Transcript Domestic Violence and Child Endangerment

Domestic Violence and
Custody
The Role of Guardian Ad Litems
Vicky O. Kimbrell
Georgia Legal Services Program
December 2005
www.GLSP.org
“Since batterers are more likely to fight for custody of
children and as likely as non-batterers to be successful in
this action, more intensive reading and training in this area
is essential for professionals.”
Lundy Bancroft & Jay G. Silverman
The Batterer as Parent: Addressing the Impact of Domestic Violence on Family
Dynamics (2002)
I. Power and Control -The
Essential Elements of Family
Violence
Prevalence
Myths and Realities
Control
Possessive
The Charming Batterer
Prevalence of DV


The American Medical Association estimates that
over 4 million women are victims of severe
assaults by boyfriends and husbands each year.
About 1 in 4 women is likely to be abused by a
partner in her lifetime.
(Sara Glazer, "Violence Against Women," CQ Researcher, Congressional
Quarterly Inc., Vol. 3, No. 8, Feb. 1993, p.171.)

The victim in domestic violence is female in 85%
of all cases reported. Uniform Crime Reports as cited by M.C.
Moewe, "The Hidden Violence: For Richer and For Poorer," Fort Worth Star-Telegram,
Apr. 5, 1992)
DV Against Pregnant Women



As many as 17% of adult pregnant women are battered. The
number of teenagers that are battered during pregnancy may
be as high as 21%.
Abused pregnant women have a higher rate of poor weight
gain, first or second trimester bleeding, miscarriage, still
births, premature labor and low birthweight babies than nonbattered pregnant women.
Thirty-seven percent (37%) of female patients treated in an
emergency room for violent injury have been injured by their
partners.
–
http://www.save-dv.org/stats.htm
Georgia Fatality Report
GCADV,GCFV December 2004

137 Deaths as a result of DV 2003
–
–
–
–
–
101 gunshots
15 stabbings
7 strangulation
5 beaten to death
2 arsons
-- 1 pushed from car
-- 1 asphyxiation
-- 1 head injury
-- 1 hanging
-- 3 unknowns
Lethal violence is highest during and
after the couple separates
 Children become tools of batterers
efforts to control victim
 Batterers often accuse their partners of
alienating the children (Parental
alienation friendly-parent requirements.)

Control – “The” issue for batterers



The overarching behavioral characteristic of the
batterer is the imposition of a pattern of control
over the partner.
Batterers are also controlling with their children.
Professionals who intervene need to remain aware
at all times of the high potential for punishment or
intimidation of the victim or the children for
discussing events in the home.
–
Lundy Bancroft & Jay G. Silverman
The Batterer as Parent: Addressing the Impact of Domestic Violence on Family Dynamics (2002)
Possessiveness





Partners and children are possessions to a batterer
Not an issue of “anger”
Anger Management is not appropriate
Violence is a learned life long and effective
behavior – FVIPs teach behaviors and consequences
Manipulative tactics are used to keep control of
partners
–
Lundy Bancroft & Jay G. Silverman
The Batterer as Parent: Addressing the Impact of Domestic Violence on Family Dynamics (2002)
The Charming Batterer
Batterers who seek custody have distorted
perceptions: universally minimizing the role
of their violence
 May not seem to others like abuser
 May have successful work/community life
 Jekyll/Hyde behaviors 
MSV
– Lundy Bancroft, Why Does he Do That? Inside the Minds of Angry and
Controlling Men (2002)
Myths






Violence just happens when he’s angry
He has some mental illness
Alcohol is what makes him abusive
Drugs make him abusive
A Batterer can be a good parent
Just as many abusive women as men
– 85-90% of batterers are men
– 5-10% of batterers are women
Why doesn’t she just leave?







FEAR - #1 reason
Safety
Lack of money
Threats to children
Promises
Lack of enforcement
Frequency/Severity of
abuse
 Her childhood
 Isolation
 Beliefs about
marriage and/or men
II. Georgia Law
Legal Standards in Custody and
Visitation Awards in Georgia
Standards in Awarding Custody when
family violence is found
 Standards in Awarding Visitation when
family violence is found
 Third Party Custody - Child Protective
Services

Impact on Children
 50% of the time batterers also
abuse the children in the home.
 Children who witness violence
in their homes are much more
likely to become perpetrators or
victims of domestic violence.
 Children who see their mothers
abused are 6 times more likely
to commit suicide than children
in non-violent homes.
Standards on Awarding Custody when FV - OCGA
19-9-1 (a)(2) – “In a proceeding awarding
custody/visitation when family violence is found:”
– Court shall consider as primary the safety and wellbeing of the child and parent who is the victim of
family violence;
– Court shall consider the perpetrator’s history of
harming another;
– If one parent is absent or relocates because of family
violence such shall not be deemed abandonment of the
child;
– Court can order supervised visitation.
Custody between parents:
O.C.G.A. Sec. 19-9-3

(3) In addition to other factors that a court may
consider in a proceeding in which the custody of a
child or visitation by a parent is at issue and in
which the court has made a finding of family
violence:

(A) The court shall consider as primary the
safety and well-being of the child and of the
parent who is the victim of family violence;
Visitation
O.C.G.A. Sec. 19-9-7
(a) A court may award visitation by a parent
who committed one or more acts involving
family violence only if the court finds that
adequate provision for the safety of the child
and the parent who is a victim of family
violence can be made.

In a visitation order, a court may:
(1) Order an exchange of a child to occur in a protected
setting;
(2) Order visitation supervised by another person or agency;
(3) Order the perpetrator of family violence to attend and
complete, to the satisfaction of the court, a certified family
violence intervention program for perpetrators as defined in
Article 1A of Chapter 13 of this title as a condition of the
visitation;
(4) Order the perpetrator of family violence to abstain from
possession or consumption of alcohol, marijuana, or any
Schedule I controlled substance listed in Code Section 16-1325 during the visitation and for 24 hours preceding the
visitation;

(5) Order the perpetrator of family violence to pay a
fee to defray the costs of supervised visitation;
(6) Prohibit overnight visitation;
(7) Require a bond from the perpetrator of family
violence for the return and safety of the child; and
(8) Impose any other condition that is deemed
necessary to provide for the safety of the child, the
victim of family violence, or another family or
household member.
Custody and Batterers


Batterers are twice as likely to
seek sole physical custody for
their children than are non-violent
fathers.
When batterers do press for
custody, they are awarded it at the
same rate of non-batterers, 50% of
the time.
Forced Joint Custody
Forcing joint physical
custody on unwilling
parents results in high
levels of parental
conflict and re-litigation,
leaving children with
two tense and angry
parents. In Re: ARB
STATE INTERVENTION IN
FAMILY VIOLENCE CASES

“My three month old woke up in the middle of the
night with an ear infection and temperature. My
husband screamed, ‘Shut the baby up, I’m trying
to sleep.’ I was trying to comfort her, but nothing
worked. He got up, took her and whacked her.
She had a black and blue rear end. Now what
should I do? My husband told me. ‘No matter
what you say, I’m going to tell them that you did
it.’” Effective Intervention in Domestic Violence & Child Maltreatment
Cases – National Council of Juvenile & Family Court Judges, p. 11.
What would you Do?
What would be the Consequences?








Call police.
Call DFCS.
Go to doctor.
Call your family.
Call a friend.
Call a lawyer.
Call a shelter.
Leave.
Cruelty to Children



O.C.G.A. Sec. 16-5-70
Third Degree - Such person, who is the primary
aggressor, intentionally allows a child under the
age of 18 to witness the commission of a . .
.family violence battery
Such person, who is the primary aggressor, having
knowledge that a child under l8 is present and sees
or hears the act, commits family violence battery.
Legal Requirements before
Removal





Continuation in the home contrary to the welfare
of the child
Reasonable efforts by DFCS to prevent or
eliminate the need for the removal - 15-11-58
Such findings shall be made at every subsequent
review
Child’s health and safety is paramount - 15-1158(a)(1)
Parents have right to zealous and competent
representation. Indigent parents have right to
appointed counsel
Principles for an Effective and
Humane CPS System - Greenbook
 Safety,
well-being and stability for
children and families
 Children in care of non-offending
parent
 Community service system with many
points of entry
 Differential response to families
Principle I: Courts, lawyers, child protective
agencies, domestic violence agencies must
intervene to create safety, enhance
well-being, and provide stability for children
and their families.


Domestic violence perpetrators do not victimize
only adults.
Where women are abused, their children are also
often maltreated.
– Services must be provided for the parent-victim to
protect children.
From: Effective Intervention in Domestic Violence & Child Maltreatment Cases – National
Council of Juvenile & Family Court Judges - Greenbook
Principle II: To ensure stability and
permanency for children, courts and
communities must try to keep children in the
care of their non-offending parent.




Historically, mothers have been held responsible for batterer’s
violence – failure to protect;
Shortsighted to remove children from care of their battered
mothers rather than remove the batterer;
Link the safety of the children to safety of the mother;
Communities must develop a broad range of services and
interventions for family violence –Natl. Assn. Of Public Child Welfare
Administrators, Guidelines for a Model System (1999).
Principle III: Responsibility for Family
Violence Must be Placed Where it Belongs –
On the Abuser







Criminal Responsibility
Civil Responsibility
Financial / Economic Responsibility
Batterer Intervention Programs
Parenting Training
Supervised Visitation
Drug/Alcohol Abuse Intervention – Not excuses,
not causes of abuse.
DV ToolKit - Tools to Effectively
Intervene in DV Cases Where
Children are at Risk

Do’s and Don’ts in Caseplans
–
–
–
–
–
TPOs
DV Shelters
Separation from Batterers
Evaluations
Counseling
Temporary Protective
Orders

Do
– Advise Client of
Options
– Refer Client to Legal
Services, Private
Attys,Legal Advocate,
Vic Asstc, SAAGs
– Realistically explain
benefits and risks of
TPOs

Don’t
– Mandate TPOs
– TPOs can Anger
Batterer
– Mutual TPOs
– Uses your authority
to control victim
– Victim has more
information than you
upon which to make
decisions
DV Shelters

Do
– Provide information
about shelters
– Include shelter adv in
discussions
– Help with safety
planning

Don’t mandate
survivors go into
shelter
– Not ready to leave
mentally financially
– Not prepared for
communal living
– Not willing to take
children out of
environment
Separation from Batterer

Do
– Educate Victims on
Separation resources -Places,
shelters
– Financial resources,
• Safety in Workplace
• Child Support
– Public Benefits
• TANF, Food Stamps
• Medicaid, Peachcare
• SSI/SSD
• Public/Subsidized Hsg.
• PUP funds
• Victims Compensation –
$25,000

Don’t
– Make Victim Responsible for
Separation
– Mandate Separation without
safety planning
– More women are killed
leaving than staying. 75% of
homicides occur during
separation
Evaluations

Do
– Offer Services
Relevant to the Safety
Needs of the Victim
and Children

Don’t
– Order evaluations
because “everybody”
gets them - parenting
classes won’t keep
anyone safe
– Drug testing, mental
health - being beaten is
not a mental condition
Joint Case Plans Put Victims &
Their Children in Danger



Make each party responsible only for the actions
they can control. “Ms. Jones will not participate
in domestic violence.”
If he knows where and when her
classes/evaluations/tests/services are scheduled,
she’s in danger - and the case plan put her there.
FVIPS are never appropriate for victims
What can lead to economic
abuse?
Lack of child support in TPOs
 Lack of property awards in TPOs
 Injuries requiring medical attention
 Debts - Credit abuse
 Lack of Enforcement
 Workplace Violence

Safety Planning


With the Adult
With the Children
– Shelter Advocates - Experts in this area
– Are Advocates on Case Panels in your
community?
Batterer Case Plans

Perpetrator will:
– Commit no acts of violence;
– Commit no intimidating acts, threats or
verbal abuse
– Remove all weapons
– Comply with all court orders
– Attend and comply with all Batterer
Intervention program recommendations
– Not use physical violence against children
Batterer case plans




Acknowledge past abuse
Comply with substance abuse
recommendations
Comply with mental health
recommendations
Pay child support as ordered
Under the ODR Guidelines Mediation Issues



The party alleging domestic violence may choose whether
or not to proceed with mediation;
These standards also require that parties be fully informed
about the mediation process. In keeping with these
principles, and the necessity of protecting participants, an
alleged victim of domestic violence will be given the
opportunity to exercise choice about whether to proceed
with mediation prior to assignment of the case;
To ensure that the alleged victim’s choice to proceed with
mediation is self-determined, s/he must be provided with
sufficient information about the process to make an
informed choice.
Mediation Often Results in Poor
Outcomes for DV Survivors

The present study empirically evaluated
outcomes and found that mediators failed to
recognize and report DVin 56.9% of the DV
cases. Mediation resulted in poor outcomes
for DV victims in terms of protections, such
as supervised visitation, and protected child
exchanges.
– http://vaw.sagepub.com/cgi/content/abstract/11/8/1022
Resources:
DV Hotline: (800) 33Haven
(800) 334-2836
Georgia Legal Services: (404) 206-5175
Atlanta Legal Aid: (404) 524-5811