How Personality Disorders Drive Family Court Litigation – Part 2

Personality Disorders Appearing in Family Court

by Bill Eddy, Esquire, L.C.S.W.

Probably the most prevalent personality disorder in family court is Borderline Personality Disorder (BPD)
more commonly seen in women. BPD may be characterized by wide mood swings, intense anger even at benign events, idealization (such as of their spouse — or attorney) followed by devaluation (such as of their spouse — or attorney).

Also common is Narcissistic Personality Disorder (NPD) — more often seen in men. There is a great preoccupation with the self to the exclusion of others. This may be the vulnerable type, which can appear similar to BPD, causing distorted perceptions of victimization followed by intense anger (such as in domestic violence or murder, for example the San Diego case of Betty Broderick). Or this can be the invulnerable type, who is detached, believes he is very superior and feels automatically entitled to special treatment.

Histrionic Personality Disorder also appears in family court, and may have similarities to BPD but with less anger and more chaos. Anti-social Personality Disorder includes an extreme disregard for the rules of society and very little empathy. (A large part of the prison population may have Anti-social Personality Disorder. ** The Institute will be writing more about the Anti Social/socio-psychopath in next months article about Anti-Socials in the legal system.)

Dependent Personality Disorder is common, but usually is preoccupied with helplessness and passivity, and is rarely the aggressor in court — but often marries a more aggressive spouse, sometimes with a personality disorder.

Cognitive Distortions and False Statement

Because of their history of distress, those with personality disorders perceive the world as a much more threatening place than most people do. Therefore, their perceptions of other people’s behavior is often distorted — and in some cases delusional. Their world view is generally adversarial, so they often see all people as either allies or enemies in it. Their thinking is often dominated by cognitive distortions, such as: all-or-nothing thinking, emotional reasoning, personalization of benign events, minimization of the positive and maximization of the negative. They may form very inaccurate beliefs about the other person, but cling rigidly to those beliefs when they are challenged — because being challenged is usually perceived as a threat.

People with personality disorders also appear more likely to make false statements. Because of the thought process of a personality disorder, the person experiences interpersonal rejection or confrontation much more deeply than most people. Therefore the person has great difficulty healing and may remain stuck in the denial stage, the depression stage, or the anger stage of grief — avoiding acceptance by trying to change or control the other person.

Lying may be justified in their eyes — possibly to bring a reconciliation. (This can be quite convoluted, like the former wife who alleged child sexual abuse so that her ex-husband’s new wife would divorce him and he would return to her — or so she seemed to believe.) Or lying may be justified as a punishment in their eyes. Just as we have seen that angry spouse may kill the other spouse, it is not surprising that many angry spouses lie under oath. There is rarely any consequence for this, as family court judges often believe the truth cannot be known — or that both are lying.

Projection

Just as an active alcoholic or addict blames others for their substance abuse, those with personality disorders are often preoccupied with other people’s behavior while avoiding any examination of their own behavior. Just as a movie projector throws a large image on a screen from a hidden booth, those with personality disorders project their internal conflicts onto their daily interactions — usually without knowing it. All the world is a stage — including court.

It is not uncommon in family court declarations for one with a personality disorder to claim the other party has characteristics which are really their own (“he’s manipulative and falsely charming” or “she’s hiding information and delaying the process”), and do not fit the other party. Spousal abusers claim the other is being abusive. Liars claim the other is lying. (One man who knew he was diagnosed with a Narcissistic Personality Disorder claimed his wife also had an NPD simply because she liked to shop.)


William A. (”Bill”) Eddy is co-founder and president of High Conflict Institute, LLC, in Scottsdale, Arizona and Senior Family Mediator at the National Conflict Resolution Center in San Diego, California. He is a Certified Family Law Specialist in California with fifteen years’ experience representing clients in family court. Prior to becoming an attorney in 1992, he was a Licensed Clinical Social Worker with twelve years’ experience providing therapy to children, adults, couples and families in psychiatric hospitals and outpatient clinics.

He is the author of several books, including “High Conflict People in Legal Disputes” (Janis Publications, 2006), and “Splitting: Protecting Yourself While Divorcing a Borderline or Narcissist (Eggshells Press, 2004). Bill has become an international speaker on the subject of high-conflict personalities, providing seminars to attorneys, mediators, collaborative law professionals, judges, ombudspersons and others.

Purchase Bill Eddy’s books:

High Conflict People in Legal Disputes

* All content does not necessarily reflect the opinion of The Institute.