CHAPTER 12 DOMESTIC VIOLENCE 2006 Thomson Delmar

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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