MNADV Statewide Comprehensive IPV Training Round Three-Day 4

This Statewide Comprehensive Training provides professionals with in-depth information about working in the field of domestic violence. The training emphasizes victim safety, victim empowerment, abuser accountability, and a comprehensive system’s response to intimate partner violence. MNADV emphasizes partnering with local domestic violence programs and utilizes local experts to present throughout the training. MNADV developed this training for professionals from a variety of different fields who encounter domestic violence in their work.

Transcript

1. MNADV’s 5-Day Comprehensive Intimate Partner Violence Training Day 4:Ethical Considerations, Confidentiality/Mandatory Reporting, Criminal Legal System & Civil Legal Remedies, Coordinated Community Response, Dating Violence, Reproductive Coercion, IPV & Sexual Assault
2. Meet the Team Angel Campbell Training & TA Specialist Darrell Holly LAP Administrator Jenn Pollitt Hill Interim Executive Director K-Tony Korol Evans Statewide Trainer Lucane LaFortune Deputy Director Chimere Jackson Communications Specialist Mariesa Robinson Prevention Coordinator Melanie Shapiro Policy Director Renee Wells Operations Manager Lina Jaramillo LAP Project Lead
3. Housekeeping • Certificates and CEUs • Cancellations • Attendance • Accessing Materials • All attendees will be MUTED except during breakout sessions. • Use the chat box to ask questions or engage in dialogue • Evaluations
4. Review/Debrief of Day 3 Ethical Considerations Confidentiality / Mandatory Reporting BREAK Criminal Legal System & Civil Remedies LUNCH Coordinated Community Response BREAK Dating Violence Reproductive Coercion BREAK Intersection of IPV and Sexual Assault Self Care/Evaluations
5. Our Workshop Agreements • Active listening • Be open • Be present: silence that internal chatter • Push through growing edge • Respectfully challenge each other • Continue to have these conversations • Remember why we’re all here
6. Day 3 Review and Debrief • What were your overall thoughts on the day? • What did you learn? • What surprised you? • What do you want to learn more about? • How will you do your work differently?
7. Ethical Considerations
8. Menti: How do you define ethics?
9. What are ethics & why are they important? Ethics are standards of right and wrong that guide human behavior.
10. Ethical Guidelines for Advocacy Maintain civil and legal rights. • Ensure services are available to victims without regard to gender, age, disability, income, race, religion, ethnic origin, English proficiency, immigration status, or sexual orientation. • Obtain specific, time-limited releases of information. • Protect privacy and confidentiality. Provide services based on individual needs. • Disregard to survivor’s past problems/history. • Respect survivor’s choices. • Work on behalf of the survivor’s desires.
11. Survivor’s Right to Report However, reporting without survivor’s informed consent: • May put survivor in more danger • May lead to survivor being reluctant to disclose abuse in the future • Takes away the survivor’s agency to make personal decisions • Violates survivor’s privacy • Violates confidentiality laws like HIPAA and VAWA (if applicable) Mandatory Reporting is just that: Mandatory!
12. Professional Boundaries • Power dynamic exists between service providers and survivors. • The provider has responsibility for maintaining the boundary.
13. Boundaries Does Not Equal Barriers Boundaries are not barriers! They are the lines in which we must act.
14. Menti: What are boundaries you maintain?
15. Menti: What are some examples of not maintaining boundaries that advocates face?
16. Process for Making an Ethical Decision Identify Relevant Standards & Practical Consequences Brainstorm Options & Consequences Assess the Facts Consult with Supervisor Choose Best Option & Act Evaluate Your Decision
17. Clip: We Are the Victims We Serve: Supporting Advocates who are Survivors We are the Victims We Serve. Resource Sharing Project, 2016. Available at: https://www.yout ube.com/watch? v=EEzXjw84wAU 1:10:25 – 1:12:03
18. Ethical Scenarios • You will be divided into four breakout rooms. • Choose someone to report back on your scenario. • Read through your scenario. • Discuss the following: oIdentify the ethical dilemma. oList actions you could take as an advocate in this situation. oList the actions you should NOT take as an advocate in this situation.
19. Scenario 1: Sandy Sandy has a two-year old daughter, Audrey. Sandy has been in the shelter for one week. After petitioning for a Protection Order, being referred to Legal Services, and signing up for Food Stamps and Temporary Cash Assistance, Sandy talks with her abuser, Slim, and decides to go back. Sandy came to the shelter with a broken arm, an eye swollen shut, and a sexually transmitted disease because Slim rapes her, is unfaithful, and refuses to use protection. Audrey is quiet and rarely cries. There is no obvious evidence that Audrey has been abused. However, Sandy states that Audrey is present during most of the beatings and rapes. Sandy is leaving the shelter this afternoon. What will you say to her?
20. Scenario 2: Evelyn A law enforcement officer calls and says he is looking for Evelyn Smith, who has been reported missing by her wife. She has not been seen for days, and the officer demands to know if you have heard from her so he does not waste his time and the taxpayers’ money looking for her.
21. Scenario 3: Carol Carol calls the hotline and says she has been married for 20 years and has three children. Her husband has abused her since the beginning of the relationship. She relates more details about her life, and you realize she is your mother’s best friend. Your mother, to your knowledge, has no information about her friend’s situation. Carol states that she has no one to talk to about this because all of her friends are happily married. Her husband has not allowed her to work or go to school, so even if she were to leave, she wonders how she would support herself. Carol does not realize she is talking to you, the daughter of her best friend. What do you say to her?
22. Scenario 4: Jesse Jesse has been calling every night for the past week. Jesse has spoken of their 12-year abusive relationship with their partner, Juan. They say Juan is a good father to their two children, but controls all of Jesse’s money, beats Jesse often, and reminds Jesse frequently that Jesse does not have proper documents to be in the country. Jesse wants to leave but is afraid. They have never worked outside of the home, and their partner has threatened to take the children if they leave. You have provided Jesse with information about the dynamics of intimate partner violence and available resources, including a lawyer, support group, and safety planning. They say they do not know what to do, and they ask you to tell them what is best and what they should do.
23. Report Back! Sandy, Evelyn, Carolyn, & Juan
25. Confidentiality Protecting Survivors’ Information
26. Privacy, Confidentiality, Privilege . The Confidentiality Institute Privilege Governed by specific laws Confidentiality Required by VAWA and FVSPA and VOCA Privacy The survivor decides with whom they share what information
27. Why is privacy/confidentiality/privilege so important to survivors of domestic violence?
28. VAWA 2013 and FVPSA 2010 • Violence Against Women Act (VAWA) and the Family Violence Prevention Services Act (FVPSA) • Both state that grantees “shall protect the confidentiality and privacy of persons receiving services”. • applies to all grantees and subgrantees
29. “No Disclosure Rule” • Advocate “shall not disclose, reveal, or release” any Personally Identifying Information or Individual Information (VAWA only) that was collected through services that were • requested, • utilized, or • denied • Advocate will protect the survivor’s right to decide who knows their information • Advocate doesn’t decide to disclose, what to disclose, or to whom. • The survivor can instruct the advocate to disclose.
30. Rules for Releasing Information Any Release of Survivor Information Must Be: 1. Informed 2. Written 3. Reasonably Time-Limited Should Be: ➢Survivor Centered ➢Specific
31. Sharing Information The Confidentiality Institute Police Board Members Auditors Other Programs Task Force Allies Funders Can share information within your program if the purpose of sharing the information is intended to achieve the survivor’s goal.
32. Releases from other organizations VAWA and FVPSA cover domestic violence programs • To release any information to any other program, VAWA/FVPSA regulations apply every time. • Amount of confidentiality assured (in ascending order): • Law enforcement • Social service program (non-DV) • DSS • Child Advocacy Center • HIPPA • VAWA/FVPSA • Attorney/client privilege • Court Orders signed by a judge and with no motion to quash or appeal
33. Collaboration and Communication • Explaining VAWA to partners who are not covered under VAWA • Asking for information from partners who are covered under VAWA “I’m not covered under VAWA. Why do I need to know about VAWA confidentiality?”
34. Written •Written and signed every time •No verbal releases •Be creative The Confidentiality Institute
35. Informed Survivor describes: •what to disclose •how to disclose it •and to whom it is disclosed The Confidentiality Institute
36. Reasonably Time-limited • “Reasonable” is the amount of time it will take for the professional to reasonably share the information with the person to whom the survivor has allowed you to share it with. • No pre-written release time limits The Confidentiality Institute
37. Be creative! How can the survivor share their own information instead of involving your agency?
38. Mandatory Reporting in Maryland When to report • Child Abuse (CPS) • Includes Trafficking of minors even without a trafficker • Abuse of Vulnerable Adults (APS) • Mental health clinicians have a “duty to warn” for suicide and homicide • Health care professionals must report gunshot wounds When NOT to report • Intimate Partner Sexual Assault • Domestic violence involving non- vulnerable adults • Teen Dating Violence
39. Mandatory Reporting in Maryland Child Abuse Who are Mandated Reporters? • Health Practitioner • Educator • Human Service Worker • Police Officer When Must There be a Report? • When there is reason to believe that a child has been subjected to abuse or neglect.
40. Mandatory Reporting in Maryland Child Abuse What Must Be Included In The Report? 1. Name, age, and home address of the child 2. Name and home address of the child's parent or other person who is responsible for the child's care 3. The whereabouts of the child 4. The nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect; and 5. Any other information that would help to determine: • the cause of the suspected abuse or neglect; and • the identity of any individual responsible for the abuse or neglect.
41. Mandatory Reporting in Maryland Child Abuse Timing of the Report? ➢An oral report should be made as soon as possible to DSS or law enforcement ➢A written report within 48 hours to DSS and State’s Attorney
42. Mandatory Reporting in Maryland Child Abuse Exceptions? ➢Attorney-Client Privilege ➢Clergy Privilege Does it Matter Where or When the Abuse Occurred? ➢ Suspected abuse or neglect that occurred in Maryland ➢ Suspected abuse or neglect of a child that lives in Maryland regardless of where the abuse is alleged to have occurred
43. Mandatory Reporting in Maryland Duty to Warn Applies to Mental Health Care Providers ▪ Knew of the patient’s propensity for violence, and ▪ The patient indicated to the mental health care provider by speech, conduct, or writing, of the patient's intention to inflict imminent physical injury upon a specified victim or group of victims Must Make Reasonable and Timely Efforts To: 1. Seek civil commitment of the patient; 2. Formulate a diagnostic impression and establish and undertake a documented treatment plan calculated to eliminate the possibility that the patient will carry out the threat; or 3. Inform the appropriate law enforcement agency and, if feasible, the specified victim or victims of: • The nature of the threat; • The identity of the patient making the threat; and • The identity of the specified victim or victims.
44. Collecting Information from Survivors Intake, Demographics, Trauma History, etc.
45. Intake • Ask the questions: ➢What information am I collecting? ➢Why am I collecting it? ➢Do I really need it? ➢Whose needs are being met with asking these questions/getting this information? ➢What are the risks to obtaining this information? ➢What will happen if this information leaves this program? ➢Does the survivor have a choice in answering the questions? The Confidentiality Institute
46. Retention and disposal of records • Best practice: Keep the minimum amount of information for the minimum amount of time necessary. • Assess benefits vs. risks of keeping information • Purge! • How do you destroy paper files? • Delete is not destroy for electronic files. • Explain to survivors that you may ask for information again in the future because you keep data only for _______. • Safety plan with survivors about where they can keep additional records (copies of ID, applications, etc.) since you will not have a copy after a certain period of time. The Confidentiality Institute
47. Subpoenas for Information You Have Been Subpoenaed…Now What?! Stay Calm – a subpoena is not a court order and while you must respond, you can attempt to quash it. ➢Call your supervisor ➢Call the person who requested the subpoena ➢Call a lawyer for your program The Confidentiality Institute
48. Protecting the survivor’s privacy protects the agency
49. Additional Resources nnedv.org/resource-library/ has: • FAQ’s • Templates • Tipsheets • Charts • Appendices with links to the law For further information: • safetynet@nnedv.org
50. Domestic Violence & the Criminal Justice System
51. Why Victims Do Not Call the Police For Victims that Never Called the Police 53% Not Being a Perfect Victim 46% Gender – a man won’t believe me and will side with abuser 24% Police Lack Understanding of Domestic Violence 22% Race, Ethnicity, Immigration Status 20% Politics, Offender Connections Domestic Violence Support | The National Domestic Violence Hotline (thehotline.org)
52. Why Victims Do Not Call the Police For Victims that Called the Police 80% Afraid Police Would Not Believe Them or Would Do Nothing 51% Afraid Calling the Police Would Make Things Worse, The Offender Would Only Get a Slap on the Wrist, They Would Experience Negative Consequences 28% Feared Police Would be Violent With Them, Would Threaten or Actually Arrest Them 22% Feared Police Would be Rude to Offender or Negative Consequences for Offender with Police Involvement Domestic Violence Support | The National Domestic Violence Hotline (thehotline.org)
54. Break
55. Civil Court or Criminal Court or Non-Legal Options
56. Domestically Related Crimes Maryland Does Not Have Criminal Offenses Specific To Domestic Violence Maryland Does Have A Specific Designation For “DOMESTICALLY RELATED CRIMES” Criminal Procedure § 6-233 • If eligible for a protective order – Family Law § 4-501 definitions • If defendant is convicted or receives a PBJ • If requested by State’s Attorney • If the state proves by a preponderance of the evidence • Designation shall become part of the court record for purposes of reporting to the Criminal Justice Information System Central Repository
57. Criminal Law Criminal Law Title 3: Crimes Against the Person Subtitle 2: Assault, Reckless Endangerment, and Related Crimes • § 3-202. Assault in the first degree (felony) • § 3-203. Assault in the second degree (misdemeanor)
58. Assault 2nd Degree § 3-203. Assault in the second degree (misdemeanor) 1. Defendant caused offensive physical contact with, or harm to, the victim 2. The contact was the result of an intentional or reckless act 3. The contact was not consented to or was not legally justified 4. Punishable by up to 10 years imprisonment, fine not exceeding $2,500 or both.
59. Assault 2nd Degree § 3-203. Assault in the second degree (misdemeanor) Three types of common law assault: 1. Intent to Frighten 2. Attempted Battery 3. Battery
60. Assault 1st Degree § 3-202. Assault in the first degree (felony) • A person may not intentionally cause or attempt to cause serious physical injury to another • A person may not commit an assault with a firearm • A person may not commit an assault by intentionally strangling another • Penalty - imprisonment not exceeding 25 years
61. Warrantless Arrest Criminal Procedure §2–202 Police may not arrest for a misdemeanor that occurs outside the presence of an officer. Except: 1. Misdemeanor or Felony in the presence of an officer 2. Misdemeanor or Felony that the officer has probable cause to believe is being committed in their presence or view 3. Felony that has been committed or attempted if there is probable cause regardless of whether in presence or view of officer
62. Warrantless Arrest for Domestic Abuse – Criminal Procedure §2–204 May arrest without a warrant if: 1. There is probable cause to believe that: • battery of a spouse or person with whom the person resides; and • there is evidence of physical injury; and • unless the person is arrested immediately, the person: ➢ may not be apprehended; ➢ may cause physical injury or property damage to another; or ➢ may tamper with, dispose of, or destroy evidence; and 2. A report to the police was made within 48 hours of the alleged incident.
63. Family Law §4-511 Removal of Firearms In general, responding to the scene of an alleged act of domestic violence, an officer may remove a firearm if: • They have probable cause to believe an act of DV has occurred AND • The officer has observed the firearm on the scene during the response
64. Stalking: Criminal Law §3-802 The defendant engaged in a malicious course of conduct: 1. Where the person intended to or knew or should have known that the course of conduct would place the victim in reasonable fear that the victim would be seriously injured, assaulted, raped, sexually assaulted, falsely imprisoned, or killed; or 2. The person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another.
65. Reporting a Crime ❖ Call the police/911 ❖ Go to a police station and report the crime ❖ File a Criminal Complaint in District Court of Maryland
66. Filing a Criminal Complaint in District Court Fill out an Application for Statement of Charges ▪ Who – your contact information and identify the person you are accusing of committing a crime. ▪ Description – describe the person you are accusing ▪ When – time, day, month, year of the offense ▪ Where – location offense happened ▪ What – with as much detail as possible, describe exactly what happened ▪ Why – provide any facts that may show intent ▪ How – explain how the offense was committed
67. Filing a Criminal Complaint with a District Court Commissioner ❖ Reviewed by a commissioner to determine if there is probable cause ❖ Can find no probable cause ❖ Can issue an arrest warrant ❖ Can issue a summons
68. Criminal Court Process • Arrest • Initial Appearance before Judge/Commissioner • Notified: • each offense charged and the allowable penalties for each offense • the right to counsel • the right to a preliminary hearing, if applicable. • Plead Guilty or Not Guilty • Guilty - Sentencing • Not Guilty - Reviews charging documents and determines to remain in custody, or the terms of pre-trial release (bail/bond) • Trial by jury or bench trial • Pleas/Found Guilty/Found Not Guilty
69. Mentimeter
70. Victim Participation in CJS # % Total incidences of IPV 517 100% Incidences reported to police 130 25.14% Police showed up to investigate 103 19.92% There was an arrest 61 11.79% Charges were filed 43 8.31% There was a conviction or guilty plea 16 3.09% The abusive partner spent time in jail 10 1.93% (2015) Intervention Following Family Violence: Best Practices and Helpseeking Obstacles in a Nationally Representative Sample of Families With Children
71. Victims Rights Maryland Declaration of Rights – Article 47 1. A victim of crime shall be treated by agents of the State with dignity, respect, and sensitivity during all phases of the criminal justice process. 2. In a case originating by indictment or information filed in a circuit court, a victim of crime shall have the right to be informed of the rights established in this Article and, upon request and if practicable, to be notified of, to attend, and to be heard at a criminal justice proceeding, as these rights are implemented and the terms “crime”, “criminal justice proceeding”, and “victim” are specified by law. 3. Nothing in this Article permits any civil cause of action for monetary damages for violation of any of its provisions or authorizes a victim of crime to take any action to stay a criminal justice proceeding.
72. Victims Rights ❖ Notification of court events ❖ Attend court proceedings ❖ Victim impact statement ❖ Restitution ❖ Right to be informed of a plea ❖ Reasonable protections for safety ❖ Right to appeal ❖ Right to notification of parole hearing ❖ Right to notice of revocation proceedings
73. VAWA & CJS “VAWA states that the federal government’s position is that criminalization should be the primary response to IPV and put significant resources behind it.” Follow the money FY 1994 VAWA Funds FY 2013 VAWA Funds FY2017 VAWA Funds • 62% = Criminal Justice System • 38% = Social Services/Victim Services • VAWA’s two largest grant programs combined provided $266 million to the CJS • Only $40 million went to transitional housing, despite the #1 unmet need of survivors being housing. • 85% = Criminal Justice System • 15% = Social Services/Victim Services
74. What the Criminal Court Process Offers • Stops a violent incident in the moment Creates separation through: • Prosecution, conviction, and incarceration • Resources for people subjected to abuse • Victim/witness advocates • Crime victim compensation • Community-based organizations • Expressive function of the law
75. Costs of Criminalization Mass incarceration • The US incarcerates more of its citizens per person than any other country in the world Often harms victims • Dual arrests/no arrests, mis-identifying victims vs. abusive partners • Desires/safety of victims not 1st priority • Increased state control over women • Revictimization by the system Disproportionately impacts certain communities • Communities of color • Undocumented • LGBTQIA+ Social stigma Collateral consequences Restrictions on voting, public housing, education grants, etc. Employment Community stability Incarceration, violence & trauma $$$$$
76. Alternatives to Criminalization • Economics • Economic stress and IPV are strongly correlated • Financial abuse occurs in 99% of IPV relationships • Housing • Paid family leave, EITC, free childcare etc. • Public Health • Prevention!! • Community • Restorative justice • Community accountability
77. Restorative Justice
78. Restorative Justice Restorative processes bring those harmed by crime or conflict, and those responsible for the harm, into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward. • About repairing harm • Be a voluntary process • Safe and accessible • With impartial facilitators • Respect for all participants. • Victim-offender mediation • Restorative conferencing • Family group conferencing • Victim-offender groups • Sentencing/peace-making circles. MUST BE Types & Variations of RJ
80. Break
81. Civil Legal Remedies
82. Which Order Should a Victim Get? A victim is eligible for a Protective Order if they are being abused by: • A current or former spouse • Someone with whom they have a child • Someone they have lived with as a sexual partner for at least 90 days out of the past year (“cohabitant”) • A parent, stepparent, child, or stepchild they have lived with for at least 90 days within the past year • Any person to whom they are related by blood, marriage, or adoption • An individual with whom they have had a sexual relationship within the last year • Within six (6) months before the filing of the petition the respondent committed rape or a sexual offense or attempted rape or sexual offense against me. If the relationship is not one of the above, they can file for a Peace Order instead.
83. Which Order Should a Victim Get? Time Limitations • Peace Order: Abusive act must have occurred within last 30 days • Protective Order: Abusive act can have occurred ANY time in the past (although it is recommended to file as soon as possible)
84. Civil Legal Options • Peace & Protective Orders “Abuse”: • An act that caused physical harm • An act that placed you in fear of serious bodily harm • Assault in any degree • Completed or attempted rape or sexual assault • Stalking • False imprisonment • Revenge Porn For a Peace Order, they may also be eligible if you have experienced: • Harassment • Trespassing • Malicious destruction of property • Misuse of telephone facilities and equipment • Misuse of electronic communication or interactive computer service • Criminal visual surveillance
85. Mentimeter: Peace Order or Protective Order
86. How to Get a Protective Order • During court hours go to a Circuit or District Court clerk • If there is an open civil case (divorce, visitation) you should go to that court, but do not have to. • After court hours go to a District Court commissioner • A district court commissioner can issue an interim protective order which goes into effect when the respondent is served • File a petition • See the judge and testify under oath • Judge can issue a Temporary Protective Order • If the judge finds reasonable grounds to believe that the respondent committed the acts alleged in the petition • Final hearing • Usually within 7 days of Temporary Protective Order • Can grant a final protective order
87. How to Get a Peace Order • During court hours go to a District Court clerk • After court hours go to a district court commissioner • A district court commissioner can issue an interim peace order which goes into effect when the respondent is served • File a petition • See the judge and testify under oath • Judge can issue a Temporary Peace Order • If the judge finds reasonable grounds to believe that the respondent committed the acts alleged in the petition • Final hearing • Usually within 7 days of Temporary Peace Order • Can grant a final peace order
88. Protections Available • For BOTH Interim and Temporary Protective AND Peace Orders, the judge can grant “stay away” or “no contact” orders that say the respondent MUST: • stop abusing or threatening to abuse you • stop contacting, attempting to contact, or harassing you • stay away from your work, school, or residence
89. Protections Available • For Interim and Temporary Protective Orders, the judge can: • order your abusive partner to move out of the home where you both live • order your abusive partner to stay away from your childcare provider • grant you temporary custody of your children • grant you temporary use and possession of the home, if you live together • grant protections for your children, friends, family members, or pets who have been threatened or hurt by your abusive partner • order the surrender of firearms to law enforcement
90. Protections Available, Contd. • For Final Protective orders, you can request that the judge add provisions concerning: • professional counseling • financial support • visitation arrangements • temporary use and possession of a vehicle • any other relief that the judge determines is necessary to protect you, i.e. obtaining important documents, providing health insurance, or staying away from a specific place
91. Protections Available, Contd. • For Final Protective Orders, the judge MUST: • order that the abuser surrender and refrain from possessing firearms for as long as the Order is in effect • For Peace Orders, the judge can order your abuser to: • attend professional counseling • pay filing fees and costs
92. Violations Law enforcement is REQUIRED to arrest the respondent for violating “no contact” or “stay away” parts of an Interim, Temporary, or Final Protective or Peace Order. Violations may bring up to 90 days in jail and/or a $1,000 fine. • For Protective Orders, all subsequent violations afterwards may bring up to one year in jail and/or a $2,500 fine. • If the respondent violates other provisions of a Protective Order (child custody, visitation, financial support, counseling, firearms, etc.), they may be cited for “contempt of court.” • For Peace Orders, if the respondent violates other provisions (attend counseling, pay fees, etc.) they may be cited for “contempt of court.”
93. ERPOs – Effective 10/1/2018 What is an Extreme Risk Protective Order (ERPO), and what CAN it do? An Extreme Risk Protective Order (ERPO) is a court-issued civil order temporarily requiring a person to: • surrender any firearms or ammunition to law enforcement; and • not purchase or possess firearms or ammunition. With reasonable belief that a person meets the requirements, an ERPO allows the court to refer someone for an emergency evaluation due to mental disorder.
94. ERPOs Who can file an Extreme Risk Protective Order? The person requesting an ERPO is the petitioner. The petitioner may be a: • spouse; • cohabitant; • relative by blood, marriage, or adoption; • person with child(ren) in common; • current dating or intimate partner; • current or former legal guardian; • law enforcement officer; • medical professional who has examined the respondent (this includes a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, etc.
95. ERPOs Who is an Extreme Risk Protective Order filed against? A person who poses an immediate and present danger of causing personal injury to self or others by having firearms. The person who is alleged to be a danger is called the respondent. Factors demonstrating possible risk include: • alarming behavior and statements; • unlawful firearm possession; • reckless or negligent firearm use; • violence or threats of violence to self or others; • violating peace or protective orders; • drug and/or alcohol abuse; and/or • information contained in health records. An Extreme Risk Protective Order can be filed against a minor.
96. Family Court ❖ Divorce ❖ Custody ❖ Child Support
97. Lunch
98. Coordinated Community Response
99. Clip – Coordinated Community Response Teams https://www.youtube.com/watch?v=TWFttGjDE5s
100. Menti: Have you ever participated in a CCR?
101. Menti: What type of CCR was it?
102. Overarching Questions • What is a coordinated response? • What does one really look like? • What impact does a solid coordinated response have on the lives of survivors and their families?
103. Guiding Principles of CCR • Requires coordination and partnership from many agencies and stakeholders • Domestic violence programs should be the driving force • Balance of diplomacy and assertive advocacy
104. Good Collaborators • Have empathy and understanding towards others’ perspectives • Articulate their own needs clearly • Actively listen • Advocate strongly for survivors
105. The Interfaith Community Train clergy and lay leaders: • Emphasize empowerment advocacy and referral • Include screening for domestic violence in pastoral counseling • Stay connected: Outreach materials, thank you notes, personal invitations • Targeted donation drives (“adopt the shelter,” etc.) • Encourage them to sign up for MNADV newsletter
106. The Health Care System • Cross-train staff • Identify, screen, and assess • Mandated reporting • Referrals and resources • Encourage protocols and procedures for patients to be screened, assessed, and referred alone • Outreach materials • Maryland Health Care Coalition Against Domestic Violence • Futures Without Violence • MNADV • Encourage utilization of hospital-based DV programs
107. The Department of Social Services (DSS) • Cross-train staff • Develop screening and referral protocols • Identify loopholes and procedures that allow survivors to receive services promptly. • Safety plan around appointments • Advocate for the survivor to obtain needs such as purchase of care (daycare) vouchers, transportation • Attend and advocate at systems-level meetings
108. Mental Health & Substance Use Programs • Cross-train staff • Referral protocols for survivors and abusive partners • Encourage discussion around: • Psychiatric diagnosis • Trauma and mental distress • Common mental health disorders of survivors and abusive partners • Coping strategies (healthy and unhealthy) • Stages of change • Harm reduction strategies • Program restrictions and practices REMEMBER! • Mental health disorders/ substance use do not cause DV • Both the survivor and the abusive partner may be struggling • Mental health disorders/substance use are often used as a way to blame the victim while excusing the abusive partner’s behavior • A victim’s perception of their situation and the potential danger they are in can be impacted by their mental health disorder and/or substance use
109. Legislators • Participate in legislative committees and lobby days • Attend hearings on issues that will impact survivors • Send hand-written letters and/or call legislators to advocate for survivors’ rights and needs: • https://whoismyrepresentative.com/ • https://www.house.gov/representatives/ find-your-representative • http://mgaleg.maryland.gov/ • Invite legislators to speak and/or participate in awareness-raising activities
110. Law Enforcement • Cross-train • Domestic violence dynamics • Confidentiality requirements • Stages of change • Identify a main contact • Outreach materials • Follow-up • Collaboration impacts safety planning!
111. Military • Join our new CCR focusing on improving responses for military service members, veterans, and their families. • Service members, veterans, and their families form almost 8% of Maryland’s population. • Learn who your military counterparts are. • Participate in events on military installations and invite your military and veteran counterparts to participate in your organization’s events. • Next meeting is from 9:30-11am Wednesday, August 25, 2021.
112. Menti: What would be the greatest benefit to you of a CCR?
113. Break
114. Dating Violence Teens and young adults
115. Dating Violence Physical, sexual, psychological, or emotional violence within a dating relationship, including stalking. It can occur in person or electronically and might occur between a current or former dating partner (CDC).
116. Issues To Be Aware Of • Sexting • Healthy sexual curiosity and development • Age of consent vs. actual consent • The impact of slut shaming • Agency and body autonomy • The ways in which abusers groom their victims • Trafficking
118. Behind the Post
120. Menti: What are the unique dynamics of Teen Dating Violence?
121. Youth Dating Violence • Nearly 1.5 Million high school students nation wide experience dating violence in a single year. • 1 in 10 Highschool students have been purposefully hit, slapped, or physically hurt by an intimate partner. • Violent behavior often begins between the ages of 12 and 18. • The severity of IPV is often greater in cases where the pattern of abuse was established in adolescence • Only 33% of teens who were in an abusive relationship told someone about the abuse. Only 7% say they would talk to police.
122. Youth Dating Violence • One in three (36%) dating college students has given a dating partner their computer, online access, email or social network passwords and these students are more likely to experience digital dating abuse. • 81% percent of parents believe teen dating violence is not an issue or admit they don’t know if it’s an issue. • Though 82% of parents feel confident that they could recognize the signs if their child was experiencing dating abuse, a majority of parents (58%) could not correctly identify all the warning signs of abuse.
123. Citation • Centers for Disease Control and Prevention, “Physical Dating Violence Among High School Students—United States, 2003,” Morbidity and Mortality Weekly Report, May 19, 2006, Vol. 55, No. 19 • Grunbaum JA, Kann L, Kinchen S, et al. 2004. Youth Risk Behavior Surveillance—United States, 2003. Morbidity and Mortality Weekly Report. 53(SS02); 1-96. Available at http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5302a1.htm. • 6 Rosado, Lourdes, The Pathways to Youth Violence; How Child Maltreatment and Other Risk Factors Lead Children to Chronically Aggressive Behavior. 2000. American Bar Association Juvenile Justice Center. • S.L. Feld & M.A. Strauss, Criminology, 27, 141-161, (1989). • Liz Claiborne Inc., conducted by Teenage Research Unlimited, (February 2005). • “Women’s Health,” June/July 2004, Family Violence Prevention Fund and Advocates for Youth, http://www.med.umich.edu/whp/newsletters/summer04/p03-dating.html • Fifth & Pacific Companies, Inc. (Liz Claiborne, Inc.), Conducted by Teen Research Unlimited, (May 2009). “Troubled Economy Linked to High Levels of Teen Dating Violence & Abuse Survey 2009,”
124. Reproductive Coercion as a form of IPV
125. What is Reproductive Coercion? Behaviors aimed to maintain power and control in a relationship related to reproductive health by a current or former partner.
126. Making the Connection: Reproductive Coercion
127. How might someone interfere with their partner’s reproductive health? Mentimeter Question:
128. How Partners May Interfere •Explicit attempts to impregnate a partner against her wishes •Controlling outcomes of a pregnancy •Coercing a partner to have unprotected sex •Interfering with birth control methods
129. What Pressure Might Sound Like: “I will hurt you if you don’t become pregnant” “I will leave you if you don’t become pregnant” “I will ‘out’ you if you don’t have a baby with me” What coercion might sound like: “He told me what to do with the pregnancy” “I didn’t have a choice” “I was afraid of him” “She said this was the only way we could be a real family” How many of you have talked to survivors about this? Has this come up before?
130. Universal Screening • Do not assume that non-heterosexual survivors have not experienced reproductive or sexual coercion • Do not assume that cisgender men have not experienced reproductive or sexual coercion • Transgender people experience sexual violence at a greater rate than the general population and most often in the context of an intimate relationship. • Trans survivors may need to utilize a variety of reproductive health services
131. Screening ▪ Discuss reproductive coercion ▪ Safety plan ▪ Transportation ▪ Financial assistance ▪ Childcare ▪ Review available options Talking with Survivors… Screening ▪When entering shelter, conduct brief intake with minimal questions, including “Do you have any immediate health care concerns?” ▪Follow-up with standard intake that includes reproductive coercion and health assessment questions ▪MNADV can assist in creating these questions, upon request
132. Clip: Aleisha Pregnancy Pressure and Coercion
133. Safety Planning Considerations • Cultural relevancy • Birth control that partner doesn’t have to know about • Emergency Contraception • Pregnancy testing • STI testing and partner notification • Transportation • Financial Assistance • Childcare
134. Emergency Contraception ▪ Survivors are more likely to have not used birth control due to affordability and abusive tactics and therefore are more likely to have used emergency contraception ▪ Weight considerations ▪ On-site shelter option
135. Pre-Exposure Prophylaxis (PrEP) ▪ A combination of two HIV medicines (tenofovir and emtricitabine), sold under the name Truvada® (pronounced tru vá duh), is approved for daily use as PrEP to help prevent an HIV-negative person from getting HIV from a sexual or injection-drug-using partner who’s positive. ▪ Studies have shown that PrEP is highly effective for preventing HIV if it is used as prescribed.
136. Pre-Exposure Prophylaxis (PrEP)continued ▪ Studies have shown that PrEP reduces the risk of getting HIV from sex by more than 90% when used consistently. Among people who inject drugs, PrEP reduces the risk of getting HIV by more than 70% when used consistently. ▪ The federal guidelines recommend that PrEP be considered for people who are HIV-negative and in an ongoing sexual relationship with an HIV-positive partner.
137. • In February 2018, the Rape Survivor Family Protection Act was passed. • The law allows rape survivors who become pregnant by their attacker to petition the court to remove his parental rights, even with no conviction. A judge will use a clear and convincing evidence standard to make that decision. Rape Survivor Family Protection Act
138. Effectively Preparing Your Program ▪Train all staff ▪Ensure intake process is trauma-informed ▪In brief intake upon entrance to program include question: “Do you have any immediate health concerns?” ▪Follow-up intake to include reproductive coercion and health assessment ▪Offer Health Care Information Sheet to all residents ▪ (Example available through MNADV, upon request) Virginia Sexual &Domestic Violence Action Alliance
139. Preparing Your Program… • Develop list of family planning/reproductive health clinics that include: • Phone numbers • Locations • Transportation options • Income requirements/fees for service • Hours of clinics, services offered, and hours which certain services are offered (when do they do HIV testing? When do they see new patients?) • Do they offer Emergency Contraception?
140. Preparing Your Program… • Develop list of local pharmacies that carry Emergency Contraception and how much they charge • Establish formal relationship with at least one family planning and/or reproductive health clinic and offer cross-education • Attend their staff meeting to share info on your services • Invite a clinic staff person to attend one of your staff meetings to share info on their services Virginia Sexual &Domestic Violence Action Alliance
141. • Discuss how cross-referrals may be made to increase access • Make a plan for routine presentations to program staff (MNADV can provide, if requested) • Sign Memorandum of Understanding (MOU) with local family planning clinic(s) • Example available through MNADV upon request Preparing Your Program… Virginia Sexual &Domestic Violence Action Alliance
142. Resources • Futures Without Violence – multiple curriculums, tipsheets, free safety cards, and webinars available at www.futureswithoutviolence.org • Virginia Sexual & Domestic Violence Action Alliance - Reproductive and Sexual Coercion Toolkit www.vsdvalliance.org • All Options Talkline (pregnancy options counseling) 1-888-493-0092 M-Fri 10-1am, Sa-Su 10-6 EST
143. Break Time
144. Intimate Partner Sexual Violence Meredith Varsanyi, she/her/hers, MCASA Policy Advocate: Community Engagement
145. Advocacy. Education. Outreach. Mission: To help prevent sexual assault, To advocate for accessible, compassionate care for survivors of sexual violence, To work to hold offenders accountable. www.mcasa.org
146. Criminal Justice Advocacy • Advocate for rights of crime victims • General legal advocacy and counsel regarding the criminal justice process 8/18/2021 info@mcasa.org | 301.328.7023 | P.O. Box 8782 Silver Springs, MD 20907 Provides direct legal services to survivors of sexual violence statewide Offers technical assistance & training for attorneys, rape crisis center staff & volunteers, as well as other professionals Confidential SALI Number: (301) 565-2277 Sexual Assault Legal Institute (SALI) Civil Services for Survivors • Peace and Protective Order • Privacy Issues • Financial Compensation • Housing Issues • Employment Law Matters • Primary and Secondary School Issues • Immigration • Family Law Matters • Referrals for Tort Cases • Safety Planning
147. • Sexual Violence • Intimate Partner Sexual Violence • Barriers to Reporting • Prevention • Questions & Closing 147 Overview
148. 148 Sexual violence is any unwanted or forced sexual act What is Sexual Violence?
149. 149 Who does it impact? Everyone! • Consider: • Race • Age • Disability • Gender Identity • Sexual Orientation • Socioeconomic Class • Residential Status • Work • Housing
150. 150 Why does it happen? • Individual choice • Risk Factors vs Protective Factors • Rape Culture • Oppression • Failures in the systems
151. The Role of Sexual Abuse in Intimate Partner Violence • Most sexual assaults are committed by someone known to the victim. • Intimate Partner Sexual Violence (IPSV) - any unwanted sexual contact or activity by an intimate partner. • Part of any ongoing cycle of abuse • Can happen in any type of relationship
152. • Spectrum of behaviors • May progress across the spectrum • Motivation stems from the perpetrator’s need for dominance and control • Perpetrated by the belief that power must be power-over vs power-shared 152 Examples of IPSV
153. Intimate Partner Violence Statistics 1 in 10 women 8% of men 71% of women under age 25 55% of men under age 25 44% of lesbians 61% of bisexual women 22.3% black MSM 17% of Black women 37.1% of Hispanic women 19.7% women with a disability Trans women 2.5x more likely 75% percent of women in shelters
154. Barriers to Reporting IPSV • Legal Barriers • Ability to get a divorce • Distrust in police / legal system • Mandated reporting laws • Economic Barriers • Financial instability • Partner is source of income • Lack of resources in the area • May share housing with abusive partner
155. Barriers to Reporting IPSV • Cultural & Societal Barriers • Fear of not being taken seriously • Fear of abuser retaliation • Fear of shame, blame, embarrassment • Fear for children and pets • Dependency on partner • Divorce goes against cultural/religious beliefs • Lack of general resources/education
156. Prevention 156
157. Types of Prevention PRIMARY: Preventing sexual assault before it happens Sexual violence perpetration SECONDARY: Immediate response after sexual assault has occurred TERTIARY: Addressing long- term outcomes after assault has occurred
158. Primary Prevention Stopping the violence from ever happening!
159. Individual-level Approaches to Primary Prevention • Knowledge and skill-building programming • Addressing individual attitudes and beliefs about sexual violence • Looking at evidence-based programs • Evaluate to see if knowledge or attitude change has occurred
160. Cultural and Institutional Primary Prevention “In a rape culture both men and women assume that sexual violence is a fact of life, inevitable . . . However . . . much of what we accept as inevitable is in fact the expression of values and attitudes that can change.” – Emilie Buchwald, Pamela Fletcher, Martha Roth: Transforming a Rape Culture (1993) 8/18/2021
161. Making the community safer and free of sexual violence.  Social norms approach  Focus on changing the community  Building partnerships!  Identify what areas in the community are unsafe  Environmental / Situational approaches Other Approaches to Primary Prevention Stopping sexual violence perpetuated by harmful or negative relationships • Mentoring & peer education programs • Socio-emotional learning • Bystander intervention • Focus on a multitude of different relationships Relationship Approaches Community Approaches • Addressing social and cultural norms • Promote both state and federal laws that support survivors 8/18/2021 Societal Approaches
162. Individual-level Approaches to Secondary Prevention info@mcasa.org | 301.328.7023 | P.O. Box 8782 Silver Springs, MD 20907 8/18/2021 Focuses on preventing the exacerbation of trauma immediately after sexual assault has occurred • Short-term crisis intervention services • Counseling (individual, group) • 24-hour crisis hotlines • Shelters
163. Community-level Approaches to Secondary Prevention Coordinated response efforts • Sexual Assault Response Team (SART) • Advocacy • Medical • Sexual Assault Forensic Examiner • State’s Attorneys Office • Law Enforcement A multidisciplinary team that works collaboratively to provide specialized services for victims of sexual assault & rape 8/18/2021
164. • Supporting victims through the entire process • Ensuring that medical and legal providers collect evidence effectively and follow a chain of custody • Building a network of community referrals to meet the victims practical, emotional, spiritual, and economic needs • Minimizing re-traumatization of victims info@mcasa.org | 301.328.7023 | P.O. Box 8782 Silver Springs, MD 20907 8/18/2021 The Importance of a Coordinated Response
165. CONTACT INFO Phone Number (301) 328-7023 Website mcasa.org Mailing Address P.O. Box 8782, Silver Spring, MD 20907 165 Meredith Varsanyi (she/her/hers) Policy Advocate: Community Engagement mvarsanyi@mcasa.org
166. Wrapping Up End-of-Day Self-Care Exercise Evaluations Questions
167. Self-Care Moment: Boundaries & Peace
168. Work-Life Balance
169. Leaving Work at Work Before Leaving Work Make list of things accomplished Make a to-do list for the next day Clean up desk Water plants Stretch On Your Way Home Walk or bike home from work through a beautiful neighborhood or park Read a novel while taking the bus or metro Listen to an audiobook, podcast, or music on the drive home Right Away at Home Changing out of work clothes as soon as you get home Taking a 5- or 10- minute period to be quiet or meditate Exercising Playing with your pet or child
170. Menti: What can you control in your work?
171. Menti: What can you let go of at work?
172. Menti: What is one boundary you can put in place to take care of yourself?
173. Personal Self-Care Strategies • Finding Peace • Examine personal traumatic experiences and assess triggers • Community engagement in social justice issues • Practice saying no • Practicing gratitude • Find a creative outlet • Connecting to your “people” • Listening Adapted from Kerri True-Funk Trauma That is Not Their Own: Rape Crisis Center Staff and Vicarious Trauma
174. Therapy
175. Menti: Is it okay for advocates to go to therapy?
176. Menti: What brings you peace?
177. Evaluations Questions to think about: • What did you learn that you’re going to take with you back to your work? • Is there something you wanted to learn about that wasn’t addressed, or wanted more time spent on it? • Was there something that can be improved for next time? https://md.coalitionmanager.org/formmanager/formsubmission/create?formId=149
178. Questions???
179. Stay Connected