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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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Presentation Transcript
slide2

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
slide3

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
slide4

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
slide5

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
slide6

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)
slide7

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
slide8

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
slide9

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
slide10

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
slide11

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
slide12

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)
slide13

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
slide14

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
slide15

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
slide16

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
slide17

Chapter 12

Domestic Violence

  • Ethics Alert:
    • Using domestic violence as a negotiating tactic