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Domestic Violence Presented by: Kathy Walsh Executive Director of TCADSV

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Title: Domestic Violence Presented by: Kathy Walsh Executive Director of TCADSV


1
Domestic Violence Presented by Kathy
WalshExecutive Director of TCADSV
  • The Tennessee State Victim Assistance Academy
  • July 19, 2007

2
Learning Objectives
  • Increase understanding of
  • Dynamics of domestic violence
  • Advocacy for domestic violence victims
  • Effects of domestic violence on children

3
Learning Objectives
  • Relevant federal and state domestic violence
    laws.
  • Promising practices that address domestic
    violence issues.

4
Victims Killed and Assaulted
  • Each year, 7 of all American women will be
    physically abused by their spouse or partner.
  • 14 of all American women acknowledge having been
    violently abused by a husband or boyfriend.
  • In 1998, one-third of all murdered females were
    killed by an intimate partner.
  • 75 of domestic homicides occur after the victim
    has left the perpetrator.
  • 45 of female intimate violence victims in 1998
    lived in households with children younger than 12
    years old.

Section One, Handout 2
5
Victims Killed and Assaulted
  • Victims of family violence are overwhelmingly
    female 71 for family violence versus 58 for
    all other types of violence.
  • Intimate violence is primarily a crime against
    women. In 1996, females were the victims of
    about 75 of murders of intimates and about 85
    of non lethal intimate violence.

Section One, Handout 1
6
2006 TBI Stats
  • 80,575 domestic related crimes were reported
  • 73 of victims were female and 27 were male
    (just slightly over half of TNs population is
    female)

7
2006 TBI Stats
  • Race of Victim
  • 59 White (compared to about 80 of the total
    population)
  • 38 African American (compared to about 17 of
    the total population)

8
2006 TBI Stats
  • Age of Victim
  • Almost 85 were under 45 (compared to just over
    60 of the total population)
  • Relationship to the Offender
  • The most common relationship between the victim
    and offender was boyfriend/girlfriend (36) and
    spouse (18)

9
2006 TBI Stats
  • 76 domestic homicides
  • Simple assault was the most frequent charge
    (almost 70), followed by intimidation (14) and
    aggravated assault (13)

10
Defining Domestic Violence
  • Domestic violence is a pattern of coercive
    behavior designed to exert power and control over
    a person in an intimate relationship through the
    use of intimidating, threatening, harmful, or
    harassing behavior.

11
What is Domestic Violence?
  • Domestic violence is coercion through the use of
    intimidating, threatening, harmful, or harassing
    behavior including physical, sexual, emotional,
    or psychological abuse.

12
Physical Abuse
  • Pushing, shoving, slapping, hitting, punching the
    victim.
  • Holding, tying down, or restraining the victim.
  • Strangling the victim.
  • Inflicting injury upon pets.

13
Sexual Abuse
  • Making the victim perform sexual acts against her
    will.
  • Pursing sexual activity when the victim cannot
    fully consent, such as being intoxicated.
  • Physically hurting the victim during sex.

14
Emotional or Psychological Abuse
  • Threats of harm.
  • Physical and social isolation.
  • Extreme jealousy and possessiveness.
  • Deprivation of resources to meet basic needs.
  • Intimidation, degradation, and humiliation.

15
Domestic Violence Facts
  • Until the 20th century, it was not illegal for a
    man to beat his wife.
  • For four decades in the U.S., it was legal for a
    man to beat his wife.
  • Rule of Thumb.
  • DV laws began changing during the late 70s and
    early 80s.

Section Five, Handout 4
16
Why Victim Stays
  • Fear
  • Injury
  • Death
  • Women who leave their batterers are at a 75
    greater risk of being killed by their batterer
    than those who stay.

Section Five, Handout 5
17
Why Victim Stays
  • Shame
  • Failed marriage
  • Social stigma
  • Hope
  • That abuser will change
  • That victims actions will make abuser change

18
Why Victim Stays (cont.)
  • Money
  • Abuser controls finances
  • Possible unemployment
  • Dependence on Batterer
  • Less likely to leave the more dependent victim
  • Abuser may forbid employment, education,
    transportation, even family and friends
  • Men may keep wife or girlfriend pregnant

Section Five, Handout 6
19
Why Victim Stays (cont.)
  • Children
  • Wants them to have two parents
  • Batterer may threaten or abuse children to
    control
  • Paradoxically, not reporting abuse of children
    risks victims losing their custody
  • Abused children may be silent to protect parent,
    themselves, or their siblings
  • Various agencies may not coordinate services
  • Battered women charged with failure to protect

Section Five, Handout 7
20
Why Victim Stays (cont.)
  • Love
  • May still love batterer
  • Battering isnt every day
  • Batterer can be very loving and caring at other
    times
  • Family Pressure
  • Religious Reasons

Section Five, Handout 9
21
Why Victim Stays (cont.)
  • Rural Areas
  • Referral services may be far from home
  • Long-distance phone calls to sources of help
  • Lack of transportation
  • Fear batterer will check the mileage on vehicles
  • It may take hours for police to respond
  • Physical safety may mean leaving behind all that
    is familiar

Section Five, Handout 10
22
Why Victim Stays (cont.)
  • Rural Areas (cont.)
  • Lack of knowledge that domestic violence and
    child abuse are crimes
  • Services may be staffed by family and friends
  • Orders of protection may be issued during limited
    hours on specific days of the week
  • Circuit-riding prosecutors and judges who try and
    hear cases throughout the district or state may
    only be available periodically

Section Five, Handout 11
23
Why Batterer Batters
  • Society says its OK Society hasnt held
    batterers accountable.
  • It Works The victim is so terrorized that
    victim will say or do anything to survive.
  • It's a Choice Batterer chooses to use violence
    to control family members.

Section Five, Handout 12
24
Why Batterer Batters (cont.)
  • Learned Behavior
  • 50 of men who abuse women were either abused as
    a child or saw their mother abused.
  • Learned through observation.
  • Learned in communities schools, peer groups,
    sports, etc.

Section Five, Handout 13
25
Why Batterer Batters (cont.)
  • Control Abuser may use a combination of
  • Physical Assaults, Emotional or Verbal Abuse
  • Intimidation, Coercion Threats
  • Stalking/Harassment
  • Economic Abuse
  • Isolation
  • Children
  • Minimizing, Denying and Blaming
  • Using Male Privilege
  • Sexual Assault

Section Five, Handout 14
26
What BatteringIs Not Caused By
  • Mental or physical illness
  • Genetics
  • Alcohol
  • Out of control behavior
  • Stress
  • Anger
  • Victims behavior or relationship problems

Section Five, Handout 15
27
Cycle of Violence
  • Tension building phase -- lasting hours, months,
    years, where aggressor is edgy, irritable,
    possessive and, where victim may withdraw
  • Explosion -- of aggression that aggressor
    justifies
  • Honeymoon Phase -- aggressor comforts the victim,
    but, the longer the relationship lasts, the
    shorter this phase becomes, possibly even
    disappearing

Section Five, Handout 16
28
Continuance of Cycle of Violence
  • As violent encounters occur more frequently, they
    become more severe
  • Suicide or homicide is not unusual
  • May impact victims willingness to prosecute

Section Five, Handout 17
29
Effects on Children
  • Present in 40-55 of homes where police intervene
    in domestic violence calls.
  • 63 of juveniles charged with murder are there
    for killing an abusive father, step-father or
    mothers live-in boyfriend in an attempt to
    protect their mother.

Section Five, Handout 18
30
Effects on Children (cont.)
  • Abuse or neglect as a child increases the risk of
    arrest as a juvenile by 53, as an adult by 38,
    and for a violent crime by 38.

31
Effects on Children (cont.)
  • Anxiety about being hurt or killed
  • Fighting with others
  • Temper tantrums
  • Suicide attempts
  • Substance abuse
  • Eating Disorders
  • Bed-wetting or regression to earlier
    developmental stages
  • Overachieving

Section Five, Handout 19
32
Effects on Children (cont.)
  • Medical problems like asthma, arthritis, ulcers
  • Headaches or stomachaches
  • Sleeplessness
  • Stealing or other juvenile crimes
  • Identification with the aggressor
  • Withdrawal from other people and activities
  • Denial of any problem or dissociation

Section Five, Handout 20
33
DefinitionsT.C.A. 36-3-601
  • Abuse -- inflicting (or attempting) physical
    injury on an adult or minor by other than
    accidental means, placing an adult or minor in
    fear of physical harm or restraint, or damage to
    personal property of the abused party.
  • Adult -- any person 18 years or older, or who is
    otherwise emancipated

Section Three, Handout 15
34
DefinitionsT.C.A. 36-3-601 (8)
  • Victims are adults or minors who
  • are current or former spouses
  • live together or have done so
  • are dating or have dated, or have or have had a
    sexual relationship
  • are related by blood or adoption
  • are related or were formerly related by marriage
  • adult or minor children of persons involved with
    above five situations

Section Three, Handout 16
35
Definitions
  • Victims are also defined as victims of sexual
    assault or stalking regardless of their
    relationship with the offender.

36
DefinitionsT.C.A. 36-3-601
  • Petitioner -- the person alleging domestic abuse,
    sexual assault, or stalking in a petition for
    order for protection
  • Respondent -- means the person alleged to have
    abused, stalked or sexually assaulted another in
    a petition for order for protection

Section Three, Handout 17
37
Who Can Apply for a Protective Order? T.C.A.
36-3-602
  • Any victim who has been subjected to, or
    threatened with or placed in fear of, domestic
    abuse, stalking, or sexual assault may seek
    relief under this part by filing a sworn petition
    alleging such domestic abuse, stalking, or sexual
    assault by the respondent.

Section Three, Handout 18
38
Duration of Order of ProtectionT.C.A. 36-3-608
  • All Orders of Protection shall be effective for a
    fixed period of time, not to exceed one year, and
    can be extended.
  • The court may modify its order at any time upon
    subsequent motion filed by either party with an
    affidavit showing a change in circumstance
    sufficient to warrant the modification.

Section Three, Handout 19
39
Duration of Order / New Law
  • Upon first violation of order, judge may extend
    order for five years.
  • On the second violation of the order, the judge
    may extend order for ten years.

40
Scope of Order of ProtectionT.C.A. 36-3-606
  • Any Order of Protection to protect the petitioner
    may include
  • 1. Directing the respondent to refrain from
    committing domestic abuse, stalking or sexual
    assault or threatening to commit domestic abuse,
    stalking or sexual assault against the petitioner
    or the petitioner's minor children
  • 2. Prohibiting the respondent from telephoning,
    contacting, or otherwise communicating with the
    petitioner, directly or indirectly

Section Three, Handout 26
41
Scope of Order of ProtectionT.C.A. 36-3-606
(cont.)
  • 3. Prohibiting the respondent from stalking the
    petitioner, as defined in 39-17-315
  • Relief under 4 through 8 must be done through
    Court hearing.
  • 4. Granting to the petitioner possession of the
    residence or household to the exclusion of the
    respondent by evicting the respondent, by
    restoring possession to the petitioner, or by
    both

Section Three, Handout 27
42
Scope of Order of ProtectionT.C.A. 36-3-606
(cont.)
  • 5. Directing the respondent to provide suitable
    alternate housing for the petitioner when the
    respondent is the sole owner or lessee of the
    residence or household
  • 6. Awarding temporary custody of, or establishing
    temporary visitation rights with regard to, any
    minor children born to or adopted by the parties
  • 7. Awarding financial support for petitioners and
    others.

Section Three, Handout 28
43
Scope of Order of ProtectionT.C.A. 36-3-606
(cont.)
  • 8. Directing the respondent to attend available
    counseling programs that address violence and
    control issues or substance abuse problems.
    Violation of an Order of Protection or part of
    such order that directs counseling pursuant to
    this subpart may be punished as a criminal or
    civil contempt.

Section Three, Handout 29
44
Arrest for Violation of Order of Protection
T.C.A. 36-3-611
  • An arrest for violation of an Order of Protection
    issued pursuant to this part may be with or
    without a warrant. Any law enforcement officer
    shall arrest the respondent without a warrant
    if
  • The officer has proper jurisdiction over the area
    in which the violation occurred (Officers can
    enforce Orders issued by other counties if
    violated in their jurisdiction) and

Section Three, Handout 31
45
Arrest for Violation of Order of Protection
T.C.A. 36-3-611 (cont.)
  • The officer has reasonable cause to believe the
    respondent has violated or is in violation of an
    Order of Protection and
  • The officer has verified whether an Order of
    Protection is in effect against the respondent.
    If necessary, the officer may verify the
    existence of an Order by telephone or radio
    communication.

Section Three, Handout 32
46
Arrest for Violation of Order of Protection
T.C.A. 36-3-611 (cont.)
  • An ex parte Order of Protection can be enforced
    by warrantless arrest if the respondent has been
    served with the Order of Protection or otherwise
    has acquired knowledge thereof.
  • Officers should inform a victim that the court
    Order does not guarantee the victims safety, and
    the victim should continue to exercise safety
    precautions.

Section Three, Handout 33
47
Violation of a Protective Order T.C.A.
36-3-612
  • This law makes a violation of a protective
    order a misdemeanor. To be found guilty, the
    following must be met
  • The person must have received notice of the
    request for an order of protection or restraining
    order
  • The person must have had an opportunity to appear
    and be heard in connection with the order of
    protection or restraining order and
  • The court made specific findings of fact in the
    order of protection or restraining order that the
    person had committed domestic abuse as defined in
    this part.

48
Violation of a Protective Order T.C.A.
36-3-612(cont.)
  • Any act that constitutes the offense of violation
    of a protective order shall be subject to arrest
    with or without a warrant, as outlined above.
  • A person who is arrested for violation of a
    protective order shall be considered within the
    provisions of Section 40-11-150(a), requiring
    that bond conditions be set) and subject to the
    twelve-hour hold period authorized by Section
    40-11-150(h

49
Violation of Out-of-State Order of Protection
T.C.A. 36-3-622
  • Any valid Order of Protection issued by a court
    of another state, tribe, or territory shall be
    afforded full faith and credit by the courts for
    this state and enforced as if it were issued in
    this state.
  • Officers should follow the same procedures for
    violations of an out-of-state Order that they
    would follow for a Tennessee Order.

Section Three, Handout 34
50
Violation of Out-of-State Order of Protection
T.C.A. 36-3-622 (cont.)
  • A petitioner may present a certified copy of a
    foreign Order of Protection to a court in any
    county where enforcement may be necessary. The
    clerk shall keep a copy of the order on file and
    forward a copy of such to the local law
    enforcement agency which shall enter the foreign
    Order into TCIC.
  • Filing and entry of the foreign Order in the
    TCIC system shall not be prerequisites for
    enforcement of the foreign Order of Protection.

Section Three, Handout 35
51
Violation of Out-of-State Order of Protection
T.C.A. 36-3-622 (cont.)
  • Regardless of whether a foreign Order of
    Protection has been filed in this state, a law
    enforcement officer may rely upon a copy of any
    such Order of Protection which has been provided
    to the officer by any source and may also rely
    upon the statement of any person protected by a
    foreign Order that the Order remains in effect.

Section Three, Handout 35A
52
Violation of Out-of-State Order of Protection
T.C.A. 36-3-622 (cont.)
  • A law enforcement officer acting in good faith
    shall be immune from civil and criminal liability
    in an action in connection with a courts finding
    that the foreign Order was for any reason not
    enforceable.

53
Domestic AssaultT.C.A. 39-13-111
  • A person commits domestic assault who commits an
    assault against a person who is that person's
    family or household member.
  • "Family or household member" means
  • (1) spouse,
  • (2) former spouse,
  • (3) person related by blood or marriage, or
  • (4) person who currently resides or in the past
    has resided with that person as if a family, or
  • (5) a person who has a child or children in
    common with that person regardless of whether
    they have been married or resided together at any
    time.

Section 3, Handout 58
54
Domestic AssaultT.C.A. 39-13-111
  • NOTE If domestic assault cannot be charged in a
    domestic abuse case because of the relationship
    requirement, assault should be charged.

55
AssaultT.C.A. 39-13-101
  • A person commits assault who intentionally,
    knowingly or recklessly
  • Causes bodily injury to another or
  • Causes another to reasonably fear imminent
    injury or
  • Causes physical contact with another and a
    reasonable person would regard the contact as
    extremely offensive or provocative.
  • If a threat is made in your presence, and the
    person making the threat has the ability,
    opportunity and shows intent to carry it out, an
    assault has been made.

Section Three, Handout 59
56
StalkingT.C.A. 39-17-315
  • A willful course of conduct involving repeated
    or continuing harassment of another individual
    that would cause a reasonable person to feel
    terrorized, frightened, intimidated, threatened,
    harassed, or molested, and that actually causes
    the victim to feel terrorized, frightened,
    intimidated, threatened, harassed, or molested .

Section Three, Handout 62
57
Stalking "VictimT.C.A. 39-17-315
  • "Victim" means an individual who is the target of
    a willful course of conduct involving repeated or
    continuing harassment

58
Violence Against Women Act
59
Interstate Domestic Violence18 USC 2261
  • It is a Federal crime to cross state lines and
    injure an intimate partner.
  • The injury must be physical.
  • The defendant must have intended to commit the
    crime when crossing the state line.

60
Interstate Stalking 18 USC 2261A
  • It is a Federal Crime to cross state lines to
    stalk or harass.
  • There must be proof that the stalking placed the
    victim in reasonable fear of death or serious
    bodily injury.

61
Interstate Violation of a Protection Order 18
USC 22629a) (1)
  • It is a federal Crime to cross state lines and
    violate a Protection Order.
  • The Protection Order must protect the victim
    against violent threats, repeated harassment or
    bodily injury.
  • The defendant must have intended to violate the
    order when crossing the state line.

62
Firearm Offenses18 USC 922(g)(8)
  • It is a federal crime to possess a firearm while
    subject to a valid Protection Order.
  • The order must state either that the defendant
    poses a threat to the physical safety of the
    victim or that the defendant is not allowed to
    use any force that would cause injury to the
    victim.
  • Law enforcement officers are not subject to this
    law.

63
Transfer of Firearm to Person Subject to Order of
Protection18 USC 922(d)(8)
  • It is a federal crime to knowingly transfer or
    sell a firearm to a person subject to a valid
    protection Order.

64
Official Use Exemption 18 USC 925
  • The restriction of Sections 922(d)(8) and (g)(8)
    do not apply to firearms issued by governmental
    agencies to a law enforcement officer or military
    personnel so long as the officer or military
    personnel is on duty.
  • Personal firearms do not fall within this
    exemption.
  • These personnel may not possess officially issued
    firearms when off duty.

65
Possession of Firearm After Conviction of
Misdemeanor Crime of Domestic Violence 18 USC
922(g)(9)
  • As of September 30, 1996, it is illegal to
    possess a firearm after conviction of a
    misdemeanor crime of domestic violence.
  • This prohibition applies to persons convicted of
    such misdemeanors at any time, even if the
    conviction occurred prior to the new laws
    effective date.

66
Possession of Firearm After Conviction of
Misdemeanor Crime of Domestic Violence 18 USC
922(g)(9)
  • A qualifying misdemeanor domestic violence crime
    must have as an element the use or attempted use
    of physical force, or the threatened use of a
    deadly weapon.

67
Possession of Firearm After Conviction of
Misdemeanor Crime of Domestic Violence 18 USC
922(g)(9)
  • A person may be able to possess a firearm if the
    conviction has been expunged or set aside.

68
Transfer of Firearm to Person Convicted of
Misdemeanor Crime of Domestic Violence18 USC
922(d)(9)
  • It is illegal to transfer a firearm to a person
    convicted of a misdemeanor crime of domestic
    violence.

69
Official Use Exemption 18 USC 925
  • The official use exemption does not apply to
    Sections 922(d)(9) and 922(g)(9).
  • Law enforcement officers and military personnel
    who have been convicted of a qualifying domestic
    violence misdemeanor will not be able to possess
    or receive firearms for any purpose, including
    the performance of official duties.

70
Self-Petitioning for Battered Immigrant Women and
Children8 USC 1154
  • VAWA specifically provides that battered and
    abused spouses and children of citizens and
    lawful permanent residents may self-petition for
    independent legal residency

71
Promising Practices
72
Lethality Assessment and Safety Planning
73
Threats of Homicide or Suicide
  • The perpetrator who has threatened to kill
    himself, his partner, the children or her
    relatives must be considered extremely dangerous.

74
Fantasies of Homicide or Suicide
  • The more detailed the plan and the more available
    the method, the greater the risk.
  • The perpetrator who has previously acted out part
    of a homicide or suicide fantasy may be more
    invested in killing as a viable solution.

75
Weapons
  • When a perpetrator has weapons and has used them
    or threatened to use them in the past, his access
    to those weapons increases his potential for
    lethal assault.
  • The use of guns is a strong predictor of
    homicide.
  • If the perpetrator has a history of arson, fire
    should be considered a weapon.

76
Ownership of the Victim
  • The perpetrator who says Death before divorce
    or You belong to me, may believe that the
    victim has no right to life separate from him.
  • The perpetrator who believes that he is
    absolutely entitled to his female partner, her
    services, her obedience and her loyalty, no
    matter what, is likely to kill.

77
Centrality of the Partner
  • The perpetrator who idolizes his partner, or who
    depends heavily on her to sustain his life, or
    who has isolated himself from all other
    community, may retaliate against a partner who
    decides to end the relationship.
  • He rationalizes that her betrayal justifies his
    lethal retaliation.

78
Separation Violence
  • 75 of domestic homicides occur when the victim
    is in the process of leaving or has left the
    perpetrator.
  • When a perpetrator believes that he is about to
    lose his partner, if he cant envision life
    without her or if the separation causes him great
    despair or rage, he may choose to kill her.

79
Depression
  • Where a perpetrator is acutely depressed and sees
    little hope for moving beyond the depression, he
    may be a candidate for homicide or suicide.
  • Research shows that many men who are hospitalized
    for depression have homicidal fantasies directed
    at family members.

80
Access to the Victim
  • If the perpetrator cannot find the victim, he
    cant kill her.
  • If the perpetrator does not have access to the
    children, he cannot use them as a means of access
    to the victim.
  • Careful safety planning is required for those
    times when contact is required, e.g. court
    appearances and custody exchanges.

81
Repeated Outreach to Law Enforcement
  • Partner or spousal homicide almost always occurs
    in the context of historical violence.
  • Prior calls to the police indicate elevated risk
    of life-threatening conduct.
  • The more calls to police, the greater the
    potential danger.

82
Escalation of Risk
  • When a perpetrator exhibits a sharp escalation of
    personal risk by acting without regard to the
    legal or social consequences that previously
    constrained his violence, chances of lethal
    assault increase significantly.

83
Hostage-taking
  • A hostage-take is a high risk of inflicting
    homicide.
  • Between 75 and 90 of all hostages taken in the
    U.S. are related to domestic violence situations.

84
Stalking
  • 38 of female stalking victims were stalked by
    current or former husbands
  • 10 by current or former cohabiting partners
  • 14 by current of former boyfriends.

85
Safety Planning
86
What is a safety plan?
  • It is an individualized plan victims develop to
    reduce the risks they face.
  • Includes strategies to reduce the risk of
    physical violence and other harm caused by a
    perpetrator.
  • May also include strategies to maintain basic
    human needs such as housing, health care, food,
    child care, etc.

87
Characteristics of A Good Safety Plan
  • Reduce or eliminate the range of
    perpetrator-generated risks, not just physical
    violence.
  • May include strategies for staying in the
    relationship and/or leaving the relationship.
  • Consideration of life-generated risks.
  • Contain short-term and/or long-term timeframes.

88
Role of the Advocate
  • Assist victim in completing a lethality
    assessment.
  • Share information about perpetrator-generated
    risks and the options and resources available to
    the victim in your community.
  • Begin process by understanding each victims
    perspective on her risks and options.

89
Creating a Coordinated Community Response
  • Community Task Force
  • Death Review Team
  • Court Watch Program
  • Developing Community Partners
  • Developing Corporate Partners
  • Involving the Faith Community
  • Join TCADSV

90
Creating Social Change
  • Address root causes of violence against women.
  • Educate and organize communities.
  • Public policy advocacy.
  • Hold policy makers accountable.
  • Join TCADSV

91
TCADSV SERVICES
  • Training and Technical Assistance
  • Resource Library
  • Information and Referral
  • Annual Conference and Events
  • Newsletter and Listserv
  • Immigrant Legal Clinic
  • Public Policy Advocacy

92
Contact TCADSV
  • (800) 289-9018
  • www.tcadsv.org
  • kwalsh_at_tcadsv.org
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