Presentation Transcript

1. Orders for Protection

   What every Guardian ad Litem should know
2. Today’s Objectives The Guardian ad Litem will: Gain a deeper understanding of the Dynamics of Domestic Violence Broaden their understanding of the effects of Domestic Violence against Children Gain some insights on working an OFP from start to finish (Reports)
3. Domestic Violence Domestic Violence has been understood as being a woman’s issue. Men can be victims as well. Domestic violence is not a one time act but A pattern of coercive and assaultive behaviors that include physical, sexual, verbal and psychological attacks and economic coercion against their intimate partner. It is pervasive and methodical. The intention of the abuser is to control and change the behavior of their partner by means of threats, intimidation, manipulation and physical violence
4. Domestic Violence Tactics Physical: Pushing, Slapping, Punching, Strangling, Using a weapon, etc. Sexual: Rape, Extramarital affairs, Sexually assaulting children, etc. Verbal, Emotional and Psychological: Degrading language, Blaming the Victim, Denial of Abuse, etc Threats and Intimidation: Threats of Homicide or Suicide, Stalking, Making false allegations against the victim to social services Economic Coercion: Withholding money, Refusing to contribute to household expenses, etc. Entitlement Behaviors: Treating the victim like a servant, etc.
5. Why the Violence? Coming from an abusive home Exposed to violence portrayed in media Cultural values regarding gender and equality Mental health issues Chemical Dependency Poverty Life stressors
6. Common Myths regarding Domestic Violence Only the poor and uneducated are victims Victims Provoke the Violence Victims of Domestic Violence move from one Abusive Relationship to Another Victims of Domestic Violence suffer from Low Self-Esteem or have Psychological Disorders
7. Myths Continued… Victims are weak or needy Perpetrators are only violent when intoxicated Perpetrators are mentally ill Perpetrators are ignorant and poor Perpetrators are always violent
8. Who is the Victim? Women, Men, Children, Elderly or Disabled, Gay or Lesbian They come from all levels of society Are not likely to report May feel Shame and Guilt May be protective of the abuser May be financially dependent on abuser
9. Effects of Domestic Violence on Adult Victims Physical Injury Post-Traumatic Stress Disorders Sense of Helplessness Withdrawal from others Fear of further violence Feeling Trapped Anger Substance abuse
10. Protective Strategies Victims use to protect their Children and Themselves Sending the Children to Neighbors or Family Member Refusing to speak of the violence Complying with the abusers demands Fighting back Refrain from Contacting Law Enforcement Attempting to improve the relationship
11. Who is the Perpetrator? Come from all levels of society Abusers differ in patterns of abuse and dangerousness Engage in coercive controlling behaviors and forms of intimidation, psychological and physical abuse is characteristic of abusers May have different private and public behavior Are less likely to have positive parent child relationships Primary goal is to achieve power and control over their intimate partner.
12. Assessing for Dangerousness The Perpetrator has access to firearms or other weapons The Perpetrator has threatened or expressed thoughts of Homicide or Suicide The frequency and severity of violence has increased over time The perpetrator has forced the victim to have sex The perpetrator has threatened or tried to commit suicide
13. Assessing for Dangerousness continued The perpetrator has attempted to strangle or choke the victim The perpetrator tries to control most or all of the victim’s activities The perpetrator is constantly jealous The perpetrator has threatened to kill the victim The victim believes the perpetrator will attempt to assault or kill the victim Are there any previous OFPs or domestic assault cases involving the perpetrator
14. Parenting by the Perpetrator There are perpetrators who have supportive and have positive parenting relationships with their children. There are perpetrators who have physically and emotionally abused the children or who are absent in their lives neglecting their needs
15. Abusive Parenting Perpetrators can be rigid, authoritarian with unrealistic expectations of the children Perpetrators are more likely to use harsh forms of discipline Perpetrators can be uninvolved in the daily lives of the children Perpetrators may see the children as obstacles to their personal happiness’
16. Abusive Parenting continued… Perpetrators may undermine the victims parental authority. Children may be expected to be available to the perpetrator only when it is convenient Perpetrators may manipulate the children to align against the victim. Perpetrators often want sole physical and legal custody as a means of continuing to abuse the victim
17. Domestic Violence and the Children Studies have found perpetrators of domestic violence who were abused as children, are more likely to physically abuse their children. A US Department of Health and Human Services study found 50% of men who frequently abuse their significant other also abuse the children. Estimates range from 3.3 million to 10 million children a year experience domestic violence.
18. Domestic Violence and the Children Children are exposed to domestic violence by hearing a violent event, being directly involved witnessing the abuse, acting as an intervener, or experiencing the aftermath of a violent event. Children may be used to spy on the victim. Children maybe forced to watch the abuse. Children may be forced to engage in abusive behavior.
19. Domestic Violence and the Children Some perpetrators physically, sexually or emotionally abuse the children to intimidate their partner. Some children are hit while being held in the victim’s arms. Some are hit trying to protect the victim Most children are further abused by being told to remain silent about the abuse. It is estimated 80% of young men incarcerated are in for assaulting their mother’s abuser.
20. The Effects of Domestic Violence on Children Children who are exposed to Domestic Violence can develop Behavioral, social and emotional problems Cognitive and attitudinal problems Long term problems
21. The Effects of Domestic Violence on Children Children may act out with physical aggression towards other children or adults Children may ignore the parents rules for safety and disobey the wishes of the parent Children may withdraw from peers Children may become fearful or anxious Children may be depressed Children may have low self-esteem
22. The Effects of Domestic Violence on Children Children may have poor school attendance Children may have difficulty focusing on school resulting in poor performance Children may lack appropriate conflict resolution skills Children may come to expect violence in families and accept it as the norm. Children may take on the belief systems of the perpetrator or victim
23. The Effects of Domestic Violence on Children The long term effects can be devastating Higher levels of adult depression Post traumatic stress disorders are common among adults who were exposed to domestic violence as children Lower self esteem as adults Increased tolerance to violence in family relationships May take on the role of perpetrator or victim as an adult.
24. The Effects of Domestic Violence on Children Infants may have trouble forming an attachment to a parent or significant adult Preschoolers may regress to earlier stages of development Children in school may struggle forming friendships with peers, may have academic problem and act out in class Adolescents are inclined to engage in high risk behaviors
25. Appointments in Orders for Protection Most courts will appoint when a petition is filed on behalf of a child(ren) Some courts will appoint if there are allegations of child abuse regardless if it was filed on the child’s behalf. Some courts will appoint at the first hearing. Some courts will appoint after the Order has been granted.
26. The Order for Protection 518B.01 is the Domestic Abuse Statute that allows for orders for protection Who can apply? Spouses and former spouses Parents and parents for the children Persons related by blood Persons who are presently residing together or who have resided together in the past
27. The Order for Protection Persons who have a child in common regardless of whether they have been married or have lived together at any time; If a woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and Persons involved in a significant romantic or sexual relationship. A minor age 16 or older may make a petition on the minor's own behalf against a spouse or former spouse, or a person with whom the minor has a child in common, if the court determines that the minor has sufficient maturity and judgment and that it is in the best interests of the minor.
28. Ex Parte Order for Protection The Emergency (Ex Parte) Order for Protection If the judge grants the Ex Parte OFP with the requests of custody in the affidavit a Gal may beappointed. Line 9 reads… “A Guardian ad Litem shall be appointed to represent the following minor child(ren)…” Often the expectations of the court are not clearly defined. There may be times where you are asked to determine if Domestic Abuse occurred. ….
29. The Order For Protection The Order for Protection Following a Hearing, does not specifically address appointing a GAL However, under the heading “Based upon the above findings and conclusions, the Court ORDERS” Line 18 reads… Other ____________________ It is often under the “Other” that the court will appoint a GAL. Again consult to gain a clear understanding of your role.
30. Best Practices and things to consider when working an OFP The safety of the children is the focus of your work Children may lie about a number of things but rarely about abuse, especially sexual abuse. Believe what the child is telling you. Recognize the importance of the child’s primary attachment. Look into the motivation of the Non-primary party Maintain communication with both parties. Meet your clients separately.
31. Best Practices and things to consider when working an OFP Give each of the parties respect Give both parties a fair hearing Understand the context of the abuse. Network and consult with domestic violence advocates Recognize there may be concerns of gender bias by one party or another. Recognize your own thought regarding domestic violence. Look for past instances of violence
32. Working the case Meet with the child and each party Meet with the child separately if appropriate Review police reports, criminal records, court files, medical and dental records, school records. Contact school personnel, medical, counselors and others who may have significant information regarding the safety of the child.
33. Working the case: finding answers to these questions Is there a history of violence? How severe was the violence? Who is the primary perpetrator? Who is afraid of who? Who is the primary caretaker? What are the parenting skills of each party? What is the child perspective?
34. Working the case: What are my priorities? Keeping the children safe. Protecting the children is most important. Protecting the safety of the abused adult party Respecting the decisions of the abused party to direct her own life Holding the perpetrator accountable Allowing the children access to both parties.
35. Working the case: The Best Interest Factors If your appointment order asks for recommendations regarding parenting time or custody the Best Interest Factors need to be considered. 518.17 CUSTODY AND SUPPORT OF CHILDREN ON JUDGMENT. Subdivision 1.The best interests of the child. (a) "The best interests of the child" means all relevant factors to be considered and evaluated by the court including: (1) the wishes of the child's parent or parents as to custody;
36. Working the case: The Best Interest Factors (2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (3) the child's primary caretaker; (4) the intimacy of the relationship between each parent and the child; (5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (6) the child's adjustment to home, school, and community; (7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
37. Working the case: The Best Interest Factors (8) the permanence, as a family unit, of the existing or proposed custodial home; (9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child (10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; (11) the child's cultural background;
38. Working the case: The Best Interest Factors (12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and with the child. (13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent
39. Working the case: Additional Factors 518.17 Subd. 2: Subd. 2.Factors when joint custody is sought. In addition to the factors listed in subdivision 1, where either joint legal or joint physical custody is contemplated or sought, the court shall consider the following relevant factors: (a) the ability of parents to cooperate in the rearing of their children; (b) methods for resolving disputes regarding any major decision concerning the life of the child, and the parents' willingness to use those methods;
40. Working the case: Additional Factors (c) whether it would be detrimental to the child if one parent were to have sole authority over the child's upbringing; and (d) whether domestic abuse, as defined in section 518B.01, has occurred between the parents.
41. What’s a Guardian to do? Always consult with your coordinator Always clarify your role with the bench Always focus on the child’s safety Always remain unbiased towards parties Report requirements vary by District. An oral report may suffice in your District A written report may be expected in others
42. What’s a Guardian to do? The report Oral reports should address the concerns of the bench as noted in the appointment order. Written reports: Identifying information GAL Appointment: clearly note the order and the responsibilities outlined in the order Reason for Court Involvement: Contact with the children: Contact with the parties: Persons and other resources contacted
43. What’s a Guardian to do? The report Written reports continued Documents reviewed: Current Status: Current Safety Concerns: Summary of Information: Conclusions: Recommendations
44. Recommendations: The Deciding Factor 518.17 Subd. 2 The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child. However, the court shall use a rebuttable presumption that joint legal or physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents.
45. What’s a Guardian to do? Stay safe! Conduct meetings with the perpetrator at the courthouse or public place Ask another GAL, your supervisor or law enforcement to come with you Be aware of your surroundings, and park in a safe location Let others know where you are going and when you are expected to return.
46. What’s a Guardian to do? Stay safe Avoid discussing the meritsof the case with parties If the meeting becomes heated deescalate the situation Refocus the meeting on the welfare of the children If the meeting becomes threatening to you, let the person know you will reschedule at another time.