Working with nonparticipating victims

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					A Walk of Faith to
Domestic Violence:
 The Good News
            Sarah Buel
        Clinical Professor
University of Texas School of Law
Please turn off all cell
  Or put them on vibrate. Thank
   1st:   Lots of Good News

 Wehave a good idea what
 works +

 What you do makes a huge
I.   Domestic Violence Basics
II. Needs of Domestic Violence Victims
III. Clergy Response to Domestic Violence
IV. Community Response to Domestic
     Violence Victims
“Family violence is one of the
   root causes of virtually
 every major social problem
     we face as a nation.’
          Janet Reno, Former AG
  I. Domestic Violence Basics
A. Batterer’s experts teach us
  that abusers:
 1. Do not have a problem with
  anger, rather they are
  willing to use violence to get
  what they want.
Dr. David Adams; Dr. Vicki Boyd; Dr. Hamish
  *Good News: 95- 97% of
  batterers do not have poor
impulse control; they CHOOSE
        to be abusive.

We can motivate them to make
      another choice.
2. Best way to help batterer is
   to hold him responsible.

                 Dr. David Adams,
                 expert & founder of
               Emerge Batterer’s Program
                     – since 1980
“What sort of flowers say, ‘I promise to obey the
               restraining order’?”
 *The victim cannot stop the
violence, only the community

      *Most batterers are externally
     motivated: they care what others
              think of them.
      LBJ’s advice on
     domestic violence:

“Get ‘em by the short hairs
and their hearts and minds
       will follow.”
    High Risk Victims include:
 Elders: AARP reports most elder abuse is
  perpetrated by elder partner
 Disabled: physically & mentally disabled at
  higher risk for abuse
 Teens, esp. pregnant & parenting teens
 Substance Abusers: general bias
 Convicted Persons: criminal record = bias
 Gays & Lesbians: general bias
         8. Male victims. . .
 Absolutely exist & must be treated with
  same respect
 But, batterer’s experts state that most perps
  insist they are the true victim. . .
 So, must investigate.
   Dallas Det. Steve Storrie:

“If there were just as many male
  domestic violence victims as
  female, those shelters would have
  valet parking in the front and golf
  courses out back.”
Jeffrey L. Edleson, Fact &
 Fantasy, Violent Women,
       (1998) 1 pg.

          Download Free from:
B. Understanding Why Victims Stay

   Read attached article  many valid
    reasons why victim cannot or will not

   Critical to I.D. what does THIS
    victim need to escape SAFELY.
       & HISTORY of ABUSE:

      Make a list of obstacles to
1.   __________________   10. ___________________
2.   __________________   11. ___________________
3.   __________________   12. ___________________
4.   __________________   13. ___________________
5.   __________________   14. ___________________
6.   __________________   15. ___________________
7.   __________________   16. ___________________
8.   __________________   17. ___________________
9.   __________________   18. ___________________
    Why Doesn’t She Just Leave?
 Greater risk when leaving her abuser
 Threats, kids, no $, no job skills, self-blame
 Low self-esteem, depression, bad advice
 60% of women reported on-going psychological
  abuse in the form of threats & intimidation after
 50% of all homeless women & children are
  fleeing from DV
    We expect abuse victims to
     flee immediately & report
   In Deliverance movie, why didn’t male rape
    victim report the assault?

   Sometimes no serious help from the system
    + shame + self-blame + care for batterer
    Critical Step: Stop
   Blaming the Victims!

Instead of asking why victims stay, ask
 why we tolerate so many men beating
            their partners.
“I have trained SWAT teams in
 Northern Ireland & the middle
  east, but the worst terrorism
    I’ve seen is the domestic
    violence here in the U.S.”

Lt. Mark Wynn (ret.) Nashville Police Dept. 20 yr.
   Although tempting to try
   only to keep the family
    together, clergy must
  understand the danger of
this goal with abuse victims.
      *Victim Vulnerability
 Afraid to displease faith leaders
 Afraid & unfamiliar with the legal system
 Reluctant to disclose
 Afraid of retaliation
 Uninformed of the legal consequences
*Usually manipulated, coerced and
  unduly influenced by the abuser

  – believes she will lose children; either to her
    abuser or CPS
  – believes abuser will be awarded custody
  – pressured to return for many reasons.
   Judge not,
   that ye not
   be judged.
Matthew 7:1
 C. The Impact of Domestic
   Violence on Children
1.   Children are adversely affected
     by exposure to domestic violence.

     They need not witness it, just see
     the after-effects & FEAR.
     What is impact of domestic
       violence on children?
 “The terrorized infant
becomes the terrorizing

   Dr. Bruce Perry
It is estimated there is a 70% co-
    incidence of partner and child

      Suzanne H. Jackson, Child Abuse, THE IMPACT OF DOMESTIC
                      VIOLENCE, 5-17 (1996).
2.   Children exposed to abuse
     may mimic the behavior
 63%      young men, ages
     11-20, doing time for
     murder, killed their
     mother’s batterer.
     Hazelden Foundation Research

    e.g. Thompson v. Oklahoma:
     15 yr old killed sister’s abuser
    a. Interviewing

   Sit at child’s level

*kids reported all police > 10
   feet tall…
     •Look for kids who have
     hidden in closets, under
     beds & under covers

*Take time for quick check
         of house
*Give “Kid Find” stickers to
  • Go over safety plan
   *e.g. Ask  which
neighbor, youth pastor
 or teacher they could
    turn to for help
2. For Children Afraid to Disclose:

  Valerie Wynn, Mary Parrish Ctr, Nashville # 615-
  Betty Ann Whitten, Tyler (TX) Dist Atty’s Office
       D. Helping Adolescent &
     Young Adult Battered Mothers
1. High rates of intimate partner abuse with ages
 41 % of adolescent mothers battered
    (Leadbeather & Way, 2001)
   31.4% of teen mothers in health clinic (Rosen,
   Over ½ sample of unmarried pregnant &
    parenting adolescents (Larson, 2004)
       2. History of Abuse
Adolescent mothers are more
  likely to have grown up in
  abusive homes or experienced
  abuse as children, including
  sexual abuse.

(Boyer & Fineman, 1992; Butler & Burton,
    3. High Rates of Poverty

56%  of teen births are to
 poor mothers

(Mathews & Ventura, 1997).
4. Questions for Young Victims

a. How do family of origin issues,
   including abuse, shape young victims’

b. How do factors of race, culture,
   faith & class affect young victims
   choices within their relationships?
d. How do the young
   victim’s masculine ideals
   inform her choice of a
e. What is her life dream?
 II. Framework for Community
Stay Committed to Learning
 How We Do This Better
Be    a Fearless Advocate
Collaborate –          Even With

Chief Norm Stamper (ret.) Seattle P.D.
 A. What Works?

   Those of faith must lead. . .
“Fear thou not; for I am with
 thee; be not dismayed; for I
 am thy God; I will strengthen
 thee; yea, I will help thee; yea I
 will uphold thee with the right
 hand of my righteousness.”
Isaiah 41:10
    1. Improve Safety Planning

   No excuses
   You DO have the time
   You don’t have to fix it alone
   We’ll help you figure out what to
   It is your responsibility. . .
THANK VICTIM for having the
courage to come to us or call.
              Ask her, “How
               can we help
       Ensure Safety Planning
 FAITH – what resources & support?
 RACE/ CULTURE – what issues are important
  for the victim and her kids?
 LANGUAGE – what are her skills? Need
 LITERACY – need help learning to read?
 Other, e.g. depression, addiction, disability
     a. Safety Plan Brochures
 In the CHURCHES, courthouse & police
  station waiting areas & bathrooms
 In libraries, schools, stores, laundromats,
  hospitals, community agencies
 Offices of doctors, lawyers, professionals
 Distributed by police at every crime scene

 = free,
    not copyrighted Safety Plans
      Safety Plans in Many
 Multnomah County (OR.) Domestic
  Violence Council
 Chiquita Rollins, Director
 (503) 248-3691
 14 Languages: Spanish, Russian,
  Vietnamese, Lao, Cambodian, Romanian,
  Chinese, Korean
     b. Safety Planning with High
             Risk Victims
   Nat’l DV Hotline 1-9=800-799-SAFE

   Relocation Counseling Project, Greater Boston
    Legal Services #617-371-1234

   What help in your community & state?
Teach adults & kids: YOU

         PHONES TO
c. Safety Planning in Rural Area:
    If no phone, place chair next to
     mailbox when in danger
    Enlist mail carrier to alert sheriff
     when see chair.
   Mail carriers can also let victim place
    letter to police/ shelter in mailbox
    without stamp

   Get the victim a dog for protection
d. Safety Planning with battered
     women accused or convicted of crimes
 High risk in jail for abuse by guards & other
 Amnesty Int’l named U.S. prisons for women as
  1 of most egregious human rights violators
 Successful suit against Suffolk Co. (Boston) Jail:
  body cavity+ searches of women, not men & lots
  of sexual abuse
 Need prison ministries to include women’s jails
    Clearinghouse for Defense of
          Battered Women

   Technical assistance, briefs for attorneys,
    expert feed-back on case
       e. Recruit Community for
   Set up phone tree to check in

   Train pharmacist, dentist, doc, nurse &
    teacher to notice bruises

   Put SAFETY PLANS & posters in
    launderomat, post office, farm supply
    store, supermarket, town hall
    2. Survivor Support Network =
    Students & community volunteers assist
            victims with ANY need
   Fundraise to pay rent      Find child care
    & other bills
                               Provide rides
   Help write resumes &
    find jobs
                               (512) 232-7855

   Assist w budget & to
    access resources
Never tell a victim there is
        nothing she
               can do!

      1st call local, state & federal
      elected officials; shelter;
      hotlines; & GOVERNOR.
     3. In Giving Counsel to Victims,
     Conduct Lethality Assessment
   Suicide & homicide threats?

   Increased substance abuse or violence?

   Access to a gun?

   Severity & progression of prior abuse?

   e.g. Gavin DeBecker’s “Mosaic” program
      4. Spirituality in the Lives
          of Abuse Victims
a. Benefits
Spirituality as a protective factor
(Young, Cashwell & Shcerbakova, 2000)

Spirituality as a source of strength
  & healing (Farrell, 1996; Hassouneh-
   Phillips, 2003; Raphawel, 1998).
     b. Role of Spirituality

Strength/       Meaning/
 Coping           Purpose
Foundation      Support
Survival        Other
      c. U. Tx Prof. Dawnovise
          Fowler’s Research
1. “What does spirituality mean
   to you?”
2. “What role does spirituality
   play in your life?”
3. “Should spirituality be a part
   of services that you receive?
   If so, how?”
   Strength/ Coping:
“Spirituality plays the role of strength. . .
  When my ex got out of jail, he came
  threatening me. Saying I better not show
  up in court. I never thought I’d be strong
  enough to get a protective order against
  my ex or to raise all 4 of my kids
“Faith is better than any high I ever had.
  It’s better than any man I ever had. It’s
  better than family because they’re not
  always there for me. But that’s
  [spirituality] always there for me. . .
It’s the foundation and something I try to
  start and finish the day with.”
     Spirituality in Services

1. Prayer groups/ partners
2. Integrated counseling
3. Use of others’ lived
4. Use of faith community as
          Literature Resources:
Fowler, D.N. & Hill, H.M. (2004). Social
 support and spirituality as culturally
 relevant factors in coping among African
 American women survivors of partner
 abuse. Journal of Violence Against
 Women, 10(11), 1267-1282.
 This article examines relationship between abuse &
  adverse mental health outcomes (depression & PTSD
 +contributions of social support & spirituality
  (culturally relevant coping resources)
    d. Addressing Spirituality
        with Abuse Victims
 Ask: “Is there a faith presence in
  your life?”
 Identify the faith leaders in your
  community who can provide support
 Ensure faith community understands
  dynamics of domestic violence
 Ensure faith institutions have
  SAFETY PLANS & info on resources
Peace & Safety in the Christian
      Home (PASCH)


 Phone 508-896-3518
 Resources, Spiritual Direction, Prayer +

   National 24-Hour Christian Crisis
    Intervention Hotline is 1-866-86-ABUSE
        Action Planning. . .
     B. “Get real” safety planning
              vs. minimal
   Beyond protective order &
    prayer, what does THIS
    victim need?
   What resources can we
    make available to victim?
   Economic empowerment. . .
     *Victims should be able to
            depend on us to:
   Keep in mind how tough the leaving
    process is

   Not judge them

      C. What Works? Economic
        Empowerment with Victim
1. Welfare = #1 Safety Net for Battered
   Women, but . . . TANF Family of 3 per
   mo: Miss $120 – Tx $208 – ILL. $377 -
   NY $577 (NYC) – AK $923.
2. Plan: house + car + job training + real job
    + counseling + medical care + glasses
    (Lion’s Club) + dentist + food.
C. De-criminalize survival welfare fraud
 1.   Most victims not receiving child support;
 2.   Vast majority attempting to properly care
      for children;
 3.   Can we make non-paying parent
      reimburse the state?
 4.   If victim must repay, allow reasonable
      time based on income vs. expenses, e.g. 4
 5.   Support of Travis Co. DA Ronnie Earle
 Section 8
 Public Housing
 Habitat for Humanity
 Private donation of use of home, condo
1.   Bus or subway pass donated
2.   Used car donated
3.   E-mail everyone you know to ask if want
     donate used car & give tax credit
4.   Get retirement home residents donate cars
            *Job/ Career

     Dream” Plan

1.What is your life dream?

2.Plan #1 - #10 how to make
 it happen. . .
     if survivor wants to be a nurse,
   mortician, heavy eqpmt operator
#1. G.E.D. ($50 fee);
#2. Secure child care;
#3. Transportation;
#4. Community College;
#5. Secure financial aid
#6. Mentor (teach how to study, etc.)
 *Counseling/ Mental Health

Screening for depression impt
Free at most shelters
Ask therapists to donate
AA, NA, self-help groups
         * Mental Health Issues
 Prolonged stress can permanently harm
  hippocampus (part of the brain involved
  with memory) – infants, too.
 Studies show antidepressants can reverse
  the stress-induced harm.
Erica Goode, Antidepressants Lift Clouds, But Lose ‘Miracle Drug’ Label,
   THE NEW YORK TIMES, June 30, 2002, p. 18.
    Adverse impact of abuse:
Up to 83% abuse victims report
 clinical levels of depression
 (Campbell, et al., 1995);

49% - 83% meet criteria     for PTSD
 (Street & Arias, 2001).
  Victims in multiple violent
 relationships show elevated
rates of child abuse, PTSD &

Frederick Coolidge & Laura Anderson, Personality Profiles
of Women in Multiple Abusive Relationships, 17 J. of FAM
                 VIOL 117 (June 2002)
           *Medical Care
 Medicaid
 Planned Parenthood
 Community Clinic
 Doctor donation

  laminated cards for docs, social workers,
 Lions’ Club
 Church groups
 Emergency Food Stamps: 3 days
 Regular Application Food Stamps: 30 days
 Food pantries: which have pampers,
  formula, baby food, special food for
  diabetes, etc.
    *What else does this victim
 Wheelchair?
 Car seat for baby?
 Crib?
 Refrigerator?
 Cash?

     *Child Support Enforcement
Lack     $$ = #1 reason victims return
    to abuser
   Office Mgmt & Budget:   $84 billion
Decrease child       poverty 47% if pd
         *Survivor with no $$:
1.   Community/ Church garage sale: e-mail
     for donations, hold at local church
2.   Ask 10+ friends to “adopt” battered
     woman at $10 - $25 per month
3.   Students collect clothing, money &/or
     have bake sale
4.   Student donated condo for 3 years
5.   Professionals hire client to clean, babysit
           Det. Jim Sylvester
             Travis Co. Sheriff’s Dept (TX)
 Enlisted Law Enfcmt Assoc. to donate $$ for
  victim needs
 Routinely goes to court to argue with judges
  about bail & bond
 Designed sticker to alert locksmiths if batterer
  should not be in home
 Follows up with officers not handling cases
 Just promoted to Major. . . Yeah!
   “We’re out of

money, now we have
     to think.”

  Sir Winston Churchill
3. Individualize interventions:
    Need to find out why this
    victim stayed or returned to
    batterer. . .
                  Then make every
                 effort to get her the
                 money, counseling,
                    etc. she needs
4.   Six Things to Say to a Victim
I  am afraid for your safety.
 I am afraid for your children’s safety.
 It will only get worse.
 We are here for you when you are ready.
 You don’t deserve to be abused.
 How can I help?
5.   Victim Empowerment: give us
        information about everything
         –   Job training & education options
         –   The court system: civil & criminal options
         –   Probation & monitoring capabilities
         –   Counseling programs
      a choice: whether or not to testify
      resources & referrals
      unconditional support
      III. Clergy Response to
      Domestic Violence Victims
A.   Why should the faith community get

     1. Because victims, offenders &
        children’s lives depend on it.

     2. Ethical pastoring requires knowledge
        of domestic violence safety planning.
        3. EDK Assoc. ’96 Study
   Poll of 1,300 racially diverse Americans in 5
 93%    said if being physically
    abused, they would speak to family,
    friends or clergy about the abuse.
   Clergy have access to battered women that
    other professionals do not.
      4. Call to Accountability
 Batterers hope that you will not intervene,
  giving them the green light to continue the
 Religious leaders are called to act as a
  prophetic voice that calls people to
  accountability and shows them the right path.
B. Collaborate with Experts
   Clergy should work together with
    battered women’s advocates and
    batterer’s treatment counselors

   Abuse victims may look to clergy for
    spiritual guidance, but others can help
    with legal and social services.
         Pastoral Counseling
 Clergy know how to support people &
  translate scripture to guide them.
 Battered women’s advocates can provide
  information on court procedures, orders of
  protection, prosecution, arrest, and specific
  community resources.
 It is the combination of these counsel that
  most benefits abuse victims & their children.
     C. No to Couple’s Counseling
1.   Doctors are bound by, “FIRST, DO NO
2.   Batterer’s treatment experts warn that couple’s
     counseling is unwise because:
    Most batterers will not negotiate in good faith.
    It is often dangerous for clergy & victim.
    Batterer may retaliate for anything she
       3. Separate Counseling
   May be effective IF the batterer is held
    accountable for his abuse,

   And clergy understands the POWER &
    CONTROL dynamics of abusive

   And SAFETY is the #1 priority.
      D. Ensure Faith Community
             is Responsive
1.   Does environment of congregation encourage
     sharing or silencing crisis?
2.   Are strangers welcome?
3.   Are there small groups to encourage sharing
     of difficulties?
4.   Are there adult education sessions? Could 1
     or 2 be devoted to domestic violence issues?
    5. Congregation Assistance
*Does your congregation help social
 service agencies through financial &
 in-kind donations, + volunteer
*Victims receive a strong message of support if
 their clergy are committed to assisting abuse
       E. Worship Suggestions

1.   Clergy & lay worship leaders can
     remind all that God intends for
     people in covenant relationships
     to be mutually respectful, not use
     violence to gain fearful
   2. Borrow or create litany to
remember domestic violence victims
3. Use church bulletin inserts to
   educate congregation about
   domestic violence & community
4. Choose hymns that bespeak healthy
          5. Preach sermons
That address the importance of mutual respect in
Be they at home, work or in our social lives.
Include PRAYERS to strengthen & protect
And that batterers might acknowledge the sin of
  their abuse.
  *Scripture is rich with material on
         respecting women:
 Joel2:28-29       Luke 2:36-38; 8:1-3
 2 Samuel 14:2-20  2 Timothy 4:19, 21
 Song of Solomon   Romans 16:1-7; 12-
 Matthew 22:23-30   13, 15
 Mark 5:24-34      Acts 18:1-3, 18-19
*Scripture teaches treating women
as responsible partners & parents
 Genesis 1:26-27    Luke 1:26-38;
 Matthew 19:3-       57-64
  10; 15:1-7a        Romans 16:3,5
 Mark 10:11-12      1 Corinthians 7;
*Scripture addresses being kind
 to & being moved by women:
Mark 1:29-31; 5:21-43
Luke 13:10-17; 7:11-17; 7:36-
 John 8:2-11; 11:1-44
 Acts 6:1-3; 9:36-42
 *Scripture teaches negotiating
   with & being fair to women

2Samuel 20:16-22
Luke 10:38-42
Galatians 3:27-28
*Scripture teaches being honest
& recognizing women’s strength:
Matthew   15:21-28
Luke 2:33-35; 23:26-31
John 4:1-42
Acts 8:3; 9:1-2; 22:4-5
Phillippians 4:23
    *Scripture speaks of women as
 Exodus 15:20-21               Colossians 4:15
 Acts 16:11-15, 40; 17:4,      Judges 4:4-10
  12, 34; 12:12                 2 Kings 22:14-20
 Acts 18:24-26; 21:7-9;        Mark 14:3-9; 15:40-
  1:14; 2:1-4                    41
 Luke 1:41-55; 2:36-38;        John 4:1-42; 20:11-18
  23:50-56; 24:1-12             Titus 2:3
       6. Invite an expert
to address the congregation,
whether during the sermon or
adult education time – just as
  missionaries have done.
   7. Designate weekly
  offering be donated to
programs serving domestic
     violence victims
    F. Keep victim safety as priority
 It may be tempting to counsel a battered woman to
  keep her family together at all costs.
 But this position ignores the very real DANGER
  to victims & their children,
 And only harms the batterer by allowing the
  illegal, dangerous conduct to continue.
Adapted from Domestic Violence: A Focus Guide For Clergy & Religious
  Communities by Jeri Gray-Reneberg, M.Div. (Lincoln, Neb. Family
  Violence Council, 1996).
 IV. Community Response to
     Domestic Violence Victims
*Our Standard:
 How can we improve
 offender accountability?
     A. Community Safety Audit:
    Evaluate If Protecting Victims & Holding
             Offenders Accountable

   Phoenix: “DV & Systems Process Review”
    of Police Dept, City Prosecutor, Municipal
    Court & Family Advocacy Center (6 mos. in

Small  committees visit each
 agency & church to review
Then, offer recommendations to
 improve victim safety &
 offender accountability.
Domestic Abuse Intervention
   Project (Duluth, MN.)
 “Community Safety Audit
  Manual” #218-722-2781
   they will send outline
  B. Ask victim, “How can I
   help? What do you need?”

1. Then use all your contacts to assist her,
whether she needs child care, a used car, a
   job, a place to live, medical care, etc.
    2. Understanding the Danger
 Best predictor of violence is HISTORY of
 Risk of child abduction
 Lethality checklist + separation violence
 Risk of protective orders - may escalate the
  violence in some cases
3.   Victim Empowerment: give us
    information about everything
     –   Faith leaders who will support us
     –   Job training & education options
     –    The court system: civil & criminal options
     –    Probation & monitoring capabilities
     –    Counseling programs
 a choice: whether or not to testify
 resources & referrals
 unconditional support
          4. Teach Victims


            C. Safety Planning
   Adult & Child
    Safety Plans
   Not copyrighted
   Free!
    D.   Project Options – Travis Co. Atty
 Any victim dropping protective order must
  attend 3 Classes:
  1. Criminal Justice Options
  2. Community Resources: $$ + Safety
  3. Financial Literacy (budget, job hunting)
 Taught by volunteers, incl business & law
     E. Legal Aid for Victims

 Abilene
 Medical & Bar Associations pay for lawyer
 Helps with civil & criminal cases
 Office above Emergency Room at hospital
 Hours 2 – 10 p.m.
      F. The Change Process
1.   Pre-consideration: denial & avoidance
2.   Consideration: “I should change, but. . .”
3.   Plan: “June 1st I’ll quit smoking/diet. . .“
4.   Action: Succeed on 1st try?
5.   Support Network: “Try again!” + group

Prochaska & Declemente 30 year-research
     G. Universal Screening

1. Ask every patient/ client, on
   every visit:

“Have you been hit or threatened
 2. If patient says no, but you
 see indicators of abuse, say:
 “You   may not want to talk to me about
  it, but often when I see injuries like
  yours, it’s because the patient’s partner
  is hurting them.
 Here is a Safety Plan with the 24/7
  number of the shelter & police.
  PLEASE call them or me if you want
  3. If the patient says YES,

Provide  the SAFETY PLAN +
 info & referrals for community
Tell the victim, “YOU DON’T
Institute for Safe Families has
excellent laminated card for
universal screening:

             Provides what to say & do
                  for intervenors.
4.   Document in Medical Record
 Ensure that patient’s story, the identity of
  the abuser, and full diagnosis are in record
 Ensure photos are taken of any visible
 Delete any judgments, just report
 Use body map to show locations of injuries
 Document all referrals made
             5. Liability
 It is MALPRACTICE to omit
  medical, legal, mental health, social
  work & related professionals
 You are not mandated to provide
  crisis services, only to inquire &
  make appropriate referrals
  H. Cultural Competence with
     Kids & Adults: Still lots of
             work to do
1. Staff must reflect
2. Staff diversity
   training – make it
   creative & fun!
3. Disproportionate arrest,
   prosecution &
   of men & women of color

           How remedy?
  4. Judicial Oversight Initiative:
Milwaukee   County:
whites often receive citation
 & fines, Blacks arrested.
*Blacks = 24% pop, but =
66% of domestic violence
    cases in DA office

*Whites = 62% pop, but =
 32% of dv cases in DA
           4. Conn. NAACP
 Teaming  up with law students to
  monitor sentencing in state courts
 Most of Conn’s prison population is
  minorities, though blacks are just 12%
  of population

Reported in USA Today, March 30, 2004 p. 10A.
5. Problem persists with youth,

Youth  of color = 32% of youth,
 but 68% of those in secure
       List how achieve cultureal
1.   __________________   10. ___________________
2.   __________________   11. ___________________
3.   __________________   12. ___________________
4.   __________________   13. ___________________
5.   __________________   14. ___________________
6.   __________________   15. ___________________
7.   __________________   16. ___________________
8.   __________________   17. ___________________
9.   __________________   18. ___________________
  6. How apply cultural competence?

a. What do we need to learn about
   victim & offender’s race, religion,
b. How do you translate this info to
   ensure judge/ jury/ social service
   interveners understand issues?
         Achieving Cultural
c. Recognize not all people of color alike,
   even if look similar to you;
d. Learn about other cultures by
   Increase your knowledge & credibility.
   Achieving cultural competence
f. Learn to LISTEN: values & options
   may differ depending on the culture &
   faith of the person
   & knowledge of services, identifying
   what is needed (e.g. Spanish-speaking
   victim support group or batterer’s
   intervention program)
        Achieving Cultural
h. Ensure staff reflects the diversity
   of community: no excuse not to!
i. Ensure books, magazines &
   brochures reflect diversity of the
   people being served.
  William Monroe Trotter
 Institute @ UMass-Boston
 85%   of information produced by major
  media outlets about people of color
  was negative;
 Must read publications FROM
  communities of color to gain accurate
  news, e.g. national; Asian American,
  El Mundo, Ebony, Essence, Hispanic,
  Jet, Latina, etc. + local.
I. To document court
  practices: COURT
    WATCHES. . .

= system accountability
         4 Alaska grandmothers
       transformed their court. . .
     by sitting in court & documenting
 by meeting with judges & prosecutors to
        discuss problematic practices
  by following up to ensure reforms held.
      1st Recruit Volunteers
 City Year (San Antonio)
 Church Groups
 Jr. League
 Jewish Women’s Int’l
 N.O.W.
 Retired folk
 Students
 General community volunteers
    2nd Train Them to Document

 Few hours (Saturday 9 – 12)
 Food
 Lively speakers who can
 concisely explain the purpose &
 their role
3rd Based on Law, Document
 Court watchers use forms to note
 Time court spent on case?
 Judge ask about kids? About guns?
 Judge’s demeanor with victim &
 Judge check for other orders?
        Criminal Cases, did
 Put in case without victim?
 Know the facts & present them well?
 Treat the victim respectfully?
 Question jurors about possible biases?
 Determine the full range of abuse
  besides physical
Criminal cases, did the judge:
 Treat case seriously?
 Admit relevant evidence, e.g. excited
 Treat parties respectfully?
 Follow the law?
 Sentence to increase victim safety?
        Child Support cases

 Did non-payer show proof of
  income & expenses?
 Court insist on payment plan?
 Tulsa Judge Linda Morrissey: pay
  within 30 days or go to jail. Now
  she has 93% compliance within 30
  days. . .
     4th Write up brief report
 Emphasize   goal is to improve system,
  not embarrass anyone
 Follow statute to describe positive &
 Strategize who best to meet with judge
  or D.A.
    5th Meet with judge or D.A.
 Discuss what is working vs. problem areas
 Ensure focus on specifics, e.g. “We are
  concerned that in most cases, you did ask if
  the children witnessed the abuse.”
 Provide clear guidance on what needs to
  change, e.g. “Many judges have found it
  helpful to ask whether children were in the
  home, as they factor the harm to the kids
  into sentencing.”
If no progress, go to press. . .
  But so far, we have not had to
  resort to this. Most judges &
    prosecutors are amenable

  to suggestions grounded in the
     Another Option: Targeted Court Watch

 Justshow up for specific protection order,
  family or criminal cases with problem
 Still   have dramatic results!
 e.g. Cindy Dyer in Dallas brought her
  friend’s garden club to watch a domestic
  violence case the judge had threatened to
  dismiss, with more just resolution.
     J. The Role of Employers in
        Curbing Domestic Violence
1. If it’s in your community,
   it’s in your workplace!
2. Adapted from presentation
Maine Attorney General G. Steven Rowe,
  Faye Luppi, J.D., Ned Menoyo, ADA, and
  Ellen Ridley-Hooper
At Maine State Bar Association Summer Meeting
June 2003
    3. Employer Impact
   Performance/Productivity problems

   Increased health care costs

   Safety and security issues

   Legal liability
     4. Danger on the job:
 Between   30,000 and 40,000 incidents
 of on-the-job violence every year
 involve cases in which victims know
 their attackers intimately. (Bureau of
 Justice Statistics at the US Department
 of Justice, 1998).
         a. Business Leaders Report …

A  large majority of EAP providers
  (83%) have dealt with restraining
  orders in the past year (Harvard
  University School of Public Health,
 Over three-quarters of Human
  Resource professionals surveyed
  said that domestic abuse is a
  workplace issue (Personnel Journal,
    94% of corporate security
directors rank domestic violence
  as a high security problem at
         their company.

        National Safe Workplace Institute +
  Solomon, Charlene Marmer, "Talking Frankly
  about Domestic Violence," Personnel Journal,
                  April 1995)
              b. Safety Issues
 Domestic violence offenders
  represent an invisible safety threat to
  the workplace
 Homicide is the leading cause of
  death for working women in the
  United States (NIOSH)
 Sixteen percent of female victims in
  job-related homicides were
  domestic-violence related (US DOL,
    Census of Fatal Occupational Injuries)
5. Employment Impact on
   Seventy-four percent of domestic
    abuse survivors reported that their
    abusers had harassed them at work

   Over half reported missing at least
    three full days of work per month

   30% were fired
    (New York Victim Services Research Department, 1987; US
    Department of Labor)
      Possible Warning Signs:
   Tardiness or                Sunglasses indoors
    unexplained absences        Turtlenecks in summer
   Anxiety                     More moody,
   Change in job                depressed or distracted
    performance                 Court appearances
   Disruptive calls or e-      Being victim of
    mails                        vandalism or threats
   Unexplained bruises         Lack of concentration
    or injuries
6. Abusers and Productivity
   Abusers use large quantities of
    company time and resources to
    monitor their partners, including
    phones, e-mail, vehicles, and other
    employees (Employers Against Domestic Violence
    Study, 2002)

   Made dangerous and expensive
    mistakes on the job because they
    were distracted by their abusive
    relationships. (Employers Against Domestic Violence
    Study, 2002.)
    DV Workplace Offender
     Study - Preliminary Results
 54% of respondents said desire to control
  partner affected their job performance
 40% of respondents were supervisors
 32% of respondents caused a company
  project to be delayed
 75% had a PFA order served on them

Family Crisis Services/Maine Department of Labor Workplace
  Violence Study, 2003
        7. Healthcare Costs
 Domestic    violence is associated
  with significantly higher health
  care utilization rates ,with
  victims’ health care costs
  averaging $1600 - $2600 more
  per year than the general

(Group Health Cooperative Study, Seattle, 2002)
            8. Legal Liability
a. OSHA requires employers to keep a
   workplace free from recognized
   hazards (General Duty Clause 5(a)(1))

b. OSHA standards require an
   emergency action plan to cover
   such emergencies as external
   threats to employees, such as
   workplace violence (Standard 1910.38
           Legal Liability (cont.)

c. Jury awards for inadequate
  security lawsuits average $1.2
  million nationwide, with
  settlements averaging $600,000
  (Assault in the Workplace, Law, 1994
     (1.). Francescia LaRose v. State
      Mutual Life Assurance Co. (1995)
 The family of Francescia LaRose agreed to a
  settlement of $350,000. from Houston’s State
  Mutual Life Assurance Company and the
  Duddleston Management Company, after Ms.
  LaRose was murdered at work in 1995.
 Ms. LaRose had requested that her employer help
  protect her from ex-boyfriend, Patrick Thomas,
  who had threatened to murder her.
 Sadly, her employer’s response was to admonish
  Ms. LaRose to keep her personal problems out of
  the workplace
    (2.) Tepel v. Equitable Life Assurance

 San Francisco jury awarded $5 million
  dollars to the families of a battered
  woman’s co-workers, who were murdered
  at work by the woman’s estranged husband.
 The victim’s employer, the Equitable Life
  Assurance Society, denied assistance, thus
  endangering not only the victim, but her co-
  workers, as well
          9. Model Laws: Maine

   Employment Leave for Victims of
    Employers must grant reasonable and
    necessary leave from work if an
    employee or employee’s daughter, son,
    parent, or spouse is a victim of domestic
    abuse, sexual assault, or stalking.

    Title 26, Subchapter VI-B, § 850.
         Unemployment,          cont.

Unemployment claims resulting from
 domestic violence are charged to
 the general unemployment fund.
 They are not charged to the
 individual business in which the
 worker was employed.
 For more information contact the Maine
 Unemployment Tax Division
 at (207) 287-3176.
10. Comprehensive Response

 Legal professionals have an opportunity
  to develop internal model programs for
  their firm or practice
 Legal professionals have an obligation to
  provide clients with information on risk,
  prevention strategies, and a
  comprehensive workplace response
 Coordinated community response is the
  key to ending domestic abuse
              a. Take Action!
   See It! Notice the signs someone
    may be living with or perpetrating

   Say It! Reach out to employees with

   Plan For It! Establish a
    comprehensive response
b. Plan For It!: Workplace
    Response Overview
   Develop a relationship with your
    local domestic violence project/

   Create a workplace culture in which
    both people who are abused and
    people who are abusive feel
    comfortable coming forward to
    access services
     Workplace Response Cont.

   Create a domestic abuse team
    comprised of Human Resources,
    Security, Administrative, Associates,
    and others

   Train the the Domestic Abuse Team
    in collaboration with your local
    domestic abuse project
       Workplace Response Cont.
   Train all managers, supervisors, and
    other key employees

   Create comprehensive security
    protocols to prevent and respond to
    workplace domestic abuse

   Provide an awareness campaign for
    employees (posters, safety cards in
    bathrooms, brochures)
        An Important Reminder
 The employer’s role is to listen,
  support, & refer to resources.
 When an abuser comes forward,
  employer should refer to a help
  source & consider measures of
  accountability when necessary
 The employer’s role is not to
  become overly involved and be that
  person’s counselor.
       11. Benefits to Both Employer and
   Employers retain valuable employees,
    reduce business costs, enhance worker
    and workplace safety, and do the right

   Employees keep their jobs through
    employer flexibility and options,
    personal safety is enhanced, financial
    security is increased
Maine Employers Against
Domestic Violence ~ Be a
    Model Employer
   Maine Attorney General’s Office
   Central Maine Medical Center
   InterMed
   Cumberland County Government
   Eastern Maine Medical Center
   Anthem Blue Cross Blue Shield
   Moosehead Manufacturing
       12. What You Can Do ~ Next Steps
   Create an interest at the top of your

   Develop a relationship with your local
    domestic violence project for training
    and consultation

   Partner with employers who have
    completed this process
         Some Resources
 ABA    Commission on Domestic Violence
  Employer Manual
 FBI Report on Violence in the Workplace:
 Family Violence Prevention Fund’s
  Workplace Domestic Violence Project
 K. Holding Perp After Arrest =
   decrease in DV recidivism
HI:   mandatory hold 48 hrs.

NV:    mandatory hold 12 hrs.

IND:   mandatory 12 hr. hold
       L. Batterer’s Intervention
1.   20 states mandate BIP standards, 12 states
     have voluntary standards & many in
     progress of drafting

2.   Challenges include
     a. monitoring compliance with standards
     b. if stds include specificity needed
     c. stds may fail address victim safety
*Common Factors in Effective Batterer’s
     Intervention Programs (BIP)
1.   Minimum of ONE YEAR
2.   Behavior-Based Model NOT Anger
3.   Sanctions for Batterer’s Failure to
4.   Partner Contacts to Ensure Victim

Dr. David Adams, Dr. Vicki Boyd, Dr. Anne Ganley, Dr. Hamish Sinclair
    & Dr. Oliver Williams
     *Why Not Anger Management?
1.   DV is almost never about anger; it is about
2.   Empirical Studies of Anger Management
     programs indicate high recidivism
3.   They allow batterer to blame abuse on anger,
     rather than taking responsibility for his
     unlawful conduct
4.   They fail to address batterer’s CHOICE TO
Longer BIP’s more effective:
Montana now mandates min of
40 hrs. to be qualified BIP
              CA. requires
         consecutive, weekly BIP
             for 18 months.
    MAN ALIVE 3-year Calf. program
 Hamish Sinclair (former batterer) designed to
  teach batterers how to teach other men to be non-
 3rd year participant can be co-facilitator
 UC-Davis evaluated his prison program: found
  86% recidivism among violent offenders not in
  program vs. 27% for those completing Man Alive
      Prof. Gondolf: BIP outcome
             improved by:
       Swift, certain court referral
       Periodic court review
       Specialized probation surveillance
       Ongoing risk management
    Batterer Intervention Systems – Issues, Outcomes and
    Recommendations by Edward Gondolf (2002)

That is, they were not apprehended nor
sufficiently contained after their first
     Gondolf p. 204
   4. Effective COMPLIANCE:
 Parenting classes if kids in the home
 FL: min. 5 day sentence if bodily injury
 Restitution: Mandatory in VA + feds
Stanley Goldstein, Dade Co.
        Drug Court
 *If fail traditional drug treatment, then
 choose acupuncture or jail because of
     acupuncture's high success rate.
 "The hardest thing to do is to
get people to change - and we
     changed everything,"

  Dade Co. Circ Judge Stanley
 6. Christians Addressing Family
      Abuse (Eugene, OR.)
 Scripture-based support groups for adult &
  teen victims
 Scripture-based Batterer’s Intervention
 Community Education seminars to teach
  scripture disapproval of domestic violence
 921 Country Club Road, Suite 222 Eugene,
  OR 97401 Phone: (541) 686-6000
 Cangleska – Pine Ridge (S.D.)
Oglala Sioux Domestic Violence
BIP uses faith & cultural teachings:
“DV is NOT a Lakota tradition!”

   Offer acupuncture + BIP

   Repeat batterers must go to isolated
    area on Rez for introspection
M. Community Education

  *ensure materials reflect diversity

   *plaster throughout community
    1. Safety Plan Brochures
 In the courthouse & police station
  waiting areas & bathrooms
 In libraries, schools, stores,
  laundromats, community agencies
 Offices of doctors, lawyers,
 Distributed by police at every crime
     2. “MEN CAN” Billboard Campaign

 (tel)
 Download FREE
 Not copyrighted
Billboard & Side Austin Buses
Poster: Side of Austin Buses
 Thank you
for being a
part of the
 “For with God
nothing shall be
   Luke 1:37
   Sarah Buel:

   National Domestic Violence Hotline 1-800-

   National Center on Domestic & Sexual
           More Resources

   Battered Women’s Justice Project =
    provide TA re: divorce, support,
    custody, protective orders,
    prosecution, BIP’s,

   Family Violence Prevention Fund =
    resource ctr on DV & healthcare issues
    Nat’l Council of Juvenile &
      Family Court Judge’s
 Resource Ctr on Domestic Violence, Child
  Protection and Custody
 Juvenile Justice Resource Center
 Technical Assistance
 Quarterly Journal, Monthly Newsletter
 1-800-52-PEACE
 Extensive   collection of articles &
 Domestic Violence, Child Abuse &
  Sexual Assault resources
 Prof. Jeffrey Edelson, UMN
                  Helpful Books
 The Verbally Abusive Relationship by Patricia
  Evans (practical guidance)
 Getting Free by Ginny NiCarthy (advises victims,
  colleagues, family through leaving process)
 Lessons in Living by Susan Taylor (inspirational
 Trauma & Recovery by Judith Herman (correlates
    prisoner of war trauma with that of rape & dv victims
    based on research; & offers guidance for assisting trauma
Center for the Prevention of
   Sexual & Domestic
 #206-634-1903
 Religion-based technical assistance
 Excellent Newsletter
 Videos, brochures, trng materials
Victory Over Violence. . .

             It takes all of
“When you’ve been blessed,
      pass it on. . .”

           Patti LaBelle

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