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Strategies for Addressing Domestic Violence. Define Domestic Violence Establish the Dynamics of Domestic Violence Challenges of Escaping Domestic Violence.

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Presentation on theme: "Strategies for Addressing Domestic Violence. Define Domestic Violence Establish the Dynamics of Domestic Violence Challenges of Escaping Domestic Violence."— Presentation transcript:

1 Strategies for Addressing Domestic Violence

2 Define Domestic Violence Establish the Dynamics of Domestic Violence Challenges of Escaping Domestic Violence Identify Effects of DV on Children Identify Reporting Requirements Establish Availability of Community Resources Objectives of Training

3 KRS 403.720 KRS 403.720 defines domestic violence as... physical injury, serious physical injury, sexual assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault.

4 Statistics 1 in 4 women will be a victim of domestic violence in her lifetime (DOJ, 2000). About 85% of the victims of domestic violence are women (Bureau of Justice Statistics Crime Data Brief, Intimate Partner Violence, 1993-2001, February 2003). An estimated 1.3 million women are victims of physical assault by an intimate partner each year (Costs of Intimate Partner Violence Against Women in the United States. 2003. Centers for Disease Control and Prevention, National Centers for Injury Prevention and Control. Atlanta, GA).

5 Statistics, cont. Over 22 percent of women surveyed, compared to 7.4 percent of men, reported being physically assaulted by a current or former partner in their lifetime. (Tjaden, P. & Thoennes, N. (2000, July). Extent, nature and consequences of intimate partner violence: Findings from the National Violence Against Women Survey. (NCJ 181867). Washington, DC: National Institute of Justice/Centers for Disease Control and Prevention. from http://www.ncjrs.gov/pdffiles1/nij/181867.pdf). http://www.ncjrs.gov/pdffiles1/nij/181867.pdf

6 Why do child care providers need to know about Domestic Violence? It affects the children you work with. It affects the families you work with. It affects your co-workers What’s In It For Me?

7 What’s In It for Me? How will learning about Domestic Violence help me do my job? Give you information on how and what to report Help you to understand the children and families that you work with each day. Help you to identify risk factors

8 The Dynamics of Domestic Violence Domestic Violence is about POWER AND CONTROL!

9 Dynamics of Domestic Violence Violence is learned through.... –Observation –Experience –Reinforcement

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13 Who Are Battered Women? any race, ethnicity, religion, education, socio- economic group married, divorced, single heterosexual, bisexual, lesbian young or old may or may not have children may be economically dependent or may have a good job and income

14 Who Are Battered Women? may or may not have seen violence in her home as a child may be of any size or strength may be documented or undocumented could be forced into prostitution or sex work may or may not have mental or physical disabilities

15 Who Are Battered Women? may be from a rural area, town, or big city may be passive or aggressive or assertive may be English speaking or LEP (Limited English Proficiency) may have great self-esteem or low self- esteem

16 Who Are Battered Women? may be alcoholic, drug addicted,or sober may be isolated or may have an active community life There is no typical woman who will be battered! The best determinant of abuse is gender.

17 Characteristics of Abusers Abusers may demonstrate some or none of the following traits: Excessive jealousy and possessiveness Emotional dependency on the victim Poor impulse control, explosive temper, limited frustration

18 Characteristics of Abusers Controlling partners thoughts, feelings and actions History of family violence Objectifies women seeing them as property or sex objects Cruelty to animals

19 Characteristics of Abusers Demonstrates little remorse or guilt for actions Blames abuse on alcohol or drug use Minimizes and/or denies his violent behavior by blaming outside forces of influences A Dr. Jekyll-Mr. Hyde personality

20 Domestic Violence is NOT caused by: Genetics Illness Alcohol and drugs Anger and stress Behavior of the victim or problems in the relationship Domestic Violence is a choice and a crime

21 “Why does she stay?” We are a judgmental society that judges the victim more than the criminal. The #1 Question of DV

22 Why Does She Stay? Leaving a violent partner is the most dangerous time of the relationship.

23 Seperation The rate of attacks on women separated from their husbands was 3x higher than that of divorced women and 25x higher than that of married women. Over 75% of spouse on spouse assaults occur at the point of separation The majority of homicide/suicide occur at separation It is not as simple as leaving; it is about escaping

24 Barriers to Escaping Losing Kids Threats to take custody of the children Threats to hurt the kids if she leaves Threats to take her children away from the US, or report her children to Immigration Love Good times with partner Partner promises to change People often want the violence to stop, not the relationship to end

25 Barriers to Escaping Financial Dependency Language barriers Lack of access to services Adequate wage Does not or cannot have a job May not have a social security number or documentation Affordable daycare Fear Threats of deportation Violence escalates over time Threats to withdraw her petition to legalize her immigration status

26 Barriers to Escaping Isolation Emotional, Physical and/or Geographic separation from friends and family Service providers not providing qualified interpreters No transportation Not allowed to learn English or have contact with anyone who speaks her language Guilt Duty to fix relationship Feels violence is her fault

27 Barriers to Escaping Pressure Friends, family, religious institutions and communities tell her to try to make it work Shame Embarrassed to admit her partner abuses her Embarrassed that she stayed in the relationship Received a bad response from the community

28 Barriers to Escaping Systemic Discrimination Discrimination within institutional systems Equal services are not provided to all survivors Survivors may be stereotyped and therefore more vulnerable to abuse Substance Abuse Her partner may be her dealer She may not be able to take her children with her to treatment Her partner has threatened to report her to police

29 Domestic Violence Watch Domestic Violence Video Clip

30 Children Exposed to Domestic Violence

31 Statistics Approximately 3.3 to 10 million children witness domestic violence each year (NAIC, 2005) Research indicates that children exposed to domestic violence are at an increased risk of being abused or neglected (NAIC, 2005)

32 Exposure to Domestic Violence COGNITIVE EFFECTS Attention deficits Blunted intellectual development Distorted belief systems Predator-prey schema Poor identity and boundary distinctions Negative world view

33 Exposure to Domestic Violence BEHAVIORAL EFFECTS Pecking order battering Using violence as problem-solving techniques Treat others like objects Become overly passive Over-eager to please adults Isolation Poor impulse control Inability to form boundaries

34 Exposure to Domestic Violence SOCIAL - EMOTIONAL EFFECTS High levels or constant anxiety-spends time worrying about when the next outbreak of violence will occur Fear- they are frightened that one parent may die or be injured; constant state of panic Guilt- often blame themselves for the violence; they feel responsible

35 Exposure to Domestic Violence SOCIAL – EMOTIONAL EFFECTS Mixed feeling- may both love and hate both of their parents Loss of control of emotions Depression- caused by the inability to stop the abuse Issues with trust, poor self-esteem, or PTSD

36 Exposure to Domestic Violence PHYSIOLOGICAL EFFECTS Poor health Failure to thrive, low birth weight Higher susceptibility of infectious disease Sleeping difficulties Speech disorders Headaches and other stress related ailments Gastrointestinal disorders, skin diseases, visual disturbances D.V. causes more birth defects than accidents and illnesses combined

37 Exposure to Domestic Violence PERSONALITIES OF CHILDREN WHO WITNESS DOMESTIC VIOLENCE Parentified child: the child that takes on parental roles in the household Overachiever: the child who uses perfection as a means to cope with the violence Aggressor: easily angered, aggressive with other children, non-compliant

38 Resiliency The impact of domestic violence on children depends on the resiliency of the child, i.e., not all children will show signs of maladaptive adjustment.

39 Protective Factors Social competence Intelligence High self-esteem

40 Protective Factors Outgoing temperament Strong sibling and peer relationships Supportive relationship with an adult

41 Additional Factors Impact on the child may vary based on.... The Nature of the Violence –Children who witness frequent and severe forms of the violence or fail to observe their caretakers resolving conflict may undergo more distress than children who witness fewer incidences of physical violence and experience positive interactions between their caregivers.

42 Additional Factors Coping strategies and skills –Children with poor coping skills are more likely to experience problems than children with strong coping skills and supportive social networks Age of the child –Younger children appear to exhibit higher levels of emotional and psychological distress than older children –The age-related differences might result from older children’s more fully developed cognitive abilities to understand the violence and select various coping strategies to alleviate upsetting symptoms

43 Additional Factors Elapsed time since exposure –Children often have heightened levels of anxiety and fear immediately after a violent event –Fewer effects are seen in children as more time passes after the violent event Gender –In general, boys exhibit more “externalized” behaviors while girls exhibit more “internalized” behaviors

44 Additional Factors Presence of child physical or sexual abuse –Children who witness domestic violence and are physically abused are at risk for increased levels of emotional and psychological maladjustment than children who only witness violence and are not abused.

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46 Responding to Disclosure What do I say? –“ I am so glad you told me about this, I know it is a hard thing to talk about” –“Please remember none of this was your fault” –“I am going to do my very best I can to help you (or help your mom)” What do I NOT say? “I promise not to tell anyone what you tell me”- you will break that promise as a mandatory reporter

47 Responding to Disclosure Always keep in mind: –Your body language –Your facial expression –The tone of your responses Any negative expressions and reactions in the above areas can impact how the person (or child) will read your response and react in terms of sharing further information with other individuals and/or in accessing assistance.

48 Community Resources Kentucky Domestic Violence Association 111 Darby Shire Circle Frankfort, KY 40601 (502) 209-KDVA (5382) www.kdva.org

49 Community Resources KDVA has 15 domestic violence programs throughout the state that provide services such as: –Legal/Court Advocacy –Case Management –Safety Planning –Support Groups & Counseling –Housing Assistance –Job Search Assistance

50 Local Community Resources Merryman House

51 Reporting Domestic Violence

52 Important Acronyms CHFS – Cabinet for Health and Family Services DCBS – Department for Community Based Services

53 Felony vs. Misdemeanor Felony – A crime carrying more than one year possible incarceration. In KY, felonies are divided into five classes: –Capitol Offenses – an offense carrying a sentence of death –Class A Felonies – an offense carrying a sentence of at least 20 years but no more than 50 years –Class B Felonies – an offense carrying a sentence of at least 10 years but no more than 20 years –Class C Felonies – an offense carrying a sentence of at least 5 years but no more than 10 years –Class D Felonies – an offense carrying a sentence of at least 1 year but no more than 5 years

54 Felony vs. Misdemeanor Misdemeanor – an offense, other than a traffic infraction, for which a sentence term of imprisonment of not more that twelve months can be imposed. –Class A Misdemeanor – Any offense for which the sentence of imprisonment falls between 90 days and 12 months. –Class B Misdemeanor – Any offense for which the sentence of imprisonment is a maximum of 90 days.

55 Felony vs. Misdemeanor Domestic Violence can be charged as a Felony or a Misdemeanor. Typical penalties can include fines, jail time, or alternative penalties like a the use of global positioning system leg bands to track domestic violence offenders and individuals with restraining orders to ensure that they do not violate the space of the individuals who they are accused of abusing.

56 Mandatory Reporting SPOUSE ABUSE  KRS 209A.020(4): Adult = person regardless of age who is victim of abuse/neglect by spouse  KRS 209A.030(2)  Any person having reasonable cause to suspect that an adult has suffered abuse/neglect SHALL report to the Cabinet for Health and Family Services (DCBS)  Penalty: class B misdemeanor

57 KRS 209A: 020 (6) "Abuse" means the infliction of injury, unreasonable confinement, intimidation, or punishment resulting in physical harm or pain, including mental injury (9) "Neglect" means a situation in which a person deprives his or her spouse of reasonable services to maintain health and welfare;

58 Mandatory Reporting The statute only requires the reporting of spouse abuse/neglect, not all intimate partner abuse/neglect. Penalty for failure to report: class B misdemeanor KRS 209A.030(11)

59 “Other” Adult Abuse KRS 209.020  ADULT = 18 YRS or older who because of mental or physical dysfunctioning is unable to manage his/her own resources, carry out the activity of daily life or protect him/herself from neglect exploitation hazardous abusive situation  Any person having reasonable cause to suspect abuse/neglect/exploitation shall report to DCBS

60 KRS 209.020 (8) "Abuse" means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury;

61 KRS 209.020 (9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources;

62 KRS 209.020 (16) "Neglect" means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult;

63 Where to Report? Child/Vulnerable Adult Abuse – 1-800-752-6200 Spouse Abuse – 1-800-544-2022

64 What Information to Report? Contact Information The exact information that was witnessed by you or reported to you (who, what, when, where, how) Any prior documentation that is relative to the current situation

65 Document Your Phone Call The Date of the Phone Call Who I Spoke with on the Call Also, ask the person on the call to report back what you said to make sure that you were understood correctly.

66 How to Document Make sure to record factual statements (not opinions) Ex. The child has a 2-inch bruise over the left ribs vs. the child has bruises all over the chest. Try to document exact phrases reported (if you can remember) instead of a summary.

67 How to Document Record.... The condition and physical appearance of the child or abused adult The behavior of the child or adult after the alleged abuse occurred Exact statements of the child or adult who experienced the alleged abuse

68 Reporting to Police vs. DCBS Reporting to Police – Immediate and on the Premises Reporting to DCBS – Suspicion of DV Occurring in the Home

69 What Happens When I Report? The Victim Can File Charges Against the Perpetrator and Receive Assistance The Victim Can Reject Assistance

70 The Difference in Reporting DV Reporting Child Abuse –The Victim is a Minor. Consent is not needed to report. –The Child’s Legal Guardian Could Be the Abuser. Reporting Domestic Violence –The Victim is an Adult. –The Victim Can Refuse Help. –Remember that living with a violent partner is complicated.

71 Legal Remedies of Protection Who Can Get a Protective Order? "Family member" means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim; KRS 403.720(2)

72 Legal Remedies of Protection Who Can Get a Protective Order? Member of an unmarried couple: allegedly have a child in common, any children of that couple, or currently living together or have lived together in the past. KRS 403.720 (2)(3) – Ireland v. Davis (1997) same sex couple qualify

73 Living/Have Lived Together Sexual relations while sharing living quarters Sharing of income/expense Joint use/ownership of property Holding out as husband + wife Continuity of relationship Length of relationship

74 Who May File for an Order? Any family member or member of an unmarried couple who is a resident of this state, or Has fled to this state to escape domestic violence and abuse. In county of usual residence or if fled b/c of domestic violence, then county of current residence. KRS 403.730

75 Emergency Protective Orders Upon reviewing the petition for a protective order, if the court determines that the allegations indicate the presence of an immediate and present danger of domestic violence and abuse, the court shall issue the EPO. KRS 403.740 If an EPO is not issued, the Court must note on the petition, for the record, the action denied and the reason for it. KRS 403.735 (4) The Court must still set a hearing on the matter and serve the petition on the Respondent. KRS 403.745

76 Domestic Violence Orders If the judge determines after the hearing that domestic violence has occurred and may occur again, the judge should grant the DVO. KRS 403.750 Preponderance of the Evidence Standard

77 Domestic Violence Orders May be good for up to three (3) years, and may be extended, upon application, after that. Not required that another act of DV happens in order to get order renewed. Kingrey v. Whitlow (2004)

78 How Do I Help a DV Victim? Be Supportive Provide Resources Be Ready to Help if the Person Decides to Leave

79 Reminders Keep documentation so that you can report if the situation calls for it. The behavior of the victim is NOT the cause of the abuse! Use continuous positive reinforcement with children living in homes with domestic violence. Someone needs to be praising them!!

80 Case Study Remy is a three-year-old in your child care program, and he seems to be extremely shy. He usually plays alone while other children in the room are in small groups. His mother is also quiet, so this is probably where Remy learned this social behavior. He also seems to react strongly to low noises, even when the teacher raises her voice. One day Remy’s mother drops him off for school and you notice bruising on the left side of her face and she is carrying her left arm in a strange way. Later that day, Remy begins to cry when two children in the block area are fighting over a truck. You attempt to comfort Remy, and he tells you that fighting scares him and the children need to stop. What concerns do you have about Remy and his situation? How would you handle your concerns?


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