MNADV Statewide Comprehensive IPV Training Round Two-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: Confidentiality, Criminal and Civil Legal Remedies, Lethality, Immigration, Dating Violence, Reproductive Coercion, Stalking
2. Meet the Team Angel Campbell Training & Technical Assistant 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 Prevention Coordinator
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. Day Four Agenda Review/Debrief of Day 3 Confidentiality/Mandatory Reporting BREAK Criminal Legal System & Civil Legal Remedies BREAK Criminal Legal System & Civil Legal Remedies Continued Lethality LUNCH Immigration BREAK Dating Violence Reproductive Coercion BREAK Stalking 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 One 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?
8. Confidentiality Protecting Survivors’ Information
9. 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
10. Why is privacy/confidentiality/privilege so important to survivors of domestic violence?
11. 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
12. “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.
13. Rules for Releasing Information Any Release of Survivor Information Must Be: 1. Informed 2. Written 3. Reasonably Time-Limited Should Be: ➢Survivor Centered ➢Specific
14. 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.
15. 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
16. 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?”
17. Written •Written and signed every time •No verbal releases •Be creative The Confidentiality Institute
18. Informed Survivor describes: •what to disclose •how to disclose it •and to whom it is disclosed The Confidentiality Institute
19. 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
20. Be creative! How can the survivor share their own information instead of involving your agency?
21. 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
22. 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.
23. 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.
24. 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
25. 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
26. 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.
27. Collecting Information from Survivors Intake, Demographics, Trauma History, etc.
28. 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
29. 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
30. 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
31. Protecting the survivor’s privacy protects the agency
32. Additional Resources nnedv.org/resource-library/ has: • FAQ’s • Templates • Tipsheets • Charts • Appendices with links to the law For further information: • safetynet@nnedv.org
33. Domestic Violence & the Criminal Justice System
34. 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)
35. 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)
37. Break
38. Civil Court or Criminal Court or Non-Legal Options
39. 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
40. 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)
41. 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.
42. 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
43. 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
44. 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
45. 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.
46. 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
47. 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.
48. 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
49. 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
50. 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
51. 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
52. Mentimeter
53. 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
54. 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.
55. 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
56. 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
57. 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
58. 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 $$$$$
59. 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
60. Restorative Justice
61. 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
63. Civil Legal Remedies
64. 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.
65. 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)
66. 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
67. Mentimeter: Peace Order or Protective Order
68. 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
69. 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
70. 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
71. 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
72. 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
73. 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
74. 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.”
75. 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.
76. 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.
77. 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.
78. Family Court ❖ Divorce ❖ Custody ❖ Child Support
79. Break Time
80. Risk & Lethality
81. Factors to Consider • Has used or threatened the victim with a weapon • Has threatened to kill victim and/or children • Has possession of or access to a firearm • Has previously or previously attempted to strangle the victim • Employs stalking behaviors to closely monitor the daily activities of the victim • Is consistently and violently jealous • Abusive partner’s unemployment status • Abusive partner has threatened suicide • Knows that the victim’s children are not biologically theirs • The victim has attempted to separate or leave the relationship • Uses sexual violence as a means of control • Is violent towards or kills family pets
82. Risk & Lethality • The most dangerous abusive partners are those who: • Engage in actual pursuit of the victim • Possess or are interested in weapons • Commit other crimes such as vandalism or arson • Are prone to emotional outbursts and rage • Have a history of violating protection orders, substance abuse, mental illness and/or violence, especially toward the victim • Have made threats of suicide or murder-suicide • The most dangerous times for a victim are when: • The victim has separated from the abusive partner • The abusive partner has been arrested or served with a protection order • The abusive partner has a major negative life event, such as the loss of a job or being evicted • The behaviors increase in frequency or escalate in severity
83. Risk & Lethality… • The most dangerous abusive partners are those who: • Engage in actual pursuit of the victim • Possess or are interested in weapons • Commit other crimes such as vandalism or arson • Are prone to emotional outbursts and rage • Have a history of violating protection orders, substance abuse, mental illness and/or violence, especially toward the victim • Have made threats of suicide or murder-suicide
84. Rape + Domestic Violence • Homicide • Woman forced to have sex when not wanted was the 5th most predictive item on risk assessment table.5 • A physically-abused woman also experiencing forced sex was more than 7x more likely than other abused women to be killed. 5 • Suicide • Those who experienced sexual assault were 5.3 times more likely to report threatening or attempting suicide compared with women who experienced physical abuse only.7 5 Campbell, et al., 2003 6 Adams 2007 7 McFarlane et al 2005 6
85. Stalking + Domestic Violence Intimate Partner Stalkers: • More separation attempts than victims of intimate partner violence alone1 • More likely to assault third parties than non-intimate stalkers2 • More likely to physically approach victim3 • More insulting, interfering and threatening3 • More likely to use weapons3 • Behaviors more likely to escalate quickly3 • More likely to re-offend3 1 Logan et al, Stalking victimization on the context of intimate partner violence (2007) 2 Sheridan and Davies Criminal Behavior and Mental Health, (2001) 3 The RECON Typology of Stalking, Mohandie et al (2006) = Increased risk for victims
86. Stalking + Domestic Violence • Stalking by an intimate partner without physical violence can still be life- threatening. • A partner who is overly jealous AND/OR controls daily activities are evidence-based factors of lethality. • Greater likelihood of attempted/actual murder: • 2x: Following and spying: • 4x: Threatening messages on car • 9x: Threats to harm children Jackie Campbell. 2003.“Risk Factors for Femicide in Abusive Relationships: Results From a Multisite Case Control Study”
87. Stalking turned lethal • Shana Grice, 19 - ex-boyfriend was stalking her • Reported the stalking to police 5 times in 6 months: • Following • Installing GPS on her car • Deflating her tires • Sending unwanted flowers • Threatening text messages • Breaking into her house to watch her sleep • Was fined for wasting police time and making a false report. • “He stalked her. That obsession with her translated into killing her. He would not allow anyone else to be with her.“
88. Physical Abuse + Stalking • Lethality Risk: • 76% of femicide by intimate partner victims had AT LEAST 1 episode of stalking within year prior to murder • 85% of attempted femicide by intimate partner had AT LEAST 1 episode of stalking within year prior to attempted murder McFarlane et al. Stalking and Intimate Partner Femicide, (1999) Physical Abuse Stalking Greater indicator of potential lethality than either behavior alone
89. Violence/Homicide In 1/3 of homicides related to DV, the homicide itself was the first act of physical violence. Jackie Campbell. 2003.“Risk Factors for Femicide in Abusive Relationships: Results From a Multisite Case Control Study”
90. Escalation of Threats 3/1/21 3/6/21 3/10/21 3/12/21 3/13/21 3/14/21 9 text messages in 1 night Threatening call Called victim’s workplace repeatedly Sent picture of dead roses to victim on Snapchat Parked across street all night Slashed tires
91. 9 text messages in 1 night Threatening call Called victim’s workplace repeatedly Sent picture of dead roses to victim on Snapchat Parked across street all night Slashed tires
92. “Just get a gun!” • Guns increase the probability of death in incidents of domestic violence.1 • Firearms were used to kill more than 2/3 of spouse and ex-spouse homicide victims from 1990-2005. 2 • DV assaults involving a firearm are 12x more likely to result in death than those involving other weapons or bodily force. 3 • Abused women are five times more likely to be killed by their abusive partner if the abusive partner has access to a firearm. 4 • Almost 37% of DV victims in one study reported having been threatened or harmed with a firearm. 5 • Laws that prohibit the purchase of a firearm by a person subject to a domestic violence restraining order are associated with a reduction in the number of intimate partner homicides. 6
93. “Just get a gun!” A Montgomery, Alabama man arrested this weekend faces two domestic violence charges after allegedly breaking into his ex-girlfriend's home, beating her and stealing a firearm she tried to protect herself with. … The victim ran to a bedroom, attempting to get a handgun for protection, but court records state Ramos-Cornado was able to gain control of the weapon and turn it on the victim. Ramos-Cornado then allegedly "pistol- whipped" and strangled the victim until she lost consciousness. When she awoke, her gun and multiple credit cards were missing. Police arrested Ramos-Cornado this Saturday, and he was jailed on bonds totaling $60,000. He was slated to appear in court on Monday morning.
94. Lunch
95. Immigration
96. 2015 YEAR IN REVIEW MNADV TRAINING| MAY 18, 2021
97. • Purpose • What we do and Who we Serve • Immigration Status: Barriers & Protections • Culturally Humble, Liguistically Competent • Questions & Answers AGENDA
98. PURPOSE • Identify barriers to justice for immigrant survivors of DV/SA • Identify immigration status as a red flag as a barrier to safety • Learn about different forms of immigration relief available • Identify whether your services are equipped to provide culturally humble, linguistically competent services to immigrant survivors of DV/SA
99. 99 TAHIRIH’S MISSION We protect courageous immigrant women and girls who refuse to be victims of violence. By elevating their voices in communities, courts, and Congress, we are creating a world where all women and girls enjoy equality and live in safety and with dignity.
100. TAHIRIH JUSTICE CENTER: WHAT WE DO ✓ Over 25,000 immigrant women and children served since 1997 ✓ Award-wining pro bono program, with a longstanding 99% litigation success rate and 50-70% of cases co-counseled ✓ A cutting edge leader on public policy advocacy on issues affecting immigrant women and girls ✓ Five locations: Greater Washington DC, Baltimore MD, Houston TX, San Francisco Bay Area CA, Atlanta GA
101. DIRECT SERVICES We offer a range of legal and social services to ensure that our clients can escape violence and rebuild their lives in safety IMMIGRATION LAW We represent immigrant women and girls who we believe have a legitimate claim to legal status under US immigration law as survivors of gender-based violence. FAMILY LAW We ensure our clients’ legal needs are met in family courts, safeguarding children against abuse and helping survivors of violence find a path toward safety and independence. CIVIL LAW We engage in appellate advocacy and impact litigation, and support clients recover damages from harms they have suffered, such as trafficking FORCED MARRIAGE PROTECTION We provide confidential support and assistance to individuals in the US who are facing forced marriages in this country or abroad. SOCIAL SERVICES We connect our clients to shelter, employment-related training, food pantries, and other services so they can gain greater control over their lives. MEDICAL SERVICES We help our clients obtain medical and mental health services, a vital step in the road to recovery from physical and psychological trauma.
102. ----2018 YEAR IN REVIEW 67% LATIN AMERICA 16% SUB-SAHARAN AFRICA 3 % CARIBBEAN 7% ASIA In 2018, our top 5 countries of origin were: 1. Honduras 2. El Salvador 3. Guatemala 4. Nigeria 5. México 7% MIDDLE EAST & N. AFRICA BALTIMORE Regions of Origin
103. FORMS OF VIOLENCE EXPERIENCED BY OUR CLIENTS 71% Of our clients have experienced domestic violence. NEARLY 1/2 have experienced additional forms of violence and abuse. • Sexual Assault • Rape • Honor Crimes • Domestic Violence • Female Genital Mutilation • Forced Marriage • Trafficking • Torture 70% Of our clients are fleeing gender-based violence that occurred on US soil
104. DOMESTIC VIOLENCE IN IMMIGRANT COMMUNITY
105. YOUR CLIENTS HAVE FACED UNIQUE BARRIERS TO SAFETY AND JUSTICE • Lack of appropriate language access: • Survivor has little to no English language skills • Police have no bilingual officer or access to interpreter • Abuser forces her to sign family law documents in English • Distrust of police from home country • Lack of information regarding legal rights and legal system often through deliberate misinformation by abuser • Limited or no access to public benefits 105
106. YOUR CLIENTS HAVE FACED UNIQUE BARRIERS TO SAFETY AND JUSTICE • Employment barriers • Inability to work legally in U.S. • Abuser forces her to work without permission and uses threat of reporting her work to exert power and control • Abuser controlling access to her documents • Lack of culturally competent support services • Limited or no access to public benefits • Cultural Isolation • Only support in the US is abuser’s family • Fears of what her cultural community will think • Discouragement/intervention by community members as alternative to reporting the crime 106
107. THE PARTICULAR VULNERABILITIES OF OUR CLIENTS • Complexity of Immigration System, particularly gender-based asylum case, success without an attorney is 16% • Abusers use lack of status as an intentional tool of abuse to control the victim • Fear of police, esp b/c of experiences in home country • Fear of deportation • Limited English proficiency • Ignorance of the U.S. legal system • Economic barriers – self sufficiency • Post-Traumatic Stress Disorder • Detention
108. • Asylum: Immigrant status for a victim of persecution based on religion, race, nationality, political opinion or particular social group in home country • T Visa: 4 years of non-immigrant status for victims of Forced Commercial Sex Act or Forced Labor • U Visa: 4 years of non-immigrant status for victims of a serious crime who cooperate with law enforcement • VAWA: Permanent residency for abused family member of USC/LPR • Special Immigrant Juvenile Status: Permanent Residency for children who are unable to reunite with parent due to abandonment, abuse or neglect FORMS OF IMMIGRATION RELIEF
109. Legal Remedies
110. DV/SA ORGANIZATIONS MUST • Ensure access to their services to all survivors, regardless of immigration status • Proactively reach out to immigrant communities to let them know that the services are available to them and that they are welcomed. • Decrease the risk of helping abusers take advantage of the lack of resources • Decrease fear and uncertainty for immigrant victims • All programs providing domestic and sexual violence services that receive federal funding are required to provide language access under Title VI of the Civil Rights Act of 1964.
111. POLL Are your services linguistically and culturally accessible to immigrant and refugee women?
112. CULTURAL HUMILITY • To practice cultural humility is to maintain a willingness to suspend what you know, or what you think you know, about a person based on generalizations about their culture. Rather, what you learn about your clients’ culture stems from being open to what they themselves have determined is their personal expression of their heritage and culture, what I call their personal culture. • From: Craig Mancho, a social worker on his blog the Socialworkpractictioner
113. WHY DOES IT MATTER TO RECOGNIZE YOUR BIASES? • In order to be effective, you need to be culturally humble • Stereotypes, prejudices, and biases can affect WHAT services you provide and HOW you provide it • Service without humility, based on unchecked assumptions, can DECREASE safety and is NOT client- centered
114. "WHILE THESE IMMIGRATION REMEDIES CAN PROVIDE A CRITICAL PATHWAY TO SAFETY FOR MANY IMMIGRANT SURVIVORS, THE REALITY IS THAT MOST IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING, AND TRAFFICKING ARE UNABLE TO LEARN ABOUT THEIR RIGHTS AND ACCESS THESE PROTECTIONS UNLESS THEY ARE ABLE TO OBTAIN THE ASSISTANCE OF A TRAINED ADVOCATE, AS WELL AS ADDITIONAL SUPPORTIVE SERVICES THAT ARE TRAUMA-INFORMED AND LINGUISTICALLY ACCESSIBLE. THEREFORE, DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICE PROVIDERS PLAY A CRITICAL ROLE IN PROVIDING A LIFE-CHANGING BRIDGE TO SAFETY AND WELL-BEING FOR IMMIGRANT SURVIVORS AND THEIR CHILDREN" (HIDALGO, 2017)
115. Deepa Bijpuria, Esq. Supervising Attorney deepa@Tahirih.org Q&A
116. Dating Violence Teens and young adults
117. 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).
118. 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
120. Behind the Post
122. Menti: What are the unique dynamics of Teen Dating Violence?
123. 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.
124. 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.
125. 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,”
126. Reproductive Coercion as a form of IPV
127. What is Reproductive Coercion? Behaviors aimed to maintain power and control in a relationship related to reproductive health by a current or former partner.
128. Making the Connection: Reproductive Coercion
129. How might someone interfere with their partner’s reproductive health? Mentimeter Question:
130. 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
131. 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?
132. 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
133. 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
134. Clip: Aleisha Pregnancy Pressure and Coercion
135. 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
136. 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
137. 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.
138. 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.
139. • 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
140. 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
141. 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?
142. 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
143. • 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
144. 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
145. Break Time
146. Intimate Partner Stalking Dynamics
147. Stalking A pattern of behavior directed at a specific person that would cause a reasonable person to feel fear. Stalking Resource Center
148. Menti: What are your fears?
149. • Something may be frightening for the victim but not to you • Stalking behaviors often have specific meaning that is only understood between abuser and victim • Stalking criminalizes otherwise non-criminal behavior Context Stalking Resource Center
150. Course of Conduct: Surveillance • Following • Watching • Waiting • Showing up • Tracking software • Obtaining information about victim • Proxy stalking
151. Course of Conduct: Life Invasion • Unwanted contact at home, work or other places • Phone calls • Property invasion • Public humiliation • Harassing friends/family
152. Course of Conduct: Intimidation • Threats • Property damage • Forced confrontations • Threatening or actually harming self • Threats to victim about harming others
153. Course of Conduct: Interference • Financial and work sabotage • Ruining reputation • Custody interference • Keeping victim from leaving • Attacking family/friends: physical/sexual attack
154. Normal Behavior Harassment Stalking • Pursuing casual sex • Making a complaint • Telling someone they hurt you • Asking for a date • Seeking explanation for a breakup • Aggressive Complaining • Intention to provoke discomfort • Unwanted sexual approaches • Ignoring requests to stop calling • Repeated but short-lived • Causes fear • Intention to hurt • Aggressive • Unrelentingly intrusive • Persistent
155. Advise Disengagement Recommend complete disengagement (no contact with abusive partner) • Explain concept of intermittent reinforcement BUT… Realize victims engage in behaviors to keep themselves safe: • Maintain contact, negotiation, minimizing threat • Contact may be a safety strategy
156. Documenting the Abuse Victims can document what is happening. • Keep a log to establish a pattern of stalking behavior • Take screenshots (computer + phone), photos, print out pages • Keep emails, text messages, or voicemails 156
157. Documenting the Abuse… • Search for software on suspect’s computer • Search warrants should be sought for the collection and forensic examination of the perpetrator’s computer • Check for equipment purchases • Use any other options for gathering information (offender on probation or parole?). • “Snag it”(You can create a video of you navigating through webpages) • Wayback Machines • Don’t forget circumstantial evidence (abusive partner knows facts/information otherwise not known to others) 157
158. • Behaviors occur over an extended period of time. • Watershed period (Miller): • 2-4 weeks and will stop; OR • Will likely continue for 6- 12 months; AND • Can continue for years. BJS Stalking Victims in the US (2013). Stalking Statistics: Duration of Stalking Incidents
159. Women Men Stalking Statistics: By Gender
160. • Numbers are from 2006, so data may look quite different now • Rarely was just one form of stalking used • Number of victims > 3.3 million BJS Stalking Victims in the US (2013). Stalking Statistics: Types of Victimization
161. BJS Study • Known: 70% • Intimate: 28.2% • Other: 41.8% • Unknown/Stranger/ Unable to ID: 30% NISVS Study • Women: 66% • Men: 41% BJS Stalking Victims in the US (2013). NISVS Summary, 2010 Stalking Statistics: Victim-Offender Relationship
162. Linking IPV & Stalking: The Danger IPV Stalking often starts during the relationship. Stalking behaviors escalate during separation. Following, spying, & leaving threating messages are red flags for lethality. Risks reach their apex for victims who are divorced or separated from their partner.
163. • 54% of femicide victims reported stalking to police before they were killed by their stalkers. • 76% of intimate partner femicide victims have been stalked by their intimate partner. • 89% of femicide victims who had been physically assaulted had also been stalked in the 12 months before their murder. McFarlane & Campbell, et al., 1999. Femicide Victims Stalked by Partner Stalked by Partner 76% 24% Linking IPV & Stalking: The Danger
164. “It’s going to take getting a bullet put in my head before people understand how serious this is.” -Peggy Klinke
165. Stalking is Rarely Charged • Between 5% and 16% of stalking cases are actually charged as stalking when police already have all the information they need to charge.1 • 1,785 domestic violence reports:2 • 1 in 6 cases evidence of stalking • 1 official stalking charge TK Logan, Research on Partner Stalking: Putting the Pieces Together, University of Kentucky (2010) Police often do not charge stalking, even when cases include the criminal elements. In reports, neither victims nor officers use the word stalking.
166. Menti: What can you do to help improve the statistics?
167. Wrapping Up End-of-Day Self-Care Exercise Evaluations Questions
168. Self-Care Moment: Boundaries & Peace
169. Menti: What can you control in your work?
170. Menti: What can you let go of at work?
171. Menti: What is one boundary you can put in place to take care of yourself?
172. Menti: What brings you peace?
173. Menti: Is it okay for advocates to go to therapy?
174. 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=122
175. Questions???
176. Stay Connected