Strategies for Addressing Domestic Violence

Define Domestic Violence

Establish the Dynamics of Domestic Violence

Challenges of Escaping Domestic Violence

Identify Effects of DV on Children

Identify Reporting Requirements

Establish Availability of Community ResourcesObjectives of Training

KRS 403.720

KRS 403.720 defines domestic violence as

. . . physical injury, serious physical injury, sexual assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault.

Statistics

1 in 4 women will be a victim of domestic violence in her lifetime (DOJ, 2000).

About 85% of the victims of domestic violence are women (Bureau of Justice Statistics Crime Data Brief, Intimate Partner Violence, 1993-2001, February 2003).

An estimated 1.3 million women are victims of physical assault by an intimate partner each year (Costs of Intimate Partner Violence Against Women in the United States. 2003. Centers for Disease Control and Prevention, National Centers for Injury Prevention and Control. Atlanta, GA).

Statistics, cont.

Over 22 percent of women surveyed, compared to 7.4 percent of men, reported being physically assaulted by a current or former partner in their lifetime.

(Tjaden, P. & Thoennes, N. (2000, July). Extent, nature and consequences of intimate partner violence: Findings from the National Violence Against Women Survey. (NCJ 181867). Washington, DC: National Institute of Justice/Centers for Disease Control and Prevention. from http://www.ncjrs.gov/pdffiles1/nij/181867.pdf).

Why do child care providers need to know about Domestic Violence?

It affects the children you work with.It affects the families you work with.It affects your co-workersWhats In It For Me?

Whats In It for Me?

How will learning about Domestic Violence help me do my job?

Give you information on how and what to reportHelp you to understand the children and families that you work with each day.Help you to identify risk factors

The Dynamics of Domestic Violence

Domestic Violence is about

POWER AND CONTROL!

Dynamics of Domestic ViolenceViolence is learned through . . . .

Observation

Experience

Reinforcement

Who Are Battered Women?

any race, ethnicity, religion, education, socio-economic groupmarried, divorced, singleheterosexual, bisexual, lesbianyoung or oldmay or may not have childrenmay be economically dependent or may have a good job and income

Who Are Battered Women?

may or may not have seen violence in her home as a childmay be of any size or strengthmay be documented or undocumentedcould be forced into prostitution or sex workmay or may not have mental or physical disabilities

Who Are Battered Women?

may be from a rural area, town, or big citymay be passive or aggressive or assertivemay be English speaking or LEP (Limited English Proficiency)may have great self-esteem or low self-esteem

Who Are Battered Women?

may be alcoholic, drug addicted,or sober

may be isolated or may have an active community life

There is no typical woman who will be battered!The best determinant of abuse is gender.

Characteristics of Abusers

Abusers may demonstrate some or none of the following traits:

Excessive jealousy and possessiveness

Emotional dependency on the victim

Poor impulse control, explosive temper, limited frustration

Characteristics of Abusers

Controlling partners thoughts, feelings and actions

History of family violence

Objectifies women seeing them as property or sex objects

Cruelty to animals

Characteristics of Abusers

Demonstrates little remorse or guilt for actions

Blames abuse on alcohol or drug use

Minimizes and/or denies his violent behavior by blaming outside forces of influences

A Dr. Jekyll-Mr. Hyde personality

Domestic Violence is NOT caused by:

GeneticsIllnessAlcohol and drugsAnger and stressBehavior of the victim or problems in the relationship

Domestic Violence is a choice and a crime

Why does she stay?

We are a judgmental society that judges the victim more than the criminal.The #1 Question of DV

Why Does She Stay?

Leaving a violent partner is the most dangerous time of the relationship.

SeperationThe rate of attacks on women separated from their husbands was 3x higher than that of divorced women and 25x higher than that of married women.

Over 75% of spouse on spouse assaults occur at the point of separation

The majority of homicide/suicide occur at separation

It is not as simple as leaving; it is about escaping

Barriers to EscapingLosing KidsThreats to take custody of the children Threats to hurt the kids if she leavesThreats to take her children away from the US, or report her children to Immigration

LoveGood times with partnerPartner promises to changePeople often want the violence to stop, not the relationship to end

Barriers to EscapingFinancial DependencyLanguage barriersLack of access to servicesAdequate wageDoes not or cannot have a jobMay not have a social security number or documentationAffordable daycareFearThreats of deportation Violence escalates over timeThreats to withdraw her petition to legalize her immigration status

Barriers to EscapingIsolationEmotional, Physical and/or Geographic separation from friends and familyService providers not providing qualified interpretersNo transportationNot allowed to learn English or have contact with anyone who speaks her languageGuiltDuty to fix relationshipFeels violence is her fault

Barriers to Escaping

PressureFriends, family, religious institutions and communities tell her to try to make it work

ShameEmbarrassed to admit her partner abuses herEmbarrassed that she stayed in the relationshipReceived a bad response from the community

Barriers to EscapingSystemic DiscriminationDiscrimination within institutional systems Equal services are not provided to all survivorsSurvivors may be stereotyped and therefore more vulnerable to abuseSubstance AbuseHer partner may be her dealerShe may not be able to take her children with her to treatmentHer partner has threatened to report her to police

Domestic Violence

Watch Domestic Violence Video Clip

Children Exposed to Domestic Violence

StatisticsApproximately 3.3 to 10 million children witness domestic violence each year (NAIC, 2005)

Research indicates that children exposed to domestic violence are at an increased risk of being abused or neglected (NAIC, 2005)

Exposure to Domestic ViolenceCOGNITIVE EFFECTS

Attention deficitsBlunted intellectual developmentDistorted belief systemsPredator-prey schemaPoor identity and boundary distinctionsNegative world view

Exposure to Domestic ViolenceBEHAVIORAL EFFECTS

Pecking order batteringUsing violence as problem-solving techniquesTreat others like objectsBecome overly passiveOver-eager to please adultsIsolationPoor impulse controlInability to form boundaries

Exposure to Domestic ViolenceSOCIAL - EMOTIONAL EFFECTS

High levels or constant anxiety-spends time worrying about when the next outbreak of violence will occur

Fear- they are frightened that one parent may die or be injured; constant state of panic

Guilt- often blame themselves for the violence; they feel responsible

Exposure to Domestic Violence

SOCIAL EMOTIONAL EFFECTS

Mixed feeling- may both love and hate both of their parentsLoss of control of emotionsDepression- caused by the inability to stop the abuseIssues with trust, poor self-esteem, or PTSD

Exposure to Domestic ViolencePHYSIOLOGICAL EFFECTS

Poor healthFailure to thrive, low birth weightHigher susceptibility of infectious diseaseSleeping difficultiesSpeech disordersHeadaches and other stress related ailmentsGastrointestinal disorders, skin diseases, visual disturbancesD.V. causes more birth defects than accidents and illnesses combined

Exposure to Domestic ViolencePERSONALITIES OF CHILDREN WHO WITNESS DOMESTIC VIOLENCE

Parentified child: the child that takes on parental roles in the householdOverachiever: the child who uses perfection as a means to cope with the violenceAggressor: easily angered, aggressive with other children, non-compliant

Resiliency

The impact of domestic violence on children depends on the resiliency of the child, i.e., not all children will show signs of maladaptive adjustment.

Protective Factors

Social competence

Intelligence

High self-esteem

Protective Factors

Outgoing temperament

Strong sibling and peer relationships

Supportive relationship with an adult

Additional FactorsImpact on the child may vary based on . . . .

The Nature of the ViolenceChildren who witness frequent and severe forms of the violence or fail to observe their caretakers resolving conflict may undergo more distress than children who witness fewer incidences of physical violence and experience positive interactions between their caregivers.

Additional FactorsCoping strategies and skillsChildren with poor coping skills are more likely to experience problems than children with strong coping skills and supportive social networks

Age of the childYounger children appear to exhibit higher levels of emotional and psychological distress than older children

The age-related differences might result from older childrens more fully developed cognitive abilities to understand the violence and select various coping strategies to alleviate upsetting symptoms

Additional FactorsElapsed time since exposureChildren often have heightened levels of anxiety and fear immediately after a violent event

Fewer effects are seen in children as more time passes after the violent event

GenderIn general, boys exhibit more externalized behaviors while girls exhibit more internalized behaviors

Additional Factors

Presence of child physical or sexual abuse

Children who witness domestic violence and are physically abused are at risk for increased levels of emotional and psychological maladjustment than children who only witness violence and are not abused.

Responding to DisclosureWhat do I say? I am so glad you told me about this, I know it is a hard thing to talk aboutPlease remember none of this was your faultI am going to do my very best I can to help you (or help your mom)

What do I NOT say?I promise not to tell anyone what you tell me- you will break that promise as a mandatory reporter

Responding to DisclosureAlways keep in mind:Your body languageYour facial expressionThe tone of your responses

Any negative expressions and reactions in the above areas can impact how the person (or child) will read your response and react in terms of sharing further information with other individuals and/or in accessing assistance.

Community Resources

Kentucky Domestic Violence Association111 Darby Shire CircleFrankfort, KY 40601(502) 209-KDVA (5382)www.kdva.org

Community ResourcesKDVA has 15 domestic violence programs throughout the state that provide services such as:Legal/Court AdvocacyCase ManagementSafety PlanningSupport Groups & CounselingHousing AssistanceJob Search Assistance

Local Community ResourcesMerryman House

Reporting Domestic Violence

Important Acronyms

CHFS Cabinet for Health and Family Services

DCBS Department for Community Based Services

Felony vs. Misdemeanor

Felony A crime carrying more than one year possible incarceration. In KY, felonies are divided into five classes:

Capitol Offenses an offense carrying a sentence of death

Class A Felonies an offense carrying a sentence of at least 20 years but no more than 50 years

Class B Felonies an offense carrying a sentence of at least 10 years but no more than 20 years

Class C Felonies an offense carrying a sentence of at least 5 years but no more than 10 years

Class D Felonies an offense carrying a sentence of at least 1 year but no more than 5 years

Felony vs. Misdemeanor

Misdemeanor an offense, other than a traffic infraction, for which a sentence term of imprisonment of not more that twelve months can be imposed.

Class A Misdemeanor Any offense for which the sentence of imprisonment falls between 90 days and 12 months.

Class B Misdemeanor Any offense for which the sentence of imprisonment is a maximum of 90 days.

Felony vs. MisdemeanorDomestic Violence can be charged as a Felony or a Misdemeanor.

Typical penalties can include fines, jail time, or alternative penalties like a the use of global positioning system leg bands to track domestic violence offenders and individuals with restraining orders to ensure that they do not violate the space of the individuals who they are accused of abusing.

Mandatory ReportingSPOUSE ABUSE

KRS 209A.020(4): Adult = person regardless of age who is victim of abuse/neglect by spouse

KRS 209A.030(2)Any person having reasonable cause to suspectthat an adult has suffered abuse/neglect SHALL reportto the Cabinet for Health and Family Services (DCBS)Penalty: class B misdemeanor

KRS 209A: 020(6) "Abuse" means the infliction of injury, unreasonable confinement, intimidation, or punishment resulting in physical harm or pain, including mental injury

(9) "Neglect" means a situation in which a person deprives his or her spouse of reasonable services to maintain health and welfare;

Mandatory Reporting

The statute only requires the reporting of spouse abuse/neglect, not all intimate partner abuse/neglect.

Penalty for failure to report: class B misdemeanor KRS 209A.030(11)

Other Adult AbuseKRS 209.020

ADULT = 18 YRS or older who because of mental or physical dysfunctioning is unable to manage his/her own resources, carry out the activity of daily life or protect him/herself from neglect exploitation hazardous abusive situation

Any person having reasonable cause to suspect abuse/neglect/exploitation shall report to DCBS

KRS 209.020

(8) "Abuse" means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury;

KRS 209.020

(9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources;

KRS 209.020

(16) "Neglect" means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult;

Where to Report?

Child/Vulnerable Adult Abuse 1-800-752-6200

Spouse Abuse 1-800-544-2022

What Information to Report?Contact Information

The exact information that was witnessed by you or reported to you (who, what, when, where, how)

Any prior documentation that is relative to the current situation

Document Your Phone Call

The Date of the Phone Call

Who I Spoke with on the Call

Also, ask the person on the call to report back what you said to make sure that you were understood correctly.

How to Document

Make sure to record factual statements (not opinions) Ex. The child has a 2-inch bruise over the left ribs vs. the child has bruises all over the chest.

Try to document exact phrases reported (if you can remember) instead of a summary.

How to DocumentRecord . . . . The condition and physical appearance of the child or abused adult

The behavior of the child or adult after the alleged abuse occurred

Exact statements of the child or adult who experienced the alleged abuse

Reporting to Police vs. DCBS

Reporting to Police Immediate and on the Premises

Reporting to DCBS Suspicion of DV Occurring in the Home

What Happens When I Report?

The Victim Can File Charges Against the Perpetrator and Receive Assistance

The Victim Can Reject Assistance

The Difference in Reporting DVReporting Child Abuse

The Victim is a Minor. Consent is not needed to report.The Childs Legal Guardian Could Be the Abuser.

Reporting Domestic Violence

The Victim is an Adult.The Victim Can Refuse Help.Remember that living with a violent partner is complicated.

Legal Remedies of ProtectionWho Can Get a Protective Order?

"Family member" means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim;

KRS 403.720(2)

Legal Remedies of ProtectionWho Can Get a Protective Order?

Member of an unmarried couple: allegedly have a child in common, any children of that couple, or currently living together or have lived together in the past. KRS 403.720 (2)(3) Ireland v. Davis (1997) same sex couple qualify

Living/Have Lived Together

Sexual relations while sharing living quartersSharing of income/expenseJoint use/ownership of propertyHolding out as husband + wifeContinuity of relationshipLength of relationship

Who May File for an Order?

Any family member or member of an unmarried couple who is a resident of this state, orHas fled to this state to escape domestic violence and abuse.In county of usual residence or if fled b/c of domestic violence, then county of current residence. KRS 403.730

Emergency Protective OrdersUpon reviewing the petition for a protective order, if the court determines that the allegations indicate the presence of an immediate and present danger of domestic violence and abuse, the court shall issue the EPO. KRS 403.740

If an EPO is not issued, the Court must note on the petition, for the record, the action denied and the reason for it. KRS 403.735 (4)

The Court must still set a hearing on the matter and serve the petition on the Respondent. KRS 403.745

Domestic Violence Orders

If the judge determines after the hearing that domestic violence has occurred and may occur again, the judge should grant the DVO. KRS 403.750

Preponderance of the Evidence Standard

Domestic Violence Orders

May be good for up to three (3) years, and may be extended, upon application, after that.

Not required that another act of DV happens in order to get order renewed. Kingrey v. Whitlow (2004)

How Do I Help a DV Victim?

Be Supportive

Provide Resources

Be Ready to Help if the Person Decides to Leave

Reminders

Keep documentation so that you can report if the situation calls for it.

The behavior of the victim is NOT the cause of the abuse!

Use continuous positive reinforcement with children living in homes with domestic violence. Someone needs to be praising them!!

Case Study Remy is a three-year-old in your child care program, and he seems to be extremely shy. He usually plays alone while other children in the room are in small groups. His mother is also quiet, so this is probably where Remy learned this social behavior. He also seems to react strongly to low noises, even when the teacher raises her voice. One day Remys mother drops him off for school and you notice bruising on the left side of her face and she is carrying her left arm in a strange way. Later that day, Remy begins to cry when two children in the block area are fighting over a truck. You attempt to comfort Remy, and he tells you that fighting scares him and the children need to stop. What concerns do you have about Remy and his situation? How would you handle your concerns?

***Discuss: 1 in 7 stats re: males

Discuss gendered aspects of violence

Refer to article: When She Hits Him*Comment on the differences in male and female victims*Refer to statistics (1/4) and reiterate the nature of domestic violence and its reach to everyone.

*Understand what resources are available when you come into contact with someone who is a victim of violence. *Similar to child abuse the domestic violence is not about the violence it is about power and control. *Observation:Explain Bandura modeling behavior children learn what they see and then model that behavior.

Experience:If a person experiences violence it becomes a part of their frame of reference on how a relationship should or should be

Reinforcement:If violence is perpetrated by a batterer and brings about the response expected or demanded this can reinforce the violence on the part of the batterer. It can also be a part of the modeling behavior for response reinforcement for a child. This does not mean the victim is doing anything wrong by complying as the response or compliance is being coerced both physically and mentally. *Discussion of how violence can show up before it escalates to physical violence / sexual violence.

Discuss the response of victims to violence

Discuss the use of violence by victims

*Sphere of Influence:

Everyones experiences with each of these shapes their response and understanding of violence. Explore the topics in this wheel by ring to establish how some ideas about violence are created/ reinforced.

Language is important: Exposure to BATTERERS, WITNESSING battering, DV relationship vs. violent partners. *partners can be violent, relationships alone are not. *It is important to note not every relationship functions as 100% equal all the time (the cogs) but the nonviolence component should be.*Important to note that as a society we have judgments and beliefs about who are and who would never be a battered woman. Domestic Violence knows no barriers or boundaries as to who can be a perpetrator or a victim. Anyone, any socio-economic class, any ethnic origin etc can be battered by an abusive partner. It is preconceived notions or judgments that can hold us back from recognizing this.*******None of the above can cause DV they can be contributing factors.*It is easier as a society to say why does she stay instead of why does he do what he does?

Talk about the Risks for Staying/ Risks for Leaving exercise to be used with these two slides

*Talk about the Risks for Staying/ Risks for Leaving exercise to be used with these two slides*Talk about the Risks for Staying/ Risks for Leaving exercise to be used with these two slides

*Most of us have been relationships we keep hoping the not so positive things are partner is doing, saying, acting etc.. will change this is no different. Battered woman have hopes and dreams too that the person they fell in love with will come back.*******Approximately the population of Chicago.

Using children to interpret for non-English speaking parents is another way that kids are forced, by us, service providers to witness battering again. *************We know from research that when there is domestic violence in a home there is 3 times more likely for a child to be abused. This abuse can be intentional (as a power and control tactic) or unintentional as when a child steps in between the victim and batterer.***We are all humans and human error can occur it is always better to make sure the information given and received is accurate. *In a Domestic Violence report the APS worker will contact the battered individual directly to see if they would like assistance, resources, file a report etc but it is up to the victim if they want to do anything. The file is documented and filed. If another report is made there is record of the reports and contacts.*Very important to note we cannot make anyone do anything. It is their decision all we can do is be there*Important as a trainer to NOT HAVE ALL THE ANSWERS but to rather say I dont know but will do my best to get an answer for you. Also it is important for the trainer to make sure all participants have the resource information including the regional shelter numbers, KDVA etc.. *