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Domestic Violence Presented by: Kathy Walsh Executive Director of TCADSV

Learning Objectives. Increase understanding of:Dynamics of domestic violenceAdvocacy for domestic violence victimsRelevant federal and state domestic violence lawsPromising Practices. Victims Killed and Assaulted. Nearly 31% of American women acknowledge having been physically or sexually abused by a husband or boyfriend at some point in life.In 2005, one-third of all murdered females were killed by an intimate partner..

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Domestic Violence Presented by: Kathy Walsh Executive Director of TCADSV

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    1. Domestic Violence Presented by: Kathy Walsh Executive Director of TCADSV The Tommy Burks Victim Assistance Academy 2008

    2. Learning Objectives Increase understanding of: Dynamics of domestic violence Advocacy for domestic violence victims Relevant federal and state domestic violence laws Promising Practices

    3. Victims Killed and Assaulted Nearly 31% of American women acknowledge having been physically or sexually abused by a husband or boyfriend at some point in life. In 2005, one-third of all murdered females were killed by an intimate partner.

    4. Victims Killed and Assaulted 75% of domestic homicides occur after the victim has left the perpetrator.

    5. Victims Killed and Assaulted Victims of family violence are overwhelmingly female – 73% for family violence versus 58% for all other types of violence. The number one killer of African-American women ages 15-34 is homicide at the hands of a current or former intimate partner.

    6. 2007 TBI Stats 83,418 domestic related crimes were reported 73% of victims were female and 27% were male (just slightly over half of TN’s population is female)

    7. 2007 TBI Stats Race of Victim: 59% White (compared to about 80% of the total population) 38% African American (compared to about 17% of the total population)

    8. 2007 TBI Stats Age of Victim: Almost 85% were under 45 (compared to just over 60% of the total population) Relationship to the Offender: The most common relationship between the victim and offender was boyfriend/girlfriend (36%) and spouse (16%)

    9. 2007 TBI Stats 82 domestic homicides in 2007 Simple assault was the most frequent charge (almost 70%), followed by intimidation (14%) and aggravated assault (13%)

    10. Defining Domestic Violence Domestic violence is a pattern of coercive behavior designed to exert power and control over a person in an intimate relationship through the use of intimidating, threatening, harmful, or harassing behavior.

    11. What is Domestic Violence? Domestic violence is coercion through the use of intimidating, threatening, harmful, or harassing behavior including physical, sexual, emotional, or psychological abuse.

    12. Physical Abuse Pushing, shoving, slapping, hitting, punching the victim. Holding, tying down, or restraining the victim. Strangling the victim. Inflicting injury upon pets.

    13. Sexual Abuse Making the victim perform sexual acts against her will. Pursing sexual activity when the victim cannot fully consent, such as being intoxicated. Physically hurting the victim during sex.

    14. Emotional or Psychological Abuse Threats of harm. Physical and social isolation. Extreme jealousy and possessiveness. Deprivation of resources to meet basic needs. Intimidation, degradation, and humiliation.

    15. Domestic Violence Facts Until the 20th century, it was not illegal for a man to beat his wife. For four decades in the U.S., it was legal for a man to beat his wife. Rule of Thumb. DV laws began changing during the late 70’s and early 80’s.

    16. Why Victim Stays Fear Injury Death Women who leave their batterers are at a 75% greater risk of being killed by their batterer than those who stay.

    17. Why Victim Stays Shame Failed marriage Social stigma

    18. Why Victim Stays Hope That abuser will change That victim’s actions will make abuser change

    19. Why Victim Stays Money Abuser controls finances Possible unemployment

    20. Why Victim Stays Dependence on Batterer Less likely to leave the more dependent victim Abuser may forbid employment, education, transportation, even family and friends Men may keep wife or girlfriend pregnant

    21. Why Victim Stays Children Wants them to have two parents Batterer may threaten or abuse children to control Paradoxically, not reporting abuse of children risks victim’s losing their custody Abused children may be silent to protect parent, themselves, or their siblings Various agencies may not coordinate services Battered women charged with failure to protect

    22. Why Victim Stays Love May still love batterer Battering isn’t every day Batterer can be very loving and caring at other times

    23. Why Victim Stays Family Pressure Religious Reasons

    24. Why Victim Stays Rural Areas Referral services may be far from home Long-distance phone calls to sources of help Lack of transportation Fear batterer will check the mileage on vehicles It may take hours for police to respond Physical safety may mean leaving behind all that is familiar

    25. Why Victim Stays Rural Areas Lack of knowledge that domestic violence and child abuse are crimes Services may be staffed by family and friends Orders of protection may be issued during limited hours on specific days of the week Circuit-riding prosecutors and judges who try and hear cases throughout the district or state may only be available periodically

    26. Why Batterer Batters Society says its OK – Society hasn’t held batterers accountable. It Works – The victim is so terrorized that victim will say or do anything to survive. It's a Choice – Batterer chooses to use violence to control family members.

    27. Why Batterer Batters Learned Behavior 50% of men who abuse women were either abused as a child or saw their mother abused. Learned through observation. Learned in communities: schools, peer groups, sports, etc.

    28. Why Batterer Batters Control – Abuser may use a combination of: Physical Assaults, Emotional or Verbal Abuse Intimidation, Coercion & Threats Stalking/Harassment Economic Abuse Isolation Children Minimizing, Denying and Blaming Using Male Privilege Sexual Assault

    29. What Battering Is Not Caused By Mental or physical illness Genetics Alcohol Out of control behavior Stress Anger Victim’s behavior or relationship problems

    30. Cycle of Violence Tension building phase -- lasting hours, months, years, where aggressor is edgy, irritable, & possessive and, where victim may withdraw Explosion -- of aggression that aggressor justifies Honeymoon Phase -- aggressor comforts the victim, but, the longer the relationship lasts, the shorter this phase becomes, possibly even disappearing

    31. Continuance of Cycle of Violence As violent encounters occur more frequently, they become more severe Suicide or homicide is not unusual May impact victim’s willingness to prosecute

    32. Effects on Children Present in 40-55% of homes where police intervene in domestic violence calls. 63% of juveniles charged with murder are there for killing an abusive father, step-father or mother’s live-in boyfriend in an attempt to protect their mother.

    33. Effects on Children Abuse or neglect as a child increases the risk of arrest as a juvenile by 53%, as an adult by 38%, and for a violent crime by 38%.

    34. Effects on Children Anxiety about being hurt or killed Fighting with others Temper tantrums Suicide attempts Substance abuse Eating Disorders Bed-wetting or regression to earlier developmental stages Overachieving

    35. Effects on Children Medical problems like asthma, arthritis, ulcers Headaches or stomachaches Sleeplessness Stealing or other juvenile crimes Identification with the aggressor Withdrawal from other people and activities Denial of any problem or dissociation

    36. Definitions T.C.A. § 36-3-601 Abuse -- inflicting (or attempting) physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm or restraint, or damage to personal property of the abused party. Adult -- any person 18 years or older, or who is otherwise emancipated

    37. Domestic Abuse Victims T.C.A. § 36-3-601 Adults or minors who: are current or former spouses live together or have done so are dating or have dated, or have or have had a sexual relationship are related by blood or adoption are related or were formerly related by marriage adult or minor children of persons involved with above five situations

    38. Definitions Victims are also defined as victims of sexual assault or stalking regardless of their relationship with the offender.

    39. Definitions T.C.A. § 36-3-601 Petitioner -- the person alleging domestic abuse, sexual assault, or stalking in a petition for order for protection Respondent -- means the person alleged to have abused, stalked or sexually assaulted another in a petition for order for protection

    40. Who Can Apply for a Protective Order? T.C.A. § 36-3-602 Any victim who has been subjected to, or threatened with or placed in fear of, domestic abuse, stalking, or sexual assault may seek relief under this part by filing a sworn petition alleging such domestic abuse, stalking, or sexual assault by the respondent.

    41. Duration of Order of Protection T.C.A. § 36-3-608 All Orders of Protection shall be effective for a fixed period of time, not to exceed one year, and can be extended. The court may modify its order at any time upon subsequent motion filed by either party with an affidavit showing a change in circumstance sufficient to warrant the modification.

    42. Duration of Order Upon first violation of order, judge may extend order for five years. On the second violation of the order, the judge may extend order for ten years.

    43. Scope of Order of Protection T.C.A. § 36-3-606 Any Order of Protection to protect the petitioner may include: 1. Directing the respondent to refrain from committing domestic abuse, stalking or sexual assault or threatening to commit domestic abuse, stalking or sexual assault against the petitioner or the petitioner's minor children; 2. Prohibiting the respondent from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly ;

    44. Scope of Order of Protection T.C.A. § 36-3-606 (cont.) 3. Prohibiting the respondent from stalking the petitioner, as defined in § 39-17-315 Relief under 4 through 8 must be done through Court hearing. 4. Granting to the petitioner possession of the residence or household to the exclusion of the respondent by evicting the respondent, by restoring possession to the petitioner, or by both ;

    45. Scope of Order of Protection T.C.A. § 36-3-606 (cont.) 5. Directing the respondent to provide suitable alternate housing for the petitioner when the respondent is the sole owner or lessee of the residence or household ; 6. Awarding temporary custody of, or establishing temporary visitation rights with regard to, any minor children born to or adopted by the parties ; 7. Awarding financial support for petitioners and others.

    46. Scope of Order of Protection T.C.A. § 36-3-606 (cont.) 8. Directing the respondent to attend available counseling programs that address violence and control issues or substance abuse problems. Violation of an Order of Protection or part of such order that directs counseling pursuant to this subpart may be punished as a criminal or civil contempt.

    47. Arrest for Violation of Order of Protection T.C.A. § 36-3-611 An arrest for violation of an Order of Protection issued pursuant to this part may be with or without a warrant. Any law enforcement officer shall arrest the respondent without a warrant if: The officer has proper jurisdiction over the area in which the violation occurred (Officers can enforce Orders issued by other counties if violated in their jurisdiction); and

    48. Arrest for Violation of Order of Protection T.C.A. § 36-3-611 (cont.) The officer has reasonable cause to believe the respondent has violated or is in violation of an Order of Protection; and The officer has verified whether an Order of Protection is in effect against the respondent. If necessary, the officer may verify the existence of an Order by telephone or radio communication.

    49. Arrest for Violation of Order of Protection T.C.A. § 36-3-611 (cont.) An ex parte Order of Protection can be enforced by warrantless arrest if the respondent has been served with the Order of Protection or otherwise has acquired knowledge thereof. Officers should inform a victim that the court Order does not guarantee the victim’s safety, and the victim should continue to exercise safety precautions.

    50. Violation of a Protective Order T.C.A. § 36-3-612 This law makes a violation of a protective order a misdemeanor. To be found guilty, the following must be met: The person must have received notice of the request for an order of protection or restraining order; The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and The court made specific findings of fact in the order of protection or restraining order that the person had committed domestic abuse as defined in this part.

    51. Violation of a Protective Order T.C.A. § 36-3-612 (cont.) Any act that constitutes the offense of violation of a protective order shall be subject to arrest with or without a warrant, as outlined above. A person who is arrested for violation of a protective order shall be considered within the provisions of Section 40-11-150(a), requiring that bond conditions be set) and subject to the twelve-hour hold period authorized by Section 40-11-150(h

    52. Violation of Out-of-State Order of Protection T.C.A. § 36-3-622 Any valid Order of Protection issued by a court of another state, tribe, or territory shall be afforded full faith and credit by the courts for this state and enforced as if it were issued in this state. Officers should follow the same procedures for violations of an out-of-state Order that they would follow for a Tennessee Order.

    53. A petitioner may present a certified copy of a foreign Order of Protection to a court in any county where enforcement may be necessary. The clerk shall keep a copy of the order on file and forward a copy of such to the local law enforcement agency which shall enter the foreign Order into TCIC. Filing and entry of the foreign Order in the TCIC system shall not be prerequisites for enforcement of the foreign Order of Protection. Violation of Out-of-State Order of Protection T.C.A. § 36-3-622 (cont.)

    54. Section 3, Handout 35A Violation of Out-of-State Order of Protection T.C.A. § 36-3-622 (cont.) Regardless of whether a foreign Order of Protection has been filed in this state, a law enforcement officer may rely upon a copy of any such Order of Protection which has been provided to the officer by any source and may also rely upon the statement of any person protected by a foreign Order that the Order remains in effect.

    55. Violation of Out-of-State Order of Protection T.C.A. § 36-3-622 (cont.) A law enforcement officer acting in good faith shall be immune from civil and criminal liability in an action in connection with a court’s finding that the foreign Order was for any reason not enforceable.

    56. Domestic Assault T.C.A. § 39-13-111 A person commits domestic assault when that person commits an assault against a person who is that person's family or household member. "Family or household member" means: (1) Spouse or former spouse (2) Person related by blood, marriage, or adoption (3) Adults or minors who now live or have lived together (4) Adults or minors who are dating or have dated or have had a sexual relationship

    57. Assault T.C.A. § 39-13-101 A person commits assault who intentionally, knowingly or recklessly: Causes bodily injury to another; or Causes another to reasonably fear imminent injury; or Causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

    58. Assault T.C.A. § 39-13-101 If a threat is made in the officer’s presence, and the person making the threat has the ability, opportunity and shows intent to carry it out, an assault has been made.

    59. Stalking T.C.A. § 39-17-315 A willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested .

    60. Stalking "Victim“ T.C.A. § 39-17-315 "Victim" means an individual who is the target of a willful course of conduct involving repeated or continuing harassment

    61. Violence Against Women Act

    62. Interstate Domestic Violence 18 USC 2261 It is a Federal crime to cross state lines and injure an “intimate partner.” The injury must be physical. The defendant must have intended to commit the crime when crossing the state line.

    63. Interstate Stalking 18 USC 2261A It is a Federal Crime to cross state lines to stalk or harass. There must be proof that the stalking placed the victim in reasonable fear of death or serious bodily injury.

    64. Interstate Violation of a Protection Order 18 USC 22629a) (1) It is a federal Crime to cross state lines and violate a Protection Order. The Protection Order must protect the victim against violent threats, repeated harassment or bodily injury. The defendant must have intended to violate the order when crossing the state line.

    65. Firearm Offenses 18 USC 922(g)(8) It is a federal crime to possess a firearm while subject to a valid Protection Order. The order must state either that the defendant poses a threat to the physical safety of the victim or that the defendant is not allowed to use any force that would cause injury to the victim. Law enforcement officers are not subject to this law.

    66. Transfer of Firearm to Person Subject to Order of Protection 18 USC 922(d)(8) It is a federal crime to knowingly transfer or sell a firearm to a person subject to a valid protection Order.

    67. Official Use Exemption 18 USC 925 The restriction of Sections 922(d)(8) and (g)(8) do not apply to firearms issued by governmental agencies to a law enforcement officer or military personnel so long as the officer or military personnel is on duty. Personal firearms do not fall within this exemption. These personnel may not possess officially issued firearms when off duty.

    68. Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence 18 USC 922(g)(9) As of September 30, 1996, it is illegal to possess a firearm after conviction of a misdemeanor crime of domestic violence. This prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law’s effective date.

    69. Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence 18 USC 922(g)(9) A qualifying misdemeanor domestic violence crime must have as an element the use or attempted use of physical force, or the threatened use of a deadly weapon.

    70. Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence 18 USC 922(g)(9) A person may be able to possess a firearm if the conviction has been expunged or set aside.

    71. Transfer of Firearm to Person Convicted of Misdemeanor Crime of Domestic Violence 18 USC 922(d)(9) It is illegal to transfer a firearm to a person convicted of a misdemeanor crime of domestic violence.

    72. Official Use Exemption 18 USC 925 The official use exemption does not apply to Sections 922(d)(9) and 922(g)(9). Law enforcement officers and military personnel who have been convicted of a qualifying domestic violence misdemeanor will not be able to possess or receive firearms for any purpose, including the performance of official duties.

    73. Self-Petitioning for Battered Immigrant Women and Children 8 USC 1154 VAWA specifically provides that battered and abused spouses and children of citizens and lawful permanent residents may self-petition for independent legal residency

    74. Promising Practices

    75. Lethality Assessment and Safety Planning

    76. Threats of Homicide or Suicide The perpetrator who has threatened to kill himself, his partner, the children or her relatives must be considered extremely dangerous.

    77. Fantasies of Homicide or Suicide The more detailed the plan and the more available the method, the greater the risk. The perpetrator who has previously acted out part of a homicide or suicide fantasy may be more invested in killing as a viable solution.

    78. Weapons When a perpetrator has weapons and has used them or threatened to use them in the past, his access to those weapons increases his potential for lethal assault. The use of guns is a strong predictor of homicide. If the perpetrator has a history of arson, fire should be considered a weapon.

    79. Ownership of the Victim The perpetrator who says “Death before divorce” or “You belong to me”, may believe that the victim has no right to life separate from him. The perpetrator who believes that he is absolutely entitled to his female partner, her services, her obedience and her loyalty, no matter what, is likely to kill.

    80. Centrality of the Partner The perpetrator who idolizes his partner, or who depends heavily on her to sustain his life, or who has isolated himself from all other community, may retaliate against a partner who decides to end the relationship. He rationalizes that her “betrayal” justifies his lethal retaliation.

    81. Separation Violence 75% of domestic homicides occur when the victim is in the process of leaving or has left the perpetrator. When a perpetrator believes that he is about to lose his partner, if he can’t envision life without her or if the separation causes him great despair or rage, he may choose to kill her.

    82. Depression Where a perpetrator is acutely depressed and sees little hope for moving beyond the depression, he may be a candidate for homicide or suicide. Research shows that many men who are hospitalized for depression have homicidal fantasies directed at family members.

    83. Access to the Victim If the perpetrator cannot find the victim, he can’t kill her. If the perpetrator does not have access to the children, he cannot use them as a means of access to the victim. Careful safety planning is required for those times when contact is required, e.g. court appearances and custody exchanges.

    84. Repeated Outreach to Law Enforcement Partner or spousal homicide almost always occurs in the context of historical violence. Prior calls to the police indicate elevated risk of life-threatening conduct. The more calls to police, the greater the potential danger.

    85. Escalation of Risk When a perpetrator exhibits a sharp escalation of personal risk by acting without regard to the legal or social consequences that previously constrained his violence, chances of lethal assault increase significantly.

    86. Hostage-taking A hostage-take is a high risk of inflicting homicide. Between 75% and 90% of all hostages taken in the U.S. are related to domestic violence situations.

    87. Stalking 38% of female stalking victims were stalked by current or former husbands; 10% by current or former cohabiting partners; 14% by current of former boyfriends.

    88. Safety Planning

    89. What is a safety plan? It is an individualized plan victims develop to reduce the risks they face. Includes strategies to reduce the risk of physical violence and other harm caused by a perpetrator. May also include strategies to maintain basic human needs such as housing, health care, food, child care, etc.

    90. Characteristics of A Good Safety Plan Reduce or eliminate the range of perpetrator-generated risks, not just physical violence. May include strategies for staying in the relationship and/or leaving the relationship. Consideration of life-generated risks. Contain short-term and/or long-term timeframes.

    91. Role of the Advocate Assist victim in completing a lethality assessment. Share information about perpetrator-generated risks and the options and resources available to the victim in your community. Begin process by understanding each victim’s perspective on her risks and options.

    92. Creating a Coordinated Community Response Community Task Force Death Review Team Court Watch Program Developing Community Partners Developing Corporate Partners Involving the Faith Community Join TCADSV

    93. Creating Social Change Address root causes of violence against women. Educate and organize communities. Public policy advocacy. Hold policy makers accountable. Join TCADSV

    94. TCADSV SERVICES Training and Technical Assistance Resource Library Information and Referral Annual Conference and Events Newsletter and Listserve Immigrant Legal Clinic Public Policy Advocacy

    95. Contact TCADSV (800) 289-9018 www.tcadsv.org kwalsh@tcadsv.org

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