Presentation on theme: "Civil Protection Orders and Domestic Violence 101 1."— Presentation transcript:
Civil Protection Orders and Domestic Violence 101 1
Pop Quiz: True or False 1)Domestic Violence is rare? 2)The community places responsibility for violence where it belongs, on the criminal? 2
Domestic Violence One in four women and one in seven men will experience domestic violence in their lifetime. Domestic violence costs the nation an estimated $5 to $10 billion annually in direct medical and mental health care services and lost productivity. 3
Each year, many of the millions of victims who are battered by their partners look to the civil protection order system as a way to stop the abuse. In Idaho, over 4,000 Civil Protection Orders are filed each year. In the act of seeking protection, a victim is putting her trust and safety in the hands of numerous professionals. Anywhere along that complex chain, a victim can find that the promise of the civil protection order system is either kept, or broken. 4
Hand Holding Needed BUT No time to hold hands……. Be mindful that Court is a foreign country for most customers. Emotionally overwhelmed Despite clear instructions, many don’t “get it”. Emotions can impact cognitive function. Be mindful of the victim's safety at court. Factor in special considerations. Stalking behaviors, threats to harm/kill, gang – drug affiliations of perpetrator, legal process (is perpetrator facing a 3 rd strike?), information released at court as to location of victim services. If possible bridge victim with domestic violence advocate agencies. As a minimum provide a list of local domestic violence agencies. KEEP IN MIND: Clerks are often the first person a victim has interaction with at the court and maybe the first person they have reached out to for help.
Civil Protection Orders are valuable for helping victims regain a sense of well-being In the vast majority of cases, CPO deter repeat incidents of physical and psychological abuse Study participants experienced severe abuse Majority of abusive partners have a criminal history Temp CPO can be useful even if the victim does not follow through to obtain a permanent order The court process can influence the victims active participation in deterring further violence The Benefits and Limitations for victims of Domestic Violence; National Center for State Courts 6 Civil Protection Order Research
In addition to increasing safety for victims, CPO and the process of petitioning can contribute to a victim’s sense of autonomy The CPO “becomes an announcement that the abused woman refuses to ‘take it’ anymore and is acting on her own behalf” Studies show that the majority of petitioners would seek protection orders again, even though some of those petitioners’ requests were denied and others had their orders violated For many of these petitioners, the process of reaching out for assistance and initiating change was a step toward independence 7
Both resources explain what a Civil Protection Order is, how it differs from a criminal no-contact order, how to petition for a protection order and other resources that are available to help victims of domestic violence – both are available in Spanish. Copies of the brochures and a DVD were mailed to every county. Please attach the brochure to the paperwork to file for a Civil Protection Order that is provided to petitioners at your courthouse. Copies of this brochure and video were also sent to the Domestic Violence Court Coordinators, Family Court Coordinators, Court Assistance Officers, victim advocacy agencies, and Legal Aid Services in your area. 8 Updated Brochure and Video
9 Video is available at the Supreme Court Website: http://www.isc.idaho.gov/problem-solving/brochures-videos http://www.isc.idaho.gov/problem-solving/brochures-videos
Pop Quiz: True or False 3)Stress causes domestic violence? 4)Drug or alcohol use causes domestic violence? 5)Domestic Violence offenders have a mental illness? 10
Attorney Generals Office offers the Hope Card for Petitioner's that are granted a Protection Order that are a year long or more.
IDAHO SECRETARY OF STATE Address Confidentiality Program If a victim moves to a new location to escape domestic violence, sexual abuse or stalking, the Address Confidentiality Program (ACP) can help keep their new address confidential. This is done through the use of a mail-forwarding service and substitute address. In accordance with Title 19, Chapter 57, Idaho Code, all state and local agencies are required to accept the substitute address as the actual address of the individual.Title 19, Chapter 57, Idaho Code Upon approval of an ACP application, the victims first-class mail is sent to the secure ACP substitute address and then forwarded to the victims new home. They can also use the substitute address for a variety of state and local government requirements, such as: Applying for and receiving child support Getting an Idaho driver’s license Enrolling children in public schools Applying for a marriage license
Pop Quiz: True or False 6)Domestic violence is about a loss of control? 7)Victims of domestic violence are responsible for the violence because they provoked it? 13
Characteristics of Domestic Violence Emotional Abuse: Regular criticism, name-calling, put-downs Minimized or belittled feelings Blaming Abusing or threatening children and grandchildren Use of intimidation or manipulation as a means of control over a victim or his/her children Isolation from friends, family, and community Threats of "outing" or criticism of sexual identity Threats to hurt the victim's friends, family, or pets Control of access to money or transportation Repercussions for a victim going where he/she wants when he/she wants Deportation or immigration status threats Prevention from working or attending school Harassment at school or work Public or private humiliation Unsafe or fearful feelings Physical Abuse: Hitting, punching, slapping, kicking, shoving, strangling, or biting Restraining Denial of food, clothing, sleep, or medications Use of weapons to hurt or threaten Sexual Abuse: Forceful or un-consensual sexual acts Practice or accusations of affairs Property Abuse: Destroying and/or stealing personal belongings Hurts, maims or kills pets 15
The Cycle of Abuse Phase 1: Tension Building Anger Blaming Arguing Verbal put-downs Stress Victim might be walking on “egg-shells” Phase 2: Explosion Hitting/slapping Spitting/pinching Sexually attacking Biting/choking Breaking belongings Hurting pets Punching Imprisoning Shoving/punching Phase 3: Honeymoon Apologies Promises to never do it again Remorse Gift Giving Blame placed on stress, drugs or alcohol Denial 17
Pop Quiz: True or False 8)Low self-esteem causes victims to become involved in relationships where there is domestic violence? 9)Domestic violence offenders are angry all of the time and people tend to not like to be around them? 18
Characteristics of Offenders: Maintain power & control through verbal, emotional, psychological, physical and sexual abuse; Minimization; Denial; Blame; Attitude of ownership/sense of entitlement; Attempt to get others to align with them. FREEDOM FROM ACCOUNTABILITY 19 An abuser’s primary motivation is to maintain control over the victim. Abusers are master manipulators, who employ physical assault in conjunction with other tactics to achieve their objective. These tactics prevent victims from leaving abusive relationships. In addition to physical assaults or threats, abusers’ control tactics may include:
Characteristics of Victims of Domestic Violence: Minimizing or denying the violence; Taking responsibility for the violence; Using alcohol or drugs; Self defense (use of violence); Seeking help; Staying in the abusive relationship. 20
Pop Quiz: True or False 10)Only victims who choose to leave their partner can receive services? 11)It is easy for a victim of domestic violence to leave the relationship? 21
Reasons why women stay in an abusive relationship? 22
Reasons why women stay in an abusive relationship: She loves her partner Fear Children Lack of money Her partner “loves” her Law enforcement blames her She blames herself Fear of losing custody of her children She’ll become homeless No one believes she is being abused She doesn’t think she is being abused Her partner threatens to abuse pets 23 She’s isolated She’s depressed It’s not the right time She’s never told anyone She’s afraid of the unknown She feels that there is no help She’s tried to leave before Her partner found her before
CAUTION The most dangerous time in a domestic violence relationship is when the victim is leaving or after she has left. The risk of experiencing violence increases significantly both during and after separation. The perpetrator often escalates tactics to exert abusive power and control and may punish the victim through threats, other acts of violence, or child abduction. Not only are victims who separate from perpetrators of domestic violence significantly more likely to be abused, they are also at an increased risk for intimate partner homicide.