Peter Jaffe & Maureen Reid Part B May 25, 2011 Guelph-Wellington Action Committee on Sexual Assault and Domestic Violence 1

Are DV Homicides Predictable & Preventable? 85% of the cases had at least 7 risk markers Critical information held by family, work colleagues, front-line professionals Children are the victims in a number of ways Critical need to collaborate between child protection and VAW services as well as the justice system (criminal and family court)

Danger Assessment Risk Factors Partner used or threatened with a weapon (20.2) Partner threatened to kill woman (14.9) Partner tried to choke/strangle woman (9.9) Partner violently and constantly jealous (9.2) Woman forced to have sex when not wanted(7.6) Gun in the house (6.1) Partner controls most/all of woman’s activities(5.1) Drunk every day (or almost) or illicit drugs (4.1) Campbell (2003)

Why is Domestic Violence Relevant in Custody Disputes? Abuse Does Not End With Separation Overlap Between Child Abuse and Domestic Violence Children’s Exposure to an Inappropriate Role Model Undermining of Non-Abusive Parent New Relationships Potentially Violent Perpetual Litigation as Form of On-Going Control Extreme Cases - Homicides and Abductions Jaffe, P.G. Lemon, N. & Poisson, S.E. (2002) Child Custody Disputes and Domestic Violence: Clinical and Legal Issues. Sage, Thousand Oaks, CA

Video Discussion Questions If you were a judge or custody evaluator what kind of contact would you considering allowing Nick Nolte to have with his daughter for the next 6 months? What community services would you need to implement your plan? What are some of the barriers to providing service to this whole family system?

What Services Will Nick Nolte and his Family Need or Come in Contact With? Justice System: Family Court (Civil)/Criminal Court Child Protection Visitation/Access Dispute Assault Charge (Child Abuse/DV) Police Intervention Crown Attorney Multiple Judges Victim Witness Program Probation Officer Family & Criminal Lawyers/Advocates for mother, father & child Court Witnesses (Experts, Family, Community Agencies)

What Services Will Nick Nolte and his Family Need or Come in Contact With? Social Services/Health Child Protection Services Supervised Visitation Center Batterer’s Program Advocates (Victim & Child) Alcohol/Addiction Counselling Family Doctor Children’s Counsellor/Program Mother’s Counsellor/Program Court Assessors & Mediators Community Volunteers (Church, Friends, Relatives)

Limits and Benefits of Risk Assessment Retrospective rather than prospective studies Propensity towards “false positives” Risk is dynamic rather than static Development of common language across systems Assists in the prioritization of limited resources Assists with safety planning strategies - may saves lives 10 LimitationsBenefits

Dynamics Between Victim & Perpetrator Role model for unhealthy relationships Gender roles Constrained sense of community – limited access to support (problems undermine access to potential resources) Siblings may be protective or abusive Loyalty conflicts (betrayal in disclosure)

Custody Dispute Dilemmas Accurately assessing perpetrator, victim, & children Domestic violence but no visible/measurable impact on children Children aligned with victim/primary caretaker {alienation allegations?} Children aligned with batterer {wishes vs. best interests} Role of extended family {helpful or harmful?}

Guiding Principles For Resolving Conflicting Priorities in Custody Decisions Priority 1. Protect children Priority 2. Protect the safety & support the well-being of the victim parent Priority 3. Respect the right of adult victims to direct their own lives Priority 4. Hold perpetrators of domestic violence accountable for their abusive behavior Priority 5. Allow child access to both parents Strategy: Begin with the goal of achieving all five. Resolve conflict by abandoning the lower priority. Janet Johnston 2007

Common Couple Aggression / No child maltreatment High Conflict Abuse (Child or Adult Partner) Battering Terrorism/ Stalking Nature, Frequency & Severity of Family Violence Co-parenting Parallel Parenting Supervised Exchange Supervised Visits No Visitation High  Evaluated Risk to Children or Caregiver  Low Parenting Arrangements after Violence

Accessible, appropriate interventions for victims, perpetrators, and child witnesses Services not accessible or inappropriate Systemic barriers (e.g., poverty, language) Co-parenting Parallel Parenting Supervised Exchange Supervised Visits No Visitation High  Evaluated Risk to Children or Caregiver  Low Parenting Arrangements after Violence Resources Available

Co-parenting Parallel Parenting Supervised Exchange Supervised Visits No Visitation High  Evaluated Risk to Children or Caregiver  Low Parenting Arrangements after Violence Longer term planning; Adequate information to evaluate safety of children and adults Timing of Disclosure / Stage of Proceedings Interim Hearings; Family in crisis; Red Flags for Lethality; Continue Exposure to Violence to Violence

Common Couple Aggression / No child maltreatment High Conflict Accessible, appropriate interventions for victims, perpetrators, and child witnesses Abuse (Child or Adult Partner) Battering Terrorism/ Stalking Services not accessible or inappropriate Systemic barriers (e.g., poverty, language) Nature, Frequency & Severity of Family Violence Co-parenting Parallel Parenting Supervised Exchange Supervised Visits No Visitation High  Evaluated Risk to Children or Caregiver  Low Parenting Arrangements after Violence Resources Available Longer term planning; Adequate information to evaluate safety of children and adults Timing of Disclosure / Stage of Proceedings Interim Hearings; Family in crisis; Red Flags for Lethality; Continue Exposure to Violence to Violence

The Gap between Theory & Practice Training Standards Access to Resources Genuine Collaboration with all community & justice partners