Dawn Bradley Berry - Domestic Violence Source Book-Lowell House (1998)
Dawn Bradley Berry - Domestic Violence Source Book-Lowell House (1998)
title:
Everything You Need to Know
author: Berry, Dawn Bradley.
publisher: NTC Contemporary
isbn10 | asin: 1565658736
print isbn13: 9781565658738
ebook isbn13: 9780071398053
language: English
Family violence, Family violence--United
States--Prevention, Victims of family
subject violence--Services for--United States,
Abused children--Psychology, Abused
women--Psychology.
publication date: 1998
lcc: HQ809.B47 1998eb
ddc: 362.82/92
subject: Family violence, Family violence--United
States--Prevention, Victims of family
violence--Services for--United States,
Abused children--Psychology, Abused
women--Psychology.
Page i
LOWELL HOUSE
LOS ANGELES
CONTEMPORARY BOOKS
CHICAGO
Page ii
Library of Congress Cataloging-in-Publication Data
Berry, Dawn Bradley.
The domestic violence sourcebook: everything you need to know/
by Dawn Bradley Berry.
p. cm.
Includes bibliographical references and index.
ISBN 1-56565-873-6
1. Family violence. 2. Family violenceUnited StatesPrevention.
3. Victims of family violenceServices forUnited States. 4. Abused
childrenPsychology. 5. Abused womenPsychology. I. Title.
HQ809.B47 1995
362.82'92dc20 95-7548
CIP
Copyright © 1995, 1996, 1998 by RGA Publishing Group, Inc. All
rights reserved. No part of this work may be reproduced or
transmitted in any form or by any means, electronic or
mechanical, including photocopying or recording, or by any
information storage or retrieval system, except as may be
expressly permitted by the 1976 Copyright Act or in writing by
the Publisher.
Requests for such permissions should be addressed to: Lowell
House 2020 Avenue of the Stars, Suite 300 Los Angeles, CA
90067
Lowell House books can be purchased at special discounts when
ordered in bulk for premiums and special sales. Contact
Department PL at the address above.
Published by Lowell House, Los Angeles Distributed by
Contemporary Books, Chicago Publisher: Jack Artenstein
Associate Publisher, Lowell House Adult: Bud Sperry Text design:
Laurie Young
Manufactured in the United States of America 10 9 8 7 6 5 4 3 2
Page iii
Table of Contents
Acknowledgments vi
Introduction vii
Chapter 1: What Is Domestic Violence? 1
Chapter 2: How Did We Get to This Point? The History of 19
Domestic Violence
Chapter 3: The Psychology of Domestic Violence 29
Chapter 4: Social Aspects of Domestic Violence 67
Chapter 5: Children, Adolescents, and Domestic Violence 117
Chapter 6: Domestic Violence and the Law 141
Chapter 7: What Works to Reduce and Prevent Domestic 193
Violence?
Chapter 8: Practical Information for Women Who Are 217
Abused and Those Who Want to Help Them
Resources and Suggested Readings 245
Appendix 259
Index 275
Page vi
Acknowledgments
I am extremely grateful to all of those who shared their stories,
recollections, insights, knowledge, books, clippings, thoughts,
ideas, and encouraging words; in particular Dr. Bob Henry, Mary
Blick, Janet Wiederkehr, Susan Embry, Andy Martinez, Dr.
Patricia Murphy, Becca Jean Hughes, Christine L. Bailey, Donna
Ferrato, Jane Fraher, Brenda Aris, Clarette Bradley, Rae Jean
Bradley, Gary W. Markham of the National Victim Center, and
many others. While all of the stories in this book are true, a
number of contributors have asked to remain anonymous or to
be identified by pseudonyms. I am thankful to them for their
candor and willingness to share difficult memories.
Thanks also to everyone at Lowell House, especially my great
editor Bud Sperry, and to my husband, Willy Berry.
Page vii
Introduction
Last spring while vacationing in Key West, I took a nasty spill off
a bicycle and landed on my face. The result, not surprisingly, was
a colorful assortment of bruises and scrapes, topped by the
biggest black eye I'd ever seena classic shiner.
Of course I was embarrassed by the thought that I was such a
clod I couldn't stay upright on a Schwinn. But the thing that
mortified me most was the idea that people might think my
husband had beat me up. I made a point of wearing dark glasses
around the clock, and quickly telling my story to anyone who
gave my ravaged face a second look. I wanted to make sure
nobody would think I was "the kind of woman who would let a
man beat me."
What kind of woman "lets" a man beat her? Who is the "typical"
violence victim? Is she weak? Helpless? Doesn't she have any
friends or family to turn to? Is she too ignorant or impoverished
to escape? Why doesn't she just leave? This has always been the
foremost question in my mind when I heard about women who
stayed with abusive partners. Why would any woman live with a
violent man, a man who says he loves her, yet hurts her? Why
doesn't she "just leave"?
Easy for me to ask. Easy, because I've never been there. I grew
up in a peaceful home where my parents treated each other with
warmth and respect and rarely so much as raised their voices in
argument. I never had a violent boyfriend. I married a gentle
man, who recognizes the same boundaries that I do: Yell and
scream and cuss if you have to, but never, ever, hit. Hitting is the
line you never cross, the line that ruins everything. One strike
and you're out. I've never had to cope with violence in any of my
homes. So, from this vantage point, it's been very easy for me to
ask, "Why doesn't she just leave?"
As I researched this book, I began to see just how naive I was.
Domestic violence is not a simple matter. It affects people of
astonishing diversity: rich and poor, old and young, black and
white, party animals and fundamentalist Christians. The reasons
women don't "just leave" are as diverse as the individuals
themselves. Some have no place to go. Many have left only to be
threatened, stalked, or cajoled into returning.
Page viii
Some are afraid they can't support their children. Some have
been so psychologically damaged by years of mistreatment that
they are incapable of leaving. Some think they deserve it. And
some still love the men who batter them and can't give up the
hope they will change; that this will indeed be the last beating, as
they have promised so many times before.
Domestic violence is a plague that maims and killsnot only
women, but children, men, families. What can be done about it?
Fortunately, most victims of domestic violence today do have
one or more ways out, if they know options exist and have the
capacity to use them. The growing awareness of how pervasive
and destructive this disease is in American society, and the
outrage that accompanies this knowledge, has spawned a wide
variety of programs, shelters, educational endeavors, legal
changes, law enforcement initiatives, and other efforts to prevent
and halt the growth of this tragic epidemic.
I've learned a lot through writing this bookabout the causes of
domestic violence, what types of programs are working to stop it,
and about the "kind of woman who would let a man hit her." I
have to say I'm ashamed of my own narrow-mindedness last
spring, when I was more concerned that people would think I
was a victim of violence than a klutz who can't ride a bike.
Battered women are not weak, self-loathing, ignorant, or pathetic.
The strength many have had to draw upon simply to survive is
phenomenal.
In this book I have generally used the female gender to refer to
the victims of domestic violence, and the male gender to refer to
the abusers. This choice reflects the fact that an estimated 95
percent of the victims of domestic violence are female. The book
is not intended to be sexist, or to diminish the very real, equally
tragic problems faced by the thousands of men who are also
abused. It is my hope that those involved in any way with the
crisis of family violencevictims, friends, professionals, and
others who care about stopping the cycle of violencewill find this
information helpful and illuminating.
One of the most fundamental rights recognized in American
society is the right of every person to be free from bodily harm.
This right belongs to every human being. It is difficult for those
of us who have never suffered the horror of a violent home to
imagine the pain, the terror, the hopelessness of living with the
constant threat of attack in the one place that should feel most
safe. Perhaps one day the home will be a
Page ix
peaceful refuge for everyone. In the meantime, dedicated people
are working to change attitudes, provide services, and hold
abusers accountable. Through their efforts, things are
changingbut we still have a long way to go. If educated
professionals like me still ask, "Why doesn't she leave?" then
there is a great deal of education yet to be done. I hope this book
will provide a few answers and a few new questions, such as
"Why does domestic violence still happen?" And better yet"What
can I do to help stop and prevent it?"
Page 1
Chapter One
What Is Domestic Violence?
What is domestic violence, anyway? It has been called by many
names; wife beating, battering, family violence, domestic abuse.
All refer to abuse by one person of another in an intimate
relationship. This book discusses only violence between adults in
a current or former husband-wife, living together, or dating
relationship. The equally complex and tragic problems of child
abuse, elder abuse, and sibling abuse involve different issues and
dynamics that are beyond the scope of this book. While a home
in which one form of violence goes on is likely to suffer from
other kinds of abuse, the nature, causes, and types of help
available differ.
Domestic violence is not limited to physical battering, but may
include other forms of abuse as well. Psychologist and author
Susan Forward, Ph.D., has described abuse as ''. . . any behavior
that is intended to control and subjugate another human being
through the use of fear, humiliation, and verbal or physical
assaults . . . it is the systematic persecution of one partner by
another.'' An abuser often wears down his partner by unrelenting
criticism and fault-finding. This form
Page 2
of psychological abuse is especially cruel, she says, because it is
often disguised as a way of "teaching the woman how to be a
better person."
Many experts believe that emotional abuse may have longer
lasting effects than physical abuse. When a person hears over and
over that she is stupid, worthless, or ugly, she may internalize
these things and let them become a part of her self-image. "Verbal
abuse can be more psychologically damaging in the long run than
physical abuse," says Patricia Murphy, Ph.D., a vocational
rehabilitation specialist and counselor who helps women rebuild
their working lives after suffering abuse. "When we hear over
and over that we are worthless and incompetent, we begin not
only to believe it, but to hear it repeating over and over in our
minds."
Also, emotional abuse is often one of the control tactics an
abuser employs to break the spirit of the victim and destroy her
perception of her own choices until she no longer believes she
can change her situation or leave. This is one of the
characteristics of the "battered woman syndrome" which is
discussed in greater detail later.
As Dr. Forward states in her book Men Who Hate Women and
the Women Who Love Them, "Once [a] woman accepts an attack
on her self-worth and permits herself to be demeaned, she has
opened the door for future assault." Dr. Forward describes one
woman's healthy reaction to her partner's irrational attack: "I
don't know why he thought he could get away with that kind of
stuff, but he picked the wrong girl when he pulled it on me. I
told him I wasn't going to put up with that kind of treatment, and
that if he pulled it again I was going to leave. Well, then he was
sweet as pie for a day or two, then he did it again. So I left." Dr.
Forward emphasizes the importance of standing up to any
abusive treatment as soon as it happens. If the abuse is verbal,
there must be at least an unequivocal assertion that you will not
stand for this type of treatment. If it turns violent, there should be
no second chances until you have removed yourself from the
situation and received some assistance. The relationship may still
be salvageable, but only with professional intervention.
Therefore, with the understanding that this text refers to violence
between couples, "domestic violence" is generally understood to
include:
Page 3
Physical violence. Slapping, hitting, kicking, burning, punching,
choking, shoving, beating, throwing things, locking out,
restraining, and other acts designed to injure, hurt, endanger, or
cause physical pain.
Emotional abuse. Consistently doing or saying things to shame,
insult, ridicule, embarrass, demean, belittle, or mentally hurt
another person. This may include calling a person names such as
fat, lazy, stupid, bitch, silly, ugly, failure; telling someone she
can't do anything right, is worthless, is an unfit mother, is
undeserving, is unwanted. It also involves withholding money,
affection, or attention; forbidding someone to work, handle
money, see friends or family, make decisions, socialize, keep
property; flaunting infidelity; engaging in destructive acts; forcing
someone to do things she does not want to do; manipulation;
hurting or threatening children or pets; threatening to abandon;
threatening to take children away. It may also include refusing to
help someone who is sick or hurt; ridiculing her most valued
beliefs, religion, race, heritage, or class; insulting her family or
friends.
Sexual abuse. Forcing someone to have sex when she does not
want to, forcing someone to engage in sexual acts she does not
like or finds unpleasant, frightening, or violent; forcing someone
to have sex with others or watch others; criticism of sexual
performance; sadism; anything that makes her feel demeaned or
violated. This form of abuse may also include forcing a woman
into reproductive decisions that are contrary to her wishes; or
forcing her to have sex without protection against disease or
pregnancy.
Authors/counselors Greg Enns and Jan Black simply define abuse
as any behavior that results in the mistreatment of another.
Taking a slightly different approach, EMERGE, a Boston
counseling program for abusive men, describes domestic
violence as any act that causes the victim to do something she
does not want to do, prevents her from doing something she does
want to do, or causes her to be afraid. In many abusive
relationships, different forms of abuse are combined.
While physical abuse is generally considered the most serious
form of domestic violence because of the immediate threat to life
and limb, this
Page 4
does not mean the other forms should be taken lightly, even if
they don't seem "serious." Other forms of abuse often precede
physical abuse and function as warning signals. Any time a
partner engages in behavior that makes a woman feel demeaned,
humiliated, and uncomfortable, whether it amounts to
roughhousing, small shoves, sexual domination, or insults, she
should tell her partner to stopand he should be willing to respect
her request. Many couples have nasty spats occasionally. The
difference in an abusive relationship is, first, the vicious, one-
sided character of the attack and, second, that while the abuser
may agree to stop the behavior at the time, the first time is never
the lastnor is the second or the third. In violent homes, one
partner dominates and controls other family members, often to
the point of creating a sort of terrorist state in which the threat of
harm is constant and unpredictable. Professor Linda Harshman
has compared the lives of battered women to the "state of war"
that exists without government protection as described by the
political philosopher Thomas Hobbes some three hundred years
ago: ''solitary, poor, nasty, brutish, and short."
It is no secret that violence also happens between same-sex
couples, and some studies suggest it may occur more frequently,
with as many as one in three couples involved in violent
relationships. Most of the principles applicable to heterosexual
couples apply to homosexual couples as well, though relatively
little research has been done. A brief discussion of the special
problems faced by couples in violent same-sex relationships is
provided later in the book, and sources with more detailed
information are listed in the Resources and Suggested Readings
section.
Stalking
Domestic violence is a peculiar crime with its own dynamics and
special risks. Even women who do what society tells them is
right, and leave at the first sign of violence, often fall prey to
continued harassment. Stalking is a particular problem for
women who leave, whether its sooner or later. The vast majority
of stalking crimes are committed by former husbands or
boyfriends against women who have left the relationship.
According to a 1997 study by the U.S. Justice Department,
Page 5
one in twelve women has been stalked. Eighty percent of those
who are stalked are assaulted, and women are four times as likely
as men to be stalking victims.
Stalking involves any pattern of behavior that serves no
legitimate purpose and is intended to harass, annoy, or terrorize
the victim. The stalker is obsessed with the victim, and can't cope
with the rejection and anger he feels when she leaves. The stalker
often wants to "take revenge" on the victim, who is blamed for
causing these feelings. Typical stalking activities include repeated
telephone calls, letters or gifts by mail, surveillance at work,
home, and other places the victim is known to frequent,
vandalism of the victim's car or other possessions, and physical
encounters.
Stalking is a special problem for several reasons. First, it usually
escalates. A series of harassing telephone calls may lead to direct
threats then to violence. The National Council on Stalking
advises that a stalker should be considered dangerous if he has a
previous criminal record or history of mental instability; if acts of
vandalism or destruction have been committed; if he is unable to
control his temper; if there has been physical contact between the
stalker and the victim; if he lives in isolation; if he has a
substance abuse problem; if he has been in a violent domestic
relationship; if he has or is familiar with using guns; if threats
have been made to the victim; or if the stalker has felt humiliated
by the victim. More information on laws against stalking and
safety tips are included later in the book. Most states have
enacted specific anti-stalking laws so a stalker can be arrested
before the behavior becomes dangerous. In most areas, a good
set of laws against domestic violence and stalking is now
available. Such laws frequently distinguish between stalking and
aggravated stalking; harassment, which requires a regular pattern
of conduct; and telephone harassment, which is easier to prove.
Stalking victims can assist law enforcement and prosecutors by
keeping a written record or diary of all incidents of stalking or
harassment; including the date, time, location, and type of
incident; details of reports to law enforcement agencies; and
witness information. Some social service or law enforcement
agencies provide forms for keeping such records. Law
enforcement professionals advise that all stalkers should be
Page 6
considered extremely dangerous, and victims should avoid any
contact or discussion with the stalkerget away from them as soon
as possible. The police should be notified of any incident of
stalking or harassment. It is essential that law enforcement be
made aware of the complete history between the stalker and
victim. Prior acts should be noted, as these can provide evidence
of a "pattern of conduct," which may effect the charges and
penalties available, and may also mean the difference between a
misdemeanor and a felony charge. Many states now have laws
that distinguish between various degrees of stalking, for example,
by providing different definitions of "harassment," "stalking,"
and ''aggravated stalking.''
Chapter Two
How Did We Get to This Point? The History of
Domestic Violence
Domestic violence is as old as recorded history. It has been
reported in virtually all societies, and in most countries it has
been both legal and socially accepted until very recently. Through
time, physical force has been used to keep subordinate groups in
their place by the more dominant forces in society. Men have
always been physically larger and stronger than most women,
and most societies have been male dominated. So its no surprise
that women have been common victims of physical assault.
In ancient Roman times, a man was allowed by law to chastise,
divorce, or kill his wife for adultery, public drunkenness, or
attending public gamesthe very behavior that men were allowed,
even expected to pursue, on a near-daily basis! During the middle
ages, a man's right to beat his wife was beyond question, yet a
woman could be burned alive for so much as threatening her
husband.
This general idea prevailed for hundreds of years. A few
enlightened souls began to recognize the brutality of wife beating
very early on, though it took centuries before any real efforts
were made to curtail the
Page 20
problem. In 1405, French writer Christine de Pizan complained
of the harsh beatings and injuries suffered by women at the
hands of their husbands, who had no cause or reason to inflict
such treatment. Early women's advocate and author Mary
Wollstonecraft wrote of the problems of male tyranny in
eighteenth century England. Judge William Blackstone criticized
the prevailing law in his Commentaries on the Laws of England,
published in 1799, and urged priority be given to ". . . security
from corporal insults or menaces, assaults, beatings, and
wounding." Philosopher John Stuart Mill criticized "wife torture"
as an atrocity in the nineteenth century. American colonial
women organized informal support systems to help battered
women escape brutal husbands. When the first organizers of the
American women's movement met in the 1840s for the primary
purpose of securing the right to vote, the issue of male brutality
was also on the agenda. Suffragist Susan B. Anthony is reported
to have helped battered women escape their husbands during the
same era.
The widespread acceptance of wife beating has often been
reflected in popular culture. We have all heard the expression
"rule of thumb." It is commonly used in American conversation
to describe a general guideline, a rule for everyday, routine use.
Yet this innocuous expression has chilling originsin a past that
helps explain why domestic violence is still with us.
"Rule of thumb" refers to an English common law, which was
included in Blackstone's codification of the law published in the
eighteenth century. Before the rule of thumb, a husband could
chastise his wife with "any reasonable instrument." The rule of
thumb actually represented some progress toward limiting the
amount of force a man could use. It allowed a husband to beat
his wife with any stick of his choosingas long as it was no thicker
than his own thumb.
American courts approved this rule in 1824, when a Mississippi
court held that husbands could use corporal punishment against
wives within this paltry limitation. A typical statement of the early
law declared that a man could beat his wife "without subjecting
himself to vexatious prosecutions for assault and battery,
resulting in the discredit and shame of all concerned."
Page 21
For the next fifty years or so, court decisions varied. A North
Carolina court overturned the rule of thumb in 1864, but a higher
court in that state upheld it three years later in 1867, stating, "If
no permanent injury has been inflicted, nor malice nor dangerous
violence shown by the husband, it is better to draw the curtain,
shut out the public gaze, and leave the parties to forgive and
forget." An 1874 North Carolina court even took a giant step
backward, holding that a husband was entitled to chastise his
wife under any circumstances. Meanwhile, England passed its
first law against "aggressive assault upon women and children" in
1853. The law provided for a fine and up to six months in prison.
An interesting, though isolated, development took place in rural
Texas in 1866. Martha White McWhirter founded the
Sanctificationist religious group on the belief that no woman
should have to live with a brutal, or "unsanctified," husband. Her
followers were made up of other women escaping battering
husbands, and they founded what may be the first shelter ever
established. By 1880, fifty women lived together in a self-reliant
group that owned and operated three farms, a steam laundry, a
hotel, and several rooming houses. The Sanctificationists
sometimes had to defend against irate husbands on the rampage.
McWhirter's home still stands in Belmont, Texas, with a bullet
hole in the front door.
Alabama and Massachusetts courts handed down rulings against
wife abuse in 1871. An unusually enlightened Alabama judge
wrote that year in Fulgham v. State, "The privilege, ancient
though it may be, to beat her with a stick, to pull her hair, choke
her, spit in her face, or kick her about the floor, or to inflict upon
her like indignities is not now acknowledged by our law." By the
early 1880s, most states had laws limiting the amount of force
that could be used against a wife, but few provided any penalties
for violation. No state actually passed a law making wife beating
illegal until 1883, when Maryland finally made it a crime.
Yet few people actually saw violence in the home as a problem.
One reason for the lack of concern was the common notionin
British, American, and many other societiesthat a woman was not
a full human being, but property, first of her father, then of her
husband. In fact, this idea was so widely accepted by the
seventeenth century that
Page 22
the early American slaveholders adopted the law governing
women to establish the legal status of slaves!
Under this system, a wife and husband became legally one
personthe husband. By law he had to answer for the misdeeds or
debts of anyone in his household, so the law delegated to him the
obligation of keeping his family in line. Accordingly, he was
allowed, and even expected, to chastise any errant child, servant,
or wife. By 1895, a number of states had adopted the Married
Women's Property Act, which gave women some rights to own
their own property and made a husband's conviction for assault
sufficient grounds for divorce. Convictions were hard to get and
seldom seen, but the act did help begin to change the concept that
women were the husbands' property.
Another roadblock in the law that has prevented battered wives
from holding their husbands accountable is the concept of
''spousal immunity.'' This is a legal principle that says wives and
husbands can't sue one another for civil wrongs, or "torts." These
are acts that give one person the right to sue another for
compensation for their losses caused by the misdeeds. Torts
include things like trespass, negligence, and assault and battery.
Thus, a woman battered by a stranger on the street could take
him to court to recover her damages, including medical bills, lost
wages, and pain and suffering. But she couldn't sue her husband
for the same behavior.
The philosophy behind this rule seems patently stupid: The idea
is to preserve harmony in the family unit. As late as 1962, the
California Supreme Court threw out a woman's assault case
against her husband on the theory that to allow the case to
proceed ". . . would destroy the peace and harmony of the home
and thus be contrary to the policy of the law." Such reasoning
ignores the obvious conclusion that a home in which the family
members are beating and suing one another is far from peaceful
and harmonious to begin with.
Though relatively uncommon today, appallingly insensitive
attitudes were frequently encountered by women who tried to
make use of what help was available. As late as the 1970s, it was
not uncommon for a prosecutor to base the decision of whether
to bring charges against the abuser on the number of stitches
required to close the woman's wounds.
Page 23
Prosecutors joked about the "fifteen-minute rule"if, after
spending fifteen minutes with the victim, the lawyer was ready to
beat her himself, he would not pursue the case. In the late 1970s,
a Harris poll found that one out of five Americansincluding
women!still approved of a man hitting his wife under some
circumstances.
Thus, until very recently, the criminal justice system saw its task
as limiting the amount of force a man could use against his wife,
rather than recognizing spousal abuse as a crime. This very
attitude has been one of the greatest barriers in trying to end the
brutality that still goes on behind the drawn curtains. Until the
1970s, only the most extreme crimeslike murdermade it to the
courtroom. It was common for state laws to be structured in such
a way that the very same action, beating a person, was a felony if
it was committed against a stranger, but only a misdemeanor if
done to a spouse! In most cases, a woman's legal remedies were
limited to a provision in a divorce or legal separation decree
prohibiting the abuser from contacting or harassing her. It has
only been within the past twenty years that any real progress has
been made in using, changing, and expanding the law toward
greater justice for victims of domestic violence.
Until the 1970s, there were virtually no social services for victims
of domestic violence. Haven House, the first contemporary
American shelter, was opened in San Gabriel Valley, California,
in 1964, but it was one of the very few. People in violent
relationships had to depend on the police, mental health
professionals, churches, friends, and family if they needed
support or intervention.
Other sources of help began to emerge in association with the
rape crisis movement of the early 1970s. grassroots activists and
social service professionals borrowed the techniques of
organizing and counseling to address the similar plight of
battered women, creating shelters, hotlines, support groups, legal
aid centers, and advocacy projects. The first book on domestic
violence was published in 1974 in England by Erin Pizzey. It was
called Scream Quietly or the Neighbors Will Hear and a
documentary film by the same name helped draw attention to the
problem when it was broadcast in England and America. Pizzey
founded the first shelter for battered women in England, and
women's
Page 24
groups began setting up shelters and safe houses in America at
about the same time.
Since 1974, over eighteen hundred shelters have been established
by grassroots workers in what has been described as one of the
most astonishing social reform movements in history. While child
abuse had long been recognized as a major problem that received
the attention of organized legal, political, and protective groups,
the fight against spouse abuse was almost entirely undertaken by
the victims themselves. Most of the community-based services
that now exist and work in a cooperative effort with government
service agencies, the criminal justice system, and other
institutions were created by these pioneers.
Volunteers have also set up emergency hotlines, information
services, advocacy organizations, and programs for victims, and
have successfully pushed for changes in the law. Large social
reform organizations soon took note, and became involved. In
1975, the National Organization for Women (NOW) created a
task force on battered wives. The National Coalition Against
Domestic Violence (NCADV) was organized in January 1978
when over one hundred battered women's advocates from all
over the nation attended the U.S. Commission on Civil Rights
hearing on battered women in Washington, D.C. The NCADV
was established to organize the various grassroots shelter and
service programs for battered women around the nation, and to
address the common problems of these formerly isolated
programs.
In 1980 the Domestic Abuse Intervention Project was created in
Duluth, Minnesota. It founded one of the first systems to
coordinate the efforts of the police, prosecutors, civil and
criminal court judges, shelters, legal advocates, probation
officers, social service agencies, mental health professionals, and
others involved in efforts to end domestic violence. This
program has been a model for other cities and agencies, and has
expanded its efforts to include training programs for other
communities.
Creative efforts have continued at the grassroots level. In 1987,
Rockland Family Shelter in New York established a catalog called
the Company of Women, which features a wide variety of
products, with special emphasis on goods useful to women, such
as a car emergency kit (see appendix). All profits from the sales
of goods in the catalog go to
Page 25
support the shelter's wide variety of programs, both in the
community and beyond.
The law has, at long last, seen dramatic changes over the past
fifteen years, due in large part to the efforts of the same volunteer
organizers who lobbied for changes in social attitudes so that
domestic violence would be viewed as a serious crime, not a
"family matter." Law and police policy changes have made the
arrest of batterers mandatory in many jurisdictions. Prosecutors
have established systems in which the abuser can be charged and
even tried without the victim's direct involvement. Courts have
begun imposing mandatory jail sentences, counseling programs,
and stiff penalties for convictions or violation of orders. Civil
lawsuits by individuals and groups have held both batterers and
police who refuse to enforce the law accountable for the damages
caused by their actions or apathy, and have helped create more
legal tools for other abuse victims to use.
Yet the quality of justice a person receives often depends on
where she lives. In many places, attitudes have not changed as
quickly as the law. As recently as the mid-1980s, some judges
tended to view abuse as a symptom of a bad marriage rather than
the cause of it, and a man who admitted to being sorry was
viewed as deserving a "second chance." In some jurisdictions, a
man who could manipulate his wife into allowing him to spend
the night under the same roof could claim that the couple had
reconciled, effectively halting or at least delaying a divorce.
Today, in some areas, the legal system, social service agencies,
and other professionals work smoothly together in a coordinated
effort that efficiently deals with every reported case of domestic
violence. In other places, a double standard remains in the vastly
different way law enforcement and the judicial system treat the
same behavior, depending on whether it occurs on the street or in
the home. Abusers are still set free without suffering any
consequences for their behavior.
Why on earth should this be so? If anything, it seems more
shocking, more offensive, to think of hitting someone you love
than hitting a stranger. Again, these attitudes have deep roots in
the past that have mutated into equally unreasonable
presumptions today. One hundred years ago, a woman who left a
brutal husband was soundly criticized for
Page 26
abandoning her "sacred family obligations." Today, we ask her
why she doesn't leave if she is unhappy. The focus is still in the
wrong place: on the woman. Society continues to place the
responsibility for change on the victim; asking why she doesn't
leave, instead of asking why the man abuses her, and why the
agencies that are supposed to protect people haven't put a stop to
it.
There is no question that, today, most people consider wife
beating wrong. We believe that women should have options, that
no one should have to live with brutality. Yet the question "Why
doesn't she leave?" is still asked over and over.
This attitude is based on mistaken assumptions. We assume that
every woman has family, friends, or a shelter in her town with
room to take her; a police officer in the neighborhood who will
assure her safety; a judge who will punish the batterer and
enforce protective orders; therapy programs; child care;
affordable housing; job opportunities; medical care; and support
groups.
Even the best programs in the country, some of which are
profiled in the last chapter, are imperfect. Virtually all suffer from
chronic underfunding. Minnesota, which boasts one of the most
progressive and generously funded anti-abuse programs in the
country, routinely spends less money to help battered women
than it does to kill mosquitoes!
And amazing ignorance persists in the attitudes of some. There
are people who still think that domestic violence is anything from
a necessary evil to an acceptable part of family life. Judge Angela
Jewell, former domestic violence special commissioner for a
New Mexico district court, tells the incredible story of a man who
was arrested for battering his wife. At the police station he kept
repeating, "But she's my wife!" He was astonished to learn that
beating his wife was a crimehe honestly thought that he had the
absolute right, as a husband, to hit his wife if he pleased. And
this occurred in 1994!
Perhaps changing ingrained attitudes will always be the most
difficult task of social reformers. Even something as innocent as
a fairy tale can help perpetuate old beliefs. Storybooks still teach
young girls that they need only wait for a handsome prince to be
assured of true love and living happily ever after. We still hear
the expressions, "Kiss and
Page 27
make up," "All's fair in love and war," not to mention, "That's a
good rule of thumb."
Yet considering that virtually all of the progress against domestic
violence has happened in just over twenty years, there is great
reason to be proud and hopeful. Today every state has a domestic
violence coalition, at least a few shelters, and laws that make
domestic violence a crime. Much remains to be done, but much
has been achieved.
Page 29
Chapter Three
The Psychology of Domestic Violence
It's always easier to solve a problem that can be identified,
analyzed, or isolated when we can say, "This is what causes the
problem, this is where it happens, and why." Unfortunately,
domestic violence does not easily lend itself to scientific analysis.
Victims and abusers come from all races, religions, classes, ethnic
groups, socioeconomic levels, occupations, and backgrounds.
"Intelligent people let this happen too," psychologist Robert
Geffner, president of the Family Violence and Sexual Assault
Institute of Tyler, Texas, said in a 1994 Newsweek article. "What
goes on inside the home does not relate to what's outside it."
Also, appearances of the home to the outside world may be
deceiving. Even women who appear to be strong, financially
secure, and privileged may suffer from isolation, a history of
abuse, low self-esteem, or other factors not apparent beyond the
confines of the home.
As domestic violence has at last come to be viewed as a crime
and a social problem, scientists in various fields, including
psychology, sociology, law enforcement, and medicine, have
begun to study violent homes and the people who live in them.
Many questions remain, and not all
Page 30
the experts agree on how to interpret and apply what has been
learned. But some answers have emerged that have proven very
useful in helping to understand the tragedy of family violence,
and in determining what can work to prevent and stop it.
In 1991, the American Psychological Association established a
task force on male violence against women. The task force has
emphasized that the problem cannot be fully understood, let
alone solved, by focusing exclusively on individual psychology.
There must be changes in the social institutions that have given
rise to the problem before any lasting solutions can be achieved.
As psychologist Carolina Yahne, Ph.D., observes, "Psychology's
tradition of focusing on the individual must not obscure social
and cultural dimensions."
Chapter Four
Social Aspects of Domestic Violence
Much of what goes on outside the home also has a hand in
shaping the conditions that allow domestic violence to
continueand those that work toward its demise. A wide range of
social and cultural forces help shape the attitudes of individuals.
Chapter 2 outlines the role history has played in both
perpetuating domestic violence and setting the stage for change.
Today's world continues to affect our opinions and behavior in
both positive and negative ways.
Some believe people today have become desensitized to violence
by the common occurrence of all types of brutality. We are
surrounded by violence on the street, in the media, on the news,
in sports, in war, virtually everywhere. The pervasiveness of
violence outside the home may make it more acceptable in the
home as well.
The way children in American culture are raised is also an
important factor. Despite the changes of the past few decades,
our educational, religious, military, and recreational institutions
still tend to encourage boys to be aggressive, authoritarian, and to
refrain from showing emotion. Such conduct is considered
"manly." The sports culture had been
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accused of having a hand in encouraging violence. Certain sports
do emphasize physical force and domination of opponents. Yet
others believe that sports provide a healthy outlet for male
aggression.
At the same time, girls are raised to be passive, submissive, and
gentletraits traditionally considered feminine. Women's roles have
changed dramatically over the past century, yet women are still
denied equal access to many of the opportunities available to
men. Women still suffer from discrimination on the job, and only
earn an average of seventy-four cents for each dollar earned by
men. There are very real financial barriers to economic stability
for many women, and many in abusive relationships stay because
they do not believe they can support themselves and their
children independently.
Cultural attitudes toward domestic violence itself also contribute
to its proliferation. We are trained to respect our neighbor's
privacy, which gives us a good excuse to look the other way
when we suspect something ugly may be going on behind the
drawn curtains. We tell ourselves we're "minding our own
business" when we ignore crashes and screams, perhaps even
police cars late at night.
There are many social factors and institutions that contribute to
society's behavior and attitudes toward domestic violence, in both
good and bad ways. A few of the more important influences are
discussed below. The civil and criminal justice systems, which of
course play a huge part in both social attitudes about domestic
violence and what isor is notdone to stop it, are discussed in the
next chapter.
Substance Abuse and Domestic Violence
What about drinking and drugs? Many women report that their
partners only become abusive when under the influence, leading
some to conclude that substance abuse causes domestic violence.
But the experts agree that while there is often a connection
between the two, alcohol or drugs do not cause domestic
violence. That there is some relationship between alcohol abuse
and violence is clear, but what the relationship is remains
puzzling.
Alcoholism and drug abuse do increase the risk of domestic
violence.
Page 69
But as with the other factors that contribute to chances of
violence happening in a home (like unemployment, for example)
they are separate problems. Many abusers never use drugs or
alcohol; many who are addicted never become abusive. Men who
batter women while under the influence of intoxicants have to be
abusive people to begin with. Alcohol or drugs can remove the
inhibitions that keep them from beating their partners when
they're sober, and do tend to increase the risk of severe injury or
death during battering episodes. But they can't turn peaceful
people into abusers without the traits that make a person violent
already in place. Above all, intoxication should never be accepted
as an excuse for battering.
Undeniably, the connection between substance abuse and
domestic violence needs further study. A team of physicians who
worked with the Memphis police department in conducting a
1995 study of domestic violence calls found that two-thirds of the
assailants had used a combination of cocaine and alcohol on the
day of the assault. The team recommended greater attention to the
connection between substance abuse and battering, including
evaluation of the batterer at the scene or after arrest by police.
Many physicians emphasize that integration of legal intervention
and counseling to stop substance abuse by perpetrators is
overdue.
The Media
The entertainment and news media have been alternately cursed
and blessed in recent years for their treatment of domestic
violence issues. Certainly this powerful institution can be an
extremely valuable tool for disseminating information on
services, reporting crimes and consequences, educating a broad
segment of the public, raising money and volunteer support for
shelters and other organizations, and shaping public attitudes.
Battered women's advocacy groups have launched their own
media campaigns to make victims of abuse aware of their legal
rights and remedies, to educate the public about domestic
violence, to publicize hotlines and shelters, and to warn batterers
that family violence is a crime. Newspapers that move stories of
domestic violence to the forefront
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contribute to a public perception that it is an important issue. In
1994, New York City Mayor Rudolph Giuliani launched a poster
campaign using photographs provided by Domestic Abuse
Awareness, Inc. to educate subway and bus passengers about
domestic violence. Television stations frequently air programs
that portray the gritty reality and potential consequences of
domestic violence, and broadcast public service announcements
at appropriate times, such as during the Super Bowl (various
reports show that, for some reason, Super Bowl Sunday is the
most violent day of the year).
Of course, there is a flip side. The downside of extensive media
coverage cannot be ignored. Abusers very often use death threats
to control and terrorize their victims, and many report being told
that what happened to Nicole Brown Simpson or other women
who died will happen to them if they don't "shape up" or "behave
themselves." Movies and music videos in particular have been
criticized for mixing violence with sex and portraying women in
inaccurate, inappropriate ways.
But today, the scope of the media is nearly boundless, with new
newspapers, magazines, and cable TV channels appearing almost
daily. The best way to deal with negative or false messages is
usually to counter them with the truth. Publicity about domestic
violence, what it is, the damage it causes, and, perhaps most
important, what works to stop it, can be an extraordinarily
powerful tool for change. Popular media figures, such as Malik
Yoba, of the TV drama "New York Undercover," have become
involved. Yoba did a 1997 radio spot in which he urged listeners
of a popular Los Angeles radio talk show to refrain from
violence against women and each other and offered suggestions
for more positive ways to channel negative energy. Actor Ben
Savage donated his time to narrate the video for children entitled,
"It's Not Ok: Let's Talk About Domestic Violence," produced by
the American Bar Association in conjunction with the Walt
Disney Company. Actor Danny Glover has lent his support to
help raise funds for the Family Violence Prevention Fund.
High-profile court cases also draw attention to needed changes in
social and government policy. After a battered woman named
Tracy Thurman won a landmark civil rights case against the
police department
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that failed to protect her and a TV movie was made chronicling
her story, policies and practices changed in police stations across
the nation. Much of the news regarding domestic violence issues
does not get the publicity it deserves, but anyone can help
remedy this by writing letters to the editors of local newspapers,
contacting television stations about stories, and making other
small efforts. The public appetite for a good story is insatiable,
and reporters are always looking for a scoop.
There is a tremendous emphasis today not only on protecting
victims and punishing offenders, but on changing the attitudes
that permit violence against women to continue. The efforts of
ordinary people who spoke out, wrote letters, campaigned, and
worked deserve credit for getting us this far. Such efforts can
continue to move us toward the day when domestic violence will
be a part of our historynot our future.
The Internet
According to Robert E. McAfee, M.D., past president of the
American Medical Association, every 12 seconds a woman
suffers from some sort of violence or abuse at the hands of her
spouse, boyfriend, or significant other. McAfee, who has
characterized domestic violence as terrorism in the home, notes
that more years of life are lost to violence in American society
than to heart disease, cancer, and stroke combined.
The Internet is a remarkable resource for information, guidance,
and shared ideas on domestic violence. Many of the organizations
listed in the appendix have their own web sites with links to other
sites with related materials. Additionally, more and more state
and local coalitions are developing sites to help individuals and
other groups connect with local sources of information and
assistance.
For those without personal access to the Internet, many public
libraries offer free use of their computers to access the world
wide web, as well as brief classes that teach the basics on how to
use the vast array of resources on the Internet. Bookstores,
community centers, schools, and computer shops also offer
classes, many free of charge.
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Health Care
According to Robert E. McAfee, M.D., past president of the
American Medical Association, every 12 seconds a woman
suffers from some sort of violence or abuse at the hands of her
spouse, boyfriend, or significant other. McAfee, who has
characterized domestic violence as terrorism in the home, notes
that more years of life are lost to violence in American society
than to heart disease, cancer, and stroke combined.
In 1985, U.S. Surgeon General C. Everett Koop described
domestic violence as a public health menace. The impact of
family violence on the physical, emotional, and mental health of
its victims is almost impossible to calculate because so much of
the damage goes untreated and unreported. Even if only the
reported and reliably estimated violence is considered, the
statistics are devastating. Remember, domestic abuse is the
leading cause of injury to women between the ages of fifteen and
forty-four. Between one-fifth and one-third of women who are
treated in hospital emergency rooms are there because of
battering. Between 20 percent and 50 percent of the women
admitted to hospitals for emergency surgery have been hurt by a
male partner.
According to the American Academy of Orthopedic Surgeons,
"Violence is a disease with many causes, and the medical
community is uniquely positioned to have an important role in
reducing its prevalence and the pain and suffering that results.
Because the incidence of violence continues to increase, it is
imperative that physicians increase their efforts to curb this
epidemic."
Battered women have unique needs that require special attention
from health care professionals in prevention, screening, and
treatment. Yet many physicians have little or no training in the
area of domestic violence. Two emergency medicine specialists I
spoke witha doctor and a nursecomplained that their efforts to
get the dean of a major medical school to require more specific
training on domestic abuse in the curriculum for all medical
students have fallen on deaf ears.
However, there is every indication that positive changes are
occurring in the medical community, as both individual care
providers and organizations become more aware and sensitive to
the unique needs of domestic violence victims. In 1994, the
American Academy of Facial
Page 73
Plastic and Reconstructive Surgery (AAFPRS) entered into a
unique partnership with the National Coalition Against Domestic
Violence to assist victims of domestic abuse who have suffered
facial injuries and need surgery to repair the damage from
assaults. The service, called the National Domestic Violence
Project, founded by plastic surgeon Dr. Lori Hansen, provides
reconstructive surgery for victims of abuse without charge. As of
early 1996, some five hundred women had been helped. Such
surgery can free women from the constant reminder of the
violence they have suffered, and help to restore their self-esteem.
A toll-free number has been set up for use by advocates and
victims (see appendix). The Project will refer victims to
participating physicians in the victim's local area, whenever
possible.
More and more emphasis is being placed on the danger of
strangulation in domestic violence cases. Choking is peculiarly
common in domestic violence cases, far more so than in stranger
assaults. What form of control could be more intimate than
controlling a person's ability to breathe? Strangulation is both a
serious warning sign that this is an extremely vicious abuser and
a potential medical crisis that must be monitored closely. A victim
who has been strangled may exhibit only mild injuries at first,
then die within 36 hours as internal swelling increases.
An attempt by an abuser to strangle his victim is taken very
seriously by most prosecutors. Such cases can be prosecuted as
aggravated battery with intent to cause great bodily harm, which
is a felony. Officers need to be trained to understand the medical
aspects of such injuriessuch as the fact that marks on a victim's
neck may not appear for several hours after the assaultand to ask
the right questions, such as whether she became dizzy, saw stars,
or lost consciousness, in order to correctly define the crime.
Medical personnel, too, must be aware of the peculiar nature of
strangulation injuries. A victim who does not seem to be
seriously injured yet speaks in a raspy voice, has red eyes or
broken blood vessels in her cheeks, or has trouble catching her
breath may have suffered extremely severe injuries which will
manifest over the next day or so as internal swelling occurs in the
neck. Some physicians are routinely ordering cat scans for all
choking victims, and/or admitting them to intensive care units for
48 hours of close observations. In some areas,
Page 74
physicians are presenting seminars to teach police officers how to
recognize symptoms of strangulation in a victim that is too hurt
or terrified to give an account of what happened.
The emergency room is the first place many abused women find
themselves after an outburst of violence. Sensitive treatment and
communication is especially critical at this stage. Bob Henry,
M.D., an emergency medicine specialist who has worked in
Albuquerque, New Mexico, for twenty years, believes that one-
on-one intervention is essential.
In his practice, a specific procedure is followed when a domestic
violence victim enters the emergency room. First, a nurse screens
the patient and reports the nature of the injuries to the doctor.
Next, Dr. Henry calms the patient with a bit of casual
conversation and asks what happened. The patient usually states
that she and her husband or boyfriend had an argument or that he
beat her up. ''These patients show an incredible mix of emotions,''
he says. "They're usually crying, and experiencing
embarrassment, anger, fear, and frustration. Their emotional
suffering is often worse than the physical pain. I tend to see
relatively minor injuries in my practice, primarily bruises and
cuts. But they feel so demeaned in many ways, similar to rape
victims."
After examining the patient and treating her injuries, Dr. Henry
makes notes and documents injuries. He is careful to note the
cause of injury on the medical report as assault by husband or
boyfriend when the patient so states. While medical reports are
not given to the patients, they are made available to the police,
the district attorney, or the patient's private attorney. Dr. Henry
has never personally been questioned by a district attorney or
called to testify in court on a domestic violence case, though he
has testified in a number of rape cases.
The woman is asked whether she has called the police, and while
the majority still report that they have not, Dr. Henry has found
that the number of victims who do seek to press charges has
increased to nearly 50 percent over the past five years. If the
woman hasn't yet reported the crime but wishes to do so, the
hospital calls the local Domestic Abuse Intervention Unit (DART)
of the Albuquerque Police Department, and a specially trained
police officer comes to the hospital.
Page 75
Dr. Henry also asks whether the abuser is at the hospital (which
he rarely is, in the doctor's experience) and whether this has
happened before. Most report that it has. "I believe we see just
the tip of the iceberg," he says. "Women rarely come in the first
time they are assaulted, unless their injuries are very severe."
Dr. Henry also asks his patients if they are going to return to the
home upon being released from the hospital. If they have another
place to gosuch as patients who show up with a friend or
relativethey will be discharged. If not, the situation becomes
trickier. "We have two options in that case. The local women's
shelter has been a marvelous ally. We call to see if they can take
the patient, and I don't recall a single instance in which someone
has been turned away. We get a cab or the police to take her
there. But it's more tricky if children are involved. If there are
children still in the home with a dangerous man, we call child
protective services, who investigate with the police. A social
worker and an officer usually go get the children. Or we can call
adult protective services, especially if the victim is an older
person. But we can only offer this help when the woman wants
it."
One of the greatest frustrations faced by health care professionals
lies in deciding how to help the patient who admits being
battered, yet declines offers of help. "In this case, we call
psychiatric nurses who come in and meet with the patient, and act
as a liaison with the doctors," he explains. "Sometimes we're so
busy and overwhelmed, it's hard to get our empathy across and
spend the time with the woman that she needs. The nurse can sit
down and talk to her, and try to come up with a treatment plan
that will at least get her some counseling and support." The final
backup is provided by a hospital social worker, who can help
develop a discharge plan that may include site visits to the home.
If a woman has been sexually assaulted, the rape crisis center
may also be called.
New Mexico physicians have another alternative to which they
can turn as a last resort when a patient is distraught and believed
to be in great danger. "Under the mental health code, all I have to
do is document that a patient is emotionally impaired, and we can
hold her at the hospital until some form of intervention arrives,
with hospital security standing by. It's a valuable tool in extreme
cases."
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Dr. Henry has been the chair of the emergency medicine
department in his hospital for fourteen years. He is disturbed by
statistics that suggest physicians very often misdiagnose or fail to
recognize domestic abuse in a high percentage of cases. "At least
in emergency medicine, the physicians and nurses take a very
active approach to screening for domestic violence, and we do a
lot of intervention. I think most health care professionals have
the capability and capacity to determine abuse has occurred and
to intervene in the vast majority of cases. In emergency medicine,
we've always been very aware of the indications of abuse. It's
very difficult to miss the signs if you're aware of what to look
for. The victim is usually crying, withdrawn, and frightened. Her
injuries tend to have a characteristic pattern, including multiple
contusions all over her body that indicate an assault rather than a
fall or other type of injury. There are subtle cues you learn to
pick up, too. I think it's relatively rare to see someone who has
just been beaten up and not know. Occasionally, there will be an
aberrant situation in which it's hard to tell what's going on. But
these cases are rare."
Dr. Henry believes that direct, one-on-one intervention and
follow-up are essential. "We tried handing out brochures for
awhile, but found them out in the parking lot. We need to involve
all of these resource people, and give them time to work with the
patient. Once I know or have a high suspicion that a woman has
been battered, I alert them and let them delve into how to best
help the patient. We have to be sure her safety is a priority before
she is released."
Hospital personnel often follow up to check on a woman's safety
after she is released and to remind her of her options.
"Sometimes we arrange for a nursing visit two or three times
after the woman leaves to make sure she is in a safe environment.
First and foremost, she needs to be told that this is not her fault.
Along with the embarrassment, anger, and frustration, so many
of these women feel guilt. Sometimes on a busy night, where
someone is having a heart attack in the next cubicle and someone
else is bleeding across the hall, I simply can't take the time to sit
down and talk with a victim at length. But I always make a point
of telling her that the abuse is not her fault."
Beyond these preliminary steps, Dr. Henry has to rely on his own
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instincts to determine how to best help each woman. "I see a lot
of the same women in here over and over. You have to try and
decide what will work with each individual. Sometimes a very
gentle approach is required; but others need someone with a take-
charge attitude to give them the tough facts so they'll accept help.
Sometimes I tell a patient that if she returns to her abuser, I will
see her in here again, or see her dead. It's a balance you have to
have throughout emergency medicine. Emergency room doctors
are great manipulatorswe have to manipulate patients and other
doctors and get coercive sometimes to get our job done. I'm
fortunate to have great partners, and a wonderful community
support system."
Though Dr. Henry has not extensively studied the social and
psychological research on domestic violence, his own
experiences tend to parallel most of the commonly accepted
findings. He believes 99 percent of his domestic abuse patients
are women, and has seen only two to three male abuse victims in
his twenty years of emergency practice.
Likewise, Dr. Henry often sees the cycle of violence in his
practice. "I ask women how their partners are treating them now,
and most report that they are remorseful, loving, and sorrywhich
naturally makes many of them go back, which starts the whole
process over again. I see some women over and over, though not
as many now that more support services are available. There are
certainly no cultural, ethnic, or economic boundaries. Domestic
violence tends to be universal." Like obstetrical nurse Mary Blick,
he believes that women in white-collar families and in small
communities or rural areas tend to be less likely to report abuse
than lower-income women living in cities. "There is more
anonymity in a big city hospital," he says. Also, he notices a good
many of his patients have a very distorted view of the reality of
their lives. ''Many are psychologically incapable of leaving unless
they get intervention and support."
Dr. Henry says the greatest change he has witnessed in his years
of emergency practice is the increase in community awareness
and resources for his domestic abuse patients. "All we had for
many years was the shelter. Now, there are many services, and
they are coordinated very well. I can see why the integrated
efforts are so important." Dr. Henry is
Page 78
involved in one such effort, conducting a training class to teach
police officers how to recognize signs of potentially life-
threatening strangulation injuries in domestic violence victims.
Yet he sees room for improvement. "We aren't all aware of what
the others in the system provide, or well versed about other
aspects of the overall problem. For example, I never deal with
batterers in my practice, so I really know nothing about them
beyond the basic behavior patterns that affect my patients, such
as the likelihood it will happen again and the way they coerce the
women into returning."
He also feels that services should be more accessible to victims.
"It's too cumbersometoo hard for the victims to get into the
medical system," he says. "They have to be hurt so badly that
they really must have immediate treatment, or they have to have
reached that turning point where they are ready for attention and
help in changing their situation." He believes that many of the
women who come to the emergency room with fairly minor
injuries do not necessarily require medical attention. Instead, they
are seeking intervention, a way to get into the network of services
available.
There should be an easier way, he believes, for women to access
both medical treatment and other services. "I believe that the vast,
vast majority of abused women do not seek medical care," he
says. "We estimate that at least 90 percent of all maladies are self-
treated, mostly because of the expense and difficulty many
people find in getting to a hospital or clinic."
Dr. Henry has also served as medical director of the Albuquerque
Ambulance Service since 1976, and believes that there is much
room for expansion of services to domestic violence victims on
the scene. "Currently, paramedics can give victims only two
choicesgo to the hospital or sign a letter of refusal. But with
today's computerized communication systems, better mobility,
and state-of-the-art equipment, paramedics and nurse
practitioners can work under the supervision of physicians and
begin to offer more services. New ways of using localized clinics
and mobile services can make health careand connected
servicesmore available, affordable, and accessible to victims."
Physician education is also placing more emphasis on domestic
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violence. Dr. Henry, who studied before emergency medicine was
a recognized specialty, says he received no training on domestic
violence in medical school. He is now involved in the teaching
program at the University of New Mexico (UNM) medical school.
"Those of us who helped usher in the specialty had to learn
through conferences and study on our own," he says. "There was
no board specialty until 1980, and no residency program at the
UNM medical school until 1985. But all that has changed. The
UNM program, now one of the most sought-after in the country,
places a great deal of emphasis on domestic violence, and it is
covered extensively on the written and oral parts of the board
exams. The American College of Emergency Physicians is very
active in studying what actually goes on in the trenches, and has
produced a position paper on treatment of domestic violence
victims, with more study and work in the area going on all the
time."
Dr. Henry, like many professionals who work with victims of
abuse, expresses frustration in trying to help victims, while at the
same time understanding the nature of their psychological
circumstances and carefully avoiding placing any blame on the
victim. "I know it happens to people from all cultures, walks of
life, and economic levels," he says. "But it seems there would
have to be something that makes a woman more susceptible,
more liable to be victimized. I believe that low self-esteem does
play a large part, and I realize that many of these women are
incapable of leaving, and that to do so could be dangerous. But I
can't help wanting to yell, 'Get out!'"
Social Services
Through the grassroots efforts of the battered women's
movement, a wide variety of services are now available for
everyone damaged by domestic violencethe victims, the abusers,
and the children. All states now have domestic violence
coalitions (see appendix) that provide assistance, information,
and referrals. Yet where a battered woman lives can make a
world of difference in how she is treated by police, courts, and
other institutions, as well as what services are available and how
accessible they are. Fortunately, help for those in abusive
relationships is becoming more abundant and more effective.
Coordination of efforts between the various helping
agenciespolice, shelters, courts, and othershas greatly improved
overall, so more of the available services are streamlined and
communicating with one another. Even small, rural communities
are beginning to establish shelters and safe house networks,
counseling programs, and other services. Many of the older
programs with proven track records have begun producing low-
cost training materials and conducting seminars to teach people in
other communities how to use the same techniques in their own
areas.
Battered Women's Shelters
There are over eighteen hundred shelters for battered women in
America today, and countless other safe houses (private homes)
or temporary facilities in churches, community centers, and
YWCAs across the nation. The shortage of shelters for battered
women and their children is still desperate. In 1996, there were
only about eighteen hundred shelters nationwide. For every two
women accepted, five were turned away. And for every two
children sheltered, eight were refused. The locations of shelters
are usually kept secret to protect the residents from angry
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husbands. Telephone numbers are listed in local directories under
"Shelter," "Social Services," ''Women's Services," "Crisis
Intervention," or similar headings. Numbers are also posted in
areas such as women's bookstores, libraries, Laundromats, bus
stops, and other public places.
Shelters are best known for what their name impliesemergency,
short-term housing for women in a crisis. Shelters usually allow
residents to stay for thirty days. The average length of stay is
about two weeks.
First and foremost, shelters save lives. Yet most shelters, and the
organizations that run them, provide far more than crisis
intervention. For example, the Women's Community Association
in Albuquerque, New Mexico, provides a shelter for battered
women and their children free of charge; a twenty-four-hour
crisis hotline; emergency transportation; food, clothing and
medical attention; individual and group counseling; employment
and housing referrals; legal advocacy; counseling for children;
battered women support groups; and parenting programs. For a
low fee, it also offers a twenty-four-week program for abusers,
which includes a crisis hotline; group, individual, children's, and
partner counseling; and parenting programs. All services of the
Women's Community Association are also offered in Spanish.
While the Albuquerque shelter offers more services than many,
especially those in smaller communities, nearly all shelters
provide some kind of individual and group counseling, as well as
referrals to other agencies. These services are generally available
to women who are not staying in the shelter, as well as those who
are. Other shelters may offer housing assistance, legal assistance,
and on-site help with public aid and other social service
applications. Most shelters today are part of a larger system of
services that work together to help a woman face the complex
array of legal, social, and personal needs she encounters when
fleeing an abusive marriage. Sometimes court or victim advocates
visit shelters to let women know their rights, and to help them
pursue prosecution of the abuser and/or obtain a protective order.
Research by law enforcement agencies has shown that when
more shelters are available for battered women, fewer male
partners are killed by women defending themselves.
Some abuse survivors and the professionals who work with them
believe the support of other women who have survived abuse is
the
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single most important key to recovering from the damage caused
by violence. Women who meet in shelters very often develop a
sense of sisterhood with others who have suffered in similar
ways. Women who share housework, child care, and a common
plight often find a strong bond that leads to ongoing support and
friendship lasting well beyond the duration of the shelter stay.
Many lifelong friendships have been forged beneath the roofs of
emergency housing facilities.
Today, most larger cities have shelters or safe houses, and many
programs centered in cities serve outlying areas as well. In
Albuquerque, for example, the Women's Community Association
serves a tri-county area. Through two outreach sites, the program
has expanded its services to accommodate a vast, sparsely
populated rural area, including transportation of victims to the
shelter at any time of the day or night. "Sometimes we have to
drive 150 miles to go get someone at three o'clock in the
morning, but if that's what it takes, we'll do it," says Catherine
Chaney, director of the programs. Women's shelters are also
beginning to address the common problem of substance abuse
among battered women, rather than enforce blanket rules that
those who use alcohol or drugs will be evicted. Women may react
differently to traditional treatment methods, most developed for
men, and need a different kind of treatment. Their practical
problems must also be considered. For example, a woman who
can't get child care and misses a meeting as a result might be told
she is in denial, when she is not. Female alcoholics suffer more
stigma than males, and abused women often face a double
stigmathey are asked why are they using, and why don't they
leave. The right question would be how can we help her stop and
leave. A victim who conquers her substance problem is more
likely to stay out of an abusive situation.
The University of New Mexico has begun research to determine
what works for women with both domestic violence and
substance abuse problems. Working with the Women's
Community Association, the study seeks to identify the resiliency
that keeps the survivors out, and what aid from the community,
peers, and treatment programs best helps them stay both sober
and free. As part of the study, one shelter plans to implement a
program that will offer resident special substance-abuse
counseling.
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Support is also essential for women who have left a shelter for
alternative housing, those trying to make this transition, and those
who have never been in a shelter. Many shelters and social
service agencies provide such support as counseling and group
therapy, information and assistance on such issues as housing,
and referrals to all who need it.
Diverse needs should also be recognized in addressing the
question of how to help battered women. As the NCADV's
Battered/Formerly Battered Women's Task Force emphasizes,
there are many ways abuse survivors work to empower and heal
themselves, and while traditional mental health approaches do
work best for some, the importance of alternative methods such
as art, spirituality, political involvement, study, and physical
achievements should not be discounted.
The services provided by shelters is invaluable. Women who stay
in a shelter or safe house are more likely to leave their abusers.
Even the most basic shelters serve not only as a refuge, but as a
community where women find support, encouragement, and an
end to isolation and helplessness. Shelters often serve as a point
of entry into the system of services for women who are leaving
abusive marriages, whether or not they stay at the shelter. Police
in many cities provide transportation to shelters for women
fleeing the scene of a domestic assault.
Most shelters receive some funding from the state, local, or
federal government. Some states use part of the fees charged for
marriage licenses to fund shelters. Others contribute from fines
charged as part of abuser sentences, or charge fees to abusers in
related counseling programs. All, however, must rely on private
sources as well.
Shelters are chronically underfunded, understaffed, and
incapable of serving all of the women and children who need
them. In some cities, as many as six out of seven must be turned
away. Most shelters must rely, at least in part, on volunteer help
and donations. Many former shelter residents go on to volunteer
or work in a paid capacity for the shelter, and find such work a
rewarding part of building a new life.
In many areas, better assistance to victims is needed after the
initial escape, for example, after her time limit at the shelter runs
out. This is when many women return to their abuser because
they feel they have no place else to go. Ironically, many victims
feel safer if they return to a dangerous home than if they must
continually be on the lookout for a stalker.
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Counseling
Most professionals agree that mental health counseling can be
beneficial to any family member who has lived through the
trauma of domestic violence. Many believe that for perpetrators
and children, it is almost essential. For victims, the role of
psychological counseling is more controversial.
Mental Health Treatment for Abused Women
In the past, it was not uncommon for even psychiatrists and
psychologists to take part in the "blame the victim" mind-set.
Women were commonly diagnosed as masochists, in keeping
with the notion that any women who didn't leave must enjoy
being abused. Psychiatrists and other medical professionals have
also been known to diagnose "hysteria" and prescribe
tranquilizers. Sometimes women were told they had a personality
disorder. Fortunately, as mental health researchers and society in
general have learned more about the real nature of domestic
violence and the dynamics of the abusive relationships, such
practices are becoming uncommon.
Yet many people are troubled by the suggestion that seems
inherent in recommending mental health treatment to an abused
woman. Telling a woman she needs counseling seems to imply
there is something wrong with her, something she needs to fix in
herself. This is of special concern to some of the professionals
involved with court programs that order both batterers and
victims to complete a program of therapy. The benevolent intent
of these programs is seldom questioned, and most victims find
the counseling helpful. But the mandatory nature is somewhat
troubling.
Others, however, believe everyone who has been through trauma
or difficult change of any kind can benefit. I tend to agree.
Counseling does not have to focus on changing something that is
"wrong." On the contrary, it can help a person see that she is
perfectly fine, that she deserves a good life and has the inner
strength to find it. It can help her access her own healing abilities,
and reassure her that her feelings are normal.
One of the most common and highly recommended forms of
therapy for abused women is group therapy that involves others
who have shared similar experiences. This type of counseling is
often available in shelters, as well as through public and private
organizations. Some of the groups
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are formally structured and led by professionals, while others use
trained volunteers or simply represent a gathering of women who
want to share feelings, ideas, and encouraging words. "Some of
my best therapy has been helping other women," says Jane
Fraher, who found the "aftershocks" of the abusive relationship
she endured for three-and-a-half years almost as difficult as the
actual relationship. "When I go to my support group and the new
women say how they admire my strength and courage, I know
I'm helping someone else get to where I am now." Guides are
available for those wishing to start self-help groups (see
Appendix and Resources and Suggested Readings section).
For most women, the healing process begins as soon as they get
free. A great many battered women exhibit amazing resilience,
and literally blossom when they are able to focus all the energy
formerly used in simple survival on efforts to start a new life.
This does not mean guidance of some form is not beneficial, but
for many it is not really necessary.
For others, especially for those who have suffered years of abuse
or have themselves been abusive to their children, some form of
help in restructuring a shattered life may be essential. Women
suffering from post-traumatic stress disorder, which can have
long-term, devastating effects that seriously impact their ability to
work and form new relationships, often testify that they simply
couldn't have rebuilt their lives without therapy. Depression is
also a frequent problem for women who have been abused, and
plus traditional therapy and drug treatment (which must be
prescribed by a physician or psychiatrist) have been beneficial to
these women. Even those who do not experience severe distress
often report residual problems that can interfere with their
enjoyment of life and new relationships.
Also, many battered women have a history of abuse both during
the relationship and prior to it, as children, for instance. This can
establish a pattern of other behaviors and characteristics in a
woman, such as low self-esteem and mental "tapes" that play
over and over, telling her she is weak, is not good enough, has to
please others first and herself second. Counseling can help
replace these learned thought patterns with more positive
messages. Therapy can be helpful in this and other components
of building a new life.
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Women who need counseling can find help from shelters (many
have long-term support services), community mental health
providers, churches, medical providers such as hospitals and
HMOs, and private counselors. Some psychologists specialize in
working with abuse victims. Private counselors sometimes
conduct support and therapy groups as well, often charging on a
sliding fee scale based on the participants' income. Some groups
address recovery issues in general, while others use a specialized
approach to treat specific problems. For example, as a vocational
rehabilitation counselor, Dr. Patricia Murphy conducts career and
life planning support groups for abuse survivors in Santa Fe,
New Mexico. Her groups help women learn or regain the skills
they need to be confident and successful in their careers, and to
establish plans for their futures.
When choosing a counselor, it is important to find someone with
whom you feel comfortable speaking openly and intimately.
Some women prefer female counselors, and there are many
excellent therapists of both sexes. The most important criteria is
finding someone who makes you feel better, more hopeful, more
certain you are healing. Don't feel disheartened if you have to
visit several people before you feel this rapport. Ask for
recommendations from others with similar experiences. There are
two red flags that should make you not only run, but report the
counselor to your local mental health association: Anyone who
tells you you deserve abuse or should accept it; or anyone who
approaches you sexually. This type of behavior is always
inappropriate in a counseling context.
Batterer's Programs
Over the past twenty years, many community mental health
agencies have developed treatment and education programs for
abusive men, often with the help of other such groups that have
been through a trial and error period and learned what types of
help are most likely to be effective. Many of these programs
started in conjunction with new approaches to domestic violence
in the criminal justice system. Today, men who plead or are
found guilty of battering are often required to choose between
treatment or jail.
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The approaches of these programs, and their success rates, vary.
Generally, the longer programs, which require abusers to attend
therapy sessions for at least six months, have better results over
the long term than those that require only a few sessions. Some
combine group and individual counseling, some break the
program down into separate components such as education,
dynamics of the violent relationship, and anger management.
Many require screening for substance abuse, and separate
treatment for alcoholism or drug abuse if necessary.
There do seem to be three points that virtually all experts agree
are necessary for successful treatment of abusers. First, the man
must admit to his responsibility for the abuse. He must realize
that it was wrong, accept that he cannot control other adults with
equal rights, and want to change his behavior. Second, there must
be some demonstrated consequences for the abuse. Many
programs require all abusers to spend at least one night in jail,
some longer, depending on the circumstances of the case. Even
one night behind bars can make a strong impression. Third, there
must be accountability that continues beyond the mandatory
treatment periodthrough continued group support, court
monitoring of a longer term of probation, or a court order strictly
prohibiting harassment or violence and providing strict penalties
for violation.
Any abuser's program will be most effective if it starts promptly
after arrest and lasts several months or longer. The Duluth,
Minnesota program, recognized as one of the best, lasts twenty-
six weeks. Sixty percent of the men who go through the program
have not been charged with assault again, according to a follow-
up study. Men who enter programs under court order, with
sanctions for unexcused absences and automatic jail time for
quitting continued abuse, seem to achieve better results. Also, the
earlier this intervention happens, the greater the chance of
success: a man who gets into counseling after the first or second
assault is more likely to reform than one who has been battering
and getting away with it for twenty years.
An ongoing study on batterer intervention that works, conducted
by the National Centers for Disease Control in Atlanta, has
confirmed the long-held view that the earlier intervention occurs,
the easier it will be to change a batterer's behavior. The study has
also found that substance
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abuse treatment must be combined with violence treatment where
it is required, and that programs that allow the batterer to choose
any counselor are not effectiveit takes 6 months to 2 years of
work with a trained counselor. Some programs are beginning to
use peer sponsorship, similar to that used by Alcoholics
Anonymous, which hasn't been studied extensively, but appears
to be helpful for some.
Programs for abusive men have several advantages over
incarceration alone. Sentencing of abusers has the greatest effect
if it includes both sanctions and treatment. A man who feels
guilty and remorseful after the battering will often be responsive
to counseling if he can start while still in this part of the cycle. He
can keep his job, and if the woman wants to maintain the
relationship, the couple can have a better chance of a safe and
successful attempt to salvage it.
Couples Counseling
There is a great deal of controversy surrounding the question of
whether a family torn by violence can ever really be mended.
Psychologists, social workers, sociologists, and survivors all
have differing opinions. Some simply say get outdo whatever it
takes to get free, and give up the relationship. Dr. Lenore Walker
has concluded after years of research and therapy, including
couples therapy, that battering relationships rarely change for the
better. Even when both people truly want to change, she believes
that the inherently unequal balance of power is resistant. Violence
tends to become ingrained in the relationship, although it may
abate in frequency or severity. She feels that the best hope for
ending the violence is to end the relationship.
Many women believe that if they are willing to work hard
enough, things can change. But there is no way a woman can
change an abusive man's behavior by changing her own.
"Batterers are violent for their own personal reasons, not because
of anything their women do or do not do," Dr. Walker explains.
Others have found that while physical violence may be stopped,
the psychological abuse generally continues after a brief respite.
Couples counseling, in which both abuser and victim attend
therapy
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sessions together, is illegal in some states because of the
suggestion that the woman is partially to blame and needs to fix
something in herself; the philosophy that she has some power to
change the relationship; and the risk of additional violence,
harassment, or intimidation inherent in bringing the couple
together. Many feel that at least a limited period of absolute
separation is crucial if the abuse is to stop. Also, a court order
requiring the abuser to have no contact with the victim is
included in most cases in which a batterer is found or pleads
guilty.
When an unequal power balance remains, couples counseling
cannot work. Most professionals agree that a couple should never
attempt counseling or mediation together until the abuser has
completed a program on his own, refrained from abusing his
partner for a significant period of time, taken responsibility for
his past wrongdoing, and committed himself to building a
relationship based on equality and respect.
Yet some family therapists, like Virginia Goldner and Gillian
Walker, believe battering can be successfully stopped in some
families through couples counseling that tries to rebuild the
relationshipwhile not letting the batterer get away with anything.
In reality, many women keep returning to abusive relationships,
with the ongoing hope that they can keep the good part and end
the battering. Goldner and Walker do not feel their program is for
everyone, and have strict requirements for couples who wish to
enroll. First, the violence must absolutely stop. Safety is a
priority, and some couples are required to live apart for a period.
Second, the abuser must take complete responsibility for his
actions. Finally, there must be a strong and loving side to the
relationship.
Goldner and Walker believe that allowing a woman who wants to
save the relationship to do so in a professionally controlled
setting helps remove the shame she feels when she goes back,
restore her dignity, and avoid secret alliances between the couple.
Women are freed to begin asserting more power and pushing for
new terms in the relationship. Men are required to spend time
alone, to learn they can survive without relying on their wives to
cure their loneliness and fill all their needs. They are also taught
to recognize the steps that end in violence and how to take charge
to stop the progression. Women are required to develop outside
interests and build a life of their own as well. Goldner and
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Walker believe that rather than a ''honeymoon phase," the ties that
bind people in abusive relationships are based on acceptance.
They found that many women in such alliances were neglected as
girls, and the men were often abused as boys. This can lead to a
sense of two lost souls finding each other, the one person who
can be trusted, at least until the stresses of real life intrude on this
secure world and shatter the illusion.
Couples counseling remains controversial, but many
professionals believe that with a lot of work, a strong desire to
salvage the relationship on the part of both parties, and a strict
requirement that the violence stops and the abuser admits his
accountability, some families can rebuild a peaceful home. Jackie
Moise, probation and parole officer, says that judges need to
order family counseling for all members if the family is going to
stay together. All must understand what roles they are playing,
and how the cycle of violence is perpetuated. Also, all must be
committed to change and participation. The story of one couple
who successfully rebuilt their lives through long-term dedication
and commitment is told later in this chapter.
The Church
Different churches follow drastically different doctrines
regarding domestic violence. Some fundamentalist sects believe
that divorce is a sin, and will always counsel a couple to stay
together, regardless of the situation.
But most churches today recognize that a violent marriage is far
from a holy institution. In 1992, the U.S. Roman Catholic
Bishops produced their first official statement on spousal abuse.
They issued a document proclaiming that the Bible does not
require a woman to submit to an abusive husband or stay in an
abusive relationship. The bishops condemned sexism and stated
their concern that certain biblical passages have been taken out of
context to justify wife beating. The bishops urged the parishes to
educate their members about domestic violence and offer refuge
to battered victims, as well as help to abusers.
Other churches have long been leaders in the effort to end
domestic violence. Some of the first shelters were established on
church property, and many still offer emergency services as well
as counseling and assistance of various kinds. The clergy can
offer personal support,
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counseling, help in coordinating community efforts, and teach
that violence is morally wrong. Many churches help distribute
materials about violence and local services. The church has
traditionally been one of the most important influences in
shaping the values of young people and teaching respect for
others. The Center for the Prevention of Sexual and Domestic
Violence, a national organization listed in the appendix, provides
materials and training for clergy and religious institutions with
the goal of preventing domestic violence and child abuse.
Some victims feel awkward discussing intimate family matters
with clergy members who have known them since childhood, or
have established a relationship with the whole family, including
the abusive husband. Some clergy, too, find this difficult as they
may perceive competing interests. Women who face this problem
but desire counseling or support from the church may find it
helpful to ask their own or another minister, rabbi, or priest for a
referral to someone outside the immediate community who can
provide spiritual counseling within the same denomination, but
without the personal history.
Like other services, clerical counseling varies greatly. Some
religious practitioners provide extremely helpful support,
spiritual guidance, and assistance, while others may be of little or
no help or actually detrimental. Much depends on the individuals
involved and the program offered by each church. As with other
counseling, it is generally best to try anything that seems helpful,
but be willing to change if it does not seem to be workingand run
as fast as you can from anyone who tells you to accept abusive
treatment, no matter what reason is given.
Schools
Educational institutions at all levels can help put an end to
domestic violence by teaching that abuse is wrong, that it is
detrimental to all of society, and that there are better ways to
resolve personal disagreements than with fists. Many schools
have begun teaching peaceful methods of dispute resolution.
School nurses and guidance counselors can provide information
and advice to children from violent homes. High schools,
especially, have become aware of the growing problem of
violence
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between adolescent couples, and some of the programs that were
started with prevention in mind have expanded to focus on
intervention as well, as rates of dating violence and rape soar.
Many of the efforts in the field of education have been made by
battered women's groups at the grassroots level. In Boston, an
improvisational theater group puts on skits for area high schools
as a joint project of a local women's shelter and a men's therapy
group. A four-week course on the prevention of family violence
was developed in Louisville, Kentucky, and adopted by other
public school systems in Illinois, Arkansas, and Ohio. Several of
the national and state coalitions have developed brochures
especially for teens who live in violent homes or are involved in
violent dating relationships. In Pittsburgh, Pennsylvania, a course
called Violence-Free Healthy Choices for Kids is run by the
Women's Center and Shelter of Greater Pittsburgh and is a
required course in conflict resolution for fourth and fifth graders
in five schools. The group also offers a three-day dating violence
prevention program for adolescents that distinguishes abusive
behavior from healthy relationships.
Many believe that the education and prevention of domestic
violence should start much earlier than high school. It has been
suggested that a public awareness campaign to reduce domestic
violence should be structured in a way similar to the recent
programs to reduce drunk driving, or the D.A.R.E. programs to
prevent drug abuse. All children should be educated both in
preventing violence in various contexts and in how to avoid
becoming victimized.
Schools can also provide counseling for children traumatized by
violence in the home. School guidance counselors at all levels
can help children deal with the trauma of living in a violent
home. One man who grew up in an abusive home says he always
thought of school counselors as purely academic advisors, but
when his home life became unbearable in junior high and he felt
he had no one else to turn to, a school counselor helped him
tremendously.
Volunteer programs are also provided by many high schools and
colleges, which give credit to students who serve internships
assisting at shelters or other social service organizations.
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Chapter Five
Children, Adolescents, and Domestic Violence
Battered women are not the only ones who suffer devastating and
permanent injury as a result of abuse. Children who grow up in
violent homes are tragically affected in many different waysfrom
the womb through adulthood. Dr. Richard Gelles, one of the
leaders in the study of domestic violence, has been quoted as
stating that the worst thing that can happen to children is to grow
up in an abusive family.
Chapter Six
Domestic Violence and the Law
Ironically, some of our most cherished ideals of personal liberty
and individual freedom have helped create a climate in which
abuse of family members has flourished. Since the Declaration of
Independence, Americans have fiercely opposed government
interference in private life. Limited political power and strong
individual rights have been espoused as ideals since the dawn of
our nation. Yet the words of the Declaration of Independence
declaring "all men are created equal" are not without significance.
Throughout the nineteenth and well into the twentieth century, all
the rights belonged exclusively to mennot to women and children
who were considered the chattel of males.
As recently as the 1970s, most judges followed the predominant
social trend, and ultimately based their decisions on the idea that
"family matters" were outside the jurisdiction of the court. They
felt (as some still do) that the power of the law ended at the
threshold of the home.
However, great changes have occurred over the past twenty
years. During the 1980s, nearly all states enacted domestic
violence reform statutes which, among other things, set
procedures for obtaining a civil
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protection, or restraining, order. This was, in many cases, the first
tool offered to victims besides filing a criminal complaint or
getting a divorce.
Today, there are three basic areas of the law in which victims of
domestic violence can find help. These include criminal law, civil
law, and family law. Most of the laws involved are state laws,
although in some instances federal law or local (city and county)
law may come into play, especially in large cities. However, most
of the concepts discussed in this chapter with regard to state law
apply to the other laws as well.
Criminal Law and the Criminal Justice System
Often, the first place a woman turns to stop immediate abuse is
the police department. The police enforce criminal laws, and also
provide referrals to available services such as shelters, medical
treatment, and counseling programs.
Criminal law refers to laws against crimes such as assault, battery,
and murder. These laws give police the authority to arrest a
person reasonably believed to have broken the law. Then the
state, through its prosecutors (district or state's attorneys),
prosecutes the crime in the court system.
The goals of criminal law are deterrence (discourage the offender
and others from committing the crime); rehabilitation
(counseling, therapy, and education programs that teach
offenders why and how to change their behavior); victim
protection (in the case of domestic violence, helping the victim
terminate the relationship and keep the abuser away, plus
financial and psychological support); and punishment. Most
sentences try to achieve all or most of these goals.
The law continues to evolve, with many new innovations and
ideas being discussed and implemented. Some advocates urge
strict application of the "three strikes, you're out" felony
conviction laws that provide life imprisonment for anyone
convicted of three felonies. Others promote a graduated penalty
system, similar to that used against DUI (Driving Under the
Influence of alcohol or drugs) offenders, in which each
subsequent conviction brings a stiffer penalty. Efforts are also
underway to invoke the same public outrage against domestic
violence
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as has grown against DUI, another crime that kills and injures far
too many innocent victims.
The Criminal Justice System
The "criminal justice system" refers to the different people and
systems that work together to enforce the criminal laws. It usually
includes police, prosecutors, and judges. It may also include the
corrections system, which is made up of jails, prisons, probation
departments, and parole boards.
The crime victim is never charged a fee in a criminal case, but
under the traditional system, she must cooperate with the police
by signing a report and with the prosecutor by pressing charges,
appearing in court as a witness, and providing evidence of the
crime. If the person accused of the crime pleads guilty or is
convicted, he or she will be sentenced to various penalties, which
may include paying a fine, spending time in jail or prison, serving
a period of probation (supervised release with restrictions on
behavior), and/or paying restitutionthat is, paying the victim
money to cover the damage caused by the criminal actions. In
domestic violence cases, convicted abusers are also often
required to obey orders to stay away from their victims, complete
a program of counseling or treatment, or perform community
service.
Both the criminal laws and the way in which they are enforced
have been the target of serious reform efforts by advocates
against domestic violence at all levels, from local groups and
individuals who speak out to state legislatures and the United
States Congress. Much remains to be done, but tremendous
progress has been made, especially since the message is getting
across that one of the best ways to put an immediate stop to a
domestic assault, and to make a lasting impression on the abuser,
is for the police to arrest him and take him to jail.
Domestic Violence Laws
All states now have special laws setting criminal penalties for
domestic abuse. Some local jurisdictions (cities and counties)
have these laws on the books as well, often to incorporate special
services that are available locally, such as batterer treatment
programs.
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These laws are patterned after the traditional assault and battery
laws, which make threatening or striking a person a crime. Most
have both felony (serious crimes that can result in a prison
sentence) and misdemeanor (minor crimes that bring a fine or jail
sentence) classifications. They also provide for different degrees
of the crime, depending on circumstances such as whether a
weapon is used, the age of pregnancy of the victim, and the
severity of the injuries inflicted.
Many of these laws contain special provisions to insure that the
abuser can be immediately jailed for the victim's protection then
swiftly brought before the court for arraignment. In this
procedure, the person charged with a crime is brought to court,
enters his or her plea, and is advised about alternatives. A
separate hearing is usually scheduled for setting bail or denying
release, but some domestic violence laws combine these
proceedings. Often, a protection order (also called a "restraining
order," "protective order," or ''stay away order") prohibiting
contact with the victim will be issued and an offender will be sent
into a treatment program, with the provision that he obey the
order and attend the program or return to jail.
One of the most important changes that has come about as states
have modified or enacted laws specifically addressing domestic
violence is the exception to the usual requirement that a police
officer must witness a misdemeanor in action to make an arrest.
In most states, an officer on a domestic call need only see some
evidence that a crime has been committed, and a woman's
injuries will suffice.
Many states now have mandatory arrest laws, which require a
police officer to arrest the abuser if he or she has good reason to
believe there has been a criminal domestic assault. Until recently,
the usual procedure in most domestic violence cases was to try
and mediate the dispute, or convince the man to calm down.
However, arrest is the preferred response today. Some police
departments require officers to complete an incident report even
if no arrest is made, so the department can monitor the officers'
response, share information with others in the system, and keep
records and information about domestic abuse.
In June, 1994, the Family Violence Prevention Project of the
National Council of Juvenile and Family Court Judges unveiled
the Model Code on
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Domestic and Family Violence, the culmination of a three-year
endeavor funded by the Conrad N. Hilton Foundation. "Model
laws" such as this one may be adopted in whole or in part, or
declined, by each state. The council is also developing computer
data bases and publications for state, community and individual
use.
Laws Prohibiting Insurance Discrimination
According to an informal survey conducted in 1994 by the U.S.
House Judiciary Committee, up to half of the nation's largest
insurance companies have routinely used domestic violence as a
factor in deciding whether to approve applicants for insurance
coverage and how much to charge for premiums. Some insurers
refusing coverage to victims or denying their claims have
characterized abuse as a "pre-existing condition." Other
companies have denied health, life, and disability insurance to
victims of domestic violence on the absurd ground that abuse is a
"lifestyle choice"like smoking or skydiving. In the words of
Congressman Bernard Sanders, who introduced federal
legislation to prohibit such discrimination, "Domestic violence is
not a choice, but a crime.''
Fortunately, both the law and the insurance industry have
responded to put a stop to such unfair practices. Many states have
passed or introduced legislation prohibiting insurance companies
from discriminating against abuse victims. As of 1996, thirteen
states had already passed such laws, and bills were pending in
about a dozen others. Most of these laws prohibit insurers from
using domestic violence as a basis for refusing to insure an
individual or from charging a higher premium because that
person has been or might become a domestic violence victim.
Legislation is also pending at the federal level. Congressman
Sanders' Victims of Abuse Insurance Protection Act, which has
been endorsed by many national advocacy groups, would
prohibit discrimination against abuse victims in all lines of
insurance, including health, life, property, disability, and casualty.
The National Association of Insurance Commissioners has also
responded by adopting a model act prohibiting unfair
discrimination against abuse victims in health benefits plans. It
prohibits denial or
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termination of health insurance on the basis of abuse status;
exclusion of coverage for losses incurred by an insured as a
result of abuse; termination from group coverage of a victim who
was insured in the name of her abuser, whom she has divorced
or left, or who terminated her coverage; and disclosure by an
insurer of any information about the insured's abuse status.
Rape and Sexual Assault
All states have laws against rape and other forms of sexual
assault. Penalties for this type of abuse vary depending on the
degree of the crime. Until recently, men who raped their wives
could not be criminally prosecuted. This distinction was based on
the ancient belief that marriage itself implied consent to any form
of sexual activity at any time during the marriage. A few states
still follow this ludicrous assumption.
In most states, however, these laws have been reformed as horror
stories of terrifying, degrading, and truly sick sexual assaults by
abusers on their wives have come to light. Now, men who rape
their wives can be criminally prosecuted, although all but a few
states consider marital rape a less serious crime than stranger
rape. In some places, a man cannot be convicted of raping his
wife unless they are living apart.
Stalking Laws
According to several credible estimates, at least half of the
women who end abusive relationships are later followed,
harassed, or threatened by their abusers.
"Stalking" may include following, spying upon, or harassing
another person with unwanted attention, often involving
telephone calls, visits, and letters. Until 1990, no state recognized
stalking as a separate crimethe behavior had to cross the line to fit
within one of the other recognized crimes such as trespassing,
assault, or theft. Today, most states have enacted laws that give
the police the power to arrest, and judges the power to punish the
act of stalking itself.
Stalking is a frequent problem for women who have left a violent
relationship. Dr. Lenore Walker has stated that she considers
stalking a
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part of battering behavior. Others estimate that as many as 90
percent of the women who are eventually murdered by former
husbands or boyfriends are first stalked.
Stalking laws are difficult for legislators to draft, and sometimes
for police to enforce, because of the fine line between making the
law broad enough to be effective against stalking behavior,
without violating important individual rights of free speech,
movement, privacy, and association. For example, people
generally have the right to go where they please and speak to
whomever the wish. But if a person persists in following,
watching, and calling another who has asked to be left alone,
such behavior goes beyond constitutionally protected activity and
becomes a crime. The difficulty arises in trying to write a law that
draws the line at the right place. Some states have had to rewrite
their laws after court challenges, others are watching to see what
happens as the existing laws are modified. The laws and the
penalties they provide vary greatly. In California, for example,
stalking may be either a felony or a misdemeanor, depending on
whether a restraining order is being violated or how serious the
threat or activity is.
The Police. Women are frequently advised to call 911 when
attacked. This is good advice, and can save lives. But it shouldn't
be the only part of the rescue plan. Depending on the community,
the chances of prompt, effective, serious attention from the
police range from outstanding to just about none.
Most departments now recommend or require police to arrest an
abuser rather than try to mediate the dispute or make him leave
for awhile to ''cool down." Until recently, however, many police
officers, prosecutors, and judges believed that arresting an
assailant was not the most desirable alternative, and could
actually make matters worse. The primary concern was to try and
reduce the trauma to the family and the risk to the abuser's
reputation, and perhaps his job, by avoiding the stigma associated
with arrest. Furthermore, the victim was usually required to
decide whether or not to press charges. Many were either
intimidated or cajoled into not signing charges in the first place,
or dropping them later.
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These old methods remain in place in some areas, but important
changes have been happening in the last ten to fifteen years as
people are taking a closer look at the issue of family violence and
learning that the old ways don't work. In 1980, the National
Organization of Police Chiefs, a police executive research
organization, studied the problem of domestic violence and
issued a recommendation that police arrest batterers rather than
attempt mediation. A landmark study conducted in Minneapolis
in 1984 that compared three typical police responses to domestic
abuse found that arrest was the most effective in stopping
subsequent violence. This led to a recommendation by the U.S.
Attorney General that arrest should be the standard police
procedure when officers respond to domestic assault calls.
Today, even states that do not have mandatory arrest laws often
have departmental policies requiring arrest. A highly publicized
lawsuit found that a police department that ignored a woman's
pleas for help was in violation of her civil rights, and had to pay
her $2.6 million dollars in 1985, helped spur widespread
adoption of arrest policies.
Twenty-five states now require by law that police make an arrest
when called to the scene of a violent domestic dispute in which
there is "probable cause" to support criminal charges. That means
enough evidence at the scene to support the reasonable
conclusion that a crime has been committed. A woman's injuries
will usually satisfy this requirement.
Other states have laws that require police to remain at the scene
of a domestic violence call until the victim is safe, and to help her
get medical treatment, shelter services, and/or a protective order.
In some places, police call a shelter advocate who contacts or
visits the victim. Still other officers carry written information for
victims about their legal rights and social service options. Some
police departments forward domestic assault reports directly to
prosecutors who obtain a protection order for the victim and
proceed against the criminal without her involvement.
Technology has also assisted in the battle against domestic
violence. Batterers may be required to wear an electronic bracelet
as a condition of a restraining order. The victim carries a beeper,
which will go off if the abuser comes within one hundred yards.
Although this is not widely used yet, such options are becoming
increasingly available.
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Better technology also allows expansion of services to victims by
allowing certain procedures, which formerly had to wait until
business hours, to be completed at night or on a weekend,
sometimes still at the scene of the crime. For example, on-call
judges, prosecutors, and advocates can work with police via fax
to obtain immediate protection orders.
Cambridge, Massachusetts, and thirty other cities now have
"panic buttons" that are made available to women who are
especially at risk for domestic violence. Such people include
women who are being stalked by a former abusive partner after
leaving the relationship, those who have received threats from an
abuser, those with a protection order against an abusive partner,
and those whose former abuser is about to be released from jail.
The button is a small electronic device that can be carried around
the home and out into the yard. It gets a message to the police
more quickly than a telephone call, and the message is registered
as an immediate priority. Cambridge police respond to button
calls within two to three minutes.
Many states and communities have undertaken valiant efforts to
improve police response to domestic violence. Such efforts
include training programs to teach officers the dynamics of the
abusive relationship and how to best handle family violence calls,
and changes in the law so police will treat domestic violence calls
as seriously as they treat calls reporting violence between
strangers.
Problems sometimes arise in conjunction with mandatory arrest
laws. Women may be arrested too, if they are trying to defend
themselves against the batterer. In one case, a man who beat his
pregnant girlfriend was arrested for aggravated assault. She threw
a bottle at his truck, and was charged with assault with a deadly
missile and violently resisting arrest. His bail was set at $3,000;
hers was $10,000.
Mandatory arrest must also be followed by consistent
prosecution. In some areas, as few as five percent of the
offenders arrested are prosecuted. Furthermore, policy does not
guarantee practice, and arrest rates are still not consistent in some
areas, although law or policy mandates arrest. In a 1994
Associated Press news story, it was reported that a man convicted
of beating a stranger in Cook County, Illinois (Chicago and
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vicinity), is 50 percent more likely to go to jail than if he is found
guilty of beating his wife or girlfriend.
Most police officers in America have no special training in
handling domestic violence, yet as many as forty percent of all
calls requiring police response are domestic disturbances.
Training programs such as one developed by the San Francisco
Family Violence Prevention Fund are becoming widely available
to teach officers both the dynamics behind the violent
relationship and the practical aspects of how to handle
enforcement challenges in these difficult situations.
In some areas, special domestic violence units have been
established. Albuquerque, New Mexico, was one of the first U.S.
cities to create a special team of police devoted exclusively to
dealing with domestic violence calls. This unit, called the DART
(Domestic Abuse Response Team), is composed of officers
specially trained in the nature of the violent relationship, the
psychology of abusers, effective communication with victims,
and the steps necessary to get the abusers into court and make the
charges stick. Officers not only respond to family violence calls
and arrest abusers, but offer transportation for victims who need
to go to a hospital or shelter, assistance with protection orders,
and even on-the-spot counseling. In one case, a woman who
mentioned marriage counseling after an attack was told by an
officer that she didn't need marriage counselingbecause she was
not the problem. The officer explained that the abuser had the
problem with power and control, and needed domestic violence
and anger management counseling. Victims are often surprised
but appreciative when they receive such advice, especially if, as
with the case of this abused woman, they have not been treated
well by the police on past calls.
These specially trained officers often find themselves having to
educate not only victims and abusers but their fellow police
officers as well. Even those in the front lines of law enforcement
still ask the woman, "Why didn't you leave?" instead of asking
the criminal, "Why are you beating her?"
DART officers also carry tape recorders on all calls. Because so
many victims recant charges (one officer estimated the figure
may be as high as 95 percent), Albuquerque has instituted a
mandatory prosecution policy.
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Once an abuser is arrested, charges will be filed regardless of
whether or not the victim changes her mind. The district attorney
can rely on the tape recording and the officer's written statement
as evidence. According to former District Attorney Bob
Schwartz, who instituted the policy, this mandatory prosecution
also acts as a preventive measure, designed to stop the violence
early before it escalates, as is often the case when abusers receive
the message they are above the law and will not be punished.
An ongoing partnership between police and social services is,
police officers stress, absolutely crucial. Police emphasize that
they must have the tools to make the situation safe for the victim
and children not just immediately, but on a long-term basis as
well. This requires a coordinated commitment involving the
criminal justice system, civil domestic violence commissioners,
and others involved in education, services, and enforcement of
the laws against family violence. Police stress that intervention
needs to be strong and immediate the first time a perpetrator is
caughtbecause that is seldom his first offense. As one member of
Albuquerque's DART team remarked, "It's frustrating when you
put your life on the line to save someone, then you go to work
the next day and find out they're dead." Officers stress that all
offenderswhether male, female, or juvenile, must be held
accountable with real consequences.
This type of joint effort between police and prosecutors is
essential if mandatory arrest laws are to have a meaningful effect.
Dedicated police officers who follow arrest policies are
understandably frustrated when perpetrators are set free and
cases are never completed.
Two things seem to be necessary to assure law enforcement
follows arrest rules: first, disciplinary action against officers who
violate the rules and, second, training of police in the dynamics
of the violent relationship so they understand why mediation
doesn't work and why arrest is so important. Communities that
have a coordinated program in which police, courts, and social
services work and train together generally have the highest levels
of arrest and overall success in lowering rates of domestic
violence.
Criminal justice is changing as society finally begins to see
domestic violence as a serious crime. States are also getting
tougher with abusers who violate protective orders. Colorado
recently passed a law that not
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only requires police to take an abuser into custody at the scene of
the violence, but also mandates arrest for the first violation of a
protection order. Subsequent violations bring mandatory jail
time.
In a national crime survey conducted between 1978 and 1982,
nearly half of all the incidents of domestic violence discovered
had not been reported to the police. Many women do not call the
police due to fear, distrust of the system, or shame, or because
they do not know that domestic violence is a crime.
Understandably, many fear that if they do call the police, their
abusers will become more vicious. Yet the same study showed
that 41 percent of the married victims who did not call the police
were assaulted by their abusers again within a six-month period,
while among those who did call only 15 percent were battered
again within six months.
If you are given the option of whether or not to press charges so
the abuser can be arrested, realize that by doing so you will be
doing the best possible thing for both you and him. Some studies
have shown that police arrest of batterers can cut repeat offenses
in half.
If you live in an area where the police are known to respond
more slowly to domestic calls, some experts suggest there is no
need to state that it is your partner who is beating you when you
call for help. Simply state that you are being attacked or beaten
up.
Be sure the officers see your injuries and note them in the report,
even if you don't think they are severe or you are not going to
seek medical attention. Point out damage to property, and give
them broken dishes or torn clothing as evidence if they don't ask.
Be sure to tell the officers if the abuser has a history of violence,
or if there is a protection order in effect. If there are witnesses
such as neighbors, tell the officers their names and addresses.
It's best from both a medical and legal standpoint to get your
injuries checked even if you don't think they are serious. You
may be injured internally and, even if your injuries are minor, the
fact that you sought medical aid for domestic abuse can be
powerful evidence in later legal proceedings.
Effective police training must involve not only departmental
procedures, but the rationale behind them. Officers need to
understand the dynamics of the abusive home and the pressures
on battered women,
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which may effect their willingness to be cooperative in matters
such as leaving the home and pressing charges.
Prosecutors. Prosecutors are the attorneys who work for the state
to put criminals behind bars. They may be called district
attorneys ("DAs"), state's attorneys, city attorneys, or simply
prosecutors, depending on the location. According to traditional
procedures, a prosecutor could not proceed with a case against a
batterer unless the victim signed a complaint against him, or
pressed charges, as it was called. This was often a problem,
because the victim was frequently intimidated or charmed into
dropping charges. However, since domestic violence is a crime
against society as well as the victim, many jurisdictions have
adopted new policies that allow prosecution of the abuser
without requiring the victim to press charges. These "no-drop"
policies allow the prosecutor to make a strong statement to the
offender and the public that domestic violence is a crime and will
be treated accordingly.
In some places, prosecutors employ advocates to help victims
understand and use the judicial system, to provide emotional
support, and to be certain important information is exchanged
between the victim and the prosecutor. Advocates help victims
navigate their way through the civil and criminal court systems,
coordinate with social service programs according to what each
victim needs, and be sure the others in the process, like
prosecutors and judges, are aware of special circumstances, such
as threats and danger to victims who plan to testify.
The prosecutor usually has choices about what penalties to seek
against an offender, depending on the circumstances of the
individual case. Some states allow the option of sending the
abuser to a treatment program, either along with some jail time or
instead of incarceration. Treatment may also be a condition of
probation. In most of these programs, the charges against the
offender will be dropped if he successfully completes the
program and obeys the court's other orders (such as staying away
from the victim). If he does not finish the program, commits
another crime, or violates a court order, the prosecutor can refile
the charges. The programs are generally not offered to repeat
offenders or those with very violent histories.
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Given the increasing efforts to strengthen laws against domestic
violence throughout the 1990s, most prosecutors feel that the
laws on the books are now adequate, for the most part. What is
needed is better application and use of these existing laws. Many
areas are developing standard operating procedures for police
responding to a domestic violence call, often including special
tools such as Polaroid's photo kit and a checklist prepared by the
prosecutor's office, so police won't overlook any important
evidence and will be sure to include all appropriate charges.
Also, some areas have developed special protocols for situations
in which the perpetrator is a police officer. Police trainers
emphasize that there should be no "professional courtesy" and
that these abusers should be treated like others. The decision on
what charges to file can also be crucial.
Most prosecutors believe that officers should bring felony
charges where appropriate, for several reasons. In many areas,
resources are limited and felonies are more likely than
misdemeanors to be quickly and carefully prosecuted,
investigated, and documented. The "three strikes, you're out"
felony laws, which provide for life imprisonment after the third
felony conviction, may be a powerful deterrent for batterers who
are made aware that such laws will be strictly enforced in their
jurisdiction.
What appears at first blush to be a misdemeanor battery may
support felony charges upon closer examination. Everyday
objects may become weapons every bit as deadly as a gun or
knife in the hands of an enraged batterer. The use of an object
such as a lamp, chair, or cord against a victim may constitute
assault with a deadly weapon, which can raise available charges
to the felony level. Also, threats or orders to a child to keep quiet
about what happenedwhich batterers frequently make in front of
police officersamount to intimidation of a witness, and this, too,
is usually a felony. Interfering with a 911 call, or any other
interference with one trying to contact law enforcement about the
commission or possible commission of a felony is also a felony
in most states.
Judges. Judges who are committed to giving domestic violence
priority as a serious crime can have a tremendous effect on both
criminal justice and public attitudes. When men started
murdering womenone every
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nine daysin Massachusetts in 1992, Governor William Weld
proposed a change in the bail system. In this state, judges are
allowed to consider both the traditional primary question in
setting bail, namely whether or not the offender is likely to show
up for trial, as well as whether or not the defendant poses a threat
to any individual or the community.
Judges can make a difference in the community in several distinct
ways. First, a judge who consistently holds offenders accountable
by stiff, yet fair penalties, with opportunities for treatment where
appropriate, sends a powerful message to other offenders and the
community in general that domestic violence is serious and will
not be tolerated. Second, a judge who follows through on
enforcement of orders gives the victims a sense of power and
security, and emphasizes the underlying message that violence
will not be tolerated. Third, judges are community leaders whose
opinions tend to be respected and followed. A judge can do
much to influence community attitudes, both by setting an
example on the bench and by actively becoming involved in
domestic violence councils, education programs, and task force
groups. Many training programs for judges who hear domestic
violence cases are available, and some states now require them.
When the criminal justice system works as a true system, it saves
lives, makes the jobs of all those participating easier and more
rewarding, and increases public respect for the police, because
the real consequences of their efforts are visible.
In some states, writing a bad check for twenty-five dollars is a
felony, while beating a spouse nearly to death is a misdemeanor.
The injuries typically suffered by a battered woman are as serious
as those inflicted in 90 percent of violent felony crimes, yet,
under state law, domestic assault is classified as a misdemeanor
in the vast majority of cases. These laws must change. Batterers
must be treated as the dangerous, violent criminals that they are,
and made to answer for their crimes in the same way as other
criminals. This means calling a felony a felony, with all the
appropriate consequencesincluding life imprisonment for the
third conviction in jurisdictions with the ''three strikes" rule. The
wisdom of such severe sanctions is supported by studies that
show most batterers who are not stopped go on to abuse woman
after woman.
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Civil Law
Civil law involves disputes between private parties. Various types
of civil proceedings may be used in domestic violence cases.
Protection Orders
A civil protection order is a legally binding court order that
prohibits a person who has committed an act of domestic
violence from further contacting, abusing, or harassing the
victim. The procedures for obtaining these orders are set up
under state law. They may be issued by a state or local court,
depending on the jurisdiction. They are also called restraining
orders, protective orders, or stay-away orders, depending on the
court that issues them. In the interest of clarity, this chapter refers
to all of them as protection orders.
In addition to providing that the perpetrator must stay away from
the victim, a protection order may (depending on the law of each
state) divide a couple's property, require the abuser to leave the
home, pay his victim's medical bills, make restitution for damage
to property, and pay spousal and child support.
There are two types of protection orders. Ex parte orders and
usually considered emergency orders that can be quickly issued
to a woman on her own, without bringing her abuser into court.
The victim generally files papers stating the facts of the case and
providing other information, then a hearing is scheduled quickly.
She appears in court, and if the judge is satisfied that there is a
good reason to proceed with the order, he or she issues the order
with specific rules that must not be violated. If the order is not
obeyed, the abuser usually can be arrested immediately and taken
to jail, as well as face additional penalties. These orders always
expire after a fairly short period of time, usually thirty or sixty
days. During that period, a hearing is scheduled at which both
parties are ordered to appear. The court hears both sides, then
decides whether or not to drop the order, extend it for another
temporary period, or issue a full or permanent orderthe second
type. This order remains in effect much longer (up to three years
in some areas) and can be renewed if the threat of violence
continues. Such orders are sometimes called injunctions.
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When the perpetrator appears for a hearing on a civil protection
order, the proceedings are held generally on the record and under
oath, with parties advised of their Fifth Amendment rights.
Records of these proceedings is can be extremely helpful to
prosecutors, who often admit the abuse but try to make excuses
for it. When perpetrators make statements under oath in a civil
hearing, prosecutors may use these statements if the victim or
perpetrator recants in the criminal trial.
In most states, the judge may add various provisions besides the
order to stay away. He or she may make temporary provisions to
evict the batterer from the home, set child custody, and order
child or spousal support. The primary goal is to keep the couple
apart and prevent future harm, rather than punishing the
abuserthat will be up to the criminal court.
The National Council of Juvenile and Family Court Judges
recommends that civil restraining orders (protection orders)
should be available to everyone, and issued ex parte (without
requiring the other party, the abuser, to be in court) in cases
where violence has happened or has been threatened. The
Council believes orders should address:
1. The safety of the victims at home, school, work, and other
places they could be subjected to harassment or potential
violence
2. Child custody and visitation
3. Telephone threats or harassment
4. Removal of the perpetrator from the home
5. Financial support and maintenance for the victim and children
6. Weapons in the home or in the possession of the abuser
7. Physical description of the abuser
8. Expiration date
9. Instructions addressing how to modify the order
10. Service upon the abuser by a law enforcement officer, with
notice and the opportunity for a speedy hearing
The order should remove the abuser from the home and allow
the victim and children to remain with protection, safety plans,
and support. Judges should not issue ''mutual" protection orders.
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Protection orders may also be issued by a criminal court as a part
of the batterer's arraignment or sentencing. They are often
imposed as a condition of bail or pretrial release. A divorce
decree can also incorporate such an order. Prosecutors, other
attorneys, victim advocates, or court office staff can provide
information about the types of protection orders available in each
jurisdiction.
Protection orders are important for several reasons. Obtaining
such an order is often the first step a woman makes toward
protecting herself, entering the network of helping agencies, and
getting free of abuse. Also, police response is often quicker and
immediate arrest more likely if the abuser is violating a court
order. The law generally provides separate penalties for violating
a protective order, in addition to the penalties a person faces for
assault or stalking.
In many places, anyone found violating a protection order is sent
immediately to jail. In most places he or she can be charged with
civil contempt of court, and some courts allow criminal contempt
charges. Others have mandatory periods of time in jail, which
often increase with each new violation. Some courts order
counseling and restitution for damage to the victim, as in a case
where the abuser destroys a victim's property.
However, protection orders are not bulletproof. While many
abusers take them seriously, many others ignore them or become
more enraged. Any woman who has taken out such an order
should be especially conscious of her safety. Tips on safety are
listed in chapter 8.
Many women find the court system difficult and the procedure
for getting a protection order intimidating. In response, many
court systems have developed simplified forms, bilingual
assistance, trained court employees who can help, and social or
legal advocates. More progressive communities, generally in
larger cities, have offices with trained personnel who do nothing
but work with women seeking protection orders. Often, all that is
required to set the process in motion is filling out a simple form.
For example, in Albuquerque, two domestic violence special
commissioners now work with victims seeking civil protection
orders. The commissioners act as an arm of the district judges,
under the auspices of
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the state Family Violence Protection Act, primarily in family
court. In other areas, court advocates or other court staff assist
victims in completing forms and provide other forms of help.
The roles of such individuals vary. For example, the
Albuquerque commissioners are attorneys and are empowered to
conduct hearings and make recommendations to judges. Others
merely assist victims, the majority of whom represent themselves
without a lawyer, in completing the steps required to apply for an
order. According to a study published in 1997 in criminal justice
literature, efforts to make civil protection orders more user
friendly have worked, with more and more victims completing
the process.
In others, however, loopholes and unnecessary complexity
remain. Some court personnel are unable or unwilling to help
women with forms and procedures. Some areas pose logistical
problems such as great distances between outlying towns and the
county seat, short court hours and no emergency services, and
time-consuming processes that make it difficult for women who
must take time off work or find baby-sitters. In other areas,
systems remain complicated and require the help of an attorney.
They simply aren't as "user-friendly" as they need to be if they
are to fill the needs they are designed to serve. Not surprisingly,
communities with coordinated systems in which all participants
help and communicate have fewer problems making protective
orders useful, effective tools available to all who need them.
Under the Constitution's Full Faith and Credit clause, all states
must give full faith and credit to protection orders issued by
courts of other states. Also, the federal Violence Against Women
Act mandates that an out-of-state order of protection be
"enforced as if it were the order of the enforcing State," yet
problems remain. Some states still lack effective procedures to
implement this federal guarantee. For example, some require that
the order be filed with the court in the new state, and notice
provided to the battererwhich may thwart the victim's efforts to
escape and start overand may immediately jeopardize her safety.
Efforts are underway to remove the remaining glitches, but those
who may need to enforce an out-of-state order would be well
advised to contact a local agency soon after relocating to ensure
problems won't arise later. Federal law requires that all who may
have a say in enforcing a
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protective orderpolice, lawyers, judges, and court clerksshould
treat an order that appears to be valid and current as though it
had been issued by a court in that state.
Many states are developing statewide registries for protection
orders, and work is underway to develop a system to bring all
orders of protection into the National Crime Information Center,
run by the FBI, so officers may verify an order's validity
immediately from anywhere in the country. In the meantime,
advocates urge that there should be a presumption of validity
whenever an order is presented, because it probably is, and the
risk of harm and police liability is far greater if a valid order is
not enforced than if an invalid one is.
Another problem in some places is the tendency of judges to
issue mutual orders declaring that both parties stay away from
each other. Mutual protection orders are undesirable for several
reasons. First, they trivialize the nature of domestic violence by
suggesting both parties are to blame. Second, they are confusing
to police, who often do nothing or arrest both partieswhich can
result in children being placed in foster care. Judges often believe
that dual charges "wipe each other out." Such results discourage
the victim from counting on the justice system for help.
Gaps do remain in the law, and advocates must be resourceful.
For instance, in New Mexico, commissioners have no jurisdiction
to issue civil protection orders against juveniles. Yet a
commissioner in Albuquerque reports encountering a case
involving two fourteen year olds with a one-and-a-half-year-old
child! Until such shortcomings are changed through legislation,
commissioners must seek the assistance of children's court or try
to work informally with the parents. While they can't issue an
order, they can talk to those involved about options or try to
make the parents responsible. For example, a girl's parents may
have an order issued against her boyfriend.
Also, enforcement of protection orders by the justice system is
one of its primary weaknesses. Orders have more teeth when
they are personally served upon the abuser by a uniformed police
officer; when the abuser is required to report to authorities
periodically (as though on probation); and when they are in effect
in areas where response to reports of violation is immediate.
Most jurisdictions now have mandatory arrest rules, which
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require an officer to arrest the violator when he or she is satisfied
a violation of an order has been committed, whether or not the
officer witnesses the violation. Consistent and strict punishment
for violation of orders is important both to stop the abuser and to
send a message to others.
Protection orders can usually be obtained in a separate civil
proceeding, even if criminal charges are not filed. However, it is
more effective to pursue criminal charges at the same time the
victim seeks the protection order, if at all possible. A combined
package that blends the traditional legal remedies with social
services and other programs available in the community has the
best chance of succeeding in protecting the victim, controlling the
abuser, and changing both behavior and public opinion over the
long run. In most areas, someone can be found to help women
through the legal maze, whether it is a legal hotline, a court
advocate, a shelter worker, a counselor, a legal aid clinic, or
another battered woman who has been through the process.
Some have expressed concern over the lack of due process
protection for the rights of the accused abuser as the law evolves
to make it easier for victims of domestic violence to obtain
protection orders, criminal penalties against their abusers, and
other relief. Yet the traditional legal rules designed to make sure
the legal process is fair to the accused remain in place. The courts
recognize the special circumstances that make certain exceptions
to the general rules appropriate, as they do in other types of
cases. For example, in jurisdictions that allow "victimless
prosecution," where the victim is not required to press charges or
be directly involved in the process, other strong evidence is
required before the abuser can be convicted or lose civil rights.
The prosecution may use tape recordings of 911 calls, recordings
by officers on the scene, photographs and physical evidence,
medical records, and witness reports.
In many places, courts apply the "excited utterances" exception to
the hearsay rule to allow a police officer to tell the court what the
victim said at the scene. The hearsay rule says that testimony by
one person about what was said to him or her by another
person"hearsay"generally is not admissible in court. However, the
court recognizes exceptions under certain circumstances that
make it highly likely that the person is stating the truth. One such
exception is a person who is
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highly agitated because of a recent traumatic experience. Thus, if
an officer finds a woman who has just been assaulted and is
extremely upset, her statements are considered "excited
utterances." The excited utterances of a woman at the time of
abuse can thus be repeated in court by an officer who was
present at the scene. This is very powerful evidence.
Tort Law
Civil law also includes "tort" law. A tort is an act by one person
that hurts another, either intentionally or due to unreasonably
careless behavior. The law recognizes the right of the injured
person to collect money "damages" from the other to compensate
for his or her losses. Common torts include assault, battery,
negligence, and wrongful death. As chapter 2 explains, it used to
be the general rule that wives and husbands could not sue one
another for tort claims. Today, nearly all states allow spouses to
sue one another, at least for intentional acts such as battering.
Therefore, a woman injured by a husband or partner can recover
her medical costs, property damages, and compensation for
emotional injury as well. Punitive damages, which courts award
in cases that are especially outrageous, or in which the
wrongdoer's behavior was deliberate and extreme, may be
recovered in this type of lawsuit as well. In a Georgia case, a
woman was awarded $10,000 in compensatory damages (to
compensate her for medical costs, lost wages, and other
expenses), plus $20,000 in punitive damages against her husband,
who dragged her down a stairway by her feet because he thought
it was "comical."
Most tort suits that are filed in domestic violence cases involve
assault and battery. However, another tort, called "intentional
infliction of emotional distress" is now available in most
jurisdictions. This tort is defined as conduct that is "so
outrageous in character, and so extreme in degree, as to go
beyond all possible bounds of decency, and to be regarded as
atrocious, and utterly intolerable in a civilized community." Just
how outrageous the conduct must be to meet this standard varies
among the courts, but much of the behavior commonly directed
against battered wives, including severe psychological abuse
without any physical battering, satisfies this standard. Threats,
destruction of property, and stalking have also been held to
amount to intentional infliction of emotional distress.
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In cases where a woman is stalked or harassed by a man she has
left, she may also file a tort claim for invasion of privacy.
Invasion of privacy involves interfering with another person's
right to be left alone if he or she wishes to be. There are several
types of invasion of privacy. The one that applies the most often
to abuse cases is called "intrusion upon seclusion." This may
include spying on someone, reading her personal mail, or
telephoning her repeatedly after she has made it clear the calls are
not welcome.
Other legal claims may fit unique circumstances. For example, in
one case, a battered woman took her boyfriend's car to flee his
violence because hers was not running. She returned it a short
time later. He accused her of stealing the car and cash from the
apartment. She was arrested and charged with larceny and auto
theft. He eventually dropped the charges, but harassed her and
had her car towed and repaired without her permission. When
she didn't pay the repair bill he sent, he sold the car. The woman
hired a lawyer and sued him in a civil tort action for assault and
battery, false imprisonment, malicious prosecution, intentional
infliction of emotional distress, and unfair trade practices. The
legal process was long and difficult, but she was eventually
awarded over $75,000 in compensatory and punitive damages.
In most cases, a person has to hire a private attorney to handle a
civil tort or other civil case, although, depending on the case, a
person can handle his or her case "pro se" (by the person him- or
herself), or with help from a legal aid or court-supported
program.
Civil Rights Law
The existing laws protecting citizens against civil rights violations
by the government can be useful to battered women. However,
these laws only work in specific circumstances, and have many
limitations. They are often very complicated, and require the help
of experienced legal advisors. Yet in the right situation, these
laws can be powerful tools for justice and change.
42 U.S.C. Section 1983. "Section 1983" is a federal civil rights
law that gives citizens the right to sue any "person," including the
states and their subdivisions (counties and municipalities), who
violates their
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constitutional rights "under color of state law." This means that if
someone employed by the government treats you in a way that is
prohibited by the constitution, you may be able to sue that person
and possibly the government agency that employs him or her as
well.
One of the rights protected by the Constitution and enforced
under Section 1983 is the right to "equal protection of the law" as
guaranteed by the Fifth and Fourteenth Amendments to the
United States Constitution. Equal protection requires equal
application of the laws to all citizens, regardless of race, gender,
or other neutral characteristics. Battered women have sued law
enforcement officers and agencies that failed to treat them in the
same manner as other crime victims, for violation of the right to
equal protection. These cases are very hard to prove, but some
amazing victories have been won.
The equal protection approach has been used by battered women
to require cities and their officers to apply laws equally to
violence between strangers and violence between intimate
partners. In one especially disturbing case, a woman who had
suffered years of brutal abuse from her husband, a police officer,
showed statistics at trial demonstrating that during a certain
period of time, there was an arrest rate of 31 percent in cases of
stranger assault by a known perpetrator, but only a 16 percent
arrest rate in cases of domestic assault. The court found that these
statistics, as well as the woman's own personal history of
receiving no assistance from the police department ("deliberate
indifference"), were sufficient to show the type of custom or
policy required for this kind of lawsuit and discrimination against
domestic violence victims.
Some cases have also been brought to court for violation of the
right to due process, guaranteed by the same constitutional
amendments. Due process requires that officers who are aware of
an individual's particular dangerous circumstances take
reasonable steps to protect that person (substantive due process)
or that a state that has established avenues of help, such as
protection orders, follow their own rules and procedures and
supply the protections they and the law say they will (procedural
due process). For example, in a 1990 case, a woman who was
shot by her husband after police had repeatedly failed to enforce
a protection order, brought a substantive due process suit against
the police department in her Pennsylvania town. The court
emphasized that a special relationship
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had been created because the police had authority to regulate a
dangerous situation, had knowledge of the situation, and had the
ability to do something about it. In fact, under the state's
protection order law, the order stated that it ''shall" be enforced
by the police, and though the woman had called them several
times when her husband harassed and assaulted her between the
time the order was issued and the shooting, the police department
never arrested or restrained him.
Section 1983 suits are very complicated, and have several
drawbacks. Only certain individuals can be sued; there are special
restrictions on suing municipalities and police departments (there
must be a policy, custom, or pattern of behavior, not just an
isolated incident); and they involve complex matters of sovereign
immunity. A 1983 suit almost always requires the assistance of an
attorney well versed in civil rights law.
Yet Section 1983 can be a powerful remedy when all of the
pieces fall into place. Battered women have brought several class
action suits for injunctions against police departments that had
non-arrest policies, would not enforce protective orders, or did
not follow the state domestic violence statutes. Usually, these
cases settled in exchange for reforms in police procedures. In
some cases, women have collected money damage awards by
proving a government agent or department deprived them of a
constitutionally protected right.
Successful civil rights lawsuits can have a powerful impact on
other areas of the legal system. In 1984, a woman named Tracy
Thurman won a verdict of $2.6 million against the police
department of Torrington, Connecticut, after they repeatedly
failed to protect her from her husband's escalating brutality. The
long history of abuse culminated in a severe beating in the front
yard of Thurman's apartment, in which her estranged husband
broke her neck as a police officer stood by, doing nothing. This
lawsuit, plus a television movie made about the case, led to much
greater adoption and enforcement of mandatory arrest policies.
Section 1983 seems destined to remain in a constant state of
change and uncertainty. The United States Supreme Court hears
many civil rights cases, and each new decision often brings a
substantial alteration to the law. For this reason, it is essential to
work with legal professionals actively involved in civil rights law
who are aware of its constant evolution.
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State Tort Claims
Traditionally, the state, like the husband, was considered
practically infallible. The law would not allow a citizen to sue the
state for wrongdoing, primarily because of the concept of
paternalistic benevolence, but also because it was considered
better for the state coffers to be used for the benefit of all citizens
rather than to right a wrong committed against just one.
Some vestiges of this principle of sovereign immunity remain,
but most states have enacted laws allowing citizens to sue the
state for certain torts. For example, in most states, you may sue if
your car is hit by a negligent driver employed by a state agency.
In the domestic violence arena, states have sometimes been sued
when government employees negligently fail to protect victims,
especially where there is a "special relationship" created by a
protection order, or other promise of protection. Like civil rights
suits, state tort actions are subject to many obstacles and barriers,
but are worth considering. The same tort claims that can be
brought against an individual may also be brought against the
state, where immunity is waived by the state's tort claims statute.
The Family Violence Prevention and Services Act
In 1984, Congress passed this act into federal law. It does not
give individuals any specific rights or remedies, but rather works
to aid victims of domestic violence by providing federal funds to
help states and local communities develop and support shelters,
coordinate research efforts, conduct training, and continue
related activities. A companion act, The Victims of Crime Act,
sets aside federal money to compensate crime victims and to fund
state agencies that provide assistance to victims of family
violence and other crimes. In addition to allocating more money
to help stop domestic violence, these acts represent the first
official statement by the federal government that domestic abuse
is a serious and intolerable crime.
The Violence Against Women Act of 1993. Until very recently,
women had special civil rights remedies for gender crimes
committed against them at work, but few to protect them at
home.
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A great victory in the struggle against domestic violence (and
other crimes against women) recently occurred with the passage
of the Crime Act of 1994. The bill includes the Violence Against
Women Act, which was first introduced into Congress in 1990
and has been debated ever since. The act also established a new
civil rights claim for women who are victims of crimes motivated
by gender. The act says that such crimes violate a woman's civil
rights, and she can sue the perpetrator who violates this law for
compensatory, punitive, and other damages. This part of the act
is modeled on the Civil Rights Act of 1964. One part of the act
aims to deter, punish, and rehabilitate batterers in order to
prevent future abuse by increasing grant funding for shelters and
related programs. It also makes spouse abuse during interstate
travel a federal crime, and makes it illegal for abusers to cross
state lines to commit domestic violence or to violate a protection
order, which must also be honored by other states when a
woman travels or moves. It makes protection orders enforceable
across state lines, and allows federal criminal penalties for
interstate stalking. Criminal violations under the act require full
restitution to the victim, in addition to other criminal penalties.
Repeat offenders may be punished by a term of imprisonment up
to twice the term authorized. This act also allocates money for
programs to encourage the arrest of batterers; to train police
officers; to help establish coordinated programs between police,
prosecutors, and judges; to educate those working in the justice
system about domestic violence; and various other projects to
combat violence against women. Grant money and other
assistance is available to states, local governments, Indian tribal
governments, and in some cases, private nonprofit organizations
that serve victims.
The act represents an interesting combination of traditional
government remedies, including grant money for programs,
changes in laws, and government recognition of citizens' own
efforts to find solutions to problemswith the commitment to
support what people have shown to be effective. It makes
available funding for state and local educational efforts, rape
prevention programs, counseling for victims, local and national
hotlines, training programs for judges and police, and special
units of police and prosecutors to deal with family violence. It
mandates confidentiality between victims and counselors. It
affords grants for
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shelters, youth education, rural programs, and other community
programs. It requires states to show a strong commitment to
arresting and prosecuting offenders in order to receive funds; and
allocates grant money to help police, prosecutors, and nonprofit
organizations establish the kind of coordinated community
programs that have been working in communities like Duluth,
Minnesota. Special protections are provided for immigrant
women and children. Some believe that the most important thing
about the act is not what it does, but what it saysone of the first
statements by the federal government that violence in the home is
a serious crime which is unacceptable.
President Clinton has committed his support to the struggle to
end domestic violence, which he has called ''the enemy from
within." In 1996, Clinton established the first Violence Against
Women office in the Justice Department to coordinate the various
federal efforts in support of the Violence Against Women Act. He
also assisted in achieving expansion of the Brady Bill to make it
illegal for those convicted of domestic violence crimes to
purchase a handgunboth to reduce the incidence of partner
deaths, and to protect police officers responding to domestic
violence calls.
Family Law
Although family law is a species of civil law, it is generally
considered a separate, special area covering the legal
relationships between family members. Family law includes
divorce, legal separation, child support and custody, and support
enforcement. Some special laws dealing with domestic violence
may fall into this category as well. As with other civil cases,
either a private attorney or the assistance of someone in a legal
aid, court assistance, or advocacy program is generally (though
not always) required.
Divorce
Divorce laws vary from state to state, especially with regard to
issues of property division, child custody, and support. Legal
separation laws generally parallel the state's divorce laws, and
accomplish the same goals without legally ending the marriage.
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A divorce decree provides a legal ending to a relationship, which
allows a woman to get on with a fresh start. Other advantages to
getting a final decree of divorce include settling matters of child
custody and visitation, support, and division of property and
debts.
Seeing a tangible, official end to an abusive marriage can be a
great psychological boost. A divorce decree may also include an
injunction that orders the former spouse to stay away. Although
other types of protection orders are easier to enforce and carry
more severe penalties for violation, the statement in the final
decree can provide a powerful sense of closure.
One of the main disadvantages to the divorce proceeding is its
tendency to drag on, and that it can be subject to manipulation by
an abuser. Many favor faster divorces in cases where abuse has
been involved, and some states are beginning to make special
changes in their laws to speed up the process.
Generally, a woman has to hire a private attorney to handle a
divorce action, although some courts, legal aid clinics, and law
schools provide free representation or assistance in handling a
simple procedure yourself. Naturally, the process is much easier
when children are not involved. If at all possible, a woman with
children should get an experienced family attorney to be sure her
rights and her children's interests are protected. Some domestic
violence programs have legal advocates available to refer women
to attorneys who work free of charge or base their fees on sliding
scales according to income. Some advocates assist with divorce
petitions as another part of the process of freeing women from
domestic violence. When choosing any attorney or other legal
advisor, make sure he or she is well versed in local family and
divorce law, and that he or she treats the issue of battering
seriously.
Mediation has become increasingly popular in divorce cases as a
means of encouraging couples to come to a mutually agreeable
division of property and other terms of the divorce. However,
most experts in domestic violence feel that mediation is not
appropriate in an abusive relationship, and can even contribute to
greater exploitation of the victim by the abuser.
In order to be effective, mediation must involve people of
relatively
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equal bargaining power. In the abusive relationship, this essential
assumption simply does not exist. The mediation process
involves getting the divorcing couple to sit down with a mediator,
usually (but not necessarily) a lawyer, psychologist, or other
professional, or a team of two professional mediators. The leader
may advise the couple about their legal options or make
suggestions, but does not push either party to agree to any
particular terms. Consequently, if one partner is bullied or
intimidated by the other, she may be coerced into agreeing to
terms she does not really want. The process cannot be fair if both
people do not have an equal say in what goes into the agreement.
While mediation can be a wonderful tool for reaching agreements
in other situations, it is best avoided when the relationship is
violent. Mediation has become increasingly popular as an
alternative to court in many types of cases because it relieves the
overburdened court system, is less expensive, is faster, and is
frequently less traumatic than a trial. Yet mediation throws the
batterer into a situation he may perceive as threatening to his
control over the victim, which may make him even more violent.
It always forces the victim into his presence. She is often
terrified, and unable to state her needs in front of someone who
has brutalized her. She will be forced to listen to "his side." While
a good mediator does not allow either party to become degrading
or abusive toward the other, there are reports of abusers being
allowed to "speak their minds" in the name of ''fairness" which
results, not surprisingly, in a tirade of verbal abuse and blame
that the victim should not have to endure.
However, the issue of whether mediation should ever be used in
formerly abusive relationships is controversial. Some experts
believe it can be empowering for a former abuse victim, if the
abuse has ended, both parties are in counseling, and the abuser is
willing to participate in a fair manner as well as avoid outside
contact with the victim, according to a current protection order.
In some areas, cases with a history of abuse are immediately
screened out of mediation. But not all court systems are so
enlightened. If you are forced to use mediation in a divorce, you
may wish to try and get a lawyer or advocate from a battered
women's program to intervene. You or your representative may
be able to get a waiver from the mandatory
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mediation due to a history of abuse. If mediation can't be waived,
a lawyer or advocate may be able to go with you, or at least talk
to the mediator about the violent history of the relationship and
educate him or her about the dynamics of the abusive
relationship. Remember, if you do go to mediation, nothing is
going to be final until you agree. If you don't agree, the case will
progress to court, where the judge will decide upon a fair decree.
Be sure you have a protection order in place before mediation
starts, and insist on a permanent protection order as part of the
settlement. Also insist the batterer agrees to a fair division of your
assets and debts, and that he reimburses you for the cost of any
injuries he caused.
Child Custody
One of the most controversial areas of family law in battering
situations is the issue of child custody and visitation rights.
Matters involving children are difficult in any divorce, and
become even stickier when abuse has been involved.
As is the case for the adult victims, the effect of domestic
violence on children frequently continues or gets worse after the
family parts. In some jurisdictions, a temporary protection order
sets out custody arrangements and provides for a penalty if they
are not followed. Yet this is the exception rather than the rule.
Often, a mother must wait until the hearing on the temporary
order, or a divorce or separation proceeding, until any formal
custody arrangements are made.
Frequently, abusers use children as pawns in the power play
against the mother. Batterers use child visitation to gain access to
the mother to terrorize her; they fight for custody to retaliate
against the woman or to try and force a reconciliation; they
abduct children; they refuse to pay child support. For one woman
I spoke with, this was the greatest frustration she faced in trying
to end the relationship. Although a protection order was in place
and a divorce pending, no formal, enforceable visitation schedule
had been established for the couple's young son. The father
frequently promised to return the boy at a certain time, then
would disappear with the child for several days. The mother did
not believe the boy was endangered, but understandably suffered
extreme
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anxiety when she didn't know the whereabouts of her child or
when he would be backprecisely, she believed, the father's intent.
Many people argue that not enough attention is given to abuse of
the mother in determining custody matters. Unbelievably, courts
in Illinois and New York have ruled that a man cannot be
considered an unfit parent "merely" because he has murdered the
mother of his children! Courts are supposed to give first priority
to the best interests of the child when deciding custody, yet
family violence is frequently given little or no weight unless it is
directly aimed at the child.
Activist and author Ann Jones, who has studied and written
extensively on domestic violence, believes that courts ruling
upon custody should truly consider the best interests of the child
by including a thorough examination of the effect of what goes
on between the parents upon the child. Courts should look at the
history of exposure to abuse, whether or not the child is trapped
between parents in conflict, use of the child as a weapon by one
parent to harass the other, and whether or not safe visitation
options exist.
Many states have laws that create a presumption in favor of joint
custody of children whenever parents divorce. "Joint custody"
does not mean a 50/50 division of the child's time between the
parents, but it does mean that both parents take an active part in
raising the child, sharing major decisions, and dividing the child's
time according to a visitation schedule set or approved by the
court. In cases where there is a legal presumption of joint
custody, this is the assumption the court starts with, then it is up
to the parent to convince the judge that such an arrangement
would not be in the best interest of the childthe standard that is
always supposed to be the bottom line.
When a peaceful marriage between two good parents ends, joint
custody usually is the best choice for the child. However, when
the home was violent, joint custody can create tremendous
problems for both the mother and her children. Many experts,
such as Dr. Lenore Walker, believe that any form of joint custody
should not be allowed in violent homes. She believes, and many
others agree, that sole custody should go to the woman.
Battered women also face cultural stereotypes in custody cases.
They
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may be viewed as weak, dysfunctional, and unfit to be good
parents. Women may find themselves in a Catch-22 situation. If
the child was shielded from the battering, the judge may decide
that the violence was not harmful to the child, so joint custody
may be awarded. If the child did witness the abuse, the old
blame-the-victim mentality kicks in, and the mother may be
questioned as to why she "let" the child be exposed to violence.
Yet changes are happening. Most states now have laws that
require the court to consider domestic violence in making
custody decisions. Some legislatures have created a presumption
against any award of custody (including joint custody) where
there is evidence of domestic violence.
The National Council of Juvenile and Family Court Judges has
recommended that each state legislature enact laws requiring the
courts to consider family violence in any case relating to the
family, especially child custody and visitation. For example, in
1992 Louisiana enacted a law creating a rebuttable presumption
against any award of sole or joint custody of a child to a parent
who had committed acts of physical, sexual, or other violence
against the other parent or any of the children. In order to have
visitation, the abusive parent must attend and complete a
treatment program and visitation with the child must be
supervised. The law also states that an injunction against family
violence must be included in all divorce, separation, custody, or
visitation orders where there has been family violence. The
abuser must pay all court costs and expert fees related to custody
or visitation in a family litigation case, plus medical and
psychological treatment costs for victims.
Special care should be taken when joint or shared custody
arrangements allow the children to visit the abuser's home.
Children may witness the batterer abusing a new partner. Or
some abusers use the children to try to control or harass the
former partner-by refusing to follow schedules for returning
them, by forcing them to miss counseling sessions, or by
badmouthing their mother, continuing the cycle of blaming the
victim. A majority of states now have laws requiring courts to
consider the negative impact on the child who witnesses spousal
abuse in making custody determinations.
Most judges today consider spousal abuse a serious matter that
needs
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to be taken into consideration in custody determinations. In New
Mexico, for example, exposing a child to violence by battering a
spouse in the child's presence can be considered child
endangerment, a crime that carries penalties of its own. In other
places, it can be grounds for a claim of abuse or neglect. Some
courts appoint a special person (usually a social worker or lawyer
called a guardian ad litem) to represent the children's interests
when a violent marriage ends. All jurisdictions are served by
child welfare agencies that can be called in to advise the court on
the child's best interests under circumstances where a child is
reported to be endangered. Often judges appoint psychologists to
evaluate children and parents in custody disputes and make
recommendations to the court.
Of course, such laws and services can be a double-edged sword.
The woman may be condemned for not leaving the relationship,
instead of blaming the man who perpetuates the violencethe same
old song and dance. But a good advocate, either a family law
attorney, a court-appointed legal advocate, or a shelter counselor,
can help a woman be sure her side of the story gets fair
consideration.
It is usually illegal for one parent to take a child across state lines
or otherwise defy custody or visitation orders in a way that
prevents the other parent from knowing where the child is or
having contact with the child. Mothers fleeing violence have been
accused of child abduction. However, in the majority of states,
spouse and/or child abuse is a defense to family kidnapping,
child abduction, or custodial interference offenses. Most states'
laws provide that when one parent believes the child is in danger
of harm (including witnessing violence), he or she is usually
justified in taking the child and fleeing. Even in states that do not
make a specific exception for abuse to their kidnapping laws,
many judges consider abuse as a general "good cause" defense to
such charges.
In 1990, the United States Congress approved a resolution which
calls for each state to create a presumption in its law that spouse
abusers should not get custody of their children, but only
supervised visitation. Many judges today are taking a stand
against abusers in custody matters, often awarding sole custody
to the mother, at least until the abuser completes a treatment
program and demonstrates that he can obey the law,
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refrain from further violence, and follow court orders. Sole
custody does not mean the father will have no visitation rights,
nor that the decision must be permanent. Unless parental rights
are terminated, a parent can always ask the court to modify a
custody order when circumstances have changed. Others order
supervised visitation, or require arrangements that do not include
any contact between the abuser and the mother. A few
communities with coordinated programs against domestic
violence are coming up with truly innovative solutions, such as a
community center where abusers can visit with their children in a
subtly supervised setting, without having to see the mother.
For example, in Duluth, Minnesota, the local YMCA provides an
area in which men with a history of abuse can visit their children
in a comfortable setting with recreational facilities, yet be
supervised and have no contact with the mother. In Albuquerque,
New Mexico, ''The Neutral Corner" provides a safe place where
parents can exchange children without seeing one another, so
both parents and children avoid emotional turmoil during the
transfer. In any situation, the safety of the child and his or her
mother must be a paramount concern in determining what is in
the best interest of the child.
Welfare Reform
While its goals are admirable, the time limits imposed by the 1996
welfare reform laws may remove a vital safety net that allows
women to leave abusive relationships. Abusers, seeking to
perpetuate their control and isolation of their partners, often
sabotage women's efforts to find work or complete job training
programs. Many families desperately in need of a second income
are kept on the welfare rolls by an abuser who prevents his wife
from getting or keeping a job or studying for training classes. A
comprehensive study conducted by the Washington State Institute
for Public Policy found that 60 percent of women on A.F.D.C.
reported that they had been abused by a partner, a statistic
paralleled a similar study in Massachusetts. The new laws also
include residency requirements that penalize battered women
who flee to another state seeking safety.
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Activists are urging states to adopt the Family Violence Option,
an amendment that urges states to identify victims of family
violence, refer them to counseling, and waive any requirements
that unfairly penalize them. Proponents of the Family Violence
Option emphasize that they do not urge that battered women on
welfare be permanently exempted from work; on the contrary,
jobs offer such women a vital tool for rebuilding self-esteem and
staying free from abuse. However, such women often need
additional time and specific services not provided by the new law
if they are to escape the cycle of abuse.
Experts urge that states must address the special problems faced
by victims of domestic violence if their welfare-to-work
programs are to succeed. According to Martha Baker, who runs a
Manhattan-based program to train women for blue-collar jobs
that serves a large number of abused women, if the issue of
violence is not confronted before a woman joins the work force,
she will be in danger of losing her job due to not showing up or
arriving injured, or because her abuser stalks her on the job.
As of early 1997, 24 of the 40 states that had submitted welfare
plans had included all or part of the amendment or taken steps of
their own to address domestic violence. Advocates applaud the
amendment as the first time that the connection between violence
and poverty has been recognized in federal law.
Evidence
Evidence is crucial in any court case, civil or criminal. In some
areas, the police, prosecutors, and attorneys involved are
dedicated and expert in gathering evidence. In others, the
indifference or incompetence is beyond belief.
Sherri Winston, who was severely beaten by her boyfriend in
Miami in 1991, reported that after she went to the police station to
file a report (the police refused to take her report over the
telephone), she was amazed to learn two days later that a criminal
charge would not be filed for lack of evidence. She asked if they
had asked the neighbors about her screams, if they asked the
assailant how he got scratches on his face and chest. They had
not. So she went to the state's attorney's office, where
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she was told the case would be assigned to an investigator. The
boyfriend made a statement in which he admitted the attack. Yet
the prosecutor declined to file charges, supposedly because there
were no witnesses, the man was "sorry," and he was concerned
he might lose his job. Winston's final statement, in an article she
wrote for the Fort Lauderdale Sun-Sentinel, sums up a common,
ironic sentiment well: "Nancy Kerrigan got her knee bruised by a
stranger and that was enough to warrant an FBI investigation.
Good thing she didn't know the guy."
Winston's story also illustrates the importance of evidence in the
criminal justice system. Unfortunately, victims often have to do a
good deal of the work on their own. Yet it can be well worth the
effort. The following list includes items that can be crucial in any
legal case connected with domestic violence: criminal
prosecution, civil suit, child custody hearing, divorce case, and
others. Most of this evidence is free and you are entitled to have
it by law:
1. Be certain to get a copy of any medical report prepared at the
emergency room, as well as any reports on treatment you get
later. Some physicians and hospitals do not give patients copies
of the report, but retain it in case it is requested by a lawyer or
law enforcement agency. Any medical records indicating
treatment for battering injuries can be important. Make sure they
list the cause of the injuries and the name of the treating
physician. Whether you seek medical treatment or not, have
someone take photographs of your injuries. Police, shelter
workers, or someone at the hospital may be able to do this. If
not, get a friend or family member to help.
2. If you receive counseling or psychological or psychiatric
treatment for problems associated with abuse, be sure to get some
record indicating the purpose of this treatment. Some mental
health professional may be reluctant to give you your records, at
least while your treatment is continuing, and there can be valid
reasons for this. But you should have billing records or some
type of paperwork showing when you were treated, and most
counselors and doctors should be willing to provide a statement
of the reason for the treatment.
3. Be sure to get a copy of the police report. Read it to be certain
it is
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complete and correct. If there are other things the police should
knowsuch as prior calls you have made for domestic violence to
the same or another department, or if your abuser has a record of
prior abuse or other crimestell them. Get the names and badge
numbers of the officers who are present and ask for a copy of
each report that is made. Find out who is in charge, and be sure
you have his or her name, telephone number, and badge number.
4. Talk to anyone who may have seen or heard the violence. If
you locate any witnesses, ask them to call the officer in charge of
the case and make a statement. If they seem reluctant to get
involved, give their names, addresses, and/or telephone
numberswhatever information you haveto the officer in charge of
your case.
5. If the officers investigating the case do not gather any physical
evidence, such as torn clothing, broken dishes, or blood-stained
rugs, on their own, point these things out and ask them to take
them as evidence. They need to be taken from the scene by the
officers and kept according to police procedures to be admitted
in court as evidence, so make sure they do so immediately. Such
evidence is crucial in any type of case.
Photographs taken at the scene of a domestic assault provide
powerful evidence that is extremely difficult to discredit at trial.
They record the terror, pain, and rage. Nothing is equal to this
kind of proof. Photos are especially essential when the victim has
been intimidated into refusing to testify. Judges appreciate such
clear and indisputable evidence, which makes conviction of a
perpetrator far easier.
Polaroid has recently implemented the Polaroid DV100 program
in which it provides its Spectra Law Enforcement Kits for those
responding to family violence. The program requires that
community agencies or groups purchase a minimum of one
hundred kits at a discounted price and provide the recipients the
time to attend a hands-on training workshop on effectively
collecting photographic evidence of family violence. Polaroid
offers a larger discount when groups of small communities or
cities get together to purchase larger quantities. In addition to
initial training sessions for the law enforcement officers and
health care
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professionals who will use the cameras, Polaroid offers free
training videos and ongoing assistance. The training emphasizes
not only techniques in how to best document injuries, but also
teaches the importance of preserving other evidence of violence,
and how to gather photographic evidence in a manner that is not
threatening to the victim or the children, who may also be
photographed. In turn, recipients agree to share protocols,
statistics, and information on their use of the cameras.
The camera kit is specially designed for gathering the type of
evidence that is most important in domestic violence cases. A
special box included in the kit is used to take very close shots of
wounds. Officers are encouraged to take broad photos of the
scene then focus in on details such as broken dishes and toys.
The kit also provides a mechanism for duplicating photos, and
information on how the photos may be enlarged and put on
transparencies. One particular advantage to using an instant
camera is that the officer will know how the photos came out
while still at the scene, and whether additional photos should be
taken. Officers say that the cameras are an excellent resource,
because with up to ten photos they can depict the entire crime
scene. Photos of the offender when he is dirty, drunk, and
enraged are also important, some say, because batterers nearly
always put on a neat, charming, "choir boy" image for court
appearances.
Photographs of the batterer can also provide local police
patrolling the areas where the victim lives, works, and frequents
with an immediate tool to enforce a restraining order against him.
With the victim's approval, these photos can also be distributed to
the victim's neighbors, employer, and children's school, for
example.
The Los Angeles police department now places a camera in every
active patrol car, and city attorney James Hahn, who believes
there is no better evidence than good photos of injuries, reports a
90 percent conviction rate in cases his office handled during
1996. San Diego, which has also placed a camera in every car,
likewise boasts a 90 percent conviction rate in domestic violence
cases.
Polaroid has made a broad-based commitment to assisting in the
battle against domestic violence. In addition to its special camera
kits, the company has produced videos to train law enforcement
and health care
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professionals in appropriate first-response procedures in assisting
domestic violence victims and successfully documenting
evidence of violence, as well as checklists and other printed
materials to aid in identifying and documenting important facts.
Audio tapes, often carried by responding officers in a shirt
pocket or belt unit, also serve several purposes. They preserve
the impact of the victim's terror and pain at the scene. They
provide solid evidence that is not subject to the limitations of the
hearsay rule, and will remain even if the victim is intimidated into
recanting her story or refusing to testify. Officers can also
preserve the statements of children and other witnesses at the
scene. Trained officers recommend telling medical personnel on
the scene that they have a recorder turned on, to cue their
comments on the victim's injuries.
Prosecutors, including San Diego City Attorney Casey Guinn, a
nationally recognized leader in the field of family violence
prosecution, urge police officers to bear in mind when
investigating such cases that the prosecutor may have to prove
the case without the participation of the victim. Thus, photos,
audio tapes, and other visual evidence (such as a destroyed
telephone bearing the perpetrator's fingerprints) are often crucial.
Blood-stained clothing may also provide DNA evidence, which
has become increasingly important in criminal prosecutions. In a
domestic violence case, it may prove that the perpetrator was
covered with the victim's blood, as well as disprove the type of
stories batterers often concoct, such as claiming that he was the
victim and the blood is his own.
Both photographs and audio tapes can be essential in providing a
clear, objective picture of the scene without having to put the
victim on the stand. As one police officer whose own sister was
killed in a domestic violence homicide explained, policemen
often become frustrated when they are repeatedly called to the
same address, often only to find that the victim won't cooperate
or even tries to prevent them from arresting the abuser. Yet they
must realize that victims are in survival mode. The police are
there momentarily, but the abuser is there for the duration. Many
fear that they will be more severely battered or killed if they
cooperate with law enforcement. Therefore, one goal must be to
prosecute the offender as effectively as possible with as little
assistance from the victim as possible.
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Lawyers
Choosing a Lawyer
As in many situations, victims of domestic abuse may need to use
several different laws to gain all of the legal remedies that are
available. For example, a woman often calls the police, gets a
civil protection order, files for divorce, and sues her abuser for
compensation for the injuries he caused her. For this reason,
unless you are lucky enough to live in an area with excellent legal
advocacy services, it is to your advantage to consult with an
attorney if at all possible. A lawyer can advise you on the claims
you have under the law, and help you pursue all of your
remedies for protection and compensation. Complex actions (like
a Section 1983 suit) may require expert representation, but the
results can be well worth the time and expense involved. Also,
many lawyers often handle good cases on a contingency basis, so
you pay only the out-of-pocket costs until the case is won or
settled.
If you hire a lawyer, make sure you understand fee arrangements
and costs from day one, including hourly rates, retainers, extra
expenses, and when and how fees will be billed. Many lawyers
take credit cards or work out payment plansa good attorney is
generally flexible with methods of payment. Ask about the
amount of time he or she expects to be involved in the case, and
the total cost estimate. You may be able to help keep costs down
by doing things such as running errands, picking up police
reports, and making copies yourself.
Some unions and employment benefit packages provide prepaid
legal service plans. These programs are also starting to become
available to individuals. Essentially, they are a form of ''legal
insurance," in which members receive free or low-cost legal
services through membership.
Be sure you choose a lawyer who is familiar with domestic
violence and the different legal areas it can involvecivil, criminal,
and family law. Don't feel awkward about changing attorneys or
taking the time you need to visit with several before you choose
one. You may need to spend a great deal of time working on
difficult issues with this person, and you need someone you feel
is trustworthy and with whom you can establish a comfortable
rapport. An attorney should always be willing to answer your
questions and explain matters so you understand what is going
on.
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Realize that lawyers are usually working on many different cases
at the same time, and be aware that most of their work is done
outside the courtroom. Sometimes clients are surprised when
they are billed for large chunks of time associated with preparing
written work and getting ready for court appearancesyet these
steps are every bit as important as the more dramatic time in front
of the judge. Allow him or her a reasonable time (forty-eight
hours or so) to return calls, and be understanding if you have to
wait a few days for an appointment if someone else's case is
going to court or in a crisis mode. You will want the same
priority when your case reaches the critical stage. Be
consideratedon't hesitate to call anytime if you have a true
emergency, but don't take advantage of your lawyer, for example,
by calling him or her at home when it isn't urgent. Feel free to
ask for referrals to other kinds of helpcounselors, housing
authorities, or vocational therapistsbut don't expect the attorney
to fulfill these roles or provide general advice on issues not
directly related to your case.
Make a list of your questions or concerns and cover several in
one call or visit (this can save you money as well, since many
lawyers bill a set amount per call). Ask for help preparing your
testimony if you need to testify in court. Giving testimony
requires only that you tell the truth, but the experience can be
intimidating. Going through what to expect can help you stay
calm. It may also be helpful to have a friend or family member
there when you take the stand. Don't hesitate to talk to your
lawyer about any concerns you have about your case, or to bring
up anything you think might be important.
Lawyers Working to Stop Domestic Violence
During the mid-1990s, the American Bar Association (ABA) took
a strong stand against domestic violence under the leadership of
Roberta Cooper Ramo, the ABA's first female president. Ramo
crisscrossed the country during her tenure, sounding a call for an
end to domestic violence through awareness, education, and
action. Ramo urged that the problem is not indifference to
domestic violence, but rather that our entire society has been
taught to ignore it.
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In 1994, then President-elect Ramo spearheaded the creation of
the ABA Commission on Domestic Violence, a multidisciplinary
commission composed of attorneys, doctors, educators, social
workers, law enforcement officials, and national leaders. The
Commission seeks to increase both public awareness of domestic
violence and create awareness of concrete methods that work to
eradicate it. As one of its first acts, it co-sponsored a series of
regional conferences on domestic violence, along with the
American Medical Association, the U.S. Department of Justice,
and the Department of Health and Human Services.
Ramo emphasized that such an initiative had never happened
before on a national level. She expressed particular concern
about childrenup to 10 millionwho witness domestic violence in
their homes. A separate program was held at the ABA's midyear
meeting in which lawyers, judges, and psychologists stressed the
importance of healing the children if domestic violence is to be
stopped. To actively address this concern, the commission
worked with the Walt Disney Company to develop a children's
video, entitled "It's Not OK: Let's Talk About Domestic
Violence," which has won national acclaim for its sensitive,
practical approach toward helping professionals assist children in
learning how to respond to and protect themselves from violence
in their homes. The video serves dual roles by sensitizing
professionals to a child's perspective on family violence, and by
giving children specific information. The video is also designed
to be shown to children who accompany their mothers to places
such as police stations, shelters, and courts. It's mission is to tell
children three key messages: Violence at home is not the child's
fault; it is not right for people who love one another to be violent;
and there are ways a child can try to be safe when violence
occurs. It includes narratives by children who have survived life
in violent homes, so the viewers know they are not alone. The
video is presented in a calming tone, geared toward children ages
five to eleven in language they can understand. It has also been
used to train police and distributed to school counselors by the
U.S. Department of Education.
The Commission has also been active in working with insurance
companies to urge change in policies that discriminate against
domestic violence victims, and developing programs to educate
high school
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students about domestic violence in conjunction with sports
programs. It has developed a clearinghouse of information on
various domestic violence programs, developed a
multidisciplinary blueprint for communities seeking to improve
their response to domestic violence, sought to educate judges and
those working in the various service fields, and developed a
lawyer's handbook to educate lawyers on the impact of domestic
violence in various legal fields. It has also worked with law
schools to assist professors in incorporating domestic violence
training into their curricula. Additionally, the Commission has
published a manual for lawyers on how to contend with violence
in their practices, entitled The Impact of Domestic Violence on
Your Legal Practice.
Copies of this manual, the children's video, and other materials
may be ordered by calling the ABA Services Center at (800) 285-
2221.
In late 1995, New Mexico Attorney General Tom Udall convened
a statewide task force on violence against women, including
concerned citizens and professionals with expertise in criminal
justice, victim services, education, public health, and physical
and mental health care. The task force held town hall meetings
throughout the state asking local participants to share information
on what worked in their communities in the effort to prevent and
intervene in violence against women. A multidisciplinary
conference with workshops targeting various professional groups
was held in 1996, and a final report with findings, goals, and
recommendations was published in 1997. The concise, nine-page
report contained a wealth of ideas and information, both general
and targeted to specific professions.
The Double Victims: Women Who Kill Their Abusers
While the law is evolving in other areas to become more sensitive
to the special circumstances of domestic violence victims, one
area in particular remains in the grip of injustice. Women who
kill the men who batter them frequently receive extremely harsh
sentencesmuch longer than men who kill their wives or
girlfriends. One expert who studied sentencing in domestic
homicides found that the average sentence for a woman
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who is convicted of killing her spouse is fifteen to twenty years,
while a man's average sentence is two to six years.
Several explanations for this double standard have been offered.
Traditionally, society has permitted violence from men but
frowned upon women who take up weapons, even in self-
defense. The tired refrain, ''Why didn't she just leave?" still
echoes through police stations and jury rooms. But some of the
worst problems are found in a judicial system that long ago
fashioned a narrow definition of self-defense based on men of
roughly equal size and capability fighting in the streets or bars.
And this definition is not flexible enough to encompass different,
yet equally compelling, circumstances.
In 1993, a documentary film entitled Defending Our Lives won
an Academy Award for its stark profile of women who suffered
brutal abuse in their homes but were offered no effective help or
protection, then were sent to jail for defending their lives. When
a woman kills her abuser, "Why didn't she just leave?" may be a
legitimate questionbut only if the justice system truly listens to
her answer. A woman claiming self-defense under circumstances
outside the rigid boundaries traditionally recognized should be
given the opportunity to explain why she reasonably believed
herself to be in imminent danger of death or serious injury. And
her story should be supported by expert testimony to add
credibility to her perception in the eyes of those who have never
experienced the damaged, distorted world in which she lives.
Experts can also explain why a woman may reasonably believe
that calling the police is futile (especially if it has proven so in the
past); why her ability to leave may be thwarted by financial and
social considerations; why she may fear certain death or more
serious injury if she tries to leave; as well as the psychological
effects of the cycle of violence, learned helplessness, and the
battered woman syndrome. For example, in People v. Reeves, an
Illinois case, an expert explained to the jury how the defendant
had reasonably come to believe that her husband was capable of
killing her or causing her great harm despite his lack of a
weapon, based on her knowledge of his ability to inflict severe
injury in the past.
The battered woman syndrome, defined by Dr. Lenore Walker
and discussed in some detail in earlier chapters, holds special
importance in
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the cases of women who kill. Women suffering from the
syndrome often kill men who would not appear to outsiders to be
threatening their lives. But women living with abusers over long
periods often learn to pick up cues that tell them that a severe
attack is on the way. Others suffer from such a distortion of
perception that they see things in their world in a way completely
foreign to othersbut no less accurate under the circumstances.
Brenda Aris' case is fairly typical. She endured years of beatings
from the man she married at seventeen. She had left her husband
many times and always returned, either because he cried, begged,
and promised to change, or because he threatened to track her
down and kill her if she did not return. Her three daughters
would cry and beg her to hurry at the supermarket, for fear that
she would be beaten for taking too long with the grocery
shopping. By the time ten years had passed, he was battering her
almost daily and she suffered from the familiar symptoms of the
battered woman syndrome. She felt worthless, saw her husband
as all-powerful, and believed her life depended on her ability to
placate him. Writing for Glamour, she said, "On the day I was
arrested for killing my husband, I was black and blue from head
to foot."
One night, after repeated beatings throughout the day ended with
an especially brutal attack, she went to a neighbor's house to get
some ice for her injuries. Seeing a gun on the top of the
refrigerator, she took it, with the idea that she could use it to
intimidate her husband, now drunk and passed out, and stop him
from hurting her anymore when he awoke. He had threatened to
kill her and she believed him. She perceived he was coming after
her, so she shot him on the bed.
Despite widespread acceptance of the battered syndrome by the
vast majority of professionals working in the domestic violence
field, many courts do not allow expert testimony on the battered
woman syndrome in the cases of women accused of murdering
their abusive mates. Dr. Lenore Walker agreed to testify in Brenda
Aris's trial, but the court allowed only general testimony about
the syndromeno discussion of how it applied to Aris. As a result,
jurors were confused, with one later stating that because Walker
did not say Aris suffered from the syndrome, the jury concluded
that she did not. The appellate court found that the judge
committed an error in refusing to allow Walker to offer testimony
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on Aris' state of mind, but found the error "harmless"so the
verdict was allowed to stand. Fortunately, California Governor
Pete Wilson, responding to a growing movement for clemency
for battered women, who were denied the benefit of unfettered
expert testimony at trial subsequently reduced Aris' sentence and
recommended parole.
In most places, the law says that a person is justified in using
some form of physical force in self-defense if he or she
reasonably believes that force is necessary to prevent an
imminent threat of unlawful physical force against him or her. In
others, there are additional requirements; for example, that retreat
is impossible. A woman is usually allowed to use deadly force if
she reasonably believes that her attacker is using or is about to
use deadly force against her. How much force is reasonable is
supposed to depend on the circumstances, including the size and
strength of the attacker compared to the victim.
Things are changing, and today many women who kill their
abusers in self-defense are never charged with a crime or are
found innocent when the facts come before a court. However,
some judges refuse to believe that self-defense can be explained
in any other way than the traditional scenario, and that the
"reasonable apprehension of imminent death or great bodily
harm" required for the defense can never occur in a home with
an unlocked door. Traditionally, the law required a battered
woman who killed to satisfy three conditions for a successful
claim of self-defense: first, the abuser attacked her with a deadly
weapon or in a way that she reasonably interpreted as an
immediate threat of death; second, she did not provoke the attack;
and third, she could not retreat.
Battered women face special problems meeting these
requirements because of the psychological damage inherent in
most abusive relationships. A man who has repeatedly beaten a
woman nearly to death in the past may put her in very reasonable
fear for her life by menacing, giving subtle cues only she can
recognize as a threat, or striking a single blow. Fists can be a
deadly weapon, as thousands of dead victims could testify if they
were still alive to do so. Yet many judges cannot see justification
for using a gun against an "unarmed" person under any
circumstances.
Moreover, many battered women are quite literally unable to
escape, even if the door is unlocked. They may be
psychologically paralyzed,
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or they may know that walking through the door would be
tantamount to suicide. Yet some judges still refuse to admit expert
testimony, arguing that it "invades the province of the jury," it is
irrelevant, or it is prejudicial. Even worse, some judges have
refused to allow testimony of past abuse as a "mitigating
circumstance"a factor that can help shed light on why a crime
was committed and give a reason for a more lenient sentence.
Fortunately, things are changing, and as the scientific community
gives increasing recognition to the battered woman syndrome,
such as its endorsement by the American Psychological
Association, it has become more common for testimony to be
admitted. Explanation of the battered woman syndrome can
support a standard claim of self-defense within the context of the
abused woman's own world. It can show the reasonableness of
the woman's belief that she was in imminent danger when she
killed her abuser in a setting that does not look to the outside
world like a confrontation. It can explain why she did not, and
could not, flee the relationship.
By 1993, nine states had passed laws expressly allowing expert
testimony on the syndrome. Some women who were convicted
of murder or manslaughter when the testimony was not allowed
have filed suit to try and obtain new trials.
Social taboos against women who kill are surprisingly powerful,
even when women present evidence of the men's behavior that
should warrant extreme disapproval. Many women who kill do
so after their abusers endanger or sexually abuse their children.
For the majority of these women, killing their partners was their
first criminal act.
Yet women who plead guilty to murder often get shorter
sentences than those who try to prove they acted in self-defense.
There is a persistent myth, even among those in a system that
sees the terrible toll taken by domestic violence, that any woman
can "just leave"; that she always has a choice. Most women who
kill have left, been found, and been beaten senseless. They have
been told over and over that they (and often their children as
well) will be beaten again or killed if they try to flee. Most have
tried to use the available services and have been failed by themby
police who do nothing, courts that set abusers free, social
services powerless to protect women from men determined to
find them
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and drag them back. Women who kill their abusers do so as a last
resort to save their lives or the lives of their children. These are
not women with choices.
Even more puzzling is the fact that some women have been
sentenced to life imprisonment for murder, even when all of the
traditional elements of self-defense, and more, have been present.
Consider the case of Becca Jean Hughes. After years of terror,
broken bones, and skull fractures, she found herself in her
husband's truck with his hands around her throat. This man had a
history of extreme violence, including shooting up a house while
his wife and children were inside, during his first marriagea fact
Becca was unaware of until she saw the police report at her own
trial. When she told him she wanted a divorce, he tried to strangle
Becca in the cab of his pickup truck. She managed to get a hold
of the pistol she knew he kept under the driver's seat. She even
let him see it with the hope he would stop, but he continued
trying to choke her to death. Finally, she pulled the trigger.
The judge refused to allow any evidence of abuse in her trial, and
the prosecutor managed to convince the jury that she had carried
the gun and planned to kill him. At the end of the week-long
trial, she was sentenced to life in prison without parole for
premeditated murder.
Becca emphasizes that the justice system must recognize the way
the battered woman syndrome robs a victim of options. "A
battered woman can't leave, she can't even think for herself any
more. She has no choices. I've been through it. It's not safe to
leave. Divorce is a death wish! Yet the courts misunderstand or
overlook the truth, and believe a battered woman can leave
anytime."
When police and prosecutors do not enforce the laws against
domestic violence, battered women can only protect themselves
by taking justice into their own hands. Becca explains that killing
an abuser in self defense is a last resort by women who must act
to save their own lives. "Because no one else will. It is an
unthinking act you do just to survive, The abuser's death is a
repercussion of his own actions. Yet when you defend yourself,
it's like you're already dead, you just haven't been buried yet. But
you will be, by the abuser or by the system."
Becca believes that women who plead guilty instead of arguing
self
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defense often get shorter sentences because they don't insist the
justice system live up to the standards we have been taught to
believe in. "They don't demand that the system prove itself fair,
just, and honest," she says.
But there is hope on the horizon that this unspeakable tradition of
injustice is finally crumbling. In 1977, after enduring twelve years
of brutal abuse to herself and her children, Francine Hughes
burned the home where her husband Mickey Hughes slept after
exhausting himself by battering and raping his wife. Francine
spent eight months in jail after being charged with first-degree
murder and was held without bail, but at trial she was found not
guilty by reason of temporary insanity. The case became the
subject of a book, The Burning Bed by Faith McNulty, and a
television movie of the same name which starred Farrah Fawcett.
These dramatizations helped heighten public awareness of
domestic violence and sparked change in both professional and
general attitudes toward the terrifying world inhabited by battered
women, and how it can drive them to kill.
Becca Jean Hughes and another inmate who killed her ex-
husband worked with Missouri attorneys from prison to help
them draft new legislation regarding battered women who kill
their abusers. The legislation, passed in 1987, allows a woman
charged with murder to testify about the battering she endured
and to present expert testimony on the special conditions faced
by battered women. A growing clemency movement has led
several governors to order releases, reduced sentences, or new
trials for women who were denied fair trials.
Ironically, many women who go to prison feel profound relief in
a setting most of us would find horrifying. For many of these
women, their lives are predictable for the first time. They find
themselves in a community of mutually supportive women, with
periods of time alone to think, away from the constant,
exhausting threat of violence. Many receive counseling or therapy
for the first time in their lives. Vocational training and education
may also be available, which gives many women a sense of self-
worth. Yet it is tragic that a person would have to go to prison to
obtain these services. Prison is still prison, and women who are
incarcerated experience the grief of losing their children,
degradation, isolation, and despair.
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Many victims' advocates see a paradox in working for clemency.
On one hand, they feel women who kill their abusers should
receive a fair defense or early release, but on the other, they don't
want to advocate additional violence in a society that is already
plagued by far too much. Clemency advocates emphasize that
their efforts to free these women should not be interpreted as
approval of a ''license to kill" because each case must be
considered on its own merits, with no blanket rules. And few
would argue against allowing women who kill in self-defense the
same right as other criminal defendants to present a full and fair
defense and allowing women who were denied such rights the
chance for a new, more just trial.
If domestic violence is ever to effectively end, values, laws, and
attitudes that go to the very roots of our culture must be changed.
While the law has at last begun to recognize that domestic
violence is both a crime and a violation of civil law, such changes
are remarkably recent, many only occurring over the last two
decades. It takes time to implement legal evolution in a workable
way, and even more time to change deeply ingrained attitudes.
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Chapter Seven
What Works to Reduce and Prevent Domestic
Violence?
People involved in trying to end domestic violence agree that, not
only the individual abusers, but society itself needs help.
Violence against women is still subtly allowed, even encouraged,
some say, by various institutions that give it tacit approval.
Entertainment that glamorizes the abusive treatment of women.
Police that still ignore or trivialize domestic violence. Judges that
release abusers without penalties.
How can these attitudes be changed? Does anything work?
Duluth, Minnesota, has been a leader in both intervention efforts
that serve families on an individual basis, and attempts to educate
people in all walks of society with two goals: prevention of
domestic violence, and improvement of programs and services
seeking to end it. Duluth's education programs include seminars
to train judges, prosecutors, and law enforcement officers;
programs for advocates, counselors, and administrators of
services for victims, abusers, and children; and presentations in
high schools. Initially, the high school program was intended to
be geared toward prevention, but the participants were shocked
to learn how violent some of the relationships among dating
teens had already become. So intervention was offered as well.
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Many psychologists stress the importance of teaching children
that violence is not an appropriate way of solving problems. One
of the key components of such efforts must be parents who live
by the same rule and set a positive example. Dr. Carolina Yahne,
a psychologist and professor, believes all children should be
taught nonviolence, however, it is especially important to educate
children who have witnessed violence in the home. "We need to
inoculate them against violence like we do against disease," she
states. Dr. Yahne believes the media can play an important role in
educating children and adults about the consequences of
domestic violence, the effects of family discord on children, and
subsequently the alternatives.
Education is also accomplished by changes in public policy and
practices. When communities establish mandatory arrest and
prosecution policies, a message is sent from the police and courts
that domestic violence is a crime that society will not tolerate.
When coupled with counseling programs for abusers, the
message is that those who want to change will be given a fair
opportunity. Those who do not will be treated like the criminals
they are and incarcerated. Some of the most skilled and valuable
counselors in these programs are formerly battered women and
formerly abusive men.
Grassroots efforts to educate and capture the attention of the
public continue, often in unique and creative ways. The
Clothesline Project is such an effort. This nationwide project was
organized with the theme of airing dirty laundry, of taking dark
secrets out of the closet and into the sunlight. From 1990 to 1994,
the survivors around the country set up local displays of T-shirts
decorated by abuse survivors to carry their messages of anger,
hope, and pain. The shirts are color-coded to indicate different
forms of domestic violence. Through the project, organizers hope
to heighten public awareness about crimes against women and to
find some personal healing, as well as establish sisterhood with
other survivors. As of the summer of 1994, more than two
hundred different clotheslines bearing 20,000 shirts had been
displayed across America. A national exhibit was held in the
spring of 1995 in Washington, D.C. It continues to sponsor local
workshops and exhibits.
Communities with the greatest success in lowering rates of
domestic
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violence are those in which the various public and private
agencies work together in a collective effort to tackle the
problem. In these communities, diverse talents and services can
be combined to offer those in need of help an organized system,
rather than existing as piecemeal groups only vaguely aware of
what else is available. Successful programs vary in their structure
and scope, but all share two key elements: communication and
cooperation.
Ideally, all of the entities and agencies that are involved in
domestic violence issues within a given community or region
should meet and interact on a regular basis to share ideas, plan
strategies, develop protocols, and promote an ongoing dialog
with one another and with the public. Practically, this may not
always be possible. In many areas, the key participants are
already spread so thin they cannot even serve all who need them.
However, simple solutions have been discovered by innovative
communities. One city responded to the pleas of already
overworked professionals by instituting a monthly lunch
program in which a task force compiled of individuals and
representatives from the various groupspolice, social services
workers, teachers, victim advocates, medical professionals,
preventionists, prosecutorsmeet for lunch for an informal
opportunity to tell each other what they have been doing, what
they need, and how they can help others. As one shelter manager
commented, "What we need is not more meetings, but more
dialog." Even one or two gatherings a year, in which
collaborators can compile a list of names, roles, and numbers so
professionals can call each other and make referrals to service
providers can make a huge difference. It is also important to
consider players in the system who might not come to mind
immediately because they are not in one of the traditional victim-
contact roles. For example, I recently heard a criminal defense
attorney comment that he, too, needs to be aware of the available
resources, so he can refer the abusers he represents to qualified
counselors and appropriate programs. In turn, he can make
others aware of the many legal alternatives available to deal with
abusers, such as electronic monitoring, work release, community
service plus mandatory counseling.
As one police officer stated, "It is not fair to expect law
enforcement to be district attorney, for a social worker to be a
copwe all need to do
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our jobs well and work together. The peculiar nature of the
victim-offender relationship makes this crime different from
others, combining love, terror, confusion, and other intense
emotions.'' Everyoneespecially those likely to be a victim's first
contact, such as emergency room physicians, police officers, and
shelter staffneed to be aware of the places available to refer the
victim for various types of help. Communities can easily and
inexpensively print and distribute small booklets or even
business cards listing the most crucial names and numbers. For
example, the Family Crisis Unit of the Albuquerque Police
Department distributes a small booklet entitled, "Pocket Guide
for Victims of Domestic Violence," which tells victims how and
where to get help. This compact but thorough resource contains
information to help victims understand and identify abuse;
statistics on the prevalence of domestic violence; a summary of
the effects of domestic violence on children; advice on what to
do before, during, and after an attack; and concise information
on how the different components of the legal system can provide
help. Telephone numbers for sources of legal, social, medical,
counseling, housing, and other areas of helpeven education and
child careare provided.
Model Programs
In 1992, the National Council of Juvenile and Family Court
Judges published a book entitled Family Violence: State-of-the-
Art Court Programs, describing eighteen court-annexed
programs dealing with domestic violence throughout the United
States, which they considered "state-of-the-art." While no one
program was perfect, the Council chose programs it believed had
outstanding attributes that could be considered by all
communities.
The Council also noted that some of the programs took different
approaches to controversial issues surrounding the legal response
to family violence, including: Whether or not a victim should be
required to do certain things such as appear in court, attend
counseling, or meet with the abuser in attempting to resolve such
issues as child custody; whether or not batterers should be
diverted out of the criminal justice
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system into treatment programs and, if so, when; and whether or
not the court system should focus primarily on the needs of the
adult victim of domestic violence or the needs of children in the
family.
The Council worked with an advisory committee of national
experts in the field of family violence who had a wide variety of
backgrounds and perspectives. The eighteen programs selected as
the best represented those who had been effective in reducing,
intervening, and controlling family violence. The Council found
that many of the programs attributed a large measure of their
success to their ability to borrow good ideas from other
programs. Some also stressed the importance of a leader within
the community dedicated to the growth of the program. Others
emphasized the necessity of community commitment, noting the
efforts of the women who have carried on grassroots services for
years. All emphasized the importance of a continuous,
coordinated effort between law enforcement, prosecution, the
courts, and treatment programs; as well as the involvement of
more indirectly related providers such as public housing and the
medical community. All found that each separate component
benefitted from its regular interaction with the others. The
successful programs also shared a willingness to change, and a
flexibility to allow for ongoing improvement.
Although the study was published in 1992, these programs are
still going strong today, following the same principles that
established them as cornerstones of their communities. Several of
the leading programs are described in some detail below; others
are listed in the appendix. Unless otherwise stated, the views
expressed in the program descriptions are those of the programs
and not necessarily the policy of the Council. All have expressed
a willingness to work with individuals and groups from other
communities; and some publish reports, brochures, and training
materials.
In another publication, Family Violence: Improving Court
Practices, the Council pointed out that judges can also make a
huge difference in both community attitudes and the
effectiveness of the law. Judges must treat domestic violence as a
serious crime, and not only issue strong orders but follow up to
make sure batterers comply or face serious consequences,
including jail time if any provision is broken. Judges who have
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made it clear that they mean business have found that batterers
are much more likely to stay away from their victims, attend
counseling and education programs, and comply with the order's
other provisions. As one experienced judge pointed out, abusers
are experts in control, and will be quick to detect whether their
victims and the judges who sentence them mean what they say.
Victims are safer and feel empowered to stand up to their abusers
when the court puts its strength behind them.
Moreover, compliance reviews that make sure offenders are
obeying protection orders and other court mandates take
relatively little time. One judge who handles such reviews once a
week for an hour and a half finds he can take on fifteen to twenty
reviews per week in that time; and that time is saved in the long
run by far less repeat filings. The batterer gets the message that
there will be more hearings, and more penalties, until he
complies.
Comprehensive Programs
The Council first described in its study what it called
"comprehensive" programs. These are private, nonprofit
organizations operating independent of the court system or
government agencies, and funded by a variety of public and
private sources. The programs provide direct services to victims,
including immediate aid, court advocacy, shelter, counseling,
therapy, and referrals to other sources for needs such as housing
and legal assistance.
Many of these programs also provide individual and group
treatment, legal assistance, intervention, outreach, detention
screening, and other services for batterers. All of the
comprehensive programs develop close working relationships
with judges, prosecutors, and law enforcement. They provide
feedback and make sure critical information is exchanged
between the various people involved in individual cases. They
also provide training for agency and judicial personnel, and act as
conduits for information that needs to be shared by the courts
and other agencies. Comprehensive programs are frequently
involved in a community domestic violence task force, composed
of representatives from the various court and community
agencies.
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Several different types of comprehensive programs the Council
recognized are profiled below. Although they vary in scope and
their particular approach, they share characteristics unique to
comprehensive programs. Each program appreciates the
importance of working to change the "big picture," and takes
various steps toward improving the social and legal structure that
affects its clients. These efforts include research, amending
legislation, speaking, and directly working toward legal and
social changes. Each program strives toward the recognition of
family violence as serious criminal conduct, and tries to see that
victims have the opportunity to use all the available legal
remedies, without having to choose between them.
The Domestic Abuse Project (DAP)
204 West Franklin Avenue
Minneapolis, MN 55404
(612) 874-7063
Founded in 1979, DAP is one of the oldest programs against
domestic violence. It serves Hennepin County, Minnesota which
includes Minneapolis. DAP has two community intervention
projects that work directly with prosecutors, one for felony cases
and one for misdemeanors. It also has a therapy unit, which
provides group, individual, couples, and family therapy services
for women and children who are victims, as well as for abusive
men. A unique feature of this unit is its group therapy programs
for adolescents; one for boys who have been in abusive family or
dating relationships, and a similar one for girls.
DAP's training program offers education and training to mental
health and social service professionals and to the criminal justice
system. It also gives public presentations in schools, in churches,
and for community organizations. It publishes an adult treatment
manual for male and female clients, publishes a children's
treatment manual, and conducts training sessions and workshops
tailored for different communities across the country.
DAP also has an evaluation and research program that collects
follow-up data on the men's and women's therapy programs to
assess their
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success. The program evaluates different approaches in working
with abusive men, comparing education, process/self-help, and a
combined approach. The children's program has also been
evaluated, with published research reports available from DAP.
Like most programs, DAP relies on extensive assistance from
volunteers. Some work directly with victims of domestic
violence, while others serve as facilitators with self-help support
groups.
Minnesota police are required by law to make a written report on
every incident involving a domestic assault, and officers report
all arrests by telephone to DAP's twenty-four-hour crisis line. In
the Minneapolis program, an advocate then calls the victim and
advises her of services and legal options. The next day the
advocate prepares a memo for the city attorney (the prosecutor)
stating the victim's concerns and requesting a no-contact
(protection) order if needed. The prosecutor brings domestic
assault charges, and the victim is required to appear as a witness
at the pretrial (where the man may enter a guilty plea) and the
trial, if the case proceeds. The advocate assists the victim
throughout this process.
The advocate also works with the prosecuting attorney in the
courtroom, in staff meetings, and on a multi-agency task force
that examines how the criminal prosecution and the civil
protective order process can be improved. The advocate may
continue to work on the case after the trial to make sure the
victim's concerns about sentencing are considered by the court.
He or she may also remain involved if probation is ordered and
later, if the conditions of probation are violated. A similar
program is provided to Hennepin County residents, with
advocates working out of the county attorney's office.
One of the strengths of DAP is its funding from a wide variety of
sources, including the Department of Corrections, the United
Way, client fees, Hennepin County, the city of Minneapolis,
private funding, and federal funds under the Family Violence
Prevention and Services Act.
No program is perfect, and DAP, like others, still grapples with
various problems. Not all area police are as sensitive to the
victims as they should be, and funding must be sought
continually. Yet DAP has proven to be one of the most
impressive and effective coordinated projects in the country, and
has been used as a model by many other communities.
Page 201
House of Ruth, Inc.
Domestic Violence Legal Clinic
2201 Argone Drive
Baltimore, MD 21218
(301) 889-0840
The House of Ruth operates five direct service programs,
including a shelter, individual and group counseling for women
(including long-term group counseling for abuse survivors), a
volunteer-run, twenty-four-hour hotline, a children's program for
children in the shelter, and a domestic violence legal clinic. It also
has an outreach program, which arranges media events, provides
a speaker's bureau, and produces educational videotapes and
publications for both the public and legal professionals.
One of the most unique features of the House of Ruth is its legal
clinic. Staffed by four attorneys and five support professionals, it
provides legal representation and advocacy, primarily for low-
income victims. Based in the shelter, its main goals are to ensure
the safety of its clients and to improve the laws affecting battered
women. The clinic provides information, referrals, and advocacy
in criminal court. Its staff directly represents women seeking
protective orders, divorce, child custody, and, occasionally, in
criminal defense. In especially dangerous cases, an attorney will
help a woman obtain name changes, new birth certificates, and
relocation. The legal clinic also helps link clients to trained pro
bono (free) attorneys who volunteer their services.
The legal clinic has undertaken a number of unique projects in its
efforts to change the law in favor of battered women. In 1990, it
successfully represented Maryland's battered women in a class
action suit against the Public Service Commission to obtain
protection against a telephone system that allows the listener to
locate the caller, posing a substantial threat to battered women
and those who help them. It has worked hard to improve access
to the civil system for low-income women, filed amicus curiae
(friend of the court) briefs in cases involving such issues as
expert testimony on the battered woman syndrome and evidence
of violence in custody cases. These briefs educate the court about
laws supporting the point of view of some person or group not
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directly involved in the case, and urge the judge to hand down a
decision that will change or support the law in a way favorable to
its goals.
One of the clinic's most impressive achievements was the
Clemency Project, in which the clinic, working with the Domestic
Violence Task Force, undertook various efforts to help women
charged with killing or attempting to kill their abusers who were
routinely denied the opportunity to present evidence on the
battered woman syndrome at their trials. A class action suit was
being prepared when the matter came to the attention of
Maryland Governor William Donald Schaefer, so a special report
was prepared for him. As a result, in February 1991, Governor
Schaefer commuted the sentences of eight women incarcerated
for killing or injuring their abusers. Three more women were
later released, and another had her conviction overturned on
appeal.
The House of Ruth is also notable for providing comprehensive
services at one location. A victim can find legal assistance,
shelter, counseling, parenting services, children's services, and
batterer treatment all in one place. It works closely with other
agencies and in 1989, worked with the city to publish Domestic
Violence Policies and Procedures, a manual representing the
cooperative efforts of each branch of the legal system to
disapprove of and work to end domestic violence.
At the House of Ruth, counseling and legal activities support one
another. Legal services are free to low-income clients, but the
clinic believes it is beneficial to charge clients who can pay a
small fee, ask them to assist with volunteer work, or ask them to
help with investigation and legal work on their own cases, so
they stay directly involved.
Templum/East Cleveland Domestic Violence Project
P.O. Box 5466
Cleveland, OH 44101
(216) 634-7501
Templum is another pioneer among domestic violence centers.
Established in 1978, it provides shelter, counseling, outreach,
community education, children's services, and legal advocacy.
The East Cleveland Domestic Violence Project was established by
Templum in 1986 to provide court advocacy for victims in
misdemeanor domestic
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violence cases in the East Cleveland Municipal Court. It offers
crisis intervention, hospital visitation, court accompaniment, help
with temporary protection orders, individual counseling, group
therapy, referrals to legal assistance, and referrals to safe housing.
It also provides services for the perpetrators, including
information about pending charges, court procedures, sentencing,
work release, and counseling services. Its philosophy supports
the criminal justice system's refusal to tolerate domestic violence,
but also the belief that abusive men can end their violence and
learn to be respectful partners and effective parents.
The project also facilitates coordinated efforts among the East
Cleveland police, prosecutor's office, probation and parole
department, judges, bailiffs, court clerks, community hospitals,
social service agencies, and pastors. It is a center for information,
consultation, and support for each component of the court-based
intervention system. Police respond immediately to domestic
violence calls. The local judge considers domestic violence a
serious crime and believes the abuser is solely responsible for his
conduct. A conviction often brings thirty days in jail.
The entire program is housed in the city hall, so social services
and the criminal justice system share one location. While safety
of victims is a priority, men are encouraged to seek help and end
violence in the family.
The project works to educate the community and change attitudes
about domestic violence and family life in general. People of
color, mainly African Americans, comprise 99 percent of the East
Cleveland jurisdiction. Participants in the project share a goal of
creating a community where Black families can live free of
violence and realize their potential. Working with community
leaders and at the street level, its goal is to achieve a community
opposed to violence and supportive of relationships based on
respect and equality.
Several components of the project are rather unique. A wider
variety of punishment and treatment alternatives are available for
offenders than in most programs. For example, work release with
electronic monitoring is an option in appropriate cases. Long-
term, periodic contact with the victim provides support for her in
assuring her safety and encouraging her to work toward goals
such as education, while probation and parole authorities track
the abuser's compliance with sentencing conditions such as
desisting from violence and continuing treatment.
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The judge and project coordinator are highly visible leaders in
the community, and information is widely distributed. The
project routinely evaluates its own effectiveness and that of the
criminal justice system, and has participants complete a
questionnaire when their case is closed.
The project does extraordinary work with very little money. The
project coordinator, municipal court judge, and mayor of East
Cleveland share the vision of creating an African-American
urban community that is safe, empowering, and economically
supportive of all members.
The Family Court of the Second Circuit
2145 Main Street, Suite 226
Wailuku, Maui, Hawaii 96793
(808) 244-2290
Alternatives to Violence
P.O. Box 909
Wailuku, Maui, HI 96793
(808) 242-9559
This unique family court is part of a court system with
jurisdiction over all family matters, including civil restraining
(protection) orders and criminal misdemeanor domestic violence
cases. The court has been praised for its unusual way of offering
domestic violence victims easy access to the courthouse, its
ability to issue protection orders within two or three hours, and
for being one of the few formal systems in the country that
monitors abusers under protection orders. Much of the credit
goes to an enlightened group of judges, who are willing to try
new ideas and change what is not working. The Family Court
works closely with Alternatives to Violence (ATV), an
independent organization that offers group treatment for abusive
men, programs for women, treatment for juvenile offenders, and
advocacy services. The treatment programs all have very high
success rates.
The process of ending domestic violence often begins at ATV.
Advocates review the police report, which must be filed even if
no arrest is made, and accompany the victim throughout the court
process. One prosecutor works on the case, and charges are not
dropped at the
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victim's request. Hawaii's law requires a minimum forty-eight-
hour jail sentence, one-year probation, and participation in court-
ordered counseling for convicted abusers.
During hearings, a secure and serious atmosphere prevails in the
courtroom. All judges are trained in the dynamics of an abusive
relationship. The court staff makes sure both victim and offender
understand everything that happens. Usually, the victim is
required to attend a twelve- or fifteen-week counseling program,
and the batterer is ordered into a twenty-four-week program at
ATV. A voluntary group serves men who wish to continue
treatment after the mandatory period. An adolescent's group for
young abusers provides a sixteen-week education program
toward ending the use of violence in relationships. An anger
management group is a one-day education and prevention
program for adolescents involved in school or street fights. ATV
also holds group sessions for children of adult clients, and the
judge may order parents of children who have witnessed
violence to bring their children to ATV for assessment. A
domestic violence task force meets monthly with representatives
from the police, prosecutor's office, shelter, family court, ATV,
and the city council.
The unified family court system allows one judge to deal with all
aspects of a case, civil and criminal, and to create remedies that
serve the needs of all family members. Other effective features of
this system include all police carrying cards about services for
victims and cameras in their cars for evidence, and ''Sky Bridge,"
a video link between the islands which is used along with fax
transmissions for civil restraining order hearings.
Statewide Court Programs
The Council also looked at family violence programs serving
entire states. These programs are somewhat different in that they
operate inside the government system with public funds. The
main advantage to such programs is that the policies and
procedures for preventing and reducing family violence are set
by the state legislature, and the same rules apply to all
communities and citizens of the state. Also, some consistent
funding is assured. However, state programs are urged to allow
local communities to
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act independently to develop strong systems tailored to their
specific needs and to locate additional sources of funding. The
Council profiled the Hawaii and Connecticut systems as state-of-
the-art.
Connecticut Superior Court
Family Violence Intervention Units
& Domestic Violence Projects
28 Grand Street
Hartford, CT 06106
(203) 566-8187
In 1986, Connecticut passed a law creating Family Violence
Intervention Units (FVIUs). This law established these special
units in the Family Division of the Conneticut Superior Court in
each of the twenty-two geographical areas of the state. The
legislation also established a statewide advocate program to be
operated by the Connecticut Coalition Against Domestic Violence
under a contract with the state. The courts also contract with
private, local mental health organizations for counseling and
treatment services.
In most misdemeanor cases, courts issue criminal protection
orders for victims and refer first-time abusers to the six-week
pretrial education program, along with supervised probation for
at least three months. The law also requires arrest for family
violence crimes and arraignment within twenty-four to seventy-
two hours after charges are filed. Before arraignment, both victim
and abuser are interviewed by a family relations counselor, who
prepares a report for the judge. The report contains general
information about the family, documents any prior history of
abuse, and may include recommendations for services or
sentencing. The victim is referred to the family violence advocate
program, and offered information on a broad range of family
protection and support services. She also receives information on
the court process and how to protect her rights during and after
the case.
At the arraignment hearing, if eligible defendants apply for
referral to the pretrial education program, the prosecutor often
dismisses the case with the condition that the offender
successfully completes a treatment
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program and abides by other conditions set by the court. A
protection order remains in effect, and the defendant is
supervised. The victim and abuser are then referred to the FVIU,
and a counselor completes interviews and prepares an in-depth,
final report for the court, including an assessment of the abuser's
risk to the family.
The twenty-two FVIUs employ full-time victim advocates, who
provide emergency shelter, court assistance, referrals to
community services, and assistance to the victim in planning for
her safety. The advocates and the programs they work with also
provide a twenty-four-hour hot-line, a children's advocate
program, and other services for children.
The Connecticut program is fortunate to be backed by state
policy declaring that family violence is a crime best treated as
such in conjunction with services to both victims and offenders,
and backed by legislation and funding. Research is ongoing, and
when the studies suggest recommendations for improvements,
changes are implemented.
Another unique feature of the Connecticut system is the
continual, mandatory training programs for police, judges, and
service providers. Public education about domestic violence and
the state's response is another effort. There is also a strong
partnership between the Family Division of the Superior Court
and the Connecticut Coalition Against Domestic Violence. The
court staff, including counselors and advocates, is professionally
trained. In its study, the Council stated, ''Connecticut's public
policy of reinforcing the seriousness of domestic violence issues
with mandatory arrests and accelerated arraignments should be
essential elements of all legislation."
Rural Programs
Rural courts and others involved in domestic violence issues in
country areas face special challenges. The small-town setting in
which nearly everyone knows one another makes victims
embarrassed to seek help, and police and judges sometimes
reluctant to hold neighbors accountable for their violence.
Traditional views about families and gender roles persist in some
rural areas, and isolation can be an additional problem.
Yet rural folk are known for working together to solve local
problems,
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and community disapproval is a strong deterrent in areas with
close interpersonal ties and shared values. If county sheriffs and
other law enforcement agencies give priority to training officers,
promptly responding to calls around the clock, providing
necessary transportation to victims, and serving protection
orders, excellent results can be achieved. Courts in rural areas
must also make protection orders available without charge.
Someone in the system, either an advocate or court employee,
must also provide support to the victim. The Council found that
attitude, training, and assistance for victims at the courthouse
were the most fundamental elements in rural communities with
effective services. Thus, each successful program listed has a
strong partnership between the court and community-based
programs that offer protection to victims, punishment and
treatment of abusers, coordinated community work, and attention
to the necessary details. Each part of this network must be well
trained and serious about preventing and responding to family
violence.
Tri-State Coalition Against Family Violence
P.O. Box 494
Keokuk, IA 52632
(319) 524-4445
This coalition serves both victims of domestic violence and
victims of sexual assault. It provides a crisis hotline, a shelter, a
crisis intervention service, community outreach, court and legal
advocacy, sexual assault services, child advocacy, out-client
services, a women's group, and a batterer's group.
Iowa passed a mandatory arrest law in 1986, which the coalition
credits with substantially changing police attitudes and
responsiveness. In most cases, assault charges are filed and
police call victim advocates at the time of arrest. The advocate is
given a police escort and meets police at the site of the assault,
even if it means an hour's drive. Defendants are held in jail until
an arraignment and hearing, which is scheduled within twenty-
four hours of arrest. Courts treat all domestic violence cases as
potentially lethal.
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The parties have assistance at every step. All defendants have
attorneys and all have advocates. The prosecutor will not drop
charges. A no-contact (protection) order is usually issued as a
condition of release on bond. If the batterer is convicted, this
protection order will remain in effect for one to two years.
Sentencing of a first-time offender usually means two to five
days in jail, court costs, restitution to the coalition for service
costs, participation in the sixteen-week men's group, and
probation. This sentencing is supported by Iowa's state
legislation.
The coalition, the courts, law enforcement, and the community
see themselves as partners in a "get-tough" approach to stop
domestic violence. The new law plus the partnership between the
coalition and the police appears to be having a real deterrent
effect, and police feel the presence of the victim's advocate is
helpful to their ability to respond effectively to difficult cases.
The word is out in the community that wife beating means jail.
The local prosecutor has found that the policies of mandatory
arrest, no-drops, and automatic requests for no contact orders
have made management of family violence cases much easier for
his office.
Rural neighborliness is reflected in the twenty-four-hour, "go-
any-where-we-must-philosophy." The coalition's board of
directors is representative of the broad community, and members
are very active. Mutual evaluation and feedback between the
coalition, the police, and social service agencies are given on a
regular basis.
Civil Protection Order Programs
Today, all fifty states have enacted legislation providing for
protection orders, which are the most available remedies for
domestic violence victims. To be effective, such orders must be
easily accessible, be consistently enforced, and provide detailed
relief. A major weakness in many areas is monitoring compliance
with these orders, and few courts have developed formal
methods, such as those used to track offenders on probation.
Those that do have found the use of victim advocates to be an
effective method of assisting the victims and the court, screening
for any ongoing violence, and making sure children in the home
are safe.
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Committee to Aid Abused Women
Second Judicial District Court
Protection Order Program
Washoe County Courthouse
75 Court Street, Room 103
Reno, NV 89520
(702) 328-3468
This program is noted for its streamlined procedures and
dedicated judicial support. A concerned judge developed forms
and procedures to make protection orders readily available.
When it was deluged with applicants, the Washoe County Second
Judicial District Court hired a special master (a judge with limited
duties) to hear these cases full-time.
A special office for the protection order program is located in the
Reno courthouse with three private interview rooms, a waiting
room, a staff office, and a children's play area. Well-trained
clerks and advocates assist the victim, and a bilingual advocate is
available. An intake interview is conducted and detailed
information is collected. The victim is given basic information
about domestic violence, the court system, and community
services, and views a videotape. An appointment with the special
master is set, and the hearing is usually held in his or her
chambers. Applications for protection orders must be heard
within one day of filing, and the victim does not need an
attorney. This judge is very well trained and sensitive to domestic
violence issues, and generally reminds the victim that it is not her
fault and that nobody deserves to be abused.
About 80 percent of the orders requested are granted. They often
prohibit the abuser from any personal or telephone contact with
the victim, remove him from the residence, prohibit him from
going to the victim's place of work or children's school, award
temporary child custody, and address other matters. When she
receives the order, the victim takes it to the clerk's office for
filing then to the sheriff's department. She pays a twelve-dollar
fee if she can, and the sheriff's deputies serve the order on the
abuser. The deputies also help the victim carry out provisions of
the order such as escorting the person leaving to retrieve
belongings from the home. They may assist the victim in getting
custody of children, confiscating weapons or house keys, or
getting an
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abuser out of the home. Service of a protection order by a peace
officer helps convey the message that domestic violence is a
crime.
The victim is usually ordered to attend the domestic violence
education program. This one-session, two-hour class provides
information about family violence, legal options, related issues,
and community services. Each victim receives a self-help and
reference manual. After a hearing at which both parties are
present, generally two to four weeks later, the order may be
extended for up to one year.
If the order is violated, arrest is mandatory. The abuser may be
charged with violating the order or held in contempt of court,
either of which can mean a fine and jail. The Committee to Aid
Abused Women works under a contract with the court, and its
advocates help women prepare forms, provide information about
court procedures, and provide other services the victims need.
The system has been praised by victims for helping themand for
working. One unique feature is gold star pins provided to
victims, which help create a network in the community.
Pennsylvania Coalition Against Domestic Violence
2505 North Front Street
Harrisburg, PA 17110-1111
(717) 234-7353
The Council also praised the Pennsylvania Coalition Against
Domestic Violence as one of the oldest and strongest state
coalitions in the country. The coalition has been in place since
1976, when Pennsylvania passed the first domestic violence
coalition in the United States. Since its beginning, the
Pennsylvania Coalition Against Domestic Violence has been
committed to four principle goals:
1. The development of a statewide network of direct services for
the safety and welfare of victims
2. Advocacy efforts to improve the various systems and
institutions directly involved with domestic violence victims
3. Community education and prevention programs
4. Providing training personnel both statewide and in different
communities
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The program has always focused upon a blend of services to
victims and advocacy toward social change. It developed one of
the first training manuals for police officers, as well as training
for virtually all of the other professionals involved in the public
and private systems. Today, the Pennsylvania Coalition produces
a wide variety of videos, manuals, handbooks, and course
curriculum materials for courts, police, family lawyers, victims,
children, and the public. Its legal advocacy office assists other
attorneys, advises legislators, and works with public agencies and
other professionals. Pennsylvania's own laws reflect the
dedication of the state toward ending domestic violence,
including, among many other provisions, funding for advocacy
and the requirement that domestic violence be considered in child
custody cases. The first priority when committing resources is the
safety of the victims.
Prosecution Programs
The Council also looked at successful prosecution-based
programs. As changes in law enforcement and public attitudes
have led to a dramatic increase in arrests for domestic violence,
prosecutorsstate, district, or county attorneyshave been faced
with new challenges. Not only has the increased workload from
these cases proven difficult, but the changing view of family
assault as a serious crime and the lethal nature of many such
cases have forced prosecutors to find new ways of responding
promptly and effectively.
The Domestic Violence Unit
Office of the San Diego City Attorney
1010 Second Avenue, Suite 300
San Diego, CA 92101-4903
(619) 531-4040
The Domestic Violence Unit of the San Diego City Attorney's
Office, under the guidance of Deputy City Attorney Casey G.
Gwinn, has developed a strong, energetic, and well-organized
system for dealing with domestic violence which has been used
as a model for prosecutors across the country. The prosecutor
takes full charge of each case. The
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victim is not required to sign a formal complaint; it will be signed
by a deputy city attorney. The decision whether or not to file
charges is made by the prosecutor. If there is sufficient
independent evidence, charges can be filed without the victim's
full involvement, though she may be subpoenaed to appear and
testify at trial.
The prosecutor views all of the cases in which charges are filed
as serious, violent criminal behavior. Charges are not reduced to
lesser offenses. The city attorney staff notifies the victim of all
hearings and outcomes, explains procedures, and tries to
maintain a rapport with her throughout the prosecution of the
case.
The Domestic Violence Unit has also produced a manual,
Domestic Violence Misdemeanor Prosecution Protocol, for all its
attorneys, which is an excellent resource on domestic violence
dynamics, policies, requirements, and sample court forms. The
unit works closely with the county attorney's office, the San
Diego Domestic Violence Council, the San Diego Task Force on
Domestic Violence, and many professionals who work under the
guidance of the task force. Some of the accomplishments of the
task force include the creation of a protocol for all law
enforcement agencies, training sessions for judges and their
staffs, a protocol for hospitals and physicians who treat domestic
violence victims, standards for those treating batterers,
advocating for funding for the Domestic Violence Unit, and
helping to create a special unit in the county probation
department. It also assisted in the creation of the Family Violence
Project at Children's Hospital to establish a national model for
intervention in cases involving both spouse and child abuse,
produced a training video for law enforcement agencies, and
helped reduce the 1990 domestic homicide rate in the city by 61
percent. Eighty-eight percent of the cases prosecuted are resolved
with a conviction.
In all cases set for trial, the prosecutor prepares a trial brief from
samples available in the training manual and on computer, which
sets out the facts of the case and the applicable law that supports
the prosecutor's case, as well as addresses other legal issues. This
brief is a part of the thorough preparation which contributes to
the high conviction rate. Sentencing following a guilty plea or
conviction at trial includes jail time, a one-year treatment
program, and other orders.
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The Council suggested that other jurisdictions, as a starting point
toward developing such a program, assign one prosecutor to
specialize in domestic violence cases. This can generally be done
through reallocation of staff and existing resources from non-
violent misdemeanors to crimes of violence and the gradual
addition of staff over time. As stated by John J. Witt, San Diego
city attorney, in the Council's book, Family Violence: State of the
Art Court Programs, "Comprehensive misdemeanor prosecution
of domestic violence cases will save lives, break the generational
cycle, and dramatically reduce the number of felony burglaries,
assaults, rapes, kidnappings, and murders that often result if the
violence is allowed to escalate. Few crimes are as central to the
destruction of the American family as domestic violence. Early
intervention is the only strategy that will stop the violence before
it can replicate itself in the lives of the children who witness the
violence."
Offender Accountability
The Council took a close look at the difficult problem of holding
offenders accountable for their actions. There is substantial
controversy over whether or not such programs really work, the
best format for the programs, and how much time is required of
the participants. Most programs work with the courts under
mandatory treatment orders. Supervising a large number of cases
is a difficult task for any court system. Yet a number of programs
have been very successful.
The Council recommended that every sentence in a family
violence case should order the offender to be involved in
activities specifically designed to reduce future violence,
including alcohol and drug evaluation and treatment if necessary;
formal supervision and monitoring of compliance, with
substantial penalties for repeat violations; diversion into treatment
only after an admission of responsibility and in extraordinary
cases; maximum supervision by probation departments; and
specific standards for batterer's treatment and education
programs.
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Stipulated Order of Continuance Program
Bellevue Probation Department
P.O. Box 90012
Bellevue, WA 98009-9012
(206) 455-6956
This program, called ''SOC," is the effort of four public and two
private agencies which meet regularly to provide a coordinated
and immediate response to domestic violence cases in the
community. Each agency becomes involved right after an arrest.
The agencies involved in the program include the police
department, prosecuting attorney, district court, probation
department, Eastside Mental Health Agency, and Eastside
Domestic Violence Program. The probation department has a
unique program comprised of volunteer probation officers who
are continually trained and closely supervised.
To be eligible for the SOC program, an offender must
acknowledge his abusive behavior and be found amenable to
supervision and treatment. The victim is also consulted for her
opinion. If the batterer successfully completes the program, the
complaint is dismissed; otherwise, he continues in the court
system.
Washington has a mandatory arrest law where there is probable
cause to believe a crime occurred. Officers also give each victim
a fifty-page booklet that explains domestic violence, police
procedures, security, emotional support services, and other
resources. The defendant is taken to jail, booked, and if he is to
be released on bail, a no-contact order is issued. If the charge is a
felony or the abuser has never been arrested before on assault
charges, he is not considered eligible for the SOC program.
Before any abuser can be admitted, he must convince a probation
officer that he understands his responsibility for the crime and
really wants the treatment.
Offenders who go into the program are given the same
monitoring and services as a defendant on probation. The abuser
must attend individual and group therapy programs at Eastside
Mental Health for at least six months. Therapy includes anger and
violence counseling. Each
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participant is also evaluated for drug, alcohol, or mental health
problems, and referred to other treatment if necessary.
Defendants pay for the program on a sliding fee scale. If the
abuser successfully completes the program with all required
treatment and no new arrests, the complaint is dismissed after
twelve months.
Two factors, in particular, make the SOC program successful:
first, the high degree of cooperation by the six agencies; and,
second, the immediate, coordinated response to each case. The
quick response helps protect the victim and assure that the abuser
will be held accountable, as well as receive the best chance to
change his life.
Diversion programs are controversial, and many police and
prosecutors oppose them. However, the Bellevue SOC program
is strongly supported by the local criminal justice system, as well
as local mental health advocates. Also, some feel that the
defendants may be strongly motivated by the desire to keep a
clean criminal record.
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Chapter Eight
Practical Information for Women Who Are Abused and
Those Who Want to Help Them
Today, more than ever before, women who are living with
domestic violence, as well as those who care about them and
want to help prevent and put an end to the tragedy of family
violence, have a wide array of resources available. Following is a
collection of information and ideas from many different sources.
For the Abused Woman
Women today who are abused or at risk for abuse have more
options than ever before. Coalitions, shelters, programs, books,
hotlines, advocates, and many other resources are available to
nearly all women through national, state, and local services.
However, before a woman can choose and locate the type of help
best suited to her circumstances, some self-examination to get a
clear picture of those circumstances may be required.
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Are You Abused or at Risk for Abuse?
According to the Domestic Abuse Intervention Project of Duluth,
Minnesota, certain behaviors of abusive men have been identified
as characteristic of the early stages of abuse that often precedes
physical battering. These personality traits are combined with
information on the predictors of domestic violence, as identified
by the National Technical Assistance Center on Family Violence
and published by the National Coalition Against Domestic
Violence. Women who recognize several of these traits in their
partners should take a careful look at the relationship, and
carefully consider getting out before it becomes violent.
1. Your partner has a history of growing up in a violent family, a
setting where he learned that violence is normal behavior.
2. He has a tendency to use force or violence to try to solve
problemsas indicated by behavior such as a criminal record for
violence, a quick temper or tendency to overreact to minor
frustrations, fighting, destructive behavior when angry, cruelty to
animals.
3. He abuses alcohol or drugs.
4. He has a poor opinion of himself, often masked by trying to
act tough.
5. He often exhibits jealousy, not only of other men, but also of
friends and family members.
6. He exhibits hypermasculine behaviorhe feels he should make
all the decisions, tell you what your role as a woman and his as a
man must be. He has very traditional ideas about appropriate
roles and behaviors of men and women, and thinks women are
second-class citizens. He expects you to follow his orders and
advice and may become angry if you can't read his mind and
anticipate what he wants.
7. He emotionally abuses you or other women with name-calling,
putdowns, humiliation, and attempts to create guilt.
8. He isolates you by telling you who you may see or talk to,
controls what you do and where you go, even what you read. He
keeps tabs on your every move, and wants you with him all the
time.
9. He intimidates you and makes you afraid through looks, anger,
actions, a display of weapons or gestures. He destroys your
property or abuses your pets. He enjoys playing with lethal
weapons, and
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threatens to use them against those he feels wronged him. You do
what he wants you to do, and constantly work to keep him from
getting angry.
10. He portrays ''Jekyll and Hyde" behavior. He goes through
highs and lows, as though he is two different people, and he
swings from extremely kind to extremely cruel.
11. He uses coercion and threats. He tells you he will hurt you,
leave you, or kill himself if you leave. If you file charges against
him he makes you drop them by threatening violence or suicide.
Have you changed your life so you won't make him angry?
12. He treats you roughly, and physically forces you to do things
you do not want to do.
13. He often denies his actions, minimizing or making light of his
own abusive behavior, refusing to take your concerns seriously,
and blaming you for his behavior.
14. He economically abuses you by preventing you from getting
or keeping a job, controlling all the money in the household,
making you ask for money, or concealing his income.
Women in relationships where these behaviors regularly take
place are already abused, even if the physical violence has not
started. These signs should be taken very seriously.
Sometimes people are occasionally nasty, but generally treat their
partners well, so it is not so clear as to whether the behavior is
abusive or merely the less pleasant side of normal human nature.
Often the way a victim feels or acts can be a clue that occasional
moodiness has crossed the line into abuse. Ask yourself if you
have begun to doubt yourselfdo you wonder if you are crazy? Do
you look at yourself and what you do in a different way? For
example, if you once considered yourself a good cook, a talented
singer, a competent worker, has this changed? Do you doubt your
own judgment? Are you afraid of your partner? Have you
stopped expressing your opinions? Do you hesitate to make
decisions before asking your partner's permission? Have you
stopped seeing friends, taking classes, going out when you
choose? Do you spend a lot of time watching your partner's
moods? One of the simplest things a woman can
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do to begin the process of change is to begin to say different
things to herself. Reassure yourself that you do not deserve
abuse, that you do not have to tolerate mistreatment. Remind
yourself of your positive traits, your accomplishments, all the
things you can do and have done.
We all have human imperfections. Sometimes we can benefit by
working, either on our own or with the help of others, to make
changes in ourselves that will improve our lives. Everyone has
room to grow. But nothing gives one human being the right to
use violence against another except in self-defense to stop
violence. Even if you have behaved in a way toward your partner
that you or he does not consider rightsuch as yelling, nagging,
engaging in infidelity, or criticizingthat does not give him the
right to hurt you. It may give him the right to get angry, to tell
you to stop, to argue, or to leave you. It does not, ever, justify
violence. You may have provoked his anger. But you did not
provoke his violencethat is his choice, and his problem. Healthy
menthe vast majoritydo not hit women who make them angry.
They have other ways of managing and expressing their anger. If
he abuses you, it is not your fault, you did not "cause" the abuse.
There is no shame in seeking assistance. And most, if not all,
programs protect your privacy. The Women's Community
Association of Albuquerque characterizes respect and
confidentiality as mainstays of their programs.
Battery is against the law. You are not responsible for your
partner's violent behavior, even though he probably tries to
blame you. No one deserves abuse. You have the right to insist
that you live in a peaceful home, and your children grow up in a
home free from violence. Nothing justifies abuse, and if your
partner is truly sorry, he needs to get help to learn alternatives to
abusive behavior. As Ginny NiCarthy writes in Getting Free: A
Handbook for Women in Abusive Relationships, you have certain
fundamental rights: "The right to speak your mind. The right to
privacy, choices, some free time, some money of your own,
friends, work, bodily integrity, freedom from fear, treatment with
respect and dignity."
Breaking Free from an Abusive Relationship
Women who are abused often feel that they have no choices. But
all have at least some options, though they may be unaware
alternatives
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exist, either because they lack the information or have been so
severely abused that they are literally paralyzed. Yet women can
escape. In the words of one survivor quoted on a public
television announcement, "You can't change other people, but
you can change yourself."
Following is a list of options experts in the field suggest
considering. If you are an abused woman, not all of these choices
may be right for you, nor all of them available. But at least some
of them are worth considering, and even a small step toward
taking control of your life can be the first step toward complete
freedom and healing. While some women flee all at once, leaving
does not have to be a snap decision, and advance planning can
make separation both easier and safer.
The idea of finding another place to live, supporting yourself and
your children, and changing your whole life in one fell swoop
can be overwhelming, even without the added complication of
living in a violent home. Add the uncertainty, psychological
damage, and terror that come from constantly existing in a
dangerous setting, and the situation can be almost paralyzing.
Yet there is an old saying that holds a lot of truth: Yard by yard
it's hard, but inch by inch it's a cinch. You can accomplish a
tremendous amount by taking small steps toward freedom so
when you feel ready to leaveor when an emergency arisesyou
will be better prepared and it won't be such an ordeal.
The National Coalition Against Domestic Violence has prepared a
list of recommendations on what a woman can do if she decides
to stay for the time being, based on NiCarthy's Getting Free. The
following list includes the recommendations of NiCarthy and the
NCADV, plus ideas and suggestions from various other sources.
1. Get information. By reading this book you are taking a step
toward freedom and a new life. Read othersmany more are listed
in the appendix. Learn about your situation and what options you
have. Many of the organizations listed in the back of this book
will send you free brochures and information if you write or call.
Your state domestic violence coalition is a good place to start.
Gather up the telephone numbers of all the people and agencies
you could call
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upon for help in an emergency and afterward: hotlines, the
police, shelters, friends, the sheriff, family, the church, the
prosecutor's office, the public library, the YWCA, the Salvation
Army, state and local domestic violence coalitions, and general
crisis or self-help lines.
2. Go ahead and call the local crisis line, hotline, shelter, or
coalition for help and information. Even if you don't want to
leave the relationship now, even if you truly believe what
happened was an isolated incident that will never happen again, it
is a good idea to find out what services are available in your
community in case there ever is a second time. Ask about crisis
accommodations for you, your children, and even your pets. Will
they come pick you up in the middle of the night if necessary?
Find out how long you can stay. Do they provide, or give
references to, other services, such as counseling, legal assistance,
court advocates? If you would have to travel to another town to
reach a shelter, find out how to get there. Remember that shelters
aren't only for poor people, they help women of all income
levels. Also, be aware that most shelters offer support to women
not living in the shelter as well. Most provide counseling, group
sessions, and referrals to anyone who needs them.
3. Pack a bag with emergency supplies such as a change of
clothing for yourself and your children, a toothbrush, some cash,
canned and nonperishable food, and telephone numbers for
friends, the local shelter, taxis, and anyone else you may need to
turn to in an emergency. Try to leave it at the home of a trusted
friend or family member who lives nearby. If no one you trust
completely is close, you may want to consider a locker at a bus or
train station or the airport.
4. Tell trustworthy, supportive friends and family members what
is going on. They can be prepared if there is a crisis, offer
emotional support, and help in many different ways, from simply
listening to providing transportation and child care. Tell your
children's teachers and school principal about your situation. If
you have a protection order, give them a copy and ask them not
to release the children to the abuser. Write a letter in your
handwriting to someone you trust detailing what your abuser has
done to you, his full name, when
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incidents occurred, and sign and mail it. It may be useful later as
evidence. Do be careful to confide only in those who truly care
about your well-being. If anyone tells you the abuse is your fault
or that you should accept abusive treatment, that person does not
have your best interest at heart. Never listen to this kind of talkit
is flat out wrong.
5. Many professionals recommend self-defense training. This
type of class can also help you build self-reliance and emotional
strength. However, don't count on such training alone to make
you safemany women can still be overpowered by an enraged
man and end up getting more seriously injured if they try to fight
back. Also, most say to avoid bringing weapons into the home.
Far too often, weapons, especially guns, are used against the
victim or end up in the hands of children.
6. Talk to a legal advisor. Find out about restraining orders,
divorce, and other legal concerns. Many communities have legal
advocates, lawyer hotlines, or legal aid groups that can provide
free advice and referrals to lawyers.
7. Talk to your children about what is happeningthey are almost
sure to know what is going on, or at least that things aren't right,
even if you don't think they have ever witnessed the violence
directly. Make certain they understand that the violence is not
their fault.
8. Prepare a safety plan for yourself and your children. Make list
of telephone numbers of people you are sure you can depend on
in an emergency, preferably people you have talked to about the
violence and who have offered to help. Include the phone
numbers of shelters, and keep this list in your wallet. If someone
you trust lives close to you, ask if you could have keys to his or
her house in case of emergency. Have an extra key for your
house and car made, and keep them in your wallet as well. You
may also want to line up people who can loan you money in an
emergency.
9. Begin thinking about what it will be like to live independently.
Consider whether or not you will want to change jobs, if you are
employed, or what kind of work you would seek if you are not.
Look into job training programs, apprenticeships, classes in your
community, public aid programs. Acquire new job skills. Learn
about community
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college or extension courses, teach yourself to use a computer,
find out where to sell garden products, handcrafts, baked goods,
or other things you know how to make. Your public library can
help you get this information, as can women's self-sufficiency
programs, the YWCA, local schools, and state job training and
employment programs. Find out what is out there.
10. Be aware that leaving is going to be hard, stressful, and
emotionally draining. Take care of your health. If you start to
have doubts or fears about getting out of the relationship, keep
yourself focused on why you have to go. Remember the worst of
the violence. Remind yourself that women die by the thousands
every year at the hands of men who claim to love them. Look at
the statistics at the beginning of this book again.
11. Get important documents together, such as your driver's
license, birth certificates for you and your children, insurance
papers, passports, social security cards, wedding and baptism
records, school records, investment records, documents from any
public assistance program, leases, titles to your car and other
property, savings account books, checkbooks, credit cards,
paycheck stubs, tax returns, and medical records. If you think
moving or removing these things will cause suspicion, make
photocopies. Copy machines are available at public libraries, post
offices, and copy shops.
12. Gather up the possessions that have special sentimental value,
such as family photos, heirlooms, children's drawings, jewelry.
Vengeful partners often destroy a woman's property when she
leaves. Also consider petsabusers often turn on them.
13. Don't tell anyone where you plan to go unless you trust them
completely. Remember, abusers often become the most
dangerous when women try to leave. Try not to leave any
evidence of the changes and preparations you're making where
he could find them. Have plausible excuses ready in case he does
find cash you've hidden, for example. Say you were saving for a
present for him, a special dinner out for the two of you,
something for your child.
14. Become familiar with your monthly expenses. List what you
spend for groceries, rent, medical care, child care, transportation
to and
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from work, insurance, and any other fixed expenses. You may
need this information to complete forms for restraining orders,
social assistance programs, or other purposes. It's also a good
way to assess how much you will need to earn on your own.
15. Go ahead and do things on your own. Get a new job, make
friends, hire a sitter, and go out now and then. Some partners
won't notice the newfound behavior or will grudgingly put up
with it. Some partners bully only those who are afraid of them. It
may be best to make these changes during a ''honeymoon phase."
Do consider the risk involved, and proceed with caution.
16. Start changing your life secretly, a little at a time. Save money
out of the grocery fund, garage sale proceeds, or any separate
funds you may have. Even a small amount can make a big
difference. Try to keep enough money with you all the time to
pay for a cab to a safe place and, if you don't have a trustworthy
friend nearby, enough to pay for one or more nights in a motel.
Keep small change in your purse or pocket at all times for pay
phones. Get a credit card in your own name, and have statements
sent to your workplace or the home of a trusted friend.
17. Don't tell the abuser you're going to a daytime class or
support group, but go. Join a battered woman's groupyou don't
have to be out of the relationship first. Get out and meet new
people. Rekindle old friendships.
18. Make a list of the advantages and disadvantages of leaving
and staying.
19. Learn the signs of coming violence. Work on sharpening your
observation skillsDoes he drink more, find petty things to
complain about, want to go out everynight, sit morosely in front
of the TV more than usual? Notice changes in your partner before
he goes into a violent rage. . .his tone of voice, what he says, his
habits, his behavior toward you and the children. Know and be
as certain as you can whether these changes take place weeks or
merely hours or minutes before the violence.
20. Write down these clues in his behavior. You will have a sense
of the pattern and you will feel more self-confident of what you
observe.
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21. When you see the signs coming, or preferably before, get out.
Go to a trusted friend's or relative's housea place where there is
plenty of room for you with people who care about you. Be
careful not to go back too soonhe may be hanging on to the rage
until you return. Stay until you can be sure the rage is spent. Use
a third party to speak to your partner periodically so you can
avoid being talked into returning too soon, and you'll get more
reliable information.
22. Know which motel you might go to and how to get there.
Travel from your house to it several times for practice so, in a
time of high stress, you will be familiar with the route and the
location. You may want to scout out parking that will be out of
sight. It's also a good idea to consider several alternatives in case
one motel is full.
23. Develop the habit of backing your car in the driveway. Leave
the driver's door unlocked, but be sure to lock the other doors.
Make sure your abuser doesn't block you inin that case park on
the street and make up an excuse.
24. Work out a signal system with a neighbor (preferably one
who is home a lot) in case you need help, for example, a
designated window shade in the down position means for him or
her to call the police. Make sure the neighbor knows the signal
and what to do. Some women also develop a code word to tell
children, neighbors, and friends that they need to call the police
and help you get out.
25. Remove from the wall or countertop any knife rack with
knives in it. Get rid of the rack or put the knives in a hard-to-
reach place, or give them to someone else for safekeeping. Also,
put scissors, letter openers, and other sharp objects in hard-to-
reach places.
26. Make a plan so you know what you can do if the phone wires
are cut or if you find yourself without electricity. Keep flashlights
handy and batteries fresh. Know where the closest pay phone is
located and how to get there by either walking or driving. Locate
the closest all-night store and other places you could go where
there are people.
27. If there are guns in the house have someone teach you how to
safely unload them. Keep ammunition in a separate place, or if
you anticipate coming violence get rid of it. Lock it in a file
drawer or put it in some out-of-the-way place. Unload any and all
firearms.
28. Try not to wear scarves, long necklaces, loose clothing, or
jewelry.
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Clothes can be grabbed and anything around your neck can be
used to strangle you.
29. Keep a good supply of gas in the car and try to have it in
working order at all times. Learn to drive if you do not know
how.
30. Rehearse your departure. Be sure not to tell the abuser you
are leavingto protect yourself. He will probably become more
enraged and try to stop you if you do. Anticipate the violence
early enough so you can slip away while he is at work, or if he
does not leave the home to work, say you have to go out for a
common reason, like you need to get milk, groceries, diapers, or
a prescription. Offer to pick something up at the store for him.
You might want to tell him you promised a neighbor you'd bring
her a recipe, a book, or a scarf she asked to borrow. Have several
plausible reasons for leaving at different times of the day or
night.
31. If the rage builds up at night, plan to have a reason to go
outside. Start to do the laundry, walk the dog, or throw out the
garbage late at night. Keep things in the garage or your car that
you might need inside, extra garbage bags or light bulbs, for
instance. Keep coats, hats, and gloves close to each door.
32. Keep those extra keys and telephone numbers, as well as
some extra cash, in your wallet purse at all times. Always know
where it is and keep it within grabbing distance so you can get it
on your way out.
33. Once outside the door, just keep going. Get into the car and
drive away as quickly and quietly as possible. If you don't have a
car, get on a bicycle, go on foot, whatever it takes.
34. Plan to take your children. They are probably terrified by the
current or coming violence. They may be less frightened at
getting up and being rushed away from a threatening person than
finding out in the morning that you have disappeared without
saying goodbye. Even if the abuser has never battered the
children, you can't be sure he won't start now, especially when he
discovers you have left the house.
35. Plan how you will make your escape with your children. It is
more complicated than making it alone, but good preparation can
make things easier. Talk with them periodically about the
importance of safety. Teach older children to call a relative, a
friend, or the police
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when they hear or see violence. Teach them to go next door to a
neighbor's house, business, or some place close to call the police.
36. If you have a baby, tell your partner you hear him or her
crying. Take the baby out of the crib and go out a back door or
window before your partner realizes what is happening. Keep
extra blankets close to all doors.
37. If the events happen so fast that you have to leave without the
children, arrange to go back for them as soon as possible. Either
pick them up at school or return to the house with a police
officer.
38. Ensure the children's physical safety. Let them know you
have not abandoned them. You are also protecting your right to
custody by getting them as soon as you can.
In addition to taking active steps toward ending an abusive
relationship, a woman in this difficult situation needs to look
within herself to begin rebuilding her sense of value as a human
being, her self-image, her self-worth. Ginny NiCarthy's
handbook Getting Free includes a series of simple exercises for
women who are on this path, as well as practical ideas and
advice.
Dr. Susan Forward's book, Men Who Hate Women and the
Women Who Love Them, also contains helpful suggestions and
sound advice. Among other things, Forward recommends
adopting what she calls a "personal bill of rights," which
includes:
1. The right to be treated with respect
2. The right not to take responsibility for anyone else's problems
or bad behavior
3. The right to get angry
4. The right to say no
5. The right to make mistakes
6. The right to your own feelings, opinions, and convictions
7. The right to change your mind or decide on a different course
of action
8. The right to negotiate for change
9. The right to ask for emotional support or help
10. The right to protest unfair treatment or criticism
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One of the most basic rights of every human being lies at the
heart of the domestic violence problem. As stated by Ann Jones,
author of many books and articles on battering, ''All women, like
all men, have a right to live free from bodily harm."
"It does not get any better, they don't changeask one of us. Living
in fear is not living," says abuse survivor Jane Fraher.
Safety
As mentioned before, a woman is often in the greatest danger
when she leaves a violent relationship. Many women are stalked,
attacked, even killed by former intimate partners. The following
safety and security recommendations can help protect you when
you feel you may be at risk from someone you have left. Some
are merely precautionary measures, while others can be effective
if you know you are being stalkedand by whom.
Safety Plans
Safety plans have gained a great deal of attention in recent years.
A simple, concrete planwith telephone numbers, step-by-step
instructions, and alternatives listed in one placecan be a life-
saving tool to a victim who may not be able to locate or
remember vital information in the midst of a crisis. Advocate,
prosecutor and former battered woman Sara Buel often stresses
the importance of a safety plan, which she describes as an action
plan detailing how to stay alive, as the victim's top priority.
There are many, many forms and lists for drafting safety plans,
available to those who need them. Your local shelter, police
department, or domestic violence coalition may have a checklist
you can use to formulate your plan. It's Not Okay Anymore, by
Greg Enns and Jan Black, a book widely available at public
libraries, includes detailed instructions on building a safety plan
to suit your needs. Consider the tips listed throughout this
chapter as you formulate your safety plan.
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Residence Security
1. Be alert to any suspicious persons. Don't ignore "funny
feelings." If a noise or just the atmosphere makes the hair on the
back of your neck prickle, be especially cautious. Trust your
intuition.
2. Ask anyone who knocks at the door to identify him- or herself
before you open the door. Always ask service people, delivery
workers, sales-people, charity collectors, even police for
identification. Install wide-angle viewers on main entries.
3. Install a porch light at a height that makes it hard to reach. Put
in other outside lighting as well. Trim and illuminate shrubbery.
4. Make sure you have dead bolts on all outside doors. If you
cannot account for all the keys, get the locks changed. Have only
the spare keys you absolutely need, and keep them secure. Make
sure windows have sturdy locks. Put a dowel rod in all sliding
glass doors and windows. Install locks on outside gates. Keep
doors and windows in other rooms locked even when you are at
home.
5. Keep the garage door locked at all times. If possible, get an
electric door lock and opener. Always park in a secured garage if
available.
6. Keep your fuse box locked. Keep flashlights and battery
lanterns handy in the house and garage, with spare batteries
nearby.
7. Consider installing a loud outside alarm bell that can be
activated in several places inside the house.
8. Get an unlisted telephone number. Make sure your employer
and all receptionists know it's unlisted and that your telephone
number and address are not to be given to anyone. Get a caller
identification box and an answering machine. With these tools,
you never need to pick up the phone without knowing the caller's
identity.
9. Make sure all members of your household trade information
about suspicious calls or activity. If odd calls or activity
continues, notify a local law enforcement agency. Ask about
"panic buttons" or other special protections they may have.
10. Keep in touch with neighbors, ask them to call you if they
notice suspicious vehicles or people, especially when you aren't
home. Form and/or join a neighborhood watch group. Your local
police department can help you set up such a group and provide
training and support.
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11. If there are firearms in the house, all adults should know how
to use them. Store ammunition in a separate but nearby location.
Be sure any guns or other weapons are stored out of the reach of
children and preferably locked.
12. Report any direct threat against a member of your household
to a law enforcement agency. Never dismiss a threat as just talk.
Listen carefully, record it if possible, or write it down so you
recall exactly what was said. If anyone else witnessed the threat,
tell the police. Police officers say they would rather answer one
hundred calls that turn out to be nothing than one that involves a
homicide.
13. Thoroughly check out anyone employed to work in your
home before you hire the person. Make sure he or she
understands all security rules. Have a strict policy that the
employee does not discuss family business or schedules with
anyone.
14. If anything suspicious shows up, such as a box or package
that you did not order or expect, do not move it. Call the police.
15. Keep fire extinguishers and smoke detectors handy in all
main areas and keep them in good working order.
16. Tape emergency numbers to all telephones.
17. Get an automatic timer for your lights. Use it when you are
going out for the evening, not just for extended absences.
18. Make a safe evacuation plan, make sure all household
members know about it, and practice it occasionally.
19. Get a dog. A family dog is one of the least expensive and
most effective alarm systems. Some breeds are considered better
watchdogs, but any dog will bark at an intruder.
20. Know the whereabouts of family members at all times.
Children should be accompanied to school or bus stops. Be sure
children are taught basic safety rules, such as never to take rides
or gifts from strangers.
21. Vary regular routes for driving and walking from time to
time.
22. Keep trusted friends and neighbors informed about what's
going on. Give them a photo or description of the suspected
stalker and his vehicle. Be sure to tell them if you are going away
on any trips. Have neighbors pick up mail and newspapers or
have delivery suspended while you're gone.
23. If you live in an apartment or condominium with an on-site
manager,
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door attendant, or valet, give him or her a picture or description
of the suspect.
24. If you are moving into a new apartment or condominium,
check security features carefully and inquire about past problems.
An upper floor apartment is considered safer. Insist that all
windows and doors have sturdy locks.
Public housing authorities sometimes move people with orders of
protection to another apartment or change their locks free of
charge. For example, the Victim Service Agency in New York
City employs four locksmiths who change some three hundred
locks per month for crime victims, one-third of whom are
battered women. New York also has a progressive human rights
law that forbids landlords from discriminating against a battered
woman or requiring her to divorce her abuser.
Work Security
1. If there is a receptionist, or you have a secretary, he or she
should screen all calls, visitors, mail, and packages. Do not
accept packages you didn't order or do not recognize.
2. Keep staff or security alerted to all suspicious people and
packages that turn up somewhere they don't belong.
3. Pay attention to keys, locks, and security codes. All should be
changed from time to time, especially after employee turnover.
4. Park in a secured area if possible. If you have to park in a lot,
be sure there is adequate lighting. Leave the building with others
if possible. If your name is on a reserved space, have it removed.
Be alert to anyone watching or following you on foot or by car.
5. If there is a security director or guard on site, be sure he or she
is aware of your situation and has information about the suspect.
Personal Security
1. Remove your home address from personal checks and
business cards. Use your work address or get a private mailbox
service (not a U.S.
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Postal Service box) if necessary. Have all personal mail sent
there. Make this your official address. Destroy all your discarded
mail. File a change of address card with the post office listing this
as your new address. Send cards with the new address to friends,
creditors, and business associates, and request they remove the
old address from their personal address books, files, and
directories. Be careful who knows where you live.
2. Request that credit reporting agencies remove past addresses
from your credit history. File a change of address with the
Department of Motor Vehicles and get a driver's license with your
new address. Do this for other identification or membership
cards as well.
3. You can place your real estate in the name of a trust, and put
your utilities and tax identification in the name of the trust.
Lawyers who deal in real property matters can take care of this
simple procedure for a low fee.
4. File for confidential voter status or register with a private
mailing address.
5. Telephone services, such as call forwarding, caller ID, and
answering services are now relatively inexpensive. Call your
local service providers to find the right service for you.
6. Place residential rental agreements in another person's name.
This person's name should not appear on service or delivery
orders to the residence. You can use a business or other name for
such purposes.
7. Notify your local law enforcement precincts about your
situation. Ask for periodic police drive-bys. Some departments
provide a free home security checkup.
8. Document and report any instances of harassment. Note the
date and time of any telephone calls. Get statements from any
witnesses. Keep mail correspondence or any notes delivered to
you. If the stalker shows up, take pictures, use a video camera,
and call the police every time.
9. There are support groups in some areaslook into this option.
Discuss your fears and exchange ideas with people you trust.
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Vehicle Security
1. Park in well-lit or secured areas. Avoid lots where doors must
be left unlocked or keys surrendered; if necessary, just give the
attendant or valet the ignition key. Do not allow items to be
placed in or removed from the trunk except in your presence.
2. When you are parking in your residence garage, turn the light
on, and lock the car and the garage doors.
3. Install a locking gas cap. The hook-locking device should be
controlled from inside the vehicle.
4. Always check the back and front passenger areas before
getting into your car.
5. Find a reliable service station and mechanic for service,
maintenance, and repairs.
6. Keep your doors locked while you're driving.
7. Be alert for vehicles that appear to be following you. If you
believe you are being followed, drive to the nearest police or fire
station. Sound the horn to attract attention. If a police station isn't
easily accessible, drive to a heavily populated area such as a mall.
Plan ahead and know where these places are located.
8. Vary your schedule and routes.
9. Do not stop to assist stranded motorists. Drive to the nearest
safe telephone and call someone to help.
10. Get a car phone. Many cellular phones can also be carried in a
purse when you're out of the car. Service packages are available
that can keep the monthly maintenance cost fairly low if the
phone is not used often.
11. Shop at stores and shopping centers with security personnel.
Ask them to escort or watch you as you go to your car. Many
libraries, health clubs, and other businesses provide escorts. Find
out and use their services. If your stalker tries to approach you in
public, scream and run to the nearest populated area.
What Can a Friend or Family Member Do?
Often those people who care about a woman in an abusive
relationship want desperately to help her, yet feel at a loss as to
just what to do. Many
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times the victim seems reluctant to accept help, and this can be
extremely frustrating. Yet there are ways to make it easier for her
to make the final decision, which can only be hers, to do
something to change her life.
Above all, if she says she is being abused, believe her! Much of
what she tells you may be hard to believe if you've never been in
an abusive situation yourself. But women very, very rarely make
these stories up. Realize that by her telling someone, she has
made a tremendous step in the direction of freedom.
Offer her help whenever she needs it, day or night. Stash a bag
of clothing and other emergency supplies for her. Open your
home to her and her children if they need temporary shelter when
fleeing violence or when their time limit at a community shelter
has run out. Help her find a better job, a place to live. Give her
books, pamphlets, hotline numbers, and other information on
domestic violence. Provide her with a safe place to keep these
things, such as at your home, the library, school, work, a church,
or a counselor's office. Emphasize that it is not her fault, and that
she has a right to a safe and peaceful life.
One action that does not help a battered woman is to push her or
badger her to leave before she is ready. Remember, the point of
departure is often the most dangerous for her and for her
children. If she hides injuries or denies abuse, don't challenge
her. Offer a friendly ear and an open door, but don't try to force
her to talk about it or drag her out of the relationship, or you may
drive her away. Respect her decisions and her sense of timing.
Yet, keep in touch, even if she doesn't seem to want to maintain
the friendship. Keep your presence gentle, yet visible. Avoid
calling or stopping by when the abuser is likely to be there, but
find a way to contact her on a regular basis, just to say hello and
remind her you're there. You may be her only lifeline to the
outside world.
It is essential not to be judgmental of a woman who is not ready
to leave. Sometimes well-meaning friends or counselors berate a
woman for staying, which only damages her self-esteem further
and makes it more difficult for her to make the break. A ''tough
love" approach may be effective in some instances, but only
within the context of building, rather than putting down, a
woman's self-image. Tell her she IS strong enough to make it on
her own and that you don't want to get a telephone
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call that tells you she has been murdered. It is her responsibility
to make the decision.
Let her know that she does not have to put up with mistreatment,
that you value her, that you are afraid for her safety, and how you
are ready to help her. Research what is available in the
communitydo her homework for her. Call the shelter, hotline,
and state or local domestic violence coalition. Learn about police
and prosecutor policies on arrest and prosecution. Find out what
programs for victims and abusers are available locally, or if none
are, where the closest services are offered.
Realize that she is confused. As Ann Jones expresses, having a
person beat you up and then say he loves you may be the single
most confusing situation in the world. Sometimes your support
will make a tremendous difference, though you may never know
about it. Jones, who has interviewed hundreds of battered
women, has heard many express gratitude toward such friends
who made a difference, even though the woman did not feel
ready to act on the help offered at the time.
Battered women need support and the reassurance that there is
nothing wrong with them. Tell her she did not bring on the
abuse, she did nothing to deserve it. No one does. Make her
aware that she does have options. Remind her of her talents,
successes, skills, and abilities. Keep letting her know what
specific help you will providea ride, a place to stay, money.
Remember that she may have been truly brainwashed. Don't
expect a sudden change, though you shouldn't be surprised if she
does change abruptly. If you have offered assistance, be prepared
to drop everything and follow through no matter when her call
for help may come.
It's also essential to remember that a woman suffering from the
battered woman syndrome may say things or exhibit behavior
that seems crazy or senseless. These actions are survival
techniques that have their own logic and purpose in the context
of a life filled with violence and terror. Try not to judge and,
remember, once she is free, the bizarre behavior stops and her
old self usually returns.
Also be aware that for some battered women, the most difficult
step is not leaving but staying away. Offer her whatever support
you can to help her remain free from her abuser. Simple
friendship can make all the difference. For one woman, the
crucial factor was the kindness of a gentle man who befriended
her while she and her children were staying at a
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shelter, wondering whether to return home. He told the woman
she was worthwhile, pretty, a good personexactly the opposite of
the things she had been hearing for years from her abuser.
What Helps Abusive Men Change?
Men's groups seek to prevent the recurrence of violence in the
relationships of the the men who have come to the group as
batterers, and many also work to stop new violence before it
starts through education and changing community attitudes.
This can be difficult work in a society in which many men are
taught over and over that violence is an acceptable, manly
response to anger. Most children receive little or no training in
how to have successful relationships or deal with anger in
healthy ways. Boys are taught they must "act like a man," which
means being tough, dominating, and in control. They are
expected to fight to solve problems. Many men's groups discuss
these roles and expectations, and the effect they have on men.
The group setting allows the participants to see that they are not
alone, that other men have suffered from similar fear, confusion,
and lack of comfort in intimate relationships. While the men are
always required to take responsibility for their actions, they are
also recognized as human beings who have the potential to
change if they are committed to doing so. They are helped to heal
and learn how to have healthy relationships based on equality
and respect. Some of the leading men's programs in the country
are listed in the appendix.
Men who admit that they are responsible for abusing their
partners, who realize that they did something wrong and want to
change, have the best chance of successfully turning their lives
around. Most batterer's programs are open to any man who wants
to enroll. Most are either free or charge on a sliding fee scale,
according to income. Private therapy is also available in most
communities, and free or low-cost counseling is offered by many
churches, community mental health organizations, and other
sources. State domestic violence coalitions and local
organizations can provide referrals.
The earlier a man gets treatment, the better chance he has of
changing his behavior. Sometimes an older brother, trusted
friend, or other
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male the abuser looks up to can convince him he has a problem.
If someone you know or care about is abusive to his wife, try to
talk to him and urge him to get help, or discuss the problem with
someone else you think might be able to get through to him.
Domestic violence is not a "natural" behavior. It is a learned
behavior that takes years of trainingmost often years spent in a
violent home where the father controls other family members
through intimidation and abuse. Not surprisingly, it takes time to
unlearn such ingrained behavior and to replace it with positive
relationship skills. According to EMERGE, a leading Boston-
based men's program, successdefined as the total elimination of
violenceis most likely for those men who complete at least an
eight-month counseling program.
Batterer programs are expanding and improving as more is
learned about why the batterer behaves as he does and what
works to change this behavior. Many programs today cover
subjects such as developing better communication and coping
skills to prevent the cycle of violence from starting up again,
building self-esteem, stress management, setting boundaries,
anger management, and parenting skills.
San Diego County has one of the most effective batterer
treatment programs. There, prosecutors enforce a mandatory
treatment program, which requires at least six months of
treatment (up to two years) taught by certified, trained
counselors. Over the two years that followed the activation of
this program, the female homicide rate was cut in half.
Men who aren't willing to seek help on their own must suffer the
consequences. If they get treatment, it is often by court order.
Abusers are manipulative by nature, and quickly learn whether or
not they can get by with their behavior without suffering any real
punishment. The most successful programs combine at least a
taste of jail, some individual therapy, and group counseling that
covers education about the abusive relationship, behavior
modification training, anger management, and separate treatment
for substance abuse, if necessary. Above all, the abuser must be
held responsible and admit that the abuse is his fault, not his
partner's, if he is to make any meaningful changes. Sometimes,
helping to see that an abuser is arrested can be the kindest act you
can do for him, as well as for his victims.
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There is Hope
Domestic violence is a worldwide tragedy of staggering
proportions. Countless families have been, and continue to be,
devastated by its ravages. Yet there is a great deal of reason to be
hopeful. People everywhere are standing up to say, "Battering is
not right, it is not acceptable, and it is not a private family
matter." Legislators, judges, police, and prosecutors are giving an
official voice to society's disapproval. Social workers, teachers,
medical professionals, and mental health experts are speaking out
against the horrible damage caused by family abuse. The same
grassroots organizers who first brought to light the widespread
devastation wrought by such violence, many survivors of
violence themselves, continue their dedicated work to protect
victims, punish and/or treat abusers, and prevent the destruction
of more families and individuals.
Perhaps the most heartening fact is that all of these people, along
with others who care, are coming together to combine their
talents and coordinate their efforts to try and end domestic
violenceand progress is being made. Not fast enough, as the
frustrating statistics show, but change is happening. Not only
change in available services to victims, in law enforcement, and
in alternatives for people caught in the cycle of violence, but
change in public attitudes. Finally, fewer people are asking, "Why
doesn't she just leave?" and instead more want to know, "How do
we stop this?" I believe that we are discovering small answers,
and that if we keep asking this question, the final answer will
someday come.
Page 245
Appendix
National Organizations
National Domestic Violence Hotline
1-800-799-SAFE (7233)
1-800-787-3224 (TDD)
The national hotline is staffed 24 hours a day by trained
counselors who can provide crisis assistance and information
about shelters, legal assistance, health care, and counseling.
During its first eight days in operation, the hotline received over
10,000 calls.
National Coalition Against Domestic Violence (NCADV)
National Office
P.O. Box 18749
Denver, CO 80218-0749
(303) 839-1852
(303) 831-9251 Fax
NCADV Membership/Public Policy Office
P.O. Box 34103
Washington, DC 20043-4103
(703) 765-0339
(202) 628-4899 Fax
The NCADV serves as an information and referral center for
victims of abuse, shelters, service programs, and others assisting
battered women and their children. It helps other agencies
develop programs; publishes information packets, service
directories, and a newsletter, The Voice; helps acquire funding for
shelters and other services; promotes community awareness and
education about domestic violence; sponsors conferences and
regional training seminars for advocates; and supports task forces
for subgroups within the battered women's movement. Those
interested in becoming members should contact the Washington,
DC office. Five categories of membership are available for
individuals, organizations, and youth.
Page 260
Battered Women's Justice Project
4032 Chicago Avenue South
Minneapolis, MN 55407
(612) 824-8768
(612) 824-8965 Fax
This organization studies abused women in the criminal justice
system, and provides information to attorneys, and advocates for
battered women or others working with them.
Domestic Abuse Project (DAP)
204 West Franklin Avenue
Minneapolis, MN 55404
(612) 874-7063
DAP publishes treatment manuals, research reports, and other
materials. It also conducts tailored training sessions and
workshops for professionals involved in mental health, social
services, and criminal justice, as well as education for the general
public, across the country. DAP is especially active in working
with children from violent homes, and publishes reports and
manuals on children's treatment.
The Family Violence Prevention Fund
383 Rhode Island Street, Suite 304
San Francisco, CA 94103-5133
(415) 252-8900
(415) 252-8991 Fax
1-800-313-1310
This group runs public education programs, provides direct
services to victims, and develops public policy and training
programs for policymakers and health care providers. It also
addresses the legal rights of battered immigrant and refugee
women. It includes the Health Resource Center on Domestic
Violence.
National Council on Child Abuse and Family Violence
1155 Connecticut Avenue NW, Suite 300
Washington, DC 20036
(202) 429-6695
1-800-222-2000
Provides information and referrals on spouse, child, and elder
abuse through this toll-free helpline operated 8:00 A.M. to 5:00
P.M. Monday through Friday, Pacific Standard Time. Also gives
assistance and information for community-based programs, and
publishes brochures, periodicals, and a newsletter.
National Victim Center
309 West 7th Street, Suite 705
Fort Worth, TX 76102
1-800-FYI-CALL
The National Victim Center provides research, education,
training, advocacy, and resources for those working for the
victims of all types of crime. Its INFOLINK line (above)
provides information and referrals to victims of crime and people
who work with them. While INFOLINK is not a crisis line and
does not provide counseling, its volunteers and staff give callers
information and referrals to victim assistance agencies in the
callers' areas. Resource packages on domestic violence, stalking,
and other topics are available free of charge by calling
INFOLINK.
Page 261
National Battered Women's Law Project
275 Seventh Avenue, Suite 1206
New York, NY 10001
(212) 741-9480
(212) 741-6438 Fax
This project serves as a clearinghouse for information for
attorneys, advocates, and others. It publishes a wide range of
information packets for those offering legal assistance to battered
women. The publications address specific issues affecting
domestic violence victims, such as child custody, litigation
strategies, case law, the special needs of rural women, and many
others. It also disseminates law, cases, model briefs, statistics,
protocol, and studies.
National Clearinghouse for the Defense of Battered Women
125 South 9th Street, Suite 302
Philadelphia, PA 19107
(215) 351-0010
(215) 351-0779
1-800-903-0111 ext. 3
This organization provides information and resource materials to
attorneys, advocates, and expert witnesses who assist battered
women charged with crimes, as well as the women themselves,
particularly those who kill in self-defense. It publishes the
newsletter, Double-Time, and coordinates a national network of
people working with women in prison.
National Institute of Justice/NCJRS
Box 6000
Rockville, MD 20850
1-800-851-3420
(301) 251-5500 in Maryland and
Washington, DC
The National Institute of Justice is the principal criminal justice
research agency of the U.S. Department of Justice. It develops
research and collects information about crime, its causes, and its
control; trains practitioners; and distributes information. Its
clearinghouse is the largest network of criminal justice
information in the world, and maintains a document data base,
electronic bulletin board, specialized data bases, publications, and
a reference and referral service. A user's guide is available upon
request.
Duluth Domestic Abuse Intervention Project National Training
Project
206 West Fourth Street
Duluth, MN 55806
(218) 722-2781
(218) 722-1545 Fax
This organization publishes and distributes a wide variety of
training materials including books, curricula, research reports,
training manuals, and videotapes. It also conducts training
seminars for people involved in social programs to assist victims
of domestic violence and those in the criminal justice system. It
provides specialized training materials for those working with
Native American families. The project is especially active in
helping other communities establish or improve their own
programs. A free brochure describing these publications and
services is available by writing or calling.
Page 262
National Resource Center on Domestic Violence
6400 Flank Drive, Suite 1300
Harrisburg, PA 17112
1-800-537-2238
(717) 545-9456 Fax
This center furnishes information and resources to advocates,
policymakers, and the media.
National Clearinghouse on Marital and Date Rape
2325 Oak Street
Berkeley, CA 94708
(510) 524-1582
This business provides rape prevention education through
speakers, publications, and consultation by telephone or in
person. It produces charts and packets that answer the most
common questions and provide information on marital and date
rape.
Law Students for Pro Bono 1666 Connecticut Avenue NW,
Suite 424
Washington, DC 20009
(202) 462-0120
This group provides information on free services from law
students, and assists law students interested in starting pro bono
programs at their schools.
ABA IOLTA Clearinghouse
541 N. Fairbanks Court
Chicago, IL 60611-3314
(312) 988-5748
This office of the American Bar Association coordinates the
programs in most states which collect funds from Interest on
Lawyers Trust Account (IOLTA). The money from these
programs is distributed to legal service providers who provide
free legal services to low-income persons.
Center for Women's Policy Studies
2000 P Street NW, Suite 508
Washington, DC 20036
(202) 872-1770
This organization focuses on combatting gender-motivated hate
crimes and studies the efficacy of civil rights remedies. Its
National Program on Girls and Violence collects information
from girls and teenagers throughout America on the violence in
their lives, and studies increasing youth violence. A fact sheet on
girls and violence is available now, with more data to be
published as studies continue.
National Coalition for Low-Income Housing
1012 14th Street NW, Suite 1200
Washington, DC 20005
(202) 662-1530
Resource Center on Child Custody and Protection
National Council of Juvenile and
Family Court Judges
Family Violence Project
P.O. Box 8970
Reno, NV 89507
1-800-527-3223
(702) 784-6012
(702) 784-6060 Fax
The center, operated by The National Council of Juvenile and
Family Court Judges, provides general information, consultation,
and training related to child protection and custody issues. It
cannot provide legal assistance in individual cases. Call for a
publication list.
Page 263
Health Resource Center on Domestic Violence
Family Violence Prevention Fund
383 Rhode Island Street, Suite 304
San Francisco, CA 94103-5133
1-800-313-1310
This organization is dedicated to strengthening the health care
response to domestic violence. It provides information packets,
publications, and technical assistance for those wishing to set up
programs and protocols.
Center for the Prevention of Sexual and Domestic Violence
936 North 34th Street, Suite 200
Seattle, WA 98103
(206) 634-1903
(206) 634-0115 Fax
This center provides educational materials for religious
organizations and institutions to use in preparing curricula for
clergy and Sunday school classes. It also trains clergy and lay
leaders in issues of child abuse, clergy sexual misconduct, and
domestic violence. It is not a direct service agency, but sometimes
provides referrals.
National Organization for Women (NOW)
1000 16th Street NW, Suite 700
Washington, DC 20036
(202) 328-5160
NOW maintains a task force on domestic violence and is active in
a broad range of issues important to women.
NOW Legal Defense and Education Fund
99 Hudson Street, 12th Floor
New York, NY 10013
(212) 925-6635
This sister organization to NOW focuses on litigation and
education in the areas of gender discrimination and related issues.
It sponsors a Family Law Project and publishes various materials,
including a state-by-state guide to womens' legal rights.
Domestic Violence Project of the American Academy of Facial
Plastic and Reconstructive Surgery (AAFPRS)
1110 Vermont Avenue NW, Suite 220
Washington, DC 20005
1-800-842-4546
In 1994, the educational and research foundation for AAFPRS, in
cooperation with the NCADV, embarked on a campaign to
provide free facial and reconstructive plastic surgery to victims of
domestic violence. For information, call the toll-free number
above or contact Rita Smith at the NCADV, (202) 638-6388.
Domestic Abuse Awareness Inc.
P.O. Box 1837
Old Chelsea Station
New York, NY 10013-1837
(212) 367-7004
This visual resource center on domestic violence provides
traveling photo exhibitions, featuring the work of renowned
photographer Donna Ferrato, who founded the organization in
1991, as well as photo archives, slide shows, and books to assist
organizations working to end domestic violence.
Page 264
American Bar Association Commission on Domestic Violence
740 15th Street NW
9th Floor
Washington, DC 20005-1022
(202) 662-1737 or 662-1744
(202) 662-1594 Fax
Service Center (to order materials): 1-800-285-2221
e-mail: [email protected]
http://www.abanet.org/domviol/home.html
The Nicole Brown Simpson Charitable Foundation
15 Monarch Bay Plaza, Box 380
Monarch Beach, CA 92629
(714) 443-4200
(714) 443-4171 Fax
http://www.nbscf.org/core.html
This foundation, founded by Nicole Brown Simpson's sister
Denise Brown, raises money to fund shelters and educational
programs which help women and children who have become
victims of domestic violence. It also produces an on-line
newsletter and other information about domestic violence at its
Internet website.
National Resource Center on Domestic Violence
c/o Pennsylvania Coalition Against Domestic Violence
6400 Frank Drive, Suite 1300
Harrisburg, PA 17122
1-800-537-2238
Fax (717) 545-9546
National Network to End Domestic Violence
c/o Texas Council on Domestic Violence
8701 North Mopac Expressway, Suite 450
Austin, TX 78759
(512) 794-1133
(512) 794-1199 Fax
Battered Women's Justice Project c/o PCADVLegal Office
524 McKnight Street
Reading, PA 19601
(610) 373-5697
(610) 373-6403 Fax
National Network to End Domestic Violence
701 Pennsylvania Avenue NW, Suite 900
Washington, DC 20004
1-800-903-0111 Extension 3
(202) 434-7405
(202) 434-7400 Fax
Legal Aid for Abused Women (LAAW)
3524 S. Utah Street
Arlington, VA 22206
(703) 820-8393
(703) 820-7968 Fax
http://ourworld.compuserve.com/homepages/laaw
LAAW provides legal aid to men and
women trying to remove themselves
from an abusive situation.
Page 265
Women's Initiative of the AARP
601 E. Street NW
Washington, DC 20049
(202) 434-2400.
The U.S. Government Violence Against Women Act Grant Office
provides funding to qualified local domestic violence programs.
For information, call (202) 307-6026.
Polaroid DV 100 Program
For information on how local organizations or agencies can
participate, call 1-800-811-5764, ext. 163. Polaroid also prints and
distributes manuals, videos, and other training materials designed
to assist police, prosecutors, and others learn more about
domestic violence and how to respond to it in their communities.
Information may be obtained by calling the number above.
Project Protect
1-800-507-2560
Family Service America
11700 West Lake Park Drive
Milwaukee, WI 53224
(414) 359-1040
State Coalitions
Alabama Coalition Against Domestic Violence
P.O. Box 4762
Montgomery, AL 36101
(334) 832-4803
Alaska Network on Domestic Violence and Sexual Assault
130 Seward, Suite 501
Juneau, AK 99801
(907) 586-3650
Arizona Coalition Against Domestic Violence
100 W. Camelback Street, Suite 109
Phoenix, AZ 85103
(602) 279-2900
1-800-782-6400 (crisis line)
Arkansas Coalition Against Domestic Violence
#1 Sheriff Lane, Suite C
Little Rock, AR 72114
(501) 812-0571
California Alliance Against Domestic Violence
619 13th Street, Suite I
Modesto, CA 95354
(209) 524-1888
Northern California Coalition for Battered Women & Children
1717 5th Avenue
San Rafael, CA 94901
(415) 457-2464
Southern California Coalition for Battered Women
P.O. Box 5036
Santa Monica, CA 90409
(310) 655-6098
(310) 658-8717 Fax
Colorado Domestic Violence Coalition
P.O. Box 18902
Denver, CO 80219
(303) 831-9632
Page 266
Connecticut Coalition Against Domestic Violence
135 Broad Street
Hartford, CT 06105
(860) 524-5890
1-800-281-1481
Delaware Coalition Against Domestic Violence
P.O. Box 847
Wilmington, DE 19899
(302) 658-2958
DC Coalition Against Domestic Violence
P.O. Box 76069
Washington, DC 20013
(202) 783-5332
Florida Coalition Against Domestic Violence
1535, C-5 Killearn Center Boulevard
Tallahassee, FL 32308
(904) 668-6862
1-800-500-1119 (toll free)
Georgia Advocates for Battered Women and Children
250 Georgia Avenue SE, Suite 308
Atlanta, GA 30312
(404) 524-3847
1-800-643-1212
Hawaii State Coalition Against Domestic Violence
98-939 Moanalua Road
Aiea, HI 96701-5012
Idaho Coalition Against Domestic Violence
200 North Fourth Street, Suite 10-K
Boise, ID 83702
(208) 384-0419
Illinois Coalition Against Domestic Violence
730 East Vine Street, Suite 109
Springfield, IL 62703
(217) 789-2830
Friends of Battered Women and Their Children
Chicago, IL
(773) 274-5232
1-800-603-HELP (hotline)
Indiana Coalition Against Domestic Violence
2511 E. 46th Street, Suite N3
Indianapolis, IN 46202
(317) 593-3908
1-800-332-7385 (toll free)
Iowa Coalition Against Domestic Violence
1540 High Street, Suite 100
Des Moines, IA 50309-3123
(515) 244-8028
1-800-942-0333 (hotline)
Kansas Coalition Against Sexual and Domestic Violence
820 S.E. Quincy, Suite 416
Topeka, KS 66612
(913) 232-9784
Kentucky Domestic Violence Association
P.O. Box 356
Frankfort, NY 40602
(502) 875-4132
Louisiana Coalition Against Domestic Violence
P.O. Box 3053
Hammond, LA 70404-3053
(504) 542-4446
Page 267
Maine Coalition for Family Crisis Services
128 Main Street
Bangor, ME 04401
(207) 941-1194
Maryland Network Against Domestic Violence
11501 Georgia Avenue, Suite 403
Silver Spring, MD 20902-1955
(301) 942-0900
1-800-MD-HELPS (toll free)
Massachusetts Coalition of Battered Women's Service Groups
14 Beacon Street, Suite 507
Boston, MA 02108
(617) 248-0922
Michigan Coalition Against Domestic Violence
913 W. Holmes, Suite 211
Lansing, MI 48910
(517) 887-9334
E-mail: [email protected]
http://pilot.msu.edu/user/mcadv
Minnesota Coalition for Battered Women
450 North Syndicate Street, Suite 122
St. Paul, MN 55104
(573) 646-6177
1-800-646-0994 (toll free)
Mississippi State Coalition Against Domestic Violence
P.O. Box 4703
Jackson, MS 39296-4703
(601) 981-9196
1-800-898-3234
Missouri Coalition Against Domestic Violence
331 Madison Street
Jefferson City, MO 65101
(314) 634-4161
Montana Coalition Against Domestic Violence
P.O. Box 633
Helena, MT 59624
(406) 443-7794
http://www.initco.net/~mcadv/
Nebraska Domestic Violence and Sexual Assault Coalition
315 South 9th, Suite 18
Lincoln, NE 68508-2253
(402) 476-6256
1-800-876-6238 (toll free)
Nevada Network Against Domestic Violence
2100 Capurro Way, Suite E
Sparks, NV 89431
(702) 358-1171
1-800-500-1556 (toll free)
New Hampshire Coalition Against Domestic Violence and Sexual
Violence
P.O. Box 353
Concord, NH 03302-0353
(603) 224-8893
1-800-852-3388 (multi-issue state hotline)
New Jersey Coalition for Battered Women
2620 Whitehorse/Hamilton Square Road
Trenton, NJ 08690
(609) 584-8107
1-800-572-7233 (state hotline)
1-800-224-0211 (battered lesbian crisis line)
Page 268
New Mexico State Coalition Against Domestic Violence
P.O. Box 25266
Albuquerque, NM 87125
(505) 246-9240
1-800-209-DVLH (legal helpline)
1-800-773-3645 (crisis line)
http://www.nmcadv.org/dv/
New York State Coalition Against Domestic Violence
Women's Building, 79 Central Avenue
Albany, NY 12206
(518) 432-4864
1-800-942-6906 (English hotline)
1-800-942-6908 (Spanish hotline)
North Carolina Coalitions Against Domestic Violence
P.O. Box 51875
Durham, NC 27717
(919) 956-9124
North Dakota Council on Abused Women's Services
418 E. Rosser Avenue, Suite 320
Bismarck, ND 58501
(701) 255-6240
1-800-472-2911 (state hotline)
Ohio Domestic Violence Network
4041 North High Street, Suite 101
Columbus, OH 43214
(614) 784-0023
1-800-934-9840 (toll free)
Oklahoma Coalition on Domestic Violence and Sexual Assault
2200 Classen Boulevard, Suite 610
Oklahoma City, OK 73801
(405) 557-1210
1-800-522-9054 (toll free)
Oregon Coalition Against Domestic and Sexual Violence
520 N. W. Davis Street, Suite 310
Portland, OR 97204
(503) 223-7411
1-800-622-3782 (crisis line)
Pennsylvania Coalition Against Domestic Violence/National
Resource Center on Domestic Violence
6400 Flank Drive, Suite 1300
Harrisburg, PA 17112-2778
(717) 545-6400
1-800-932-4632 (state hotline)
Rhode Island Coalition Against Domestic Violence
422 Post Road, Suite 104
Warwick, RI 02888
(401) 467-9940
1-800-494-8100 (toll free)
South Carolina Coalition Against Domestic Violence and Sexual
Assault
P.O. Box 7776
Columbia, SC 29202-7776
(803) 750-1222
1-800-260-9293 (toll free)
South Dakota Coalition Against Domestic Violence and Sexual
Assault
P.O. Box 141
Pierre, SD 57401
(605) 945-0869
1-800-572-9196 (toll free)
Tennessee Task Force Against Domestic Violence
P.O. Box 120972
Nashville, TN 37212-0972
(615) 386-9406
1-800-350-6767 (toll free)
Page 269
Texas Council on Family Violence
8701 North Mopac Expressway, Suite 450
Austin, TX 78759
(512) 794-1133
1-800-252-5400 (hotline)
Utah Domestic Violence Advisory Council
120 N. 200 West
Salt Lake City, UT 84145
(801) 538-4100
1-800-897-LINK (toll free)
Vermont Network Against Domestic Violence and Sexual Assault
P.O. Box 405
Montpelier, VT 05601
(802) 223-1302
Virginians Against Domestic Violence
2850 Sandy Bay Road, Suite 101
Williamsburg, VA 23185
(804) 221-0990
1-800-838-VADV (toll free)
Washington State Coalition Against Domestic Violence
2101 4th Avenue E, Suite 103
Olympia, WA 98506
(360) 352-4029
1-800-562-6025 (toll free)
West Virginia Coalition Against Domestic Violence
P.O. Box 85
181B Main Street
Sutton, WV 26601-0085
(304) 765-2250
1-800-352-6513 (crisis line)
Wisconsin Coalition Against Domestic Violence
1400 E. Washington, Suite 232
Madison, WI 53703
(608) 255-0539
Wyoming Coalition Against Domestic Violence and Sexual
Assault
341 East E Street, Suite 135A
Pinedale, WY 82601
(307) 367-4296
1-800-990-3877
Puerto Rico: Comision para los Asuntos de la Mujer
Calle San Francisco 151-153
Viejo San Juan, San Juan, Puerto Rico 00901
(809) 722-2907
(809) 722-2977
U.S. Virgin Islands: Women's Resource Center
8 Kongens Gade
St. Thomas, U.S.V.I. 00802
(809) 776-3699
Women's Coalition of St. Croix
P.O. Box 2734
Christiansted
St. Croix, U.S.V.I. 00822
(809) 773-9272
Page 270
Local Programs
Local domestic violence shelters, programs, hotlines, and other
services can be found in your local telephone directory. Look in
the blue or white pages under ''Domestic Abuse Information and
Treatment Centers,'' "Social Service Organizations," "Human
Service Organizations," "Shelters," "Women's Organizations," or
"Family Services." They can help and advise you on locating
emergency and permanent housing, and provide information on
your legal rights, welfare or public aid application, counseling,
support groups, and services for children. Some have brochures
that address issues of concern and list other local resources and
services. Most of these programs offer their help free of charge
or on a sliding fee scale, according to income. Your state
coalition (see above) can also refer you to sources of information
and help in your community.
Internet Websites
Many of the organizations listed in this section have websites that
contain a wealth of information, including links to other sites of
interest. These website are listed with the information provided
on each organization, above. A few of the many, many other
websites dealing with domestic violence and related issues are
listed below. Bear in mind that website locations change
frequently, and new ones appear every day.
National Domestic Violence Hotline Resources List
http://www.feminist.org/911/crisis.html
Family Violence Awareness Page
http://www.famvi.com/
Family Violence Prevention Fund
http://www.igc.apc.org/fund/index.html
Domestic Violence Resources Page
http://www.igc.apc.org/woman/activist/domestic.html
U.S. Justice Department Violence Against Women Office
http://www.usdoj.gov/vawo/
The Clothesline Project
http://www.cybergrrl.com/planet/dv/orgs/cp.html
Page 271
Index
A
AARP, 58-59
ABA Commission on Domestic Violence, 183-184
Abuser treatment, 93-95, 89-90, 153, 237-238
Abusers, characteristics, 8-9, 31-33, 40-45, 218-220
Adolescents and domestic violence, 99, 124-140, 160
Advocates, See Social services
A.F.D.C., See Welfare
African-Americans, 8, 59-60, 176, 203, 242
Alcoholics Anonymous, 95
Alcoholism, See Substance abuse
Aliens, See Immigrant and refugee women
Alternatives to Violence (Maui, Hawaii), 204-205
American Academy of Orthopedic Surgeons, 72
American Academy of Facial Plastic and Reconstructive Surgery,
72-73
American Bar Association, 70, 182-184
American College of Emergency Physicians, 79
American College of Obstetricians and Gynecologists, 79-80
American Medical Association, 7, 9, 82, 84, 183
American Psychological Association, 30, 163, 188
Amnesty International, 38
Anthony, Susan B., 20
Aris, Brenda, 186-187
Arrest policies, See Police policies
B
Baker, Martha, 176
Battered men, 63-65
Battered woman syndrome, 52-56, 185-188
Battered women, characteristics, 45-56, 192-194
Batterer's programs, See Abuser treatment
Biden, Joseph, 11
Birth defects, 79-84
Black, Jan, 3, 229
Blacks, See African-Americans
Blackstone, William, 20
Blick, Mary, 48-49, 78, 80-84
Bobbitt, Lorena, 65
Bray, Rosemary, 60, 133-135
Breaking off the relationship, See Leaving
Buel, Sara, 114-116, 229
Burning Bed, The, 190
C
Called to Account, 100
Center for the Prevention of Sexual and Domestic Violence, 98
Chain, Chain, Change, 59
Chaney, Catherine, 89
Child abuse, 8, 117-124, 156
Child custody, 123, 150, 171-175
Children from violent homes, 9-10, 37, 47, 65, 98-99, 117- 140,
171-175, 183-184, 222-223, 227-228
Children's and adolescent's counseling, 91, 97, 132-133, 139
Children's Hospital AWAKE program, 83
Choking, See Strangulation
Churches, 93, 97-98, 138
Civil Law, 156-163
Civil protection order programs, 209-212
Civil rights law, 163-165, 167, 181
Clark, Marcia, 13
Clemency, 189-191, 202
Clinton, Bill, 133, 168
Clothesline Project, 194
Committee to Aid Abused Women (Reno, Nevada), 210-211
Community programs, See Coordinated community programs
Company of Women, 24-25
Comprehensive programs, 198-205
Connecticut Superior Court, 206-207
Constitutional law, See Civil rights law
Coordinated community programs, 14-16, 20-22, 57-58, 67, 77-
78, 87-90, 151, 159, 168, 183-184, 193-216, 239-243
Counseling, See Psychological treatment
Couples and family counseling, 95-97
Crime Act of 1994, 167-169
Criminal justice system, 19-22, 25-27, 115-116, 130, 142-162, 194
Cycle of violence, 35-37, 35, 42, 45, 48, 67, 88-91, 100, 111, 185-
186
D
Dal Santo, Diane, 121
Dating violence, 9, 86-87, 122, 126-132, 193
Date rape, See Rape
Defending Our Lives, 185 de Pizan, Christine, 20
Depression, 41-42, 92, 124-125
Digirolami Associates, 49
Digirolami, Karla M., 49
District attorneys, See Prosecutors
Divorce, 113, 168-175
Doherty, Shannen, 65
Domestic Abuse Awareness, Inc., 70
Page 276
Domestic Abuse Project (DAP), 101-104, 132-133, 199-200
Domestic Abuse Response Team (DART), 74, 150-151
Domestic torts, See Tort law
Domestic violence, definition, 1-4, 218-220
Domestic Violence Awareness Month, 13
Domestic Violence Institute (Denver), 35
Domestic Violence Institute of Michigan, 240
Domestic Violence Unit (San Diego, California), 212-214
Drug abuse, See Substance abuse
Duluth, Minnesota Domestic Abuse Intervention Project, 17, 24,
61, 94, 242
Dynamics of abusive relationships, 30-34, 39
E
East Cleveland Domestic Violence Project, See Teplum
Education, See Schools
Elder abuse, See Older women
EMERGE, 3, 238
Emergency rooms, 8, 74-79, 83,
Emotional abuse, 1-3, 28-29
Engels, Sarah, 104-110
Enns, Greg, 3, 229
Equal protection, See Civil rights law
Evidence, 150, 152, 154, 161-162, 176-180
F
Fairstein, Linda, 129, 131
Family and friends of victims, 222, 227-228, 231, 234-238
Family Division of the Connecticut Superior Court, 206
Family law, 168-175
Family Violence and Sexual Assault Institute, 29
Family Violence Program at the University of Rhode Island, 26
Family Violence Prevention and Services Act, 166
Family Violence Prevention Fund, 16-17, 70, 150
Family Violence Prevention Project, 144-145
Fawcett, Farrah, 190
Fedders, Charlotte, 49, 110-114
Fedders, John, 110-114
Federal Bureau of Investigation, 7, 9, 160
Ferrato, Donna, 11
Financial pressures, 47-48, 68, 123
Forward, Susan, 1-2, 53, 228
Fraher, Jane, 91, 229
Friends, See Family and friends
Fulgham v. State, 21
G
Garvin, David, 240
Gay battering, See Same-sex battering
Geffner, Robert, 29, 50
Gelles, Richard, 31, 38, 41, 47, 55-56, 117
Getting Free, 220-221, 228, 244
Glover, Danny, 70
Goldner, Virginia, 96-97
Goldman, Ron, 12
Grass roots organizations, See Coordinated community efforts
and volunteers
Group therapy, 91-92, 94
Giuliani, Rudolph, 70
Gwinn, Casey G., 180, 212
H
Hahn, James, 179
Hanson, Lori, 73
Harshman, Linda, 4
Head injury among batterers, 42
Health care, See Physical injury
Henry, Robert, 74-79
History of domestic violence, 19-27
Hobbes, Thomas, 4
Homelessness, 9, 124
Homicide, partner, 7, 9, 126-127, 168, 172, 184-191
Homosexual battering, See Same-sex battering
Honeymoon phase, 36, 39, 54
Hotlines, 55, 222
House of Ruth, 201-202
Hughes, Francine, 190
Hughes, Becca Jean, 189-190
I
Illinois State University, 13
Immigrant and refugee women, 61
Indians, See Native Americans
Injury, See Physical injury
Insurance Discrimination, 145-146, 183
Internet, 40, 71
Intertribal Council to End Violence in Families, 214
Isolation, 32-33, 49, 63, 113
J
Jackson, Mike, 240
Jacobson, Neil, 42
JAMA, 79
Jarvis, Carol, 33
Jealousy, 32, 40-41, 127
Jewell, Angela, 26, 121-122
Jewish women, 61
Johns Hopkins Children's Center, 124
Joint custody, 172
Jones, Ann, 172, 229, 236
Judges, 142-162, 154-155, 197-198
K
Koop, C. Everett, 72, 85, 122
L
Laws against domestic violence, 19-27, 141-191
Page 277
Law enforcement, See Police
Lawyers and other legal assistants, 158-159, 163, 165, 169, 174,
181-184, 195, 201, 223, 242-243
Learned helplessness, 37-39, 51
Leaving the violent relationship, 54-56, 217-238
Legal assistance, See Lawyers
Legal separation, See Divorce
Lesbians, See Same-sex battering
Levy, Barrie, 127
M
Making the Connection: Women, Work and Abuse, 85
Male victims, See Battered men
March of Dimes, 9, 80-84
Married Women's Property Act, 22
Marshall's, 16
Martinez, Andy, 132-140
McAfee, Robert, 8, 72
McGrory, Mary, 114
McGuinn, Randi, 241
McNulty, Faith, 190
McWhirter, Martha White, 21
Media influence, 69-71
Mediation, 169-171
Medical treatment, 7-8, 48-49, 73-79, 152, 177
Men's programs, See Abuser treatment
Men Who Hate Women and the Women Who Love Them, 2, 228
Mental health treatment, See Psychological treatment
Miami, Florida, 16
Mill, John Stuart, 20
Minority women, 59-61, 242
Model Code on Domestic and Family Violence, 145
Moise, Jackie, 97
Ms. magazine, 16, 60, 134
Murder, See Homicide
Murphy, Patricia, 2, 85-87, 93
Mutual battering, 34
N
National Association of Insurance Commissioners, 145
National Centers for Disease Control, 8, 42-43, 94-95
National Coalition Against Domestic Violence (NCADV), 7, 11,
24, 62-63, 90, 122, 129, 221, 240
National Council of Juvenile and Family Court Judges, 144, 173,
196-216
National Council on Stalking, 5
National Domestic Violence Project, 73
National Gay and Lesbian Health Foundation, 62
National Network for Battered Immigrant Women/National
Immigration Project, 62
National Organization of Police Chiefs, 148
National Organization for Women (NOW), 24
Native Americans, 61, 242
Neutral Corner, 175
NiCarthy, Ginny, 220-221, 228, 244
O
Offender Accountability Programs, 214-216
Older women, 58-59
P
Panic buttons, 149
Pendergrast, Robert, 125
Pennsylvania Coalition Against Domestic Violence, 211-212
People v. Reeves, 185
Pets, 51, 108, 124, 222, 224, 231
Philbert-Ortega, Gina, 128
Physical abuse, definition, 3
Physical injury, 56, 72-84, 74-76, 117-120
Pizzey, Erin, 23
Planning and preparation to leave, See Leaving
Polaroid, 154, 178
Police officers, 73-75, 109, 142- 162
Police policies, 142-162
Post-traumatic stress disorder, 51-56, 85, 92, 119
Pregnancy, 9, 79-84, 126
Preparing to leave, See Leaving
Prosecutors, 142-162
Prosecution programs, 212-214
Protection orders, 144, 149, 156-162, 222
Psychological torture, 38
Psychological treatment, 53-54, 56, 87-90, 90-97, 101-103, 132-
133, 139, 177
R
Ramo, Roberta Cooper, 182-183
Rape, 9, 74-75, 126-132, 146
Residential security, 230-232
Restraining orders, See Protection orders
Risk factors for abuse, 31-33
Rule of thumb, 20, 23
Rural areas, 57-58, 207-209
Rural programs, 207-209
S
Safe houses, See Shelters
Safety Plans, 229-234
Salvation Army, 241
Same-sex battering, 4, 55-56
Sanctificationists, 21
Sanders, Bernand, 145
Savage, Ben, 70
Schaefer, William Donald, 202
Schools, 98-99, 129, 132, 183-184, 193-194
Schwartz, Robert, 151
Scream Quietly or the Neighbors Will Hear, 23