strategies for addressing domestic violence. define domestic violence establish the dynamics of...

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 Resources

Objectives 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).

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-workers

What’s In It For Me?

What’s In It for Me?

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

• Give you information on how and what to report

• Help 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 Violence

• Violence is learned through . . . .

–Observation

–Experience

–Reinforcement

Who Are Battered Women?

• any race, ethnicity, religion, education, socio-economic group

• married, divorced, single• heterosexual, bisexual, lesbian• young or old• may or may not have children• may be economically dependent or may have

a good job and income


• may or may not have seen violence in her home as a child

• may be of any size or strength

• may be documented or undocumented

• could be forced into prostitution or sex work

• may or may not have mental or physical disabilities


• may be from a rural area, town, or big city

• may be passive or aggressive or assertive

• may be English speaking or LEP (Limited English Proficiency)

• may have great self-esteem or low self-esteem


• 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


• Controlling partners thoughts, feelings and actions

• History of family violence

• Objectifies women seeing them as property or sex objects

• Cruelty to animals


• 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:

• Genetics

• Illness

• Alcohol and drugs

• Anger and stress

• Behavior 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.

Seperation

• The 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 Escaping

Losing Kids• Threats to take custody of the children • Threats to hurt the kids if she leaves• Threats to take her children away from the US,

or report her children to Immigration

Love• Good times with partner• Partner promises to change• People often want the violence to stop, not the

relationship to end


Financial Dependency• Language barriers• Lack of access to services• Adequate wage• Does not or cannot have a job• May not have a social security number or

documentation• Affordable daycareFear• Threats of deportation • Violence escalates over time• Threats to withdraw her petition to legalize her

immigration status


Isolation• Emotional, Physical and/or Geographic

separation from friends and family• Service providers not providing qualified

interpreters• No transportation• Not allowed to learn English or have contact

with anyone who speaks her languageGuilt• Duty to fix relationship• Feels violence is her fault


Pressure• Friends, family, religious institutions and

communities tell her to try to make it work

Shame• Embarrassed to admit her partner abuses her• Embarrassed that she stayed in the relationship• Received a bad response from the community


Systemic Discrimination• Discrimination within institutional systems • Equal services are not provided to all survivors• Survivors may be stereotyped and therefore

more vulnerable to abuseSubstance Abuse• Her partner may be her dealer• She may not be able to take her children with

her to treatment• Her partner has threatened to report her to

police

Domestic Violence

Watch Domestic Violence Video Clip

Children Exposed to Domestic Violence

Statistics

• Approximately 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 Violence

COGNITIVE EFFECTS

• Attention deficits• Blunted intellectual development• Distorted belief systems• Predator-prey schema• Poor identity and boundary distinctions• Negative world view


BEHAVIORAL EFFECTS

• Pecking order battering• Using violence as problem-solving techniques• Treat others like objects• Become overly passive• Over-eager to please adults• Isolation• Poor impulse control• Inability to form boundaries


SOCIAL - 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


SOCIAL – EMOTIONAL EFFECTS

• Mixed feeling- may both love and hate both of their parents

• Loss of control of emotions• Depression- caused by the inability to stop

the abuse• Issues with trust, poor self-esteem, or PTSD


PHYSIOLOGICAL EFFECTS

• Poor health• Failure to thrive, low birth weight• Higher susceptibility of infectious disease• Sleeping difficulties• Speech disorders• Headaches and other stress related ailments• Gastrointestinal disorders, skin diseases, visual

disturbances• D.V. causes more birth defects than accidents and

illnesses combined


PERSONALITIES OF CHILDREN WHO WITNESS DOMESTIC VIOLENCE

• Parentified child: the child that takes on parental roles in the household

• Overachiever: the child who uses perfection as a means to cope with the violence

• Aggressor: 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 Factors

Impact on the child may vary based on . . . .

•The Nature of the Violence– Children 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 Factors

• Coping strategies and skills– Children with poor coping skills are more likely to

experience problems than children with strong coping skills and supportive social networks

• Age of the child– Younger children appear to exhibit higher levels of

emotional and psychological distress than older children

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

Additional Factors

• Elapsed time since exposure– Children 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

• Gender– In 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 Disclosure

• What do I say?– “ I am so glad you told me about this, I know it is

a hard thing to talk about”– “Please remember none of this was your fault”– “I 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 Disclosure

• Always keep in mind:– Your body language– Your facial expression– The 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 Association

111 Darby Shire Circle

Frankfort, KY 40601

(502) 209-KDVA (5382)

www.kdva.org

http://www.kdva.org/

Community Resources

• KDVA has 15 domestic violence programs throughout the state that provide services such as:– Legal/Court Advocacy– Case Management– Safety Planning– Support Groups & Counseling– Housing Assistance– Job Search Assistance

Local Community Resources

Merryman 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


• 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.


• Domestic 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 Reporting

SPOUSE 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 suspect

that an adult has suffered abuse/neglect SHALL report

to 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 Abuse

KRS 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 Document

Record . . . .

•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 DV

• Reporting Child Abuse

– The Victim is a Minor. Consent is not needed to report.

– The Child’s 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 Protection

Who 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 Protection

Who 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, or

Has 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 Orders

• Upon 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 Remy’s 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?

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