CommonHealth Kentucky - Domestic Violence Training

1. The effect of domestic violence on adult and child victims
2. Legal remedies for protection
3. Safety and risk issues
4. Available community services
5. Victim Services
6. Applicable Reporting Requirments

Transcript

1. David Waters, MSW, CSW, CADC Certified Batterer’s Intervention Provider Crossroads Counseling Services, Inc.
2. — One in every four women will experience domestic violence in her lifetime. “The family is the most violent institution a citizen is likely to encounter.” Murray Straus, 1990
3. Today — Open Discussion — Overview — Common Dynamics — Intervention-Breaking the Cycle — Current Issues — Final Discussion
4. — Domestic violence is a pattern of power and control behavior that one person exercises over another. (Northern KentuckyWomen’s Crisis Center) — …the use of violence and other forms of abuse to establish control and power in a relationship. (Kentucky Domestic Violence Association) — …the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior perpetrated by an intimate partner against another. (National Coalition Against Domestic Violence) — "Domestic violence and abuse" means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple. (Kentucky Revised Statutes: KRS 403.720)
5. DV is… — …an escalating pattern of assaultive and coercive behaviors, including physical, sexual, and psychological attacks, as well as economic coercion, that adults or adolescents use against their intimate partners. — …a pattern of purposeful behavior, directed at achieving compliance from or control over the victim. Anne Ganley, PhD. Understanding Domestic Violence, 1995
6. — “Domestic violence is a crime, not a private or family matter, and should be responded to as a crime by law enforcement. “ (National Sheriff’s Association Guidebook for Law Enforcement Response to CrimeVictims, 2008)
7. Judicial Test — Harm — Fear (of Harm) — In order to issue a DVO, the trial court must first conduct a hearing and find “from a preponderance of the evidence that an act or acts of domestic violence and abuse have occurred and may again occur.” KRS 403.750. — The preponderance of the evidence standard is met when sufficient evidence establishes that the alleged victim “was more likely than not to have been a victim of domestic violence.” Commonwealth v. Anderson, 934 S.W.2d 276, 278 (Ky. 1996).
8. Most Common Types of DV Related Charges in the Commonwealth — Assault (Simple, Aggravated, Sexual) — Stalking — Harassment & Menacing — Terroristic Threats — Violation of a Protective Order — Rape
9. Other Related DV Charges — Unlawful Imprisonment — Intimidating a Witness — Fleeing or Evading Police — Possession of a Firearm in Violation of a Protective Order — Criminal Homicide — Child Abuse, Neglect, and Endangerment
10. DV Murder Stats by State
12. Male vs. Female DV Murders — About one third of female murder victims were killed by an intimate. — About 3% of male murder victims were killed by an intimate. — Of all female murder victims, the proportion killed by an intimate declined slightly until 1995 when the proportion began increasing, although it has stabilized recently. — Of male murder victims, the proportion killed by an intimate has dropped. US Department of Justice: Office 0f Justice Programs
13. US Department of Justice: Office 0f Justice Programs
14. Basic Dynamics — Victim Profile — Batterer Profile — Power & Control vs. Out of Control — Cycle of Violence — What’s Anger Got to Do With It? — Gender Inequality?? — Alcohol & Other Addictions
15. Victim Profile No Common Psychological Profile —Risk Factors include: —Relationship
16. Batterer Typology — Family-Only — Least intimate partner violence — Lower levels of sexual and psychological abuse — Least violence outside of home — Dysphoric or Borderline — Moderate to Severe abuse — Greatest psychological dis- stress — High emotional lability — intense — Unstable relationships — Fear of rejection — jealousy — Generally Violent and Anti-social — Moderate to severe violence — Extrafamilial violence — Anti-social Personality — Criminal behavior — Arrests — Substance abuse Hultzworth-Munroe & Meehan, 2004 — Common-Couple or Mutual Violence
17. Abusers abuse because … — Domestic violence behaviors are learned through observation beginning in childhood and later through reinforcement, including when the legal system fails to hold the offender accountable. It is repeated because it works. It works to control the victim through fear and intimidation. Because it is learned behavior, it can be changed with sufficient motivation such as a strong court holding the batterer accountable. Ganley, 2006 …they can.
18. Where Does It Come From? — Learned Behavior — Culture of Violence — Reinforcement — Failure to Integrate Effective Relationship Skills — Failed Attitudes — Entitlement — Gender/Race Equality — Use of Power — Need for Control
20. — Domestic violence differs from stranger violence in that it consists of a variety of behaviors, some criminal and some not, but all of which indicate a pattern of abusive control. — Domestic violence is not an isolated event, but episodes that interact in a pattern to control the abused party. — Perpetrators often commit acts that appear aimed at children, property, or pets, which are used to control or punish the intimate partner. — Research of heterosexual couples indicates that a woman’s motivation for using physical force is self-defense, while men use physical force for power and control. — The consequences of domestic violence are often lethal, with one third of all female homicide victims in this country being killed by a husband or boyfriend. Ganley/the ohio domestic violence benchbook
22. Anger in Domestic Violence — Anger is an emotion — DV is a behavior — However…. Anger is an excellent tool of control
23. Anger As Tool of Control — To be angry implies injury/insult/offense occurred — “Injured” party is the “victim” — Victims have rights — “Victim” is owed their “due” — “Victim” is justified in getting their “needs” met
24. Value of Anger as Control Men Women 1. Compliance 2. Dis-connection 3. Connection 1. Connection 2. Compliance 3. Dis-connection
25. Danger, Lethality & Risk Assessment — The public and press will ask, “Why wasn’t more done to protect her?” In hindsight, there usually was a sign. Often, there was a failure to read that sign or to act on it. Sometimes it is difficult to convince the victim that the risk was serious enough to warrant drastic and penalizing alterations to her lifestyle to stay alive. National Institute of Justice Study, 2005 — Only 47% of femicide victims (according to proxy informants) and more importantly 53% of attempted femicide victims accurately predicted their risk before the lethal or near lethal event. Campbell, et al., 2003
26. Risk Factors /Red Flags — Abuse alcohol or other drugs. — Have a history of trouble with the law, get into fights, or break and destroy property. — Don’t work or go to school. — Blame you for how they treat you, or for anything bad that happens. — Abuse siblings, other family members, children or pets. — Put down people, including your family and friends, or call them names. — Are always angry at someone or something. — Try to isolate you and control whom you see or where you go. — Nag you or force you to be sexual when you don’t want to be. — Cheat on you or have lots of partners. — Are physically rough with you (push, shove, pull, yank, squeeze, restrain). — Take your money or take advantage of you in other ways. — Accuse you of flirting or “coming on” to others or accuse you of cheating on them. — Don’t listen to you or show interest in your opinions or feelings. . .things always have to be done their way. — Ignore you, give you the silent treatment, or hang up on you. — Lie to you, don’t show up for dates, maybe even disappear for days. — Make vulgar comments about others in your presence — Blame all arguments and problems on you. — Tell you how to dress or act. — Threaten to kill themselves if you break up with them, or tell you that they cannot live without you. — Experience extreme mood swings. . .tell you you’re the greatest one minute and rip you apart the next minute. — Tell you to shut up or tell you you’re dumb, stupid, fat, or call you some other name (directly or indirectly). — Compare you to former partners. http://www.theredflagcampaign.org/index.php/dati ng-violence/red-flags-for-abusive-relationships/
27. Why Strangle? — The act of strangulation symbolizes an abuser’s power and control over the victim. The victim is completely overwhelmed by the abuser; she vigorously struggles for air, and is at the mercy of the abuser for her life. Ortner-Unity Center on Family Violence, Fact Sheet
28. Stalking A little over 1 million women and 370,000 men are stalked annually in the United States. 1 in 12 women and 1 in 45 men will be stalked in their lifetime. 77% of female and 64% of male victims know their stalker. 87% of stalkers are men. 59% of female victims and 30% of male victims are stalked by an intimate partner. 81% of women stalked by a current or former intimate partner are also physically assaulted by that partner. 31% of women stalked by a current or former intimate partner are also sexually assaulted by that partner. Intimate partners that stalk are four times more likely than intimate partners in the general population to physically assault their victims and six times more likely to sexually assault their victims. 73% of intimate partner stalkers verbally threaten the victims with physical violence, and almost 46% of victims experienced one or more violent incidents by the stalker. — The average duration of stalking is 1.8 years. If stalking involves intimate partners, the average duration increases to 2.2 years. 61% of stalkers made unwanted phone calls; 33% sent or left unwanted letters or items; 29% vandalized property; and 9% killed or threatened to kill a family pet. 28% of female victims and 10% of male victims obtained a protective order. 69% of female victims and 81% of male victims had the protection order violated. 56% of women stalked took some type of self- protective measure; 11% included extreme measures such as relocating. 26% of stalking victims lost time from work as a result of their victimization, and 7% never returned to work. 30% of female victims and 20% of male victims sought psychological counseling. Tjaden & Theonnes, 1998
29. Sexual Assault — Age of Offenders 15-17 years old: 11% 18-20 years old: 15% 21-29 years old: 26% 30 and over: 45% Other/unknown: 3% — Relationship of Offender to Victim Well Known: 33% Casual Acquaintance:31% Don't Know: 4% Stranger: 32% Overall: 65% of offenders were non-strangers — Location of Offense At victim's home: 36% Near home: 1% Friend, Relative, Neighbor's Home: 24% Other commercial building: 1% On school property: 8% Common yard, park, field, playground: 3% On street other than near home: 9% Other: 18% — Rape/Sexual Assault reported to police Overall only 38% reported Age 12-19 reported 33% of the time Age 20-34 reported 30% of the time Age 35-49 reported 62% of the time Age 50-64 reported 37% of the time — Activity of victims at time of incident Working or on duty: 11% Going to or from work: 1% Going to or from school: 3% Going to or from other place: 4% At school: 5% Leisure activity away from home: 29% Sleeping: 20% Other activity at home: 25% Other: 2%
30. Sexual Consent — Guidelines for Consent in Intimate Relationships Healthy sexual contact between two people is mutual and is consenting. Use these four guidelines to make sure you've given and received consent. — Guideline #1: Both people are fully conscious. When sex involves alcohol or drugs the issue of consent may be clouded. There is a good chance that at least one person is not fully aware of what is going on and may not be able to give clear consent. Is she/he interested or intoxicated? Know the difference! — Guideline #2: Both people are equally free to act. Both parties are equally free to act without the presence of a power differential or environmental factors (i.e.: having to walk home alone, differences in size or weight, position of power/authority, coercion, or hazing). — Guideline #3: Both people have clearly communicated their intent. A lack of "no" or non-resistance does not constitute consent ("But she/he didn't say anthing...I didn't know it was a problem!"). — Guideline #4: Both people are honest and sincere in their desires. Saying things to "get sex" isn't healthy, honest, or sincere. The other person is likely to feel taken advantage of in the end. Reflect on what kind of experience you want to have. Know you sexual intentions and your limits. Communicate them clearly! http://sexualassault.wsu.edu
31. “NO!” IS A COMPLETE SENTENCE
32. Children — Prevalence estimates of children who witness domestic violence vary widely. Some commonly cited figures suggest that 3.3 million children and 10 million teenagers are exposed to domestic violence each year (Carlson, 1984; Straus, 1992). — Children in violent homes are at higher risk for being abused than children in non-violent homes. McKibben, DeVos, and Newberger (1989) found that 40-60% of mothers of abused children were abused themselves by their partner, compared to 13% of mothers of unabused children. — Silvern et al. (1995) found that witnessing domestic violence was associated with depression, low self-esteem, and trauma symptoms in adult women and trauma symptoms in adult men.
33. Substance Abuse — Hostage Situation or Relationship? — Analysis of national crime data from 1992 through 1995 indicates that 66% of all victims of intimate violence reported that offenders had been drinking. — This figure increased to 75% for victims of spousal violence. — This compares with about 31% of victims of stranger violence reporting that offenders were drinking. Greenfield, L.A. (1998). Alcohol and crime: An analysis of national data on prevalence of alcohol involvement in crime. Washington, DC: US Department of Justice, Bureau of Justice Statistics.
34. — Alcohol intoxication on the part of the perpetrator is positively associated with the victim’s risk of serious injury. — It is interesting to note that the victim’s (wife’s) intoxication is generally unrelated to the frequency or severity of abuse. — However, the absence of either alcohol and drug intoxication in many episodes of spousal violence indicates that intoxication is neither necessary nor sufficient for wife assault to ensue. Lee, W.V., & Weinstein, S.P. (1997). How far have we come? A critical review of research on men who batter. . In M. Galanter (Ed.), Recent developments in alcoholism: Vol. 13, Alcohol and Violence (pp.337-356), New York: Plenum.
35. Mandatory Reporting — A PROVIDER HAS A DUTY TO WARN AND PROTECT AN INTENDED VICTIM OF A THREAT TO HARM, AS REQUIRED BY KRS 202a.400; — A PROVIDER IS REQUIRED TO REPORT ABUSE IN ACCORDANCE WITH KRS 209.030 AND 620.030 — Any person, including but not limited to physician, law enforcement officer, nurse, social worker, cabinet personnel, coroner, medical examiner, alternate care facility employee, or caretaker, having reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation, shall report or cause reports to be made in accordance with the provisions of this chapter. KRS209.030
36. Spousal Abuse or IPV? — In Kentucky, the law requires mandatory reporting of spouse abuse, child abuse, and abuse of those adults unable to protect themselves, such as the elderly or perhaps a person with a disability. Any person having reason to believe a married person of any age has been abused or neglected by their spouse must report it to the Cabinet for Health and Family Services. — There is no law requiring reporting of intimate partner abuse absent the partners being married. However it is currently the procedure of the cabinet to accept any such reports and offer services to victims without regard to marital status. Whether or not such reports are then forwarded to law enforcement is not predictable and may vary from county to county.
37. How Does It Stop — Recognize the Problem — Accountability /Consequences — Responsibility — Challenge Beliefs — Mentoring — Tools — Communication — Anger Mgmt — Un-learn the bad(Violence Wheel) — Learn the good (Equality Wheel) — Respect/Honesty — Relationship Dynamics & Skills — Longterm — Mental Health — Substance Abuse
39. Victim Support — Safety — Safety Planning — Shelter Services — Court Protections — Advocacy — Empowerment — Counseling — Education — End Coercive Control
40. Batterers Intervention — Victim Safety & Advocacy is First and Foremost — Accountability — Responsibility — Empathy — Communication Skills — Anger Mgmt?? — Duluth vs. (or plus )Cognitive Behavioral Intervention — Mentoring/Connection/Modeling/Challenging
41. Batterers Intervention — Batterers intervention programs (BIPs) have shown to have a significant impact in alleviating abusive behavior in intimate relationships. However, “50% of the participants never complete the program, regardless of whether or not they are court-ordered” (Bennett et al., 2007).
42. Strategies — Community Coordinated Response — Death Review Team — Courts — Police — Probation — Social Service — Shelter — Providers — Trauma Intervention — Protective Orders — Court Involvement — Victim Advocacy — Batterer Intervention
43. Current Issues in Ky Law — Amanda’s Law(HB1 July, 2010) — Adds Grandparents to protected group — Expands timeframe for EPO (KRS403.740) — 6 mo. w/o respondent; max. of two years — Maximum stay away(500 ft.) in EPO/DVO — Prior Bad Acts can now be reviewed — Violation of DVO could result in order of GPS — DV Shelter Trespass- Class A Misdemeanor — HB 8 passed 2015; takes effect Jan. 01, 2016 — Adds Dating Relationship to protections — EPO becomes IPO — Parent/Guardian may file on behalf of teen (minor)
44. Resources — http://www.dvrc-or.org/domestic — http://www.ncadv.org/files/DomesticViolenceFactShe et(National).pdf — http://www.wccky.org/ — http://www.kdva.org/ — http://www.mincava.umn.edu/documents/ffc/chapter 5/chapter5.html (Federal Domestic Violence Laws and the Enforcement of These Laws )
45. Resources — http://www.mincava.umn.edu/categories/1032 — http://chfs.ky.gov/NR/rdonlyres/54B7AF71-5428- 4EC6-AE69- 158BBFBF8031/0/ModelDomesticViolenceLawEnforce mentPolicy.htm (Kentucky Model Domestic Violence Law Enforcement Policy) — http://www.womenslaw.org/laws_state_type.php?id=1 0270&state_code=US (Violence Against Women Act) — http://www.kentuckystatepolice.org/data.htm — http://usi.louisville.edu/sru/
46. Resources — http://www.aardvarc.org/ An Abuse, Rape & Domestic Violence Aid & Resource Collection(Statistics) — http://www.theredflagcampaign.org/index.php/