© 2006 Thomson Delmar Learning. All Right Reserved. CHAPTER 12 DOMESTIC VIOLENCE

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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) Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. – 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) Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Strategic Weapon Cesare v. Cesare Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. 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 Domestic Violence Chapter 12

© 2006 Thomson Delmar Learning. All Right Reserved. Ethics Alert: Using domestic violence as a negotiating tactic Domestic Violence Chapter 12