’s narrative evidently displays how self-criticism influenced her mental health negatively. When comparing our study to the literature, we categorized self-criticism through the lens of mental health issues because it seemed to correlate with depression, anxiety and PTSD. Under this framework, we include voices of unworthiness and shame. Unworthiness and shame were prominent voices which held women captive in self-criticism. Within our study, two women told of their childhood abuse, and it appeared that the voices of unworthiness and shame came from these early experiences and were enhanced in the violent adult relationships. Previous literature indicates that women who experience childhood abuse are twice as likely to experience intimate partner violence in adulthood than women who have not (Tjaden & Thoennes, 2000). In addition, sexual abuse in childhood increases likelihood of sexual abuse in adulthood (Hattery, 2009). Lisa shared with us how witnessing abuse from a young age influenced her sense of self, leaving her with feelings of unworthiness and of being subordinate in relationship with her exhusband. Marlena’s childhood sexual abuse left severe mental health issues and vulnerability to abuse in adulthood. Mental health issues associated with childhood trauma include low selfesteem, symptoms of depression, and PTSD (Kelly, 2011), which are issues Marlena shared through her story of litigation abuse. Disbelief. We heard the voice of disbelief through all the women’s stories. We understood this voice as uncertainty or unknowing of the self and surroundings. The women did not know how the courts could be used to continue abuse, they were disoriented and confused through the process, and they all reported feeling alone. Disbelief and confusion due to BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 140 manipulation of the court process through lying and distorting facts in court, has also been found in previous research (Watson & Ancis, 2013). Perpetrators target victims’ character making them appear unfavorable in the eyes of the court. This was also found within our study as seen in the stories of Lisa, Marlena, and Melissa. Lisa shared how her ex-husband attempted to take full custody of their son through submitting lies in the affidavit. In Marlena’s case, her ex-husband purposely triggered her mental health issues of PTSD to make her look crazy in the eyes of the courts. For Melissa, her ex-husband constantly abused her by sending abusive text messages and emails, leaving her feeling confused, angry, and disoriented. Moreover, previous studies indicate that judges, court representatives, and police struggle in handling these cases as perpetrators portray themselves as the victims in court. Judges are distracted from abusive patterns and declare victims equally abusive (Przekop, 2011; Ward, 2016). Similarly, men in our study, as reported by the women, manipulated their appearance in court portraying themselves as either the victim or as confident and self-assured. In Summer’s case, she felt the judge had compassion for her abusive partner which left her feeling confused and angry. Tiana shared that her ex-partner and his lawyer were confident and louder, directing the judge’s attention to them. She felt this was an abusive tactic used to trigger and shut her down in court. Voices heard from these experiences are disbelief as women were confused in the court process through the manipulation of the system by their ex-partners. Fear. Previous literature shares that coercive control includes a variety of strategies used by the abusive partner to keep a woman in fear of future harm to herself and her children, and doubtful of her own reality (Kelly, 2011). Examples of controlling behaviors include emotional and verbal abuse, controlling a woman’s personal and household finances, and using coercive, intimidating, and threatening behaviours (Kelly, 2011). A voice which was prominent in most of BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 141 the women’s narratives was the voice of fear. Melissa shared her experience of fear through her personal definition stating that litigation abuse is: “when somebody uses it, the legal system, whether it be a judge, or whether it be the court, any aspect or any portion of that to try and fear the victim.” Throughout our study, we saw coercive control used within the context of the legal system. Emotional and verbal abuse was shown through the fear felt by most of the women when they spoke of a lack of safety in relationships with ex-partners. During court processes, Lisa described a vivid recollection of fearing for her life as she thought her ex-partner would find a way to kill her. She shares how she would stay at work until late in the evening and was afraid to go home alone. She would sleep deprive herself saying: “I wouldn’t go to bed because you didn’t know, like whether you would wake up in the morning or not.” At times, verbal abuse in the court context was perpetrated by lawyers. Lisa and Sandra shared that their ex’s lawyers would send degrading emails in attempts to break them down before standing in front of the judge. Coercive, intimidating, and threatening behaviours on behalf of the ex-partner through the legal system was evident in our study. For example, Tiana often shared fear in experiencing her ex-partner stalking and coming after her. Following court cases, she would take different routes home as he would often follow her, and because of this she would place locks on her door. Moreover, due to the violence experienced in relationships, going to court was a terrifying experience for most victims. Women were left triggered after having to face their abusers in court and were limited in their ability to effectively navigate the litigation process. These findings are consistent with the literature, that victims entering litigation report feeling constant pressure resulting in post-traumatic stress disorder, exhaustion, nightmares, and fear (Ward, 2016). BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 142 Fear was additionally associated with the financial burden inflicted on the women due to legal fees and court expenses. Research has shown that women entering litigation suffer financially due to legal expenses, loss of jobs, and career opportunities (Ward, 2016). Similar findings in our research show women were devasted by the financial strain in paying for lawyers, or inability to pay for lawyers resulting in using legal aid. For example, Sandra shared the daunting reality of having years of debt due to legal fees which left her feeling as if she was drowning. Hopelessness. The voice of hopelessness was often heard echoing through the narratives as women felt as if their suffering would never end. We hear this voice through many metaphors used to describe litigation abuse such as walking into hell, falling into a black hole, drowning, or treading water for a long time. In examining the literature on intimate partner violence, we see similar threads associated with women’s lack of hope that they will leave the abusive situation. Within the literature we see terms such as “learned helplessness” which is defined as losing the ability to predict that an action will make a particular outcome occur, “or in scientific terms, loss of contingency between response and outcome” (Walker, 2016, p. 75). It appeared through our study and the literature, when women are oppressed for an extended period of time by an abuser, they begin to develop a belief that no matter what actions they take, they will never be free. Within the voice of hopelessness, we also hear the voice of defeat. It is evident through past research and our study that the negative experiences interacting with the legal system led to a mistrust of the system and individuals working in it. In past studies, we see women blame the system because they see it as allowing or enabling the abusive actions of their ex-partners (Douglas, 2018; Ward, 2016). Additionally, women felt that justice was not being delivered because of how easy it was for their ex-partners to maintain control through the system (Douglas, BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 143 2018). Similarly, in our study Sandra shared that she felt justice wasn’t served in her case, and to receive justice she would have to succumb to another legal battle which she felt was not worth the physical, emotional, and mental stress. Likewise, Summer described justice wasn’t served properly because at times it felt like the judge had compassion for her abusive ex-husband. Tiana shared that her trust in authority figures was very low including police, the ministry, and judges. She shared that authority figures looked down upon her because of her situation and this led her down a very dark path. Within these stories we hear the voice of defeat through the mistrust and lack of support through the legal system. Exposure. We developed the term of the voice of exposure through the imagery of being laid open to view, naked, and vulnerable in front of others. Studies indicate that women’s shameful experiences were easily exposed in court and used as a tactic of abuse to win cases (Vollans, 2010). Within our study, we found that intimate details are exposed such as details of sexual relationships, mental health history, and history of abuse. For example, Marlena shared that her ex-partner purposely used her mental health against her to make her appear less favorable in the eyes of the judge. She struggled with mental health prior to experiencing litigation abuse and felt court personnel stigmatized her because of her mental health as no accommodations were made to support her through the court process. Herman’s (2005) research found similar results, in response she states: “Perpetrators of sexual and domestic violence have intimate knowledge that makes it very easy for them to threaten or discredit their victims” (p. 574). Under the voice of exposure, we also heard how women were humiliated and isolated through the court. Particularly in Tiana’s story, we hear the voice of isolation in the pain of having to defend herself against authorities. She felt she was constantly fighting against BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 144 authorities in having to prove herself and her worth repeatedly to the judge. We also heard this through Tiana’s experience of losing friends and family through litigation abuse. Similar findings are seen in past research as isolation is a common tactic used by perpetrators (Vollans, 2010). Abusive tactics used to keep a victim isolated are threats made to those assisting the victim, including her support network, lawyers, friends, and family (Ward, 2016; Vollans, 2010). Voices of Freedom The shift of voice from apprehension to freedom represent a resiliency immerging from within the women. We observed that through facing ongoing barriers associated with litigation abuse, women became empowered as they refused to give up their lives and concede to the demands of the oppressors. These voices developed through an internal self-confidence and external validation from others. This section will examine the voices of freedom and how they relate to current literature on healing and empowerment following litigation abuse and intimate partner violence for women. Rationality. We heard the voice of rationality when women were able to strategize and reason their way through litigation abuse. Litigation abuse was often a disorienting and confusing process, and rationality was heard when women used intellectual reasoning to work through the barriers presented through the court process. At times, we heard this voice as an anchor and coping mechanism used as they navigated their way through legal proceedings. In previous research, we see similar findings which incorporate competence and learning new skills as a key element of the empowerment process following intimate partner violence (Cattaneo & Chapman, 2010). An ongoing cycle of empowerment is developed as women learn new skills in accomplishing a task; this will increase self-efficacy which promotes action to further skill development (Cattaneo & Chapman, 2010). This cycle was seen in our study BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 145 through the voice of rationality as lawyers and support workers guided women in developing skills to help their court cases. This often arose through women learning skills in emotional regulation, wise decision making, and promoting self-encouragement and growth. For example, Melissa shares that before responding emotionally to verbal attacks from her ex-husband, she has learned through counselling to take deep breaths and regulate herself. This ability to regulate and stay balanced is a strategic action in learning to navigate litigation abuse effectively. Empowerment. The voice of empowerment through our research was heard when women claimed power and authority over their lives. Amidst the chaos of litigation abuse, the voice of empowerment indicates women taking control as they slowly move towards freedom. Empowerment is a term within the literature arising through multiple disciplines such as community psychology, multicultural and feminist counselling, and social work (Cattaneo & Chapman, 2010). These perspectives employ empowerment as central to improving human lives through highlighting social, political, and material resources, inequities in the environment, individual strength, community strength, and enhancement of wellbeing through striving towards positive change (Zimmerman, 2000). In searching to define empowerment in their research on intimate partner violence, Cattaneo & Chapman (2010) developed the empowerment process model. They understood empowerment through viewing individual power. They put forth that power is one’s increase of influence in relationships with other people and systems. With this understanding, Cattaneo & Chapman (2010) define empowerment as follows: An iterative process in which a person who lacks power sets a personally meaningful goal oriented toward increasing power, takes action toward that goal, and observes and reflects on the impact of this action, drawing on his or her evolving self-efficacy, knowledge, and BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 146 competence related to the goal (p. 647). Aspects of Cattaneo & Chapman’s (2010) definition of empowerment are found in our study as we see women establish goals and move forward in action towards them. For example, Sandra’s story exemplifies moving towards empowerment by establishing goals to get out of financial debt. In addition, she relies on relationships with friends, family, and legal representatives to pull her through the litigation process. Moreover, Sandra was very reflective through the process and shared how hiking, nature, and travelling would help to ground and connect her towards an inner self-efficacy and knowing. Through this evolving process, she began to heal as we witnessed in her ability to pick up the broken pieces of herself and mold them into strength. Self-assurance. Within our study, we heard the voice of self-assurance comparable to the voice of empowerment, when women declared and took back power from their abusers. However, self-assurance is different from empowerment as it relates more to the relationship the women built with themselves as a resilient and autonomous being apart from others. To reiterate, empowerment involved actions towards a goal, where self-assurance was the deep internal knowing that they could achieve the goal. Under self-assurance we included voices of agency and autonomy. These findings are congruent with previous research which describes self-agency as an individual’s belief about his or her abilities, acknowledging personal power, and experiencing the self as capable and powerful (Gutierrez, 1991; Riger, 1993). In addition, within the literature we see how self-efficacy leads to empowerment (Cattaneo & Chapman’s, 2010). Similarly, the concept of self-assurance within our study led to embodying the voice of freedom. For example, in Tiana’s story we hear the voice of self-assurance as an internal knowing of her resilience and perseverance. During litigation abuse, Tiana’s world was filled with chaos BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 147 and at times it was difficult to find grounding in her experience. However, as we continued listening, we noticed a quiet tone of freedom and strength. This is the tone of self-assurance where she slowly began to find herself again, reclaim a new identity, and take back the power that was stripped from her. Vulnerability. Within our research, we heard the voice of vulnerability arise through the process of healing. We saw vulnerability represent an openness to self-disclose the abuse for the purpose of healing and connecting to others. Previous research examines the healing process of women who have experienced intimate partner violence as a social, spiritual, cultural, and a psychological process involving holistic, integrative, and alternative healing approaches (Allen & Wozniak, 2010). In addition, another study demonstrates healing as an intrapersonal process to overcoming abuse, consisting of an evolving relationship with the self (Flasch et al., 2017). Like past research, Sandra’s healing journey accompanied the voice of vulnerability as she turned towards broken areas within herself. She forced herself to face the pain of what had happened to her, experienced this raw vulnerability, and then developed into a stronger integrated person. As a spiritual process, healing from intimate partner violence involves spiritual practices such as prayer and meditation (Allen & Wozniak, 2010). We found that both Sophie and Lisa demonstrate vulnerability through their ongoing faith in God during litigation abuse. Their faith served as an anchor throughout the litigation process and a tool of recovery. Awareness. The voice of awareness was heard in our study as an older and more experienced voice. Having experienced litigation abuse, the women demonstrate an understanding of themselves and the system which they did not have prior to abuse. Awareness also accompanied healing for the women as they learned and came into acceptance of the abuse they suffered and who they had become as a result. Previous research found similar results by BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 148 examining themes of healing following intimate partner violence (D’Amore et al., 2021). A prominent theme of healing was awareness and insight prompted by women’s ability to discern the self and understand relationships around them (D’Amore et al., 2021). Discerning the self was prominent in our study as we examined voice pertaining to women’s evolvement of self through litigation abuse. For example, Sophie’s voice of awareness came through a voice of reflection as she looked back on who she was during the abuse and who she is now having overcome it 5 years later. She shares that the awareness she gained through the process was needed in her development towards freedom. Awareness of relationships around the women in the context of litigation abuse was crucial for survival. We heard the importance of awareness in relationship through Melissa’s story as she learned how abuse manifested itself in the system, and the relational supports she needed to survive it: “I think slowly with time and with the support, with the help and knowing what to do with my thoughts and emotions. I really think that was the turning point for me.” Through these examples we can see parallels to the literature of how awareness leads to healing and freedom from litigation abuse following intimate partner violence. Contributions to Theory In contributing to theory, we developed a model (See Figure 8) which shows the barriers between voices of apprehension and voices of freedom, within women’s experience of litigation abuse. We labelled the model Beyond the Barrier, as it represents women’s voices alongside the barriers. The barriers are perceived through the eyes of the participants and represent litigation abuse occurring through three spheres of influence: the legal system, the perpetrator, and the self. The model demonstrates multiple interactions between the voices and the barriers. These interactions include a cycle in which voices either remain apprehended or evolve into freedom. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 149 We aim to provide an action focus through introducing strategies to break barriers preventing freedom. In this section, we will describe further how the three spheres of influence exist as a barrier between voices of apprehension and voices of freedom. Moreover, in the section following, we discuss moving into strategic action by proposing a community response in breaking barriers. Figure 8 Beyond the Barrier Model: A strategic model in breaking barriers of litigation abuse. Note: This model demonstrates the voices within women’s experiences of litigation abuse. We see the legal system, the perpetrator, and the self as barriers between women’s voices of apprehension and voices of freedom. We examined oppression perpetrated within litigation abuse through a lens of intersectionality and found multiple systems contributing to that oppression. Previous research on intersectionality explores the complexity of how multiple social systems produce and sustain inequalities (Crenshaw, 1991; King, 1988). Similarly, the barriers within the Beyond the Barrier BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 150 model being the legal system, the perpetrator, and the self all contribute to increased oppression and marginalization of women. Understanding that abuse occurs through multiple relational dynamics is primitive in conceptualizing the negative impact victims suffer throughout the litigation process. Moreover, within our study increased marginalization was found in aspects such as poverty, class disadvantages, mental health stigmas, and lack of resources. From Apprehension to Freedom: Experiences in the Legal System Women in this study experienced the justice system negatively after leaving their abuser. We hear this specifically within the category of voices of apprehension through the specific voices of disbelief, fear, hopelessness, and exposure. Similar findings arise through previous research which demonstrate that the legal system can be ineffective in its response to intimate partner violence towards women (Bemiller, 2008; Burton, 2008; Buzawa & Buzawa, 2003; Fugate et al., 2005; Laing, 2017; Saxton et al., 2018). Specific barriers to freedom, associated with the legal system, include interacting with lawyers, difficulty understanding the family and criminal justice system, uncertainty in sharing detailed information, confusion due to complex jargon used by lawyers, and financial constraints limiting access to legal assistance (Burton, 2008; Fugate et al., 2005). Furthermore, our findings suggest that women experienced oppression due to facing the legal system as a barrier between voices of apprehension and voices of freedom. We often heard women felt trapped in this endless battle. We saw oppression as the exercise of power and control in a cruel and unjust manner. This occurred through multiple avenues including personnel within the legal system, such as judges, lawyers, police, and the Ministry of Children and Family Development. Marlena provided us with a tormenting reality saying: “We were abused but we keep being punished.” Through this one statement, I felt pain in facing the reality BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 151 that a system created to protect continues to victimize. When asked about feeling safe within litigation, we heard multiple women share about a lack of safety. Melissa maintained that “Your safety is compromised ... you don’t have a safety net. You don’t feel like that exists.” Tiana’s experience with safety was similar and she shared that “there is no safety. There’s. Just because you’re, in a court room with all the security they got and whatnot, there is absolutely no security.” It is evident within the women’s stories that they felt punished because the system provided little safety through the court process. It appears that the foundation that makes up the legal system is one of oppression as it has been found to re-victimizes trauma survivors. From Apprehension to Freedom: Interactions with the Perpetrator In previous chapters we defined litigation abuse as a range of tactics used by a perpetrator to continue to abuse, harass, and control their victims through the court. The perpetrator serving as a barrier between voices of apprehension and voices of freedom was the focus of our study. It was through this focus that we examined how the legal system and the self also serve as a barrier between the voices. Focusing on the perpetrator as a barrier, the multiple tactics used to continue abusing victims through the court have been examined in literature. As previously stated, these tactics include using the courts improperly, financial abuse, humiliating and isolating in court, distorting facts in court, and using children (Chewter, 2015; Laing, 2017; Miller & Smolter, 2011; Przekop, 2011; Vollans, 2010; Ward, 2016; Watson & Ancis, 2013). The voices of apprehension developed through the perpetrators use of the system to abuse his victims. These voices include exposure, disbelief, fear, hopelessness, and self-criticism and women faced oppression as a result. The oppression due to the perpetrator maintaining power and control over the women was evident through all narratives. For example, Lisa explained that the abuse from her ex-partner negatively impacted her self-esteem and left her feeling “worse BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 152 than a dirty mop on the floor.” This blow to her self-esteem kept her trapped in negative thinking withholding her from seeking help and moving towards freedom. Threats from the perpetrator targeting women were additionally heard. Sandra’s story included her report of threats: “My ex said, I will drag you through the legal system. We both know you can't afford it. You can't afford to ignore me.” The threats to maintain control over the women through legal proceedings left them paralyzed and unsure on how to move forward. Similar to previous studies, we see in Sandra’s story how her ex-partner abused her financially through the legal system (Laing, 2017; Przekop, 2011; Ward, 2016; Watson & Ancis, 2013). Moreover, our findings echo previous research which examines how women are humiliated and isolated through the court process (Vollans, 2010; Ward, 2016). It was heartbreaking to hear how children were used as pieces in this game of power and control. All the women in our study who have children with their ex-partner experienced this, which was often seen as parental alienation. Sophie shared her frustration with the inability of the system to truly protect children: “This is what I have a hard time with. A system that decides what's in the best interest of the children when they spend no time with them and have no vested interest in them.” When sharing about how her ex-husband used this system to alienate her from the children she shared, “The other party can put on their best behavior, and he is very charming, and likable and funny. He was able to charm and manipulate the system.” In addition, we see how these findings parallel previous studies which demonstrate an abuser distorting fact in court (Chewter, 2015; Ward, 2016; Watson & Ancis, 2013). We saw women disadvantaged as they fumbled around trying to survive the daunting reality that their children could be taken away from them and placed in the hands of their abuser. Marlena states, “I was going crazy, I admit it, like you take a person’s kids away and do all this shit to them.” It was evident that the ability for BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 153 an abuser to use children further oppressed the women, a consistent pattern seen throughout the literature (Ward, 2016; Watson & Ancis, 2013; Laing, 2017; Miller & Smolter, 2011). From Apprehension to Freedom: Connecting with the Self Within our study we noticed how a woman’s relationship with herself served as a barrier between voices of apprehension and voices of freedom. This was often seen as women interacted with their own voices through negative conceptions and feelings towards the self, due to years of abuse within the system and from their ex-partner. Using the Listening Guide methodology, our study naturally led us to hear voices within the self and how they interacted with each other. Therefore, noticing how one’s self serves as a barrier towards freedom came naturally through the analysis process. The specific voices heard were hopelessness and self-criticism. Previous findings of hopelessness occur throughout the literature pertaining to women feeling trapped within the legal system. Within this, constant threats cause mental breakdowns and women feel like they will “never be free” and “never have peace of mind” when dealing with prolonged abuse through the courts (Ward, 2016, p. 455). A deep-rooted sense of hopelessness within the self is formed and women struggle to break free of it. Within our study, hopelessness was familiar to Tiana as she described litigation abuse as: “falling into a black hole ... trying to climb out ... not getting anywhere.” The voice of self-criticism seemed to stem from women’s abusive relationships with their ex-partners and continued within the court process. There was cross-over between emotional experiences of the self which happened within intimate partner violence and those that continued in the litigation process. These negative perceptions of the self prevent women from experiencing freedom. Voices of freedom emerged as women moved out of oppression towards acceptance of self and of the situation. These voices developed from internal resources and support from BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 154 outside sources. Previous literature, examining procedural and distributive justice, found that fair court processes helped victims by positively influencing their mental health (Calton & Cattaneo, 2014). In addition, they found that ensuring victim safety and facilitating trust between the victim and the system led to better health outcomes. Similarly, our study found that victims who were supported by external sources developed voices of empowerment, confidence, and strength. For example, Sophie was supported by a police chief who intervened on her behalf regarding her ex-husband’s abuse. Following this interaction, Sophie said: “somebody finally believed me and heard me.” Due to the support given by the police chief, we heard voices of freedom and empowerment develop as Sophie was no longer facing constant abuse from her ex-husband. As researchers, we witnessed the horrors endured by individuals suffering from litigation abuse. We examined how abuse perpetrated through all three barriers and at times felt hopeless from the stories shared. Alternatively, we heard how women withstood these horrors and fought out of apprehension. Within all narratives, we heard voices of freedom resemble women’s courage in breaking through the barriers, taking back power and control over their lives. Implications for the Study: A Community Response in Breaking Barriers Moving our research forward into a strategic action, we imagined informing a community response towards breaking the barriers which prevent women’s shift of voice from apprehension to freedom. As stated above, these barriers include the legal system, the perpetrator, and the self. Under this framework, I have brought forth ways in which the community can respond to litigation abuse from participant suggestions and through examining the voices as researchers. It is my hope that the voices heard through this research help inform community responses both outside and inside the field of counselling psychology. Employing a transformative paradigm with a feminist lens, we examined the participant BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 155 narratives through a prism of cultural lenses and power issues. Under this framework, we listened for the social, cultural, gender, age, ethnicity, and disability factors that define the women’s realities. From this focus, we saw issues arise preventing an effective response to litigation abuse within communities. A single individual cannot break the barriers alone and therefore a community response is needed in supporting the issues arising through litigation abuse. Areas to be addressed in informing a community response to victims of litigation abuse include an awareness of litigation abuse, resources for victims, a victim centred approach, and continuity of care among professionals. Within this section, I will also include practical application for counsellors working with individuals through litigation abuse. Awareness of Litigation Abuse A common thread among previous studies and our findings is the lack of awareness of litigation abuse within the public (Miller & Smolter, 2011). This includes a lack of awareness from those working in the legal system and those affected by it. Voices which were heard because of the lack of awareness of litigation abuse include hopelessness and exposure as women expressed the loneliness and isolation experienced through abuse. Further information is needed to understand the extent of litigation abuse and its effects on victims. While some judges and lawyers are aware of this issue, there seems to be a lack of acknowledgement and an uncertainty about how to address the issue. At this time, it appears that there are increasing numbers of those suffering from litigation abuse, and this lack of awareness keeps victims silenced and powerless. In our study, some women felt that the social supports provided such as counselling, the Ministry of Child and Family Development and the Legal Services Society lacked knowledge of intimate partner violence and litigation abuse. Furthermore, women felt there was little understanding, empathy, and care from staff members associated with these social supports. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 156 This study brings awareness of litigation abuse to counsellors and how the legal system can be used by perpetrators to abuse victims. Counsellors are often not familiar with legal proceedings, and a deeper awareness of what occurs in the court process may help victims find healing. In addition, helping victims identify the various voices associated with litigation abuse may lead to reconciliation within themselves. Counsellors can then help victims slowly remove the barrier of the self which includes aspects such as self-criticism, self-doubt, shame, and hopelessness. Moreover, a common finding across our research and past studies is that victims often feel isolated and unsupported, leading to negative physical and mental health outcomes. Providing further support by accompanying people on the frightening journey of litigation abuse helps decrease negative mental health outcomes. Resources for Victims Providing resources for victims, including social and financial support is paramount to victim health and breaking through the barriers of voice from apprehension to freedom. In examining the social and cultural factors associated with litigation abuse, we found that participants who were middle to upper class, and who could afford a lawyer were better equipped to deal with the pressures of the legal system. At times we heard their voices as more confident and self-assured than those whose resources were few. Moreover, women who could afford a lawyer had greater social supports and were able to engage in the legal system with fewer mental health issues than those who did not. However, despite social supports, all the women felt that the legal process was isolating and disorienting, and they feared entering court proceedings because of their lack of knowledge of the system. We also noticed that resources were lacking for professionals working in the legal system and social services personnel. Women shared that due to time constraints and limited legal BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 157 resources, judges were unable to read the full file, leading to a naïve understanding of the case. Women felt that court orders were given without a judge’s full understanding of the abuse that occurred in the relationship and litigation abuse. When judges were unable to achieve a full understanding of the case, we heard the women’s voices of fear and disbelief leading to a mistrust in the system. These findings are consistent with a previous study which found that judges lack understanding of domestic violence, and researchers call on judges to make more accurate assessments of the harmful and abusive behaviour done in court (Przekop, 2011). In our study, we also highlighted the lack of resources due to the overwhelming case load of individuals suffering from litigation abuse. We heard many women give accounts of friends who had experienced litigation abuse which consisted of both male and female victims. It appears that there are not enough social supports including mental health resources, social, and financial supports for the immense number of cases. A Victim-Centered Approach Providing a victim-centred approach helps break the barriers of litigation abuse when safety is prioritized for victims and there is trust between the victim and the system. As shared previously, our study found that women experienced a lack of safety when entering the court system and this seemed to be foundational in the development of voices of apprehension. Being placed and questioned on a stand, often in front of an abusive ex-partner leaves women revictimized through the court process (Buzawa & Buzawa, 2003; Laing, 2017). Although intimate partner violence has been extensively researched, and victim services are available, our study shows that women continue to face a lack of safety throughout legal proceedings. Ensuring victim safety must be a top priority in all legislative environments. Litigation abuse occurs because the legal system can be used to maintain power and control over another person. It is BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 158 often challenging to stop individuals from abusing the system in this way because all people have the freedom and the right to use these systems. Therefore, it is my conclusion that stopping litigation abuse is not the answer but providing a victim centred approach to help break through the barriers that litigation abuse creates, is a step forward for society, and a movement towards voices of freedom for individuals suffering from abuse. A victim centred approach also includes building a trust between victims and the legal system. Throughout our study it was evident that the women mistrusted the system because of negative experiences. We often heard women felt isolated in the court process and shame when having to disclose intimate details about their abusive relationships in court. It felt like an emotionally violating experience for victims which led us to identify the voice of exposure. Previous research has examined victim safety and facilitating trust between victims and the system and found that when victims feel safe, it leads to better health outcomes (Calton & Cattaneo, 2014; Colquitt et al., 2001). Moreover, fair court processes have been found to lower depression and increase quality of life, helping victims heal from mental illness. In addition, victim safety may be an ongoing concern outside of court proceedings and facilitating a trust between the victim and the system decreases risk of further abuse and contact by the abuser (Holt et al., 2003). While listening to the development of voice, we saw that a victim centered approach is fundamental in fostering an environment of empowerment towards increasing voices of freedom. Continuity of Care Among Professionals Breaking the barriers caused by litigation abuse include a continuity of care among professionals. Previous studies show that victims constantly have trouble navigating the system and feel overwhelmed, frustrated, and confused throughout the process (Saxton et al., 2018). In BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 159 our research, we found that this is partly due to the many stages associated with entering litigation such as the abusive situation which occurred, police response, filing protection orders, writing affidavits, mediation, retaining a lawyer, preparing for court, and going to court. Within this framework, multiple professionals come in and out of the victim’s life. A common issue which arose for participants was working with many different professionals such as police, lawyers, judge’s, counsellors, and social workers, leading to a felt discontinuity of care. Within this discontinuity we heard voices of confusion as women struggled to know where to turn for help. In addition, when a new professional was introduced to the case, it almost felt like the victim had to start over, reliving the trauma repeatedly. This led to the voices of stuck-ness, devastation, uncertainty, and disorientation. In addition, for an individual who has suffered from relational traumas, the constant shift of support among persons, left them in a hyper aroused and agitated state as they struggled to assess who they could trust. A systemic response which provides safety through continuity of care among professionals is needed in working with cases of intimate partner violence and litigation abuse. It is our understanding that due to lack of resources this is difficult to achieve; however, moving towards this direction must happen within Canadian society. In addition, we often see continued cycles of abuse re-occurring among relationships and in the legal system, providing continuity of care could help to break that cycle as victims are supported and can then build trust in the system, preventing further abuse. Informing Counsellors. Continuity of care among professionals includes an awareness of litigation abuse from counsellors and psychologists. Some participants in our study found counsellors unhelpful because of their lack of knowledge of how perpetrators can manipulate the legal system and continue to abuse victims. Women were not looking for counsellors to fix the issue, as they knew that was an unrealistic goal. However, they craved acknowledgement, BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 160 acceptance, and for someone to validate their experiences. The validation along with working through trauma associated with abuse, helped victims feel more grounded and secure when walking into the court room. Clinical implications for counselling victims through litigation abuse includes an acknowledgement of victims’ voice. Our study found that in experiencing litigation abuse an individual develops multiple layers of voice which interact with each other in positive and negative ways. The voices we heard were often in conflict with each other and the barriers faced in litigation abuse, leaving victims mentally and emotionally dysregulated. Alternatively, we heard how some voices were empowering and led victims towards freedom. When counsellors understand the development and complexity of voice within litigation abuse, they can aid victims to better understand voice and help them reconcile voices that are disconnected. Strengths and Limitations Through employing the listening guide methodology, the present study focused on relationship and allowed the marginalized voices of women suffering from litigation abuse to be heard. Previously silenced within strict legal procedures, our study introduced a welcoming space where women could freely share their experiences. I received feedback from the women, that participation in the study provided healing as some had never gotten the opportunity to freely express their negative interactions with the legal system in fear it would be used against them. We were able to gain in-depth understandings of women’s experiencing of litigation abuse while promoting empowerment. Due to our small sample size of 7 participants the rich details embedded through the women’s narratives along with the illustrations of metaphors, provided a distinctive understanding of the voices present in women’s experiences of litigation abuse, which was BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 161 limited or absent in prior research. The results from the study represent seven different experiences of litigation abuse by women between ages of 34 and 51 years at the time of the interview. Our study is limited as most of the women recruited were Caucasian. To increase transferability, perspectives from women not of Caucasian ethnicity would provide greater awareness for the pervasiveness of litigation abuse among different cultures. In addition, previous research on intersectionality highlights the importance of giving voice and empowering minority groups such as women of colour and homosexuals (Crenshaw, 1991; Grzanka, Santos, & Moradi, 2017; King, 1988; Moradi & Grzanka, 2017). Therefore, our study is limited in portraying the experience of litigation abuse from multiple perspectives, as our sample consisted of Caucasian women who experienced abuse within heterosexual relationships. The design of the study the listening guide, enabled a relational context which brought the researcher into the interpretation process of the results. Although the research aimed to capture the women’s unique voices, the subjective nature of interpreting the women’s experiences of voice leaves space for different interpretations. Due to using a relational methodology, it was impossible to remove bias in my experiences, interpretations, and perspectives from the interpretation of women’s voice in the context of litigation abuse. However, due to the “interpretive communities” which involved multiple research assistants in the analysis process, researcher bias was lessened (Gilligan et al., 2003). Moreover, multiple listenings are at the heart of the listening guide which allowed for rigorous data analysis procedures. Future Directions for Research The results of this study provide an in-depth understanding of the voices present in women’s experiences of litigation abuse. We embarked on a journey of qualitative analysis BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 162 which led us to the Beyond the Barrier Model and suggestions for ways to break the barriers between voices of apprehension and freedom experienced in litigation abuse. While our model answered the research question of what voices exist in the experience of litigation abuse for women, more research is needed to develop process models on development of voice. Under this framework, healing from litigation abuse can be explored in depth, including development of healing models and methods for counsellors and psychologists. The journey does not end here as more research is needed to examine litigation abuse from multiple avenues. These avenues include multi-cultural and multi-gender perspectives. Research of litigation abuse is limited in counselling psychology and more is needed to equip counsellors with knowledge to help victims. Furthermore, research is limited in providing information on how children are being impacted by litigation abuse. Providing greater social supports and advocacy for individuals suffering litigation abuse is critical in helping them heal and escape the damaging cycle of abuse. Moreover, advocacy is needed to bring awareness of litigation abuse to society and social support systems. There is a gap among professional supports to victims between police, social workers, counsellors, psychologists, lawyers, judges, etc. Bridging the gap between social supports, to provide greater support both to professionals and those suffering within the system is needed for an effective response to litigation abuse. Research involving greater community connectivity and response to abuse is necessary to build a foundation of safety needed to stop cycles of abuse. Conclusion The present study was unique in employing a listening guide methodology to examine voice in the experience of litigation abuse following intimate partner violence for women. Our study found multiple voices arise which were organized into two categories: voices of BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 163 apprehension and voices of freedom. In describing the experience of litigation abuse further, we developed the Beyond the Barrier Model which represents how litigation abuse consists of the legal system, the perpetrator, and the self as barriers between voices of apprehension and voices of freedom. The issue of litigation abuse is complex and spans many professional disciplines. Due to this complexity, we are called as community members to work together to provide an effective response to victims. It is my hope that the information learned through this study will encourage the movement towards ending litigation abuse. By providing deep insights into women’s voice, this study aids in further addressing oppression occurring within the legal system in Canada and helps us move towards societal change. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 164 REFERENCES Adams, A. E., Sullivan, C. M., Bybee, D., & Greeson, M. R. (2008). Development of the Scale of Economic Abuse. Violence Against Women, 14(5), 563-588. Allen, K. N., & Wozniak, D. F. (2011). The language of healing: Women’s voices in healing and recovering from domestic violence. Social Work in Mental Health, 9(1), 37–55. Amankwaa, L. (2016). Creating protocols for trustworthiness in qualitative research. Journal of Cultural Diversity, 23(3), 121–127. Anderson, K. L. (1997). Gender, status, and domestic violence: An integration of feminist and family violence approaches. Journal of Marriage and the Family, 59(3), 655-669. Anglin, D., & Mitchell, C. (Eds.). (2009). Intimate partner violence: A Health-Based Perspective. Oxford University Press. Arizona Coalition Against Domestic Violence. (2003). Battered mothers’ testimony project: A human rights approach to child custody and domestic violence. http://diannepost.com/wp-content/uploads/2017/07/fs_bmtp_report.pdf Bandura, A. (1977). Social learning theory. Prentice Hall. Bandura, A. (1978). Social learning theory of aggression. Journal of Communication, 28(3), 12– 29. https://doi.org/10.1111/j.1460-2466.1978.tb01621.x Banks, M. E. (2007). Overlooked but critical: traumatic brain injury as a consequence of interpersonal violence. Trauma, Violence, & Abuse, 8(3), 290–298. https://doi.org/10.1177/1524838007303503 Barner, J. R., & Carney, M. M. (2011). Interventions for intimate partner violence: A historical review. Journal of Family Violence, 26(3), 235-244. https://doi.org/10.1007/s10896-0119359-3 BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 165 Bauer, H. M., Gibson, P., Hernandez, M., Kent, C., Klausner, J., & Bolan, G. (2002). Intimate partner violence and high-risk sexual behaviors among female patients with sexually transmitted diseases. Sexually Transmitted Diseases, 29(7), 411-416. https://doi.org/10.1097/00007435-200207000-00009 Belsky, J. (1980). Child maltreatment: An ecological integration. American Psychologist, 35(4), 320-335. https://doi.org/10.1037/0003-066X.35.4.320 Bemiller, M. (2008). When battered mothers lose custody: A qualitative study of abuse at home and in the courts. Journal of Child Custody: Research, Issues, and Practices, 5(3–4), 228–255. Bograd, M. (1990). Why we need gender to understand human violence. Journal of Interpersonal Violence, 5(1), 132–135. https://doi.org/10.1177/088626090005001013 Bonomi, A. E., Holt, V. L., Martin, D. P., & Thompson, R. S. (2006). Severity of intimate partner violence and occurrence and frequency of police calls. Journal of Interpersonal Violence, 21(10), 1354–1364. https://doi.org/10.1177/0886260506291656 Bradford, B., & Bruce, M. (2004). herStory of woman abuse and PEI justice system. Woman Abuse and The PEI Justice System Research Team of the Muriel McQueen Fergusson Research Centre. http://www.justiceoptions.ca/womanabuseresearch/peifinal.pdf Brown, L. M., & Gilligan, C. (1992). Meeting at the crossroads; Women’s psychology and girls’ development. Harvard University Press. Burczycka, M. (2016). Police-reported intimate partner violence. Family violence in Canada: A statistical profile, 2016 (85-002-X), Section 3. Statistics Canada. https://www150.statcan.gc.ca/n1/pub/85-002-x/2018001/article/54893/03-eng.htm Burton, M. (2008). Legal responses to domestic violence. Routledge. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 166 Buzawa, E. S., & Buzawa, C. G. (2003). Domestic violence: The criminal justice response. Sage Publications. Calton, J., & Cattaneo, L. B. (2014). The effects of procedural and distributive justice on intimate partner violence victims’ mental health and likelihood of future help-seeking. American Journal of Orthopsychiatry, 84(4), 329–340. https://doi.org/10.1037/h0099841 Calvin, R. (2016). Feminist science fiction and feminist epistemology: Four modes. Springer. Campbell, J. C. (2002). Health consequences of intimate partner violence. The Lancet, 359(9314), 1331-1336. https://doi.org/10.1016/S0140-6736(02)08336-8 Cattaneo, L. B., & Chapman, A. R. (2010). The process of empowerment: A model for use in research and practice. American Psychologist, 65(7), 646–659. Cole, E. R. (2008). Coalitions as a model for intersectionality: From practice to theory. Sex Roles: A Journal of Research, 59(5–6), 443–453. https://doiorg.twu.idm.oclc.org/10.1007/s11199-008-9419-1 Collins, K. (2010). Advanced sampling designs in mixed research: Current practices and emerging trends in the social and behavioral sciences. In A. Tashakkori & C. Teddlie (Eds.), Sage handbook of mixed methods in social & behavioral research (pp. 353-378). Sage Publications. https://doi.org/10.4135/9781506335193 Colquitt, J. A., Conlon, D. E., Wesson, M. J., Porter, C. O. L. H., & Ng, K. Y. (2001). Justice at the millennium: A meta-analytic review of 25 years of organizational justice research. Journal of Applied Psychology, 86(3), 425–445. https://doi.org/10.1037/00219010.86.3.425 Condino, V., Tanzilli, A., Speranza, A. M., & Lingiardi, V. (2016). Therapeutic interventions in intimate partner violence: An overview. Research in psychotherapy: psychopathology, BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 167 process and outcome, 19(2), https://doi.org/10.4081/ripppo.2016.241 Cory, J., & McAndless-Davis, K. (2016). When Love Hurts: A woman’s guide to understanding abuse in relationships. New American Library. Chase, K. A., O'Leary, K. D., & Heyman, R. E. (2001). Categorizing partner-violent men within the reactive-proactive typology model. Journal of Consulting and Clinical Psychology, 69(3), 567–572. https://doi.org/10.1037//0022-006x.69.3.567 Chewter, C. L. (2003). Violence against women and children: Some legal issues. Canadian Journal of Family Law, 20(1), 99–178. https://www.lians.ca/sites/default/files/documents/00074313.pdf Crenshaw, K. (1991). Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color. Stanford Law Review, 43(6), 1241-1299. doi:10.2307/1229039 Crowell, N. A., & Burgess, A. W. (Eds.). (1996). Understanding violence against women. American Psychological Association and National Academy Press. https://doi.org/10.1037/10204-000 D’Amore, C., Martin, S. L., Wood, K., & Brooks, C. (2021). Themes of healing and posttraumatic growth in women survivors’ narratives of intimate partner violence. Journal of Interpersonal Violence, 36(5–6), NP2697–NP2724. https://doi.org/10.1177/0886260518767909 Davies, D., & Dodd, J. (2002). Qualitative research and the question of rigor. Qualitative Health Research, 12(2), 279–289. https://doi.org/10.1177/104973230201200211 Dobash, R. E., & Dobash, R. (1979). Violence against wives: A case against the patriarchy. Free Press. Dobash, R. E., & Dobash, R. (2004). Women’s violence to men in intimate relationships: BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 168 Working on a puzzle. The British Journal of Criminology, 44(3), 324-349. http://www.brown.uk.com/domesticviolence/dobash.pdf Douglas, H. (2018). Legal systems abuse and coercive control. Criminology & Criminal Justice: An International Journal, 18(1), 84–99. https://doi.org/10.1177/1748895817728380 Dudley, D. McCloskey, & K. Kustron, D. (2008). Therapist perceptions of intimate partner violence: A replication of Harway and Hansen’s study after more than a decade. Journal of Aggression, Maltreatment & Trauma, 17(1), 80-102. doi: 10.1080/10926770802251031 Dutton, D. G., & Corvo, K. (2007). The Duluth model: A data-impervious paradigm and a failed strategy. Aggression and Violent Behavior, 12(6), 658–667. https://doi.org/10.1016/j.avb.2007.03.002 Evans, M., Hemmings, C., Henry, M., Johnstone, H., Madhok, S., Plomien, A., & Wearing, S. (Eds.). (2014). The Sage Handbook of Feminist Theory. Sage Publications. Flasch, P., Murray, C. E., & Crowe, A. (2017). Overcoming abuse: A phenomenological investigation of the journey to recovery from past intimate partner violence. Journal of Interpersonal Violence, 32(22), 3373–3401. Frey, B. B. (Ed.). (2018). The Sage encyclopedia of educational research, measurement, and evaluation (Vols. 1-4). Sage Publications. http://dx.doi.org/10.4135/9781506326139 Fugate, M., Landis, L., Riordan, K., Naureckas, S., & Engel, B. (2005). Barriers to domestic violence help seeking. Violence Against Women, 11(3), 290–310. https://doi.org/10.1177/1077801204271959 Gelles, R. J. (1972). The violent home: A study of physical aggression between husbands and wives. Sage Publications. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 169 Gelles, R. (1980). Violence in the family: A review of research in the seventies. Journal of Marriage and Family, 42(4), 873-885. https://doi.org/10.2307/351830 Gilligan, C. (2015). The Listening Guide method of psychological inquiry. Qualitative Psychology, 2(1), 69–77. https://doi.org/10.1037/qup0000023 Gilligan, C., Spencer, R., Weinberg, M. K., & Bertsch, T. (2003). On the Listening Guide: A voice-centered relational method. In P. M. Camic, J. E. Rhodes, & L. Yardley (Eds.), Qualitative research in psychology: Expanding perspectives in methodology and design (pp. 157–172). American Psychological Association. https://doi.org/10.1037/10595-009 Gillis, J. R., Diamond, S. L., Jebely, P., Orekhovsky, V., Ostovich, E. M., MacIsaac, K., Sagrati, S., & Mandell, D. (2006). Systemic obstacles to battered women’s participation in the judicial system: When will the status quo change? Violence Against Women, 12(12), 1150–1168. https://doi.org/10.1177/1077801206293500 Golding, J. M. (1999). Intimate partner violence as a risk factor for mental disorders: A metaanalysis. Journal of Family Violence, 14, 99–132. https://doi.org/10.1023/A:1022079418229 Goodman, L., & Epstein, D. (2005). Refocusing on women: A new direction for policy and research on intimate partner violence. Journal of Interpersonal Violence, 20(4), 479–487. https://doi.org/10.1177/0886260504267838 Grzanka, P. R., Santos, C. E., & Moradi, B. (2017). Intersectionality research in counseling psychology. Journal of counseling psychology, 64(5), 453. Gutiérrez, L. (1991). Empowering women of color: A feminist model. In M. Bricker-Jenkins, N. R. Hooyman, & N. Gottlieb (Eds.), Sage sourcebooks for the human services, Vol. 19. Feminist social work practice in clinical settings (p. 199–214). Sage Publications, Inc. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 170 Hage, S. M. (2000). The role of counseling psychology in preventing male violence against female intimates. Counseling Psychologist, 28(6), 797–828. https://doi.org/10.1177/0011000000286003 Hansen, M., Harway, M., & Cervantes, N. (1991). Therapists' perceptions of severity in cases of family violence. Violence and Victims, 6(3), 225-235. Harding, S. G. (Ed.). (2004). The feminist standpoint theory reader: Intellectual and political controversies. Psychology Press. Hattery, A. (2009). Intimate partner violence. Rowman & Littlefield Publishers. Hawkesworth, M. (2012). Truth and truths in feminist knowledge production. In S. N. HesseBiber (Ed.), Handbook of feminist research: Theory and praxis (2nd ed., pp. 92-118). Sage Publications. https://dx.doi.org/10.4135/9781483384740 Heise, L. L. (1998). Violence against women: An integrated, ecological framework. Violence Against Women, 4(3), 262–290. https://doi.org/10.1177/1077801298004003002 Herman, J. L. (2005). Justice from the victim’s perspective. Violence Against Women, 11(5), 571–602. https://doi.org/10.1177/1077801205274450 Hesse-Biber, S. N. (2012). Feminist research: exploring, interrogating, and transforming the interconnections of epistemology, methodology, and method. In S. N. Hesse-Biber (Ed.), Handbook of feminist research: Theory and praxis (2nd ed., pp. 2-26). Sage Publications. https://dx.doi.org/10.4135/9781483384740 Holt, V. L. (2004). Civil protection orders and subsequent intimate partner violence and injury. In B. S. Fisher (Ed.), Violence against women and family violence: Developments in research, practice, and policy. (pp. III–7–1 to III–7–7). https://www.ojp.gov/pdffiles1/nij/199701.pdf#page=256 BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 171 Holt, V. L., Kernic, M. A., Wolf, M. E., & Rivara, F. P. (2003). Do protection orders affect the likelihood of future partner violence and injury? American Journal of Preventive Medicine, 24(1), 16–21. https://doi.org/10.1016/S0749-3797(02)00576-7 Holtzworth-Munroe, A. (2005). Male versus female intimate partner violence: Putting controversial findings into context. Journal of Marriage and Family, 67(5), 1120-1125. https://doi.org/10.1111/j.1741-3737.2005.00203.x Holtzworth-Munroe, A., & Meehan, J. C. (2004). Typologies of men who are maritally violent: Scientific and clinical implications. Journal of Interpersonal Violence, 19(12), 1369– 1389. https://doi.org/10.1177/0886260504269693 Holtzworth-Munroe, A., & Stuart, G. L. (1994). Typologies of male batterers: Three subtypes and the differences among them. Psychological Bulletin, 116(3), 476–497. https://doi.org/10.1037/0033-2909.116.3.476 Htun, M., & Weldon, S., (2012). The civic origins of progressive policy change: Combating violence against women in global perspective, 1975–2005. The American Political Science Review, 106(3), 548-569. https://doi.org/10.2307/23275433 Hunnicutt, G. (2009). Varieties of patriarchy and violence against women: Resurrecting “patriarchy” as a theoretical tool. Violence Against Women, 15(5), 553–573. https://doi.org/10.1177/1077801208331246 Jasinski, J. L. (2001). Theoretical explanations for violence against women. In C. M. Renzetti, J. L. Edleson, R. Kennedy Bergen (Eds.), Sourcebook on violence against women (pp. 521). Sage Publications. Johnson, M. P. (1995). Patriarchal terrorism and common couple violence: Two forms of violence against women. Journal of Marriage and Family, 57(2), 283-294. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 172 https://doi.org/10.2307/353683 Johnson, M. P. (2006). Conflict and control: Gender symmetry and asymmetry in domestic violence. Violence Against Women, 12(11), 1003–1018. https://doi.org/10.1177/1077801206293328 Johnson, M. P. (2009). Domestic violence: The intersection of gender and control. In A. S. Skolnick, J. H. Skolnick (Eds.), Family in Transition (15th ed., pp. 527-538). Pearson Higher Education. https://files.transtutors.com/cdn/uploadassignments/684916_1_familyin-transition.pdf Johnson, M. P., Leone, J. M., & Xu, Y. (2014). Intimate terrorism and situational couple violence in general surveys: Ex-spouses required. Violence Against Women, 20(2), 186207. https://doi.org/10.1177/1077801214521324 Kelly U. A. (2011). Theories of intimate partner violence: from blaming the victim to acting against injustice: Intersectionality as an analytic framework. Advances in Nursing Science, 34(3), E29–E51. https://doi.org/10.1097/ANS.0b013e3182272388 King, D. (1988). Multiple Jeopardy, Multiple Consciousness: The Context of a Black Feminist Ideology. Signs, 14(1), 42-72. http://www.jstor.org/stable/3174661 Koertge, N. (2012). Critical perspectives on feminist epistemology. In Hesse-Biber, S. N. (Ed.), Handbook of feminist research: Theory and praxis (2nd ed., pp. 119-134). Sage Publications. https://dx.doi.org/10.4135/9781483384740 Laing, L. (2017). Secondary victimization: Domestic violence survivors navigating the family law system. Violence Against Women, 23(11), 1314–1335. https://doi.org/10.1177/1077801216659942 Langhinrichsen-Rohling, J., Huss, M. T., & Ramsey, S. (2000). The clinical utility of batterer BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 173 typologies. Journal of Family Violence, 15(1), 37-53. https://doi.org/10.1023/A:1007597319826 Levinson, D. (1989). Family violence in cross-cultural perspective. Sage Publications. Legal Services Society. (2021) If your spouse is harassing you through the courts. Family Law. https://familylaw.lss.bc.ca/abuse-family-violence/it-abuse/if-your-spouse-harassing-youthrough-courts Lincoln, Y. S., & Guba, E. G. (1985). Naturalistic inquiry. Newbury Park, CA: Sage Publications. Loh, J. (2013). Inquiry into issues of trustworthiness and quality in narrative studies: A perspective. Qualitative Report, 18(33), 1-15. https://doi.org/10.46743/21603715/2013.1477 Martin, D. (1981). Battered wives (Rev. ed.). Volcano Press. Martínez-Alemán, A. M., Pusser, B., & Bensimon, E. M. (Eds.). (2015). Critical approaches to the study of higher education: A practical introduction. Johns Hopkins University Press. Mechanic, M. B., Weaver, T. L., & Resick, P. A. (2008). Mental health consequences of intimate partner abuse: A multidimensional assessment of four different forms of abuse. Violence Against Women, 14(6), 634-654. Mertens, D. M. (2015). Research and evaluation in education and psychology: Integrating diversity with quantitative, qualitative, and mixed designs (4th ed.). Sage Publications. Mertens, D. M. (2007). Transformative paradigm: Mixed methods and social justice. Journal of mixed methods research, 1(3), 212-225. https://doi.org/10.1177/1558689807302811 Mertens, D. M. (2008). Transformative research and evaluation. Guilford press. Miller, S. L. (2001). The paradox of women arrested for domestic violence: Criminal justice BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 174 professionals and service providers respond. Violence Against Women, (7)12, 1339-1376. https://doi.org/10.1177/10778010122183900 Miller, S. L., & Smolter, N. L. (2011). “Paper abuse”: When all else fails, batterers use procedural stalking. Violence Against Women, 17(5), 637–650. https://doi.org/10.1177/1077801211407290 Mills, J., & Birks, M. (2014). Qualitative methodology: A practical guide. Sage Publications. https://dx.doi.org/10.4135/9781473920163 Moradi, B., & Grzanka, P. R. (2017). Using intersectionality responsibly: Toward critical epistemology, structural analysis, and social justice activism. Journal of Counseling Psychology, 64(5), 500–513. https://doi-org.twu.idm.oclc.org/10.1037/cou0000203 Nicolaidis, N., & Paranjape, A. (2009). Defining intimate partner violence: Controversies and implications. In D. Anglin & C. Mitchell (Eds.), Intimate partner violence: A healthbased perspective (pp. 19-30). Oxford University Press. Neilson, C. L. (2017). Responding to domestic violence in family law, civil protection & child protection cases. Canadian Legal Information Institute. http://www.canlii.org/t/ng O’Leary, K.D. (1988). Physical aggression between spouses: A social learning theory perspective. In V. B. Van Hasselt, R. L. Morrison, A. S. Bellack & M. Hersen (Eds.), Handbook of family violence (pp. 31-55). Springer. https://doi.org/10.1007/978-1-47575360-8_3 Patton, M. Q. (2014). Qualitative research & evaluation methods: Integrating theory and practice. Sage Publications. Pence, E., Paymar, M., & Ritmeester, T. (1993). Education groups for men who batter: The Duluth model. Springer Publishing Company. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 175 Ponterotto, J. G. (2010). Qualitative research in multicultural psychology: Philosophical underpinnings, popular approaches, and ethical considerations. Cultural Diversity and Ethnic Minority Psychology, 16(4), 581–589. https://doi.org/10.1037/a0012051 Ponterotto, J., Park-Taylor, J. & Chen, E. (2017). Qualitative research in counselling and psychotherapy: History, methods, ethics, and impact. In C. Willig & W. Rogers (Eds.), The Sage Handbook of qualitative research in psychology (pp. 496-517). London: Sage Publications. https://dx.doi.org/10.4135/9781526405555.n29 Przekop, M. (2011). One more battleground: Domestic violence, child custody, and the batterers’ relentless pursuit of their victims through the courts. Seattle Journal for Social Justice, 9(2), Article 14. https://digitalcommons.law.seattleu.edu/sjsj/vol9/iss2/14 Rancher, C., Jouriles, E. N., & McDonald, R. (2018). Intimate partner violence, police involvement, and women’s trauma symptoms. Journal of Interpersonal Violence, 36(78), NP3510-NP3523. https://doi.org/10.1177/0886260518780409 Ratner, P. A. (1993). The incidence of wife abuse and mental health status in abused wives in Edmonton, Alberta. Canadian Journal of Public Health, 84(4), 246–49. Riger, S. (1993). What's wrong with empowerment. American Journal of Community Psychology, 21(3), 279–292. https://doi.org/10.1007/BF00941504 Romans, S., Forte, T., Cohen, M. M., Du Mont, J., & Hyman, I. (2007). Who is most at risk for intimate partner violence? A Canadian population-based study. Journal of Interpersonal Violence, 22(12), 1495–1514. https://doi.org/10.1177/0886260507306566 Romm, N. R. A. (2015). Reviewing the transformative paradigm: A critical systemic and relational (Indigenous) lens. Systemic Practice and Action Research, 28(5), 411-427. https://doi.org/10.1007/s11213-015-9344-5 BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 176 Saunders, D. G. (1986). When battered women use violence: Husband abuse or self-defense? Violence and Victims, (1)1, 47-60. https://doi.org/10.1891/0886-6708.1.1.47 Saxton, M. D., Olszowy, L., MacGregor, J. C. D., MacQuarrie, B. J., & Wathen, C. N. (2018). Experiences of intimate partner violence victims with police and the justice system in Canada. Journal of Interpersonal Violence, 36(3-4), NP2029-2055NP. https://doi.org/10.1177/0886260518758330 Schultz, L. G. (1960). The wife assaulter. Journal of Social Therapy, 6, 103–111. Seligman, M. E. (1972). Learned helplessness. Annual Review of Medicine, 23(1), 407-412. https://www.annualreviews.org/doi/pdf/10.1146/annurev.me.23.020172.002203 Shepard, M. F., & Campbell, J. A. (1992). The Abusive Behavior Inventory: A measure of psychological and physical abuse. Journal of Interpersonal Violence, 7(3), 291–305. https://doi.org/10.1177/088626092007003001 Sillito, C. L. (2012). Physical health effects of intimate partner abuse. Journal of Family Issues, 33(11), 1520–1539. https://doi.org/10.1177/0192513X12448742 Sinko, L., James, R., & Hughesdon, K. (2021). Healing after gender-based violence: A qualitative metasynthesis using meta-ethnography. Trauma, Violence, & Abuse. https://doi.org/10.1177/1524838021991305 Snell J. E., Rosenwald R. J., & Robey A. (1964). The wifebeater's wife: A study of family interaction. Archives of General Psychiatry, 11(2), 107–112. https://doi.org/10.1001/archpsyc.1964.01720260001001 Straus, M. A. (1971). Some social antecedents of physical punishment: A linkage theory interpretation. Journal of Marriage and Family, 33(4), 658-663. https://doi.org/10.2307/349438 BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 177 Straus, M. A. (1991). Discipline and deviance: Physical punishment of children and violence and other crime in adulthood. Social Problems, 38(2), 133–154. https://doi.org/10.1525/sp.1991.38.2.03a00010 Straus, M., & Gelles, R. (1986). Societal change and change in family violence from 1975 to 1985 as revealed by two national surveys. Journal of Marriage and Family, 48(3), 465479. http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.295.3764&rep=rep1&type=pdf #page=478 Straus, M. M. A., Gelles, R. J., & Steinmetz, S. K. (Eds.) (1988). Behind closed doors: Violence in the American family. Transaction Publishers. Stephens, B. J., & Sinden, P. G. (2000). Victims’ voices: Domestic assault victims’ perceptions of police demeanor. Journal of Interpersonal Violence, 15(5), 534–547. https://doi.org/10.1177/088626000015005006 Sutton, J., & Austin, Z. (2015). Qualitative research: Data collection, analysis, and management. The Canadian Journal of Hospital Pharmacy, 68(3), 226–231. https://doi.org/10.4212/cjhp.v68i3.1456 Swan, S. C., & Snow, D. L. (2002). A typology of women's use of violence in intimate relationships. Violence against women, 8(3), 286-319. Tierney, K. (1982). The battered women movement and the creation of the wife beating problem. Social Problems, 29(3), 207-220. https://doi.org/10.2307/800155 Tjaden, P., & Thoennes, N. (2000). Prevalence and consequences of male-to-female and femaleto-male intimate partner violence as measured by the National Violence Against Women Survey. Violence Against Women, 6(2), 142–161. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 178 https://doi.org/10.1177/10778010022181769 Tweed, R. G., & Dutton, D. G. (1998). A comparison of impulsive and instrumental subgroups of batterers. Violence and Victims, 13(3), 217-230. https://doi.org/10.1891/08866708.13.3.217 Vollans, A., (2010). Court-related abuse and harassment: Leaving an abuser can be harder than staying. YMCA Vancouver. https://ywcavan.org/sites/default/files/resources/downloads/Litigation%20Abuse%20FIN AL.pdf Walker, L. E. (1980). The battered woman. Harper & Row. Walker, L. E. (2016). The battered woman syndrome. Springer publishing company. Ward, D. (2016). In her words: Recognizing and preventing abusive litigation against domestic violence survivors. Seattle Journal for Social Justice, 14(2), Article 11. https://digitalcommons.law.seattleu.edu/sjsj/vol14/iss2/11 Watson, L. B., & Ancis, J. R. (2013). Power and control in the legal system: From marriage/relationship to divorce and custody. Violence Against Women, 19(2), 166–186. https://doi.org/10.1177/1077801213478027 Weaver, T. L., Sanders, C. K., Campbell, C. L., & Schnabel, M. (2009). Development and preliminary psychometric evaluation of the domestic violence—Related Financial Issues Scale (DV-FI). Journal of interpersonal violence, 24(4), 569-585. https://doi.org/10.1177/0886260508317176 World Health Organization. (2010). Understanding and addressing violence against women. https://www.who.int/reproductivehealth/publications/violence/rhr12_36/en/ Zimmerman, M. A. (2000). Empowerment theory. In Handbook of community psychology (pp. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 43-63). Springer, Boston, MA. 179 BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 180 APPENDIX A Pilot study Results I found five main themes: trauma symptoms not recognized within the courts, litigation abuse as an extension of intimate partner violence, misuse of power in the courts by judges and lawyers, navigating difficult emotions, and finding meaning in suffering. I found an additional subtheme for trauma symptoms not recognized within the courts: a need for a trauma informed system. Trauma Symptoms Not Recognized Within the Courts It was evident throughout the participant’s story that trauma symptoms were not recognized in court. The participant shared that due to a previous car accident, she suffered brain damage and PTSD; which put her in a vulnerable position entering the court system. She describes her difficulty navigating the system due to these symptoms: “because of the ... amount of ... I guess trauma and ... abuse and ... dealing with the stuff from the car accidents ... it was really difficult, I was not in a mind space, a space to understand a lot of what was going on.” Entering the courts was traumatic because of their inability to recognize trauma symptoms. This left the participant at a disadvantage in winning her case: “What the trauma did was make me come across in court as like a very emotional ... uh ... and and possibly hostile ... but in that moment those moments of just I guess I was triggered every time I had to go to court.” It was additionally very triggering for the participant to see her abuser face-to-face in court: “having to see him and having to hear him lie ... and mislead people just, even the sound of his voice like so triggering to me that it makes me physically makes me puke.” A need for a trauma informed system There is an evident need for a trauma informed system. This includes an awareness of BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 181 the psychological and emotional effects of trauma and how they may influence an individual’s ability to effectively navigate the court system. This subtheme illustrates the social construction of reality in the court’s expectation for individuals to appear free of emotion or trauma symptoms. This image is less than ideal for individuals suffering from trauma and additionally has the power to worsen their symptoms. Litigation Abuse as an Extension of Intimate Partner Violence Litigation abuse is not recognized within the courts as a tool used by an abuser to further harass their victims. The participant described her partners ability to prey on her vulnerabilities because of their previous close connection: “He knew he knew exactly how to sort of pounce on me and what my vulnerabilities were because you know, he was my my intimate partner.” The partner additionally used the system to retain power and control in the relationship: “He took the things he knew would hurt me the most and did those as much as he could and do yeah drag me through this litigation campaign and ... take whatever steps he could to let me know that he was in charge and he was in control and I ... was basically nothing.” This theme illustrates not only the perpetrator’s desire to simply win a court case, but his vicious actions to annihilate the victim through the courts: “He relentlessly pursued to destroy me every avenue that he could. He did it through the court system.” Misuse of Power in the Courts by Judges and Lawyers Abuse was further perpetrated in the courts by judges and lawyers. Not only was the judge unaware of trauma symptoms but she additionally showed bias in an allegiance to the perpetrator. A large component of this theme was the misuse of power by the judge within the system: “I feel that people are just given especially this judge are given far too much power and she is using her power as it is not intended to be used and I just uhh I fear that this will continue BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 182 to happen to other people, this cycle of abuse because now she’s basically taking it upon herself to extend the same abuse that my husband did to me on his behalf.” The misuse of power was also seen by the lawyers who used the case for their own benefit in financial gain rather than truly helping their client. The participant shared that a lawyer she hired to represent her saw her vulnerabilities and used them against her for his own benefit: “I had a lawyer who basically took ... yeah, he took ... all the money that existed after I sold my house and basically also did litigation abuse against me.” The interaction of social construction and reality is seen through this theme. The misuse of power in the courts is a part of a larger societal issue which is socially constructed. The hierarchal organization structure in which the court system operates encourages unequal power struggles in society. This leads to oppression of those who do not hold positions of power including, in this case, trauma survivors and victims of intimate partner violence. Navigating Difficult Emotions Throughout the entire narrative the participant demonstrated a difficulty understanding and navigating difficult emotions. About the onset of the abuse the participant showed an array of emotion including embarrassment and shame: “I was embarrassed that I had picked an unhealthy person. I felt ashamed of myself, and ashamed for choosing him.” The heightened emotional state which the abuse created put the participant at a disadvantage when entering the courts and was used against her: “I’ve cried a lot of times and in court and I understand that that is one thing that is for sure used against me.” Within this inhumane court structure, the participant shared feeling a violation of basic human rights which created tremendous emotional and psychological pain and anguish: “I’m so sad ... I’m heartbroken ... this behavior of my ex and the court is cruel and it’s criminal and it hurts so much.” The participant additionally shared BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 183 a confusion associated with the entire litigation experience. She often lived in a state of disbelief and shock in how her case had unfolded. She demonstrated this confusion using a metaphor of a “twilight zone”: “I just ... I cannot it’s like being ... dealing with this court situation is like being in the twilight zone. Like is this really happening like ... it’s so umm it’s unbelievable it’s unbelievable. It’s insanity.” This array of emotion leading to confusion and uncertainty demonstrated the internal processes and experiences of litigation abuse following intimate partner violence. Finding Meaning in Suffering The interview ended with asking the participant how litigation abuse is impacting her now and what changes she has felt after experiencing litigation abuse. The participant expanded on finding meaning within her suffering: “I was brought into this for a reason, maybe it’s to help other people or change things for people who may go through this after me.” These findings correlate with a deeper life meaning and purpose which goes beyond the individual but connects to others within a broader social context. During the debriefing process the participant additionally shared that “Each time we share our truth, it allows us the freedom to breathe and ask, what am I learning and how can this story serve the world.” This story of litigation abuse is connected to a grander narrative in its connection to others, and through this connection, meaning is found. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 184 APPENDIX B Interview Protocol and Debriefing Thank you for agreeing to participate in this study, and for your willingness to share about your experience of litigation abuse following intimate partner violence. You may or may not have come across the term “litigation abuse”. This term refers to the use of the legal system by a perpetrator to extend abusive tactics towards victims. The purpose of this project is to raise awareness of the abuse suffered by women from their partners within the litigation process. This will be done through allowing women to share their experiences of litigation abuse in a safe environment. Not a lot has been studied about litigation abuse, and I am hoping this study can increase awareness about what it is to the broader community. The information you share will remain confidential. I will be recording the interview which will be kept in a password protected electronic file and stored on a password protected laptop, keeping your information secure. You have the right to withdraw from the study at any moment without consequence. If you feel uncomfortable at any time, or if you have any questions, please do not hesitate to let me know. Interview Protocol The following questions are just illustrative of the kinds of questions that may be asked during the interview. 1. How do you understand litigation abuse? 2. How did you generally see the world before, during, and after the time this happened? The following are possible probes that may be asked to help those who have had little opportunity to pause and reflect about their relationship: a. How did your view of the world change? (Sense of support, marginalization, people you can identify with or see as othered). b. Can you reflect on your view of safety and protection in the world? 3. Tell me about the most significant relationships (for yourself) positive and negative during the time you experiences litigation abuse? 4. During this time of litigation abuse how would you describe your relationship with yourself? The following are possible probes that may be asked to help those who have had little opportunity to pause and reflect about the abuse: a. Can you reflect on your strengths and weaknesses? b. How did you experience yourself regarding: rejection vs. acceptance, silence vs. agency, kindness/compassion vs. criticism/condemnation? 5. How did you come to realize you were being abused through the legal system? BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 185 APPENDIX C Resource Sheet It is possible that participation in this study may bring up emotional or psychological distress for you. This sheet lists possible resources for you if you wish to speak to someone about your discomfort or distress: Emergency Services - 911 In any situation where harm to yourself or another person seems likely in the immediate future, please call emergency services. Fraser Valley Crisis Line - 1-604-951-8855 or 1-877-820-7444 The crisis line is a free service, available 24 hours a day, 7 days a week. They are happy to speak with you about any kind of emotional distress. Fraser River Counselling - 1-604-513-2113 This is a community counselling program in Langley designed to provide counselling services at a very low cost for those whom typical counselling is financially inaccessible. Ishtar Women’s Resource Society - 604-534-1011 ext. 239 Ishtar is in Langley and provides individual and group counselling programs from women who have experienced violence in their intimate relationships. Sara for Women - 604-855-3363 Sara provides individual and group counselling programs from women who have experienced violence in their intimate relationships. They have two offices located in Mission and Abbotsford. Thrive Life Counselling and Wellness – 778-239-2962 This is a low-cost counselling service in Langley B.C. for a variety of issues including traumarelated and affiliated concerns such as PTSD, anxiety, dissociation, depression, etc. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 186 APPENDIX D Informed Consent Form Principle Investigator: Nicole Kragt, MA Counselling Psychology Student, 250-961-6209, Nicole.Kragt@mytwu.ca Instructor/Supervisor: Deepak Mathew, Counselling Psychology Department, 604-513- 2121 ext. 3351. Deepak.Mathew@twu.ca Purpose and Benefits: You have been invited to participate in this study because your experiences of litigation abuse following intimate partner violence is of great interest and value. The purpose of this thesis is to gain awareness of the abuse suffered by women from their partners within the litigation process. You will be asked to participate in one interview, which will be approximately 1-2 hours in length. You will additionally be asked to participate in a follow up interview to discuss the research findings, which will be approximately 30 minutes to 1 hour in length. Potential benefits to participants and/or to society: Completing this audio recorded interview will provide you with an opportunity to share your story of litigation abuse in a supportive environment. This study seeks to empower you as a victim of violence to develop a voice where you may have not had one before. The benefit of this study towards the community is to provide education and awareness of the difficulties women face navigating the court system following abuse. These insights could then benefit other professionals working in the field including police, social workers, victim service representatives, and lawyers. Potential Risks and Discomforts: You may experience distress as a result of being asked to share your personal experiences with an unfamiliar person. The principal investigator will make every effort to minimize any distress or discomfort you may experience as a result of participating in the research process. Your questions are welcomed throughout your participation. Your wellbeing is of utmost importance. Should you experience emotional distress as a result of the interview process, you are encouraged to seek counselling through one of the agencies listed on the attached information sheet. Confidentiality: All your responses will be completely confidential. Your anonymity will be protected, and any identifying information will not be associated with your responses. Only the researchers working on this project will have access to the information that you provide. The primary investigator will store any electronic data on a password-protected computer for a minimum of 1 year. Data may be stored anonymously for future use. Incentives: Participants will be given a gift certificate ($50) to amazon. Contact: If you have any questions or desire further information with respect to this study, you may contact the principal investigator Nicole Kragt at 250-961-6209 or the supervisor Deepak Mathew at 604-513-2121 ext. 3351. If you have any concerns about your treatment or rights as a research participant, you may contact Elizabeth Kreiter in the Office of Research, Trinity BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 187 Western University at 604-513-2142 or elizabeth.kreiter@twu.ca. Consent: Your participation in this study is entirely voluntary, and you are free to withdraw from the study at any time without consequence. Your interview recordings and transcripts will be destroyed upon your written or verbal request to withdraw from the study. Your signature below indicates that you have received a copy of this consent form for your own records. Your signature below also indicates that you consent to participate in this study and that your responses may be put into anonymous form and kept indefinitely for further use after the completion of this study. __________________________________________ Subject Signature __________________________________________ Printed Name of Subject Signing Above __________________________________________ Principal Investigator’s Signature ___________________ Date BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 188 APPENDIX E Letter of Initial Contact Dear _________________, Thank you for your expressed interest in participating in my thesis research project. Intimate partner violence is a global issue seen in multiple forms of abuse such as physical, emotional, verbal, sexual, and financial. Prior studies have shown that approximately one in four women will experience different forms of intimate partner violence in their lifetime. However, more research is needed in examining women’s experiences after leaving the abuse. Often women face legal proceedings with their ex-partners. They seek to gain justice and protection within the legal system, but instead experience continued abuse. The use of the legal system by a perpetrator to continue abuse towards their victim is entitled legal systems abuse or litigation abuse. The purpose of this project is to raise awareness of the abuse suffered by women within the litigation process. I additionally hope that this study will provide you a safe place to share your story, and to increase awareness of litigation abuse to the broader community. Participation will involve one interview, each approximately 1 to 2 hours in length. This interview will be digitally recorded and kept on a locked USB drive. During the interview you will be asked to share your experience of litigation abuse following intimate partner violence. After the first interview, a summary of the findings will be sent to you via email to review. We will then schedule a second interview which will consist of 30 minutes to 1 hour to give you the opportunity to discuss the findings and share additional thoughts or comments. This will also be a time for you to examine if the findings are congruent to your experience of litigation abuse. Any information that is obtained in connection with this study and can be identified with you will remain confidential and will be disclosed only with your permission. Any identifying information; the list that matches your real name and the locked USB drive will be kept in a locked filing cabinet separate from the data. The only individuals who will have access to confidential identifying information as well as non-identifying data will be those individuals directly involved in the research study. After the study, interview transcripts and other data will be retained and stored in a secure area. All interview recordings will be completely erased. Your participation in this study is entirely voluntary, and you will be free to withdraw from the study at any time without consequence, should you feel uncomfortable at any time. Thank you again for your interest in participating in my thesis project. Sincerely, Nicole Kragt MA Counselling Psychology Student Trinity Western University BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 189 APPENDIX F Confidentiality Agreement This form may be used for individuals conducting specific research tasks, e.g., recording or editing image or sound data, transcribing, interpreting, translating, entering data, destroying data. I___________________________, as a research assistant agree too: 1. Keep all the research information shared with me confidential by not discussing or sharing the research information in any form or format (e.g., USB sticks, printed material, transcripts) with anyone other than Nicole Kragt. 2. Keep all research information in any form or format (e.g., USB sticks, printed material, transcripts) secure while it is in my possession. 3. Return all research information in any form or format (e.g., USB sticks, printed material, transcripts) to Nicole Kragt when I have completed the research tasks. 4. After consulting with Nicole Kragt, erase or destroy all research information in any form or format regarding this research project that is not returnable to the Researcher (e.g., information stored on computer hard drive). Assistant Researcher: (Print Name) (Signature) (Date) BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 190 APPENDIX G Debriefing Letter Dear _________________, Thank you for participating in this research on women’s experiences of litigation abuse. Your participation has helped us to gain awareness of the abuse suffered by women from their partners within the litigation process. You have the right to withdraw your data from the study at any time during the analyzing period. Please contact Nicole Kragt by (date) if you would like to withdraw your data from the study. It will not be possible to withdraw data after (date) because the results will be analyzed and used in the thesis research project. All your personal information will be confidential, and your identifying information will be fully anonymous and unidentifiable in the final project. If you have any questions or desire further information with respect to this study, you may contact Nicole Kragt at 250-961-6209, Nicole.Kragt@mytwu.ca If you have any concerns about your treatment or rights as a research participant, please contact Elizabeth Kreiter in the Office of Research, Trinity Western University at 604-513-2167 or researchethicsboard@twu.ca. BEYOND THE BARRIERS: WOMEN’S VOICES IN LITIGATION ABUSE 191 APPENDIX H Follow-up Interview Prompts Thank you for agreeing to participate in a follow up interview. During this interview we will review the study, and the results and findings from the first interview. I would encourage you to share your thoughts and feelings freely. The purpose of this follow up interview is to check that you feel the results are accurate and reflect your experience of litigation abuse. I will additionally ask you a few questions and offer an opportunity for you to debrief and ask me any questions. Question: 1. After reading through the results and findings from our first interview, do you feel that it is an accurate representation of the content that was covered? 2. What stands out to you? 3. Is there anything you would change or clarify about the findings? 4. Does anything surprise you? 5. Is there anything that was not discussed in our previous interview which you would like to include into the results? Is there anything that was included that you’d like to exclude from the results? 6. Have you discovered anything new about yourself during this process? 7. What are you taking away from participating in this study? 8. Do you have any questions for me?