You are on page 1of 33

UNDERSTANDING DOMESTIC

VIOLENCE
THE CHILD WELFARE CONNECTION
STATISTICS

 More than 15 million children in the U.S. experience CDV


 More than 40 million adults in the U.S. were once these children
 1 in 7 children are exposed to intimate partner violence each year, and 90% of these children are
eyewitnesses
 Every day more than 3 women are killed by an intimate partner
 Domestic violence is the leading cause of injury to women
 82% of women incarcerated are survivors of domestic violence
A NEW COVID-19 CRISIS: DOMESTIC ABUSE RISES WORLDWIDE

Impact on Victims and Survivors


 Social distancing, self-quarantine, and diligence in employing common-sense measures to prevent the spread of
the disease, are challenging those experiencing domestic violence with new challenges to navigate and higher
than ever anxiety. These efforts will likely force victims and survivors to spend more time in close proximity with
their abusers, increasing the risk to their safety and well-being during an already stressful time. 
 The closure of schools and community centers can further strain families. These institutions provide structure and
safety that may not exist in the home. Individuals will be faced with having to ensure childcare, maintain
employment, provide nutrition for their family, and access to healthcare.  These additional stressors may intensify
situations where financial abuse is likely already present. The loss of work and income resulting from this public
health crisis can mean the difference between safety and independence and life with an abuser.
DOMESTIC VIOLENCE DEFINED

 Domestic Violence
 Interpersonal Violence
 Dating Violence
 Intimate Partner Violence
 Domestic Abuse
POWER AND CONTROL

Physical Violence
Sexual Violence
Emotional/Psychological
Financial
ANGER: IT’S NOT THE WHY, IT’S THE HOW

Anger Management Batterers’ Intervention


 Anger primary problem  Power and Control primary problem
 Primary focus of controlling emotion  Primary focus changing beliefs and behavior
 Abuse is seen as loss of control  Abuse is seen as taking control
 No identified victim  Victim identified
 Little attention is given to accountability  Accountability is paramount
PATTERN OF
ABUSE
Feeling like Having
Feelings of
you have lost trouble
fear
control concentrating

Feeling
TRAUMA
Feeling guilty negative Depression
about yourself SYMPTOMS

Problems in
Anxiety your
relationship
WHEN WE EXPERIENCE TRAUMA AT THE HANDS OF SOMEONE WE LOVE AND TRUST, IT OFTEN IMPACTS US PROFOUNDLY
AND IN MANY AREAS OF OUR LIVES

There are three common “clusters” of the body and


brain’s response to trauma.
1. Hyperarousal: This refers to the physiological
(body) changes that occur in the brains and bodies
of trauma survivors, which prepare them to
respond to perceived danger.
2. Intrusion or re-experiencing events: These
symptoms refer to the experience of the trauma
“intruding” upon your life after a traumatic event
is over
3. Constriction or avoidance reactions: Often our
brain responds to stress by trying to keep us safe
through ignoring or avoiding anything related to
the trauma.
TRAUMATIC BRAIN INJURY – THE CONNECTION

 An alteration in consciousness after


some type of external trauma or force to
the brain
 Often no physical signs that a TBI has
occurred
 Millions of women may be sustaining
unacknowledged, unaddressed, and
often repetitive mild TBIs or
concussions from their partners
 https://n.pr/2Lny9GU
THE MONSTER IN THE CLOSET
UNDERSTANDING DOMESTIC
VIOLENCE FROM THE CHILD’S
PERSPECTIVE

https://youtu.be/LbRba9XHKKw
EFFECTS OF DOMESTIC VIOLENCE ON CHILDREN

 More than 15 million children in the United States live in homes in which domestic violence has
happened at least once.
 These children are at greater risk for repeating the cycle as adults by entering into abusive
relationships or becoming abusers themselves. For example, a boy who sees his mother being
abused is 10 times more likely to abuse his female partner as an adult. A girl who grows up in a
home where her father abuses her mother is more than six times as likely to be sexually abused as a
girl who grows up in a non-abusive home.6
 ACE’s
 Children who witness or are victims of emotional, physical, or sexual abuse are at higher risk for
health problems as adults. These can include mental health conditions, such as depression and 
anxiety. They may also include diabetes, obesity, heart disease, poor self-esteem, and other
problems.7
INTERSECTION BETWEEN DOMESTIC VIOLENCE AND ADVERSE
CHILDHOOD EXPERIENCES (ACES)

 95% probability that a child growing


up with domestic violence will be
exposed to at least one other adverse
childhood experience (ACE)

 More than one-third (36%) of children


exposed to domestic violence have 4
or more other ACEs
*From Toolkit Domestic Violence and ACES, Linda Chamberlain, PhD, MPH
CENTER FOR DISEASE CONTROL AND PREVENTION

The experiences we have as children—good and bad—can affect us for the rest of
our lives.
 https://vetoviolence.cdc.gov/apps/phl/resource_center_infographic.html
CO-OCCURRENCE
 Considerable evidence points to the
fact that domestic violence and
child abuse often co-occur.
 In an estimated 30 to 60 percent of
families in which either child
maltreatment or exposure to adult
domestic violence is occurring, the
other form of violence also is being
perpetrated. 
DOMESTIC ABUSE AS CHILD
ABUSE

 Causing or substantially contributing to


serious mental injury
 Creating a reasonable likelihood of bodily
injury
 Creating a likelihood of sexual abuse or
exploitation of a child
 Causing serious physical neglect of a
child
Witnessing DV is not considered child abuse
WHY DOES SHE STAY?
SHOULDN’T WE BE ASKING WHY DOES HE ABUSE?

The threat is real!


LETHALITY RISKS
 FIREARMS: The presence of a gun in a domestic violence situation increases the risk of homicide by
500%.
 STRANGULATION: 43% of domestic homicide victims had been strangled by their perpetrator within
the last 12 months.
 THREAT TO HARM VICTIM, CHILDREN, OR THEMSELVES
 PREGNANCY: Homicide was found to be the second-leading cause of injury-related death for pregnant
women, after car accidents, in a study by the National Institutes of Health
 LEAVING: 75% of domestic violence related homicides occur upon separation and there is a 75%
increase of violence upon separation for at least two years
 https://www.pcadv.org/wp-content/uploads/2018-Fatality-Report_web.pdf
LEAVING THE MOST DANGEROUS TIME

 Leaving an abusive partner puts victim


in potentially life-threatening danger.
 One study found in interviews with
men who have killed their wives that
either threats of separation by their
partner or actual separations were
most often the precipitating events that
lead to the murder.
PENNSYLVANIA LETHALITY ASSESSMENT PROGRAM

 Eleven questions can be the


difference between life and
death in a domestic violence
situation.
PENNSYLVANIA LAWS
THOUGH PENNSYLVANIA DOES NOT HAVE A CRIME OF DOMESTIC VIOLENCE, ABUSERS MAY BE CHARGED WITH OTHER, RELATED CRIMES.

 Pennsylvania defines domestic abuse as one or more of the following acts occurring between
family or household members, sexual or intimate partners, or people who have a child in common:
 Purposefully or recklessly causing or attempting to cause bodily injury, serious bodily injury, rape, involuntary deviate
sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault, or incest with or
without a deadly weapon
 Causing another person to reasonably fear imminent serious bodily injury
 False imprisonment
 Physically or sexually abusing a minor child, or
 Engaging in a course of conduct or repeatedly committing acts directed at another person under circumstances that place
the person in reasonable fear of bodily injury.
 “Family or household members” means current or former spouses, persons who live or have lived as spouses, parents and
children, other persons related by blood or marriage, current or former intimate or sexual partners, or persons who have a
child in common.
STRANGULATION LAW

 Strangulation is one of the most lethal forms of domestic violence.


WHY?
 Section 2718 amends Title 18 of the crimes code and allows
defendants to be charged with the crime of strangulation – as well
as felony charges in domestic violence cases. Oct 2016
 The law states that a person commits the offense of strangulation; if the
person knowingly or intentionally impedes the breathing or circulation
of the blood of another person by applying pressure to the throat or
neck, or blocking the nose and the mouth of the person.
 The law also explicitly states that infliction of physical injury to a
victim is not an element of the offense. This means the person who is
strangled does not have to have a physical injury in order for the
defendant to be charged with the crime of strangulation.
DOMESTIC VIOLENCE AND FIREARMS- ACT 79

This law includes improvements to Requires those convicted of domestic Eliminates the issue of domestic abusers
Pennsylvania’s PFA Act and deals violence or who have been issued final relinquishing their guns to friends or
primarily with increased safety provisions protection from abuse orders to surrender family members, as was previously
related to firearms in both Protection their guns to law enforcement within 24 allowed. Now, they must turn their
From Abuse (23. PA C.S.) and hours unless otherwise specified by a firearms over to law enforcement.
misdemeanor crimes of domestic violence judge.
(18 PA. C.S) to help prevent domestic
violence homicides.
Individuals convicted of domestic abuse
previously had up to 60 days to relinquish
their firearms.
 The Pennsylvania Address Confidentiality Program (ACP) is
administered by the Office of Victim Advocate (OVA). ACP
provides victims of domestic violence, sexual assault or
stalking with a substitute address.
 ACP helps victims of domestic violence, sexual assault or
stalking keep their new home address safe from their
ADDRESS perpetrator after they have left an abusive or dangerous
situation.
CONFIDENTIALITY  The program has two basic parts. First, the ACP provides a
PROGRAM substitute address for victims who have moved to a new
location unknown to their perpetrator. The second part of the
program provides participants with a free first-class
confidential mail forwarding service
 https://www.ova.pa.gov/Programs/AddressConfidentia
lityProgram/Pages/ACP--Basics.aspx
 Victims of domestic violence and other crimes in
Pennsylvania can access a network of experienced
licensed attorneys for free and credible legal information,
resources, and referrals for help navigating a variety of
civil legal matters including domestic and sexual
violence, divorce, custody, immigration, and more. 
 PA Safe Law provides legal information but does not
represent clients.
  1-833-727-2335
 https://pasafelaw.org/
WHAT IS A PFA?

Temporary or Protection from Sexual Violence


Protection from Emergency PFA Intimidation Protection
Abuse Order
FINAL PFA Order Order
The Protection From
When an abuser is a present or The Protection From Sexual Violence and
past member of the victim’s Temporary= 24 hrs
Intimidation Order was created Intimidation (PSVI) Act
household or family, the victim is Final = up to 3 years
to protect minors when the applies to adults and
eligible for a Protection From offender is age 18 or older. For minors (children younger
Abuse order. PFA orders are court example, a PFIO could be than age 18) who are
orders a judge can issue that granted for a child whose sports victims of sexual
require an abuser to stay away coach or an adult friend of the violence, harassment,
from a victim of domestic family is stalking or harassing stalking, and intimidation
violence, dating violence or him or her. when the person who is
stalking abusing them is not a
member of their family or
household.
WHAT CAN A PFA DO?

 Direct the abuser not to abuse, threaten, harass or stalk you


 Evict or exclude the abuser from your residence
 Prohibit the abuser from contacting you
 Grant you temporary custody of your minor children
 Grant you temporary child/spousal support
 Prohibit the abuser from having any weapons and/or gun permit
 Direct the abuser to attend a batterers counseling program
 Direct the abuser to reimburse you for reasonable out-of-pocket
expenses that were incurred as a result of the abuse
 Allow the judge to grant any other relief deemed appropriate to stop the
abuse
HOW TO GET A PFA ORDER – DAUPHIN COUNTY

 The Dauphin County Victim Witness Program can assist you in filing for a Protection From
Abuse Order. Call (717) 780-7075. They are located in the Dauphin County Human Services
Building, 25 S. Front Street, 7th Floor, Harrisburg, PA 17101 (next to the courthouse).

If you require immediate or emergency protection during the night, on weekends, or during
hours when the courthouse is closed, you should contact the emergency on-call advocate with
Dauphin County Victim Witness at (717) 780-8052.
 Please call courts in advance to determine how COVID-19 has affected procedures
 YWCA Legal Center – 717-724-0516
HOW TO GET A PFA ORDER – LEBANON COUNTY

 When someone seeks a protection from abuse order during normal county courthouse business
hours, they should go to the county’s PFA office on the third floor of the courthouse at 400 S.
Eighth St., Lebanon
 During non-business hours, a victim can obtain an emergency PFA from an on-call 
magisterial district judge. That permit lasts only through the following business day, by which
time the victim must obtain a temporary PFA from a district judge if they wish it to remain in
effect.
Please call courts in advance to determine how COVID-19 has affected procedures
 Domestic Violence Intervention of Lebanon County - The Legal Advocate works with those
victims seeking a PFA by reviewing the paperwork and procedures, accompanying the victim to
the temporary and permanent order hearing, accompanying victim to the prothonotary’s and
sheriff’s office.
CALL YOUR LOCAL VICTIM ADVOCATE

YWCA of Greater Harrisburg Domestic Violence Intervention of


Lebanon County
http://www.ywcahbg.org/ 800-654-1211 http://www.dviolc.org/ 866-686-0451
INTIMIDATION IN COURTS
Vexatious litigation is legal action which is brought solely to harass or subdue
an adversary. It may take the form of a primary frivolous lawsuit or may be the
repetitive, burdensome, and unwarranted filing of meritless motions in a matter
which is otherwise a meritorious cause of action. Filing vexatious litigation is
considered an abuse of the judicial process and may result in sanctions against
the offender.

 Perpetrators of domestic violence become very adept at using the legal system as one more tactic of control against the
victim
 Not only is the abuser finding a new avenue for harassment, but he’s also telling his victim that the court isn’t a safe
place for her.
 “Not always easy for judges to tell whether litigation is abusive or legitimate. This can be particularly true in contentious
child-custody battles, where even good-faith attempts to gain custody can entail lots of legal persistence and drag on for
years. In such complex and emotional cases, judges may have trouble determining where to draw the line between
parents’ desperation to be with their kids and true abusive behavior.”
 99 percent of domestic violence victims also face some form of financial abuse, abusers tend to have more money and
thus more access to legal resources than the women fleeing their abuse
SAFETY PLANNING

 A safety plan is a personalized, practical plan


that includes ways to remain safe while in a
relationship, planning to leave, or after you
leave. Safety planning involves how to cope
with emotions, tell friends and family about
the abuse, take legal action and more.
 http://www.thevigor.org/the-vigor/#.XpdTV
shKhPY
RESOURCES
https://www.futureswithoutviolence.org/
resources+for+kids+and+families

You might also like