1. DOMESTIC VIOLENCE AND ITS IMPACT ON CHILDREN
Presented by Legal Aid of North Carolina
***Adapted from presentations generated by the North Carolina Coalition Against Domestic Violence
and the NYS Office for the Prevention of Domestic Violence (presentation on Domestic Violence: Maternal, Infant & Child Health Care-2004)

2. IMPORTANCE Impact on your patient population
Costs of not identifying and treating

3. WHO ARE THE VICTIMS? Most victims are women
Transcends economic factors, education levels, race, religious backgrounds, and sexual orientation
Child Witnesses

4. WHAT IS DOMESTIC VIOLENCE?
PATTERN OF BEHAVIOR
Consisting of multiple coercive behaviors perpetrated by the abuser over a period of time (each incident building on those that came before)
Intimidating behavior to place the victim in fear
In order to create and maintain an improper balance of power and authority over the victim

5. TACTICS OF CONTROL Physical Abuse: Hitting, stabbing, shaking, kicking
Emotional Abuse:
Undermining the victim’s self worth
Sexual Abuse:
Forcible sexual activity against the victim’s will
Psychological Abuse:
Instilling fear in the victim, threats to flee with the children, encouraging children to engage in controlling, abusive behavior against victim

6. HEALTH CARE EFFECTS OF OBSERVING ABUSE
Children who witness chronic abuse may exhibit effects in the following ways:
Physical
Psychological
Risky Behaviors
Academic

7. HOW CAN YOU HELP? C A R E Communicate Assure the caregiver/patient
Referral
Educate on options

8. What legal remedy is available for the victim and child?
50 B Restraining Order
Domestic Violence Act
Enacted 1979
DVPO, restraining order, 50B order

9. WHO DOES THE STATUTE PROTECT?
Persons of opposite sex who live together or have lived together
Persons related as parents and children or grandparents and grandchildren
Persons who have a child in common
Current or former household members
Persons of opposite sex who are in a dating relationship
The mother/or victim can file restraining order can be filed on behalf of a child that has suffered abuse at the hands of the abuser

10. STATUTORY DEFINITION OF DOMESTIC VIOLENCE
Civil action: Plaintiff vs. Defendant
Attempting to or intentionally causing bodily injury
Placing someone or a member of someone’s family or household in fear of imminent serious bodily injury
Committing any act defined in GS through (rape & sexual offenses)
Placing someone in fear of continued harassment that rises to level as to inflict substantial emotional distress

11. Harassment & Stalking Harassment defined same as in stalking law
Conduct that torments, terrorizes, or terrifies a person
Includes all types of communication, i.e. written, telephone, fax, , voice mail

12. WHAT RELIEF IS AVAILABLE?
Direct batterer to refrain from threatening, abusing, following, harassing, or otherwise interfering with the victim
Grant victim possession of the residence and exclude the batterer
Order eviction of batterer from residence and assist victim in returning to it
Temporary custody of minor children and establishment of visitation rights (see HB 1354)

13. MORE RELIEF….. Order spousal support and/or child support
Provide for possession of personal property
Prohibit batterer from purchasing a firearm
Order completion of abuser treatment program
Any additional prohibitions or requirements deemed necessary to protect victim

14. OTHER CUSTODY PROVISIONS
Standard at ex parte stage changed to “child exposed to a substantial risk of physical or emotional injury or sexual abuse”
Court required to consider custody at ten-day hearing if either party requests it
Court must consider certain factors related to the safety of the child and the parent

15. PROCESS FOR OBTAINING A RESTRAINING ORDER
File for an Ex Parte Order
Law Enforcement guaranteed under Order
Valid for 10 days until full hearing is held

16. Restraining Order valid for 1 year if granted after full hearing
DVPO DURATION
Restraining Order valid for 1 year if granted after full hearing

17. HOW DOES THE VICTIM PROCEED?
Does victim need an attorney?
No, pro se option since 1989
Where does she file?
In the clerk’s office in the county where she resides
Is there a filing fee?
NO, pursuant to VAWA compliance bill that passed in 2002 session

18. REFERRAL INFORMATION NC Coalition against Domestic Violence
National Domestic Violence Hotline
SAFE
National Sexual Assault Hotline
HOPE
Legal Aid of North Carolina
(919)