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A Guide to DOMESTIC VIOLENCE CASES

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A Guide to DOMESTIC VIOLENCE CASES A Guide to DOMESTIC VIOLENCE CASES National Association for Court Management Julie Dybas, Chair Arizona Hon. Statia Hendrix Hon. Wendy Million Kay Radwanski Arizona Arizona Arizona Madelynn Herman Dawn Palermo Heidy Yang Virginia Louisiana California Wendy Lyford Kimberly Piechowiak Aurora Zamora Alaska Texas Texas 2017-2018 Board of Directors OFFICERS: DIRECTORS: PRESIDENT Jeff Chapple Vicky Carlson Sarah Couture Alfred Degrafinreid PRESIDENT ELECT Julie Dybas Paul DeLosh Kathryn Griffin VICE PRESIDENT Greg Lambard Will Simmons Dawn Palermo SECRETARY/TREASURER Rick Pierce Tracy J. Bement Alyce Roberts IMMEDIATE PAST PRESIDENT Jeffrey Tsunekawa Scott Griffith Table of Contents What Is Domestic Violence? . 1 I. Why Are Domestic Violence Cases Different? . 4 A. Introduction . 4 1. Power and Control . 4 2. Intimate Partner Different than Family . 5 3. Who Are the Abusers and the Victims? . 6 B. Behaviors of Abusers . 7 1. Out of Court—What Do They Do to Maintain Control? . 7 2. In Court . 8 C. Behaviors of Victims . 8 1. Out of Court—Why Do They Stay? . 8 2. In Court . 11 D. Lethality Issues . 13 1. Lethality Factors . 13 2. Stalking and Electronic Harassment Information . 15 3. Firearms . 16 II. What Can Courts Do? . 17 A. Ten Essential Elements for Effective Intervention in Domestic Violence . 17 B. Court Security Measures . 20 C. Ethical Issues . 21 D. Procedural Justice Issues . 22 III. Protective Order Issues . 24 IV. Family Law Issues . 27 V. Specialized DV Courts . 29 VI. Domestic Violence Offender Treatment . 31 What Is Domestic Violence? “Domestic violence is a pattern of abusive behav - victims who attend court with the abuser, and ior in any relationship that is used by one partner cases that involve a level of continuing danger to gain or maintain power and control over an - because of the ongoing relationship and the other intimate partner. Domestic violence can be dynamics that exist. physical, sexual, emotional, economic, or psycho - Additionally, because of these relationships, victim logical actions or threats of actions that influence behavior is often contradictory, counterintuitive, another person. This includes any behaviors that and perplexing to court staff, court administra - intimidate, manipulate, humiliate, isolate, tion, and judges, leading to inappropriate and frighten, terrorize, coerce, threaten, blame, hurt, dangerous justice system responses. injure, or wound someone. Domestic violence can happen to anyone regardless of race, age, sexual Other Types of “Domestic Violence” orientation, religion, or gender. Domestic violence affects people of all socioeconomic backgrounds Many situations labeled “domestic violence” do and education levels. Domestic violence occurs in not fit under the above definition and do not pose both opposite-sex and same-sex relationships and the additional challenges presented by coercive- can happen to intimate partners who are married, controlling intimate-partner crimes. living together, or dating.” U.S. Department of Family Violence Relationships —The type of coer - Justice, Office on Violence Against Women. cive-controlling violence described above typically http://www.justice.gov/ovw/domestic-violence occurs between intimate partners—those who are This definition of domestic violence is narrower now or at one time were married to each other, in some ways and broader in other ways than the those who have a child in common, and those legal definition of domestic violence under most who have lived together as intimate partners now state statutes. This definition addresses the socio - or in the past. Beyond intimate partners, though, logical behavior and definition of domestic vio - are individuals in other relationships who, under lence. It more narrowly defines the relationships many state statutes, qualify for protective orders that fall under the definition of “domestic vio - and whose cases are categorized as “domestic lence.” Yet it also includes behavior that would violence.” not be a crime under the law. Courts will en - These broad classifications can include non-inti - counter many cases labeled “domestic violence” mate housemates; non-intimate dating partners; under the criminal law that do not fit the above family members related by blood, marriage, adop - definition. tion, or legal custody; and other legal relation - The domestic violence crimes that involve a power ships, such as guardians, wards, custodians, or and control (or coercive control) relationship be - foster parents. tween intimate partners are the main focus of this Differentiated Domestic Violence —When domes - guide. tic violence became an openly discussed public In no other crime will a court system encounter health and safety issue in the 1970s, victims victims and abusers who often still live together, were seen as “battered women” and men as A GUIDE TO DOMESTIC VIOLENCE CASES | 1 their “batterers.” 1 These one-size-fits-all tags rein - • Separation-Instigated Violence —an forced the idea that domestic violence is always atypical and serious loss of psychological defined by severe physical and emotional abuse. control; typically limited to one or two Over time, though, research has come to show episodes at the beginning of or during that not all abusive behavior displays the charac - separation; ranges from mild to severe vio - teristics of coercive controlling violence and that lence; no prior history of violence in the re - other patterns of intimate-partner violence exist. lationship; seen symmetrically in both men and women; more likely to be perpetrated Awareness of these additional patterns—and by the partner who is being left. particularly the context in which the violence has occurred—is helpful in knowing what services to • Violent Resistance —occurs as an immedi - provide, shaping parenting plans, determining ate reaction to an assault and is intended legal custody, protecting the victim, and holding primarily to protect oneself or others from the offender accountable. 2 Nevertheless, caution injury; often perpetrated by women; usu - is advised. “While critics concur that not all vio - ally ineffective and often results in their lence is the same—rather it is important to assess own injury. the context of violent acts—they do not generally Mental Illness —Is an abuser’s behavior toward a endorse differentiation of violence into various victim attributable to mental illness? In her 2014 types, or they consider it premature to do so. They note, “Domestic Violence Homicide-Suicide: are wary of the unintended negative consequences Expanding Intervention Through Mental Health of the deployment of typologies, especially the Law,” Maryum Jordan acknowledges the debate misuse of information from the assessment and about the relationship between domestic violence dangers of incorrect categorization.” 3 and psychiatric disorders. One side of the debate In “Differentiation Among Types of Intimate argues that the number of abusers with mental ill - Partner Violence,” Kelly and Johnson (2008) 4 ness is lower than believed; the other side suggests describe these additional patterns as: that in cases with re-assault or severe abuse, men - tal health disorders may be present. 5 • Situational Couple Violence —a common type of aggression between married cou - Calling the link between mental illness and do - ples and cohabiting partners; perpetrated mestic violence inconclusive, the author notes by both men and women; results from that the connection is stronger in those who have disputes that occasionally escalate into expressed suicidal ideation. 6 “Batterers who have physical violence; one or both partners expressed suicidal ideation are a significant focus have a low ability to manage conflict or for domestic violence intervention efforts. A bat - anger; more often involves minor forms terer’s suicidal intention—along with indicating of violence, such as pushing, shoving, or potential harm to him or herself—is recognized grabbing. as a risk factor that may increase the chance of 1 J. B. Kelly and M. P. Johnson, “Differentiation Among Types of Intimate Partner Violence,” Family Court Review 46 (2008): 476, 476-99; online at http://ocadvsa.org/wp-content/uploads/2014/04/Differentiation-Among-Types-of-Intimate-Partner-Violence.pdf. 2 L. Frederick, “Effective Interventions in Domestic Violence Cases: Context Is Everything,” Battered Women’s Justice Project, Minneapolis, May 2001. 3 J.R. Johnston and N. Ver Steegh, “Historical Trends in Family Court Response to Intimate Partner Violence: Perspectives of Critics and Proponents of Current Practices,” Family Court Review 51 (2013): 63-73. 4 Kelly and Johnson, supra n. 1. 5 M. Jordan, “Domestic Violence Homicide-Suicide: Expanding Intervention Through Mental Health Law,” Harvard Journal of Law and Gender 37 (2008): 553, 545-68. 6 Id. at 554. 2 | NATIONAL ASSOCIATION FOR COURT MANAGEMENT intimate partner homicide.” 7 In nearly one-third victims of domestic violence, but because research of the cases in which American women are mur - suggests that the majority of domestic violence dered by their intimate partner, the intimate victims in coercive controlling relationships are partner commits suicide. 8 women. Mental illness is not an excuse for—and may be As is evident from the definition above, domestic rarely a cause of—domestic violence, and abusers violence can occur in heterosexual and homosex - must be held accountable. But when an abuser ual relationships, and abusers can be both male threatens to kill not only the victim but him or and female,
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