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CHAPTER 12 DOMESTIC VIOLENCE

CHAPTER 12 DOMESTIC VIOLENCE. Chapter 12. Domestic Violence. Domestic Violence Facts Over 95% of reported DV victims are women Single greatest cause of injury for American women Battering crosses all economic, educational, ethnic, sexual orientation, age and racial lines

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CHAPTER 12 DOMESTIC VIOLENCE

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  1. CHAPTER 12DOMESTIC VIOLENCE

  2. Chapter 12 Domestic Violence • Domestic Violence Facts • Over 95% of reported DV victims are women • Single greatest cause of injury for American women • Battering crosses all economic, educational, ethnic, sexual orientation, age and racial lines • Between 1959 and 1975, 58,000 American soldiers were killed in Vietnam, during that same period 51,000 American women were killed by their male partners

  3. Chapter 12 Domestic Violence • 1.8 to 4 million women will become a victim in their lifetime • Boys who witness domestic violence are more likely to continue the cycle • One’s Woman’s Story • A Victim Reaches Out For Help • Domestic Violence and the Law Office • Domestic violence is present in some divorce cases

  4. Chapter 12 Domestic Violence • Representing a Victim of Domestic Violence • Define a permanent and temporary protective order • TRO • Declaration in support of a request for a TRO • Ex parte • Stay away order and no contact order • Vacate order

  5. Chapter 12 Domestic Violence • When a TRO is issued, most states require: • Supervised visitation • Surrendering any kind of weapons • Issue of temporary support • Abusive spouse to vacate the marital home • Contempt of court for violating the TRO/FRO

  6. Chapter 12 Domestic Violence • Three things that could happen after appearing in court for TRO: • A final restraining order is issued • An extension of the TRO • A dismissal of the TRO • Representing Maggie • Review the sample Temporary Restraining Order (Exhibit 12:1)

  7. Chapter 12 Domestic Violence • Post TRO: Maggie Takes One Step at a Time • Defining Domestic Violence • How to deal with domestic violence • who is included in the domestic violence • What Conduct is Considered Domestic Violence? • Conduct • Harassment • Stalking

  8. Chapter 12 Domestic Violence • Psychological Abuse Usually Present • Examples of psychological abuse: • Threatening to hurt or kill • Intimidation • Isolating the victim • Using children to control • Blaming others • Refusing access to information or assistance • Degrading the victim • Using money to manipulate

  9. Chapter 12 Domestic Violence • Fears of the Battered Spouse • Why a battered partner may be afraid to leave • Post-traumatic stress disorder • Don’t Be Afraid to Ask if Domestic Violence Occurs • Sensitively ask if domestic violence occurs in the relationship • How Does Domestic Violence Happen? • Understand why domestic violence occurs

  10. Chapter 12 Domestic Violence • Child Custody Issues • The issues relative to domestic violence and child custody issues • The father’s right to know where his children are living • Joint custody is not recommended in domestic violence cases • Pros and cons of the friendly parent provision • Some states moved toward a more progressive child focused way of dealing with custody disputes

  11. Chapter 12 Domestic Violence • Creating a Client Safety Plan and Protecting Important Documents • Clients should have a client safety plan at home and work • Important documents to have outside the home • Identification • Driver’s license • Car registration • Court orders/restraining orders • Birth certificates for the victim and children

  12. Chapter 12 Domestic Violence • Police reports and any documentation of previous abuse • Money; bank books (account numbers); checkbooks; credit cards; ATM cards • Lease or house deed • Insurance papers (medical, life, auto) • Keys (house and car) • Medications • Small saleable items • Review the Client Safety Plan (Exhibit 12:2)

  13. Chapter 12 Domestic Violence • The Importance of Confidentially • The most important items to be kept confidential • New address • School records • Medical records • Postal service records • Motor vehicle records • Voter registration • Name changes • Social security numbers

  14. Chapter 12 Domestic Violence • Changing Identity • Changing name and social security number • Violence Against Women Act of 1994 • The act • Why the act came about • Restitution • New Hampshire Protection of Persons from Domestic Violence Act

  15. Chapter 12 Domestic Violence • Was Spousal Abuse Victim Also Child Abuser? • Battered Wife Syndrome • In the Interest of Betty J.W., Dorothy N.W., James E.W., Sandra K.W. and Cassie A.W. • Victim Fights In-Laws • Brenda Lewelling v. Carl and Melba Lewelling • Violence Claim Used as StrategicWeapon • Cesare v. Cesare

  16. Chapter 12 Domestic Violence • Representing a Defendant in a Domestic Violence Complaint • Relief awards in the American legal system • Discovery process • Using Domestic Violence as the Basis for a Civil Action • Tort law concept • Doctrine of interposal tort immunity

  17. Chapter 12 Domestic Violence • Ethics Alert: • Using domestic violence as a negotiating tactic

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