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26. Family Violence and Related Assaultive Offenses (20 hrs.)

26. Family Violence and Related Assaultive Offenses (20 hrs.). TCLEOSE LEARNING OBJECTIVES 08/02/04. Objectives. Unit Goal: 26.1. Understanding the dynamics of family violence 26.1.1 Discuss how victims might be affected by family violence

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26. Family Violence and Related Assaultive Offenses (20 hrs.)

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  1. 26. Family Violence and Related Assaultive Offenses (20 hrs.) TCLEOSE LEARNING OBJECTIVES 08/02/04

  2. Objectives • Unit Goal: 26.1. Understanding the dynamics of family violence • 26.1.1 Discuss how victims might be affected by family violence • 26.1.2 Identify common characteristics of family violence offenders • 26.1.3. Describe the cycle of abuse phases. • 26.1.4. Discuss examples of the types of abuse often occurring in family violence incidences • List examples of some barriers victims face when attempting to leave the abusive relationship • Unit Goal: 26.2. To enable the student to recognize the legal issues pertaining to family violence. • 26.2.1 Identify offenses and statutes that refer to family violence • 26.2.2. Define family violence terms related to Title 4 of the Family Code; Protective Orders and Family Violence • 26.2.3. Explain the application procedure for a Protective Order. • 26.2.4. Describe the Protective Order court hearing process. • 26.2.5 Discuss what a Protective Order is, what it means, and consequences of violation. • 26.2.6. Discuss the recommended steps in handling family violence calls involving Temporary Ex Parte Protective Orders, Protective Orders, and Magistrate’s Order for Emergency Protection. • Unit Goal: 26.3 To enable the student to recognize the legal issues pertaining to child abuse. • 26.3.1 Identify the legal requirements for investigation of child abuse or neglect. • 26.3.2 Identify the legal requirements relating to medical treatment and medical examinations of a child. • Unit Goal: 26.3. To increase the students’ understanding of procedures for responding to family violence. • 26.3.1. Discuss family violence situations and describe procedures for conducting preliminary investigations. • 26.3.2 Give examples of community resources and referrals

  3. Unit Goal: 26.1. The student will be able to provide understanding of family violence characteristics.

  4. Note to the instructor: Students should be instructed to use the term “family” rather than “domestic” violence because Texas law defines and uses family violence and there is no legal definition for domestic violence.

  5. 26.1.1. Discuss how victims might be affected by family violence

  6. Victims may experience some of the following: • Physical injuries • Feelings of guilt about violence, the children, etc. • Feelings of low self esteem, feeling like violence is justified • May be isolated and not trust anyone • May be dependent on abuser both economically and emotionally • May feel powerless to do anything to change the situation

  7. Victims may experience some of the following: • May blame herself for the violence • May be in denial that it is really that bad • May have a passive personality or may be aggressive • Feeling stressed • Questioning their sanity

  8. 26.1.2. Identify common characteristics of family violence offenders

  9. Common characteristics of family violence offenders: • The majority of family violence is male-on-female; so “offender” in this context generally refers to a male offender • May be extremely jealous and accuse partner of constant infidelity • Usually feels very poorly about himself and has low self-esteem • Has probably witnessed and/or been the victim of family violence as a child or young adult battering

  10. Common characteristics of family violence offenders: • Believes that the male is the ruler and head of the house no matter what • Blames others for actions and rarely takes any personal responsibility unless he will directly benefit • May act very differently in public than at home • May be hateful and ugly to everyone, i.e., the town bully

  11. Common characteristics of family violence offenders: • Unable to deal with stress; may turn to drug/alcohol abuse. • Substance abuse in itself does not cause the violence. Although substance abuse may intensify the frequency and severity of family violence, studies show that when substance abuse stops, the battering usually continues. There are batterers who are not substance abusers and substance abusers who do not batter. • Uses sex aggressively to maintain power and control • Does not believe his behavior should have negative consequences • May be angry and socially isolated - a loner

  12. Common characteristics of family violence offenders: • Denies and/or minimizes the seriousness of the violence • Has a history of abuse either as a child or with another partner • Uses violence to get what he wants and solve problems because it has worked in the past • May be extremely moody and have severe mood swings

  13. Some theories on the causes of family violence abuse: • It works to get the batterer what he wants • Learned Behavior - role models, a way of life • Sex role stereotypes clearly defined roles for boys and girls • Cultural – e.g., society, media, role models, etc. • Stressors and lack of control – e.g., finances, isolation, children

  14. 26.1.3. Describe the cycle of abuse phases.

  15. Example of the “cycle of violence” model: • A husband feels the need to have absolute power and control over his wife and children, and this control is maintained using verbal and physical violence and threats.

  16. Victims of family violence have reported that the cycle of violence does not accurately describe their experiences but that the Power and Control Wheel does. It is preferable to use the Power and Control Wheel when discussing the types of behavior that the offender does in order to maintain the power and control in the family. • The violence usually increases in frequency and severity over time.

  17. Note to the instructor: Handout: Power and control wheel. Discuss the change from the Cycle of Violence to the Power and Control Wheel

  18. Triggering Events or Stressors: •A couple married young with unrealistic high expectations. •A couple's values, education, or financial resources differ. Communication skills are lacking, leaving conflicts unresolved.

  19. Cycle: • Tension building • Difficult times; arguments increase.

  20. Violent Episode • Physical, emotional, and sexual abuse possible. • Average incident lasts from 2-24 hours.

  21. Honeymoon • The calm stage; the offender is often apologetic and loving. • Still not the "normal" relationship, power and control issues are still apparent.

  22. The cycle usually repeats itself over time and increases in severity. There is danger to the victims when the cycle is allowed to continue and escalate.

  23. 26.1.4. Discuss examples of the types of abuse often occurring in family violence incidences

  24. Physical • This is the most obvious. It includes pulling, shoving, slapping, hitting, punching, pulling hair, cutting, stabbing, choking, shooting, burning, kicking, disfiguring, spitting at, torturing, throwing things, stomping, pinching, etc.

  25. Sexual • Forced sexual intercourse that may occur before, during and after a beating. Often includes acts that the women finds offensive • Not allowing the use of birth control and refusing to use it himself resulting in unwanted pregnancy • Use of objects • Forced sex with others or in inappropriate places or in front of children

  26. Emotional • Withholding affection • Ignoring for long periods of time: treating as a non-person • Verbal abuse: name calling, constant allegations of infidelity • Isolation: preventing contact with family, friends and neighbors • Severing family ties and/or preventing contact with friends and neighbors • Injuring or killing pets • Destroying personal possessions • Belittling in front of family/friends and humiliating or degrading acts • Constant monitoring

  27. 26.1.5 List examples of some barriers victims face when attempting to leave the abusive relationship

  28. Barriers to leaving an abusive relationship: • Financial dependence on the abuser • Lack of an available support system • The victim’s previous negative experience with the criminal legal system • Fear due to increased threats by the abuser when victims try to leave • Loves the abuser but wants the violence to stop • Children want to stay/return • Victim believes that the children need both parents • Immigrant victims face additional barriers of threats with the INS, distrust of law enforcement, language

  29. Unit Goal: 26.2. To enable the student to recognize the legal issues pertaining to family violence.

  30. 26.2.1. Identify offenses and statutes that refer to family violence.

  31. Family violence offenses and statutes: • Authority of Peace Officers - CCP 14.03 • Murder - PC 19.02 • Manslaughter - PC 19.04 • Criminally Negligent Homicide - PC19.05 • Assault - PC 22.01 • Sexual Assault - PC 22.011 • Aggravated Sexual Assault - PC 22.021

  32. Family violence offenses and statutes: • Assault/Aggravated Assault - PC 22.02 • Assault is a serious crime and the laws in Texas reflect this view. Penalties are increasing, warrants are often not needed to make a lawful arrest, and the victim’s agreement or cooperation is not necessary to file charges, make an arrest or prosecute the offender • Review the definition of bodily injury. Bodily injury is the main defining factors for an assault to be a Class A misdemeanor. The victim, not the officer, determines the presence of bodily injury. Under case law, although visible indicators of bodily injury are preferable, it is possible to establish probable cause for an arrest for assault without visible injuries to corroborate the victim’s claim of injury.

  33. Family violence offenses and statutes: • Injury to a child, elderly person or disabled individual - PC 22.04 • Aggravated Kidnapping - PC 20.04 • Kidnapping - PCPC 20.03 • Unlawful Restraint - PC 20.02 • Deadly Conduct - PC 22.05 • Terroristic Threat - PC 22.07 • Obstruction/Retaliation - PC 36.06

  34. Family violence offenses and statutes: • Harassment - PC 42.07 • Stalking - PC 42.072 • Unlawful Possession of a Firearm - PC 46.04 • Interference with an Emergency Telephone Call - PC42.062 • Disorderly Conduct - PC 42.01 • Criminal Mischief - PC 28.03 • Violation of a Protective Order or Magistrate’s Order - PC 25.07

  35. 26.2.2. Define family violence terms related to Title 4 of the Family Code; Protective Orders and Family Violence

  36. Definition of family violence terms: • Applicability of definitions FC 71.001 • Dating violence FC 71.021 • Family FC 71.003 • Family violence FC 71.004 • Household FC 71.005 • Member of household FC 71.006

  37. 26.2.3. Explain the application procedure for a Protective Order.

  38. Application procedure for a protective order: • Venue (county where it may be filed) FC 82.003 • Where to make application FC 82.003 • Who may file FC 82.002 • Contents of application FC 82.004 • No fee is required for issuance of protective order FC 81.002, LGC 118.131

  39. 26.2.4. Describe the Protective Order court hearing process.

  40. Protective order court hearing process: • Time Set for Hearing FC 84.001 • Required Findings and Orders FC 85.001

  41. 26.2.5. Discuss what a Protective Order is, what it means, and consequences of violation.

  42. Code citations for protective orders: • Civil Provisions of order applying to any party - FC 85.021 • Civil Provisions for order applying to the respondent - FC 85.022 (a only) • Criminal provisions of order applying to the respondent - FC 85.022 (b through e) • Adoption of procedures by law enforcement agency - FC 86.001 • Civil provisions of order applying to any party - FC 85.021

  43. Code citations for protective orders: • Duty to enter information into statewide law enforcement information system - FC 86.0011 • Duration of protective order - FC 85.025 • Delivery to respondent - FC 85.041 • Warning of protective order - FC 85.026

  44. 26.2.6. Discuss the recommended steps in handling family violence calls involving Temporary Ex Parte Protective Orders, Protective Orders, and Magistrate’s Order for Emergency Protection.

  45. Applicable code citations: • Rights of crime victims - CCP Chapter 56 • Magistrate’s order for emergency protection - CCP 17.292 • Officer shall Arrest for Violation of Protective Order or Magistrates Order that occurs in their presence - CCP 14.03,PC 25.07, CCP 17.292 • Temporary Ex Parte Protective Orders are not criminally enforceable - FC 83.001 • Enforcing out-of-jurisdiction Protective Orders - FC 88.001 Uniform Enforcement of Domestic Violence Protective Orders Act • May arrest for violation of a Protective Order not in view - CCP 14.03 (a)(3)

  46. Note: Family Code, Chapters 82, 83, 85, and 86. Note: Blacks Law Dictionary defines An Ex Parte Protective order as an order "On one Side only; by or for one party; done for, in behalf of, or on the application of one party only."

  47. Unit Goal: 26.3 To enable the student to recognize the legal issues pertaining to child abuse.

  48. 26.3.1. Identify the legal requirements for investigation of child abuse or neglect.

  49. Legal requirements for child abuse/neglect investigation: • Definitions - TFC 261.001 • Persons’ required to report; time to report - TFC 261.101 • Matters to be reported - TFC 261.102 • Report made to appropriate agency - TFC 261.103 • Contents of report - TFC 261.104 • Referral of report by department or law enforcement - TFC 261.105

  50. Legal requirements for child abuse/neglect investigation: • Immunities - TFC 261.106 • False Report penalty - TFC 261.107 • Failure to report - TFC 261.109,PC 38.17 • Privileged communication - TFC 261.202 • Investigation of report - TFC 261.301 • Conduct of investigation - TFC 261.302 • Investigations in juvenile justice programs and facilities - TFC 261.405

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