Transcript Impact of Domestic Violence on the Victim, Perpetrator and Children Judge Victor Reyes, (Ret,) 10th Judicial District Pueblo, Colorado Boulder, Colorado, July 27, 2015

Impact of Domestic
Violence on the
Victim, Perpetrator
and Children
Judge Victor Reyes, (Ret,) 10th Judicial District
Pueblo, Colorado
Boulder, Colorado,
July 27, 2015
After this workshop, you
will be better able to:
 Describe the context of violent behavior
 Evaluate the impact of domestic violence on adult
victims and children exposed to violence
 Identify patterns of batterer conduct and
understand the protection and restoration
requirements of victims and children
 Assess decision-making and courtroom presentation
of victims and perpetrators
 Select effective batterer intervention and
accountability mechanisms
Free Thinking:
What are some of the
most controversial
issues regarding
domestic violence?
3
Controversial Issues re: DV Cases
• Parental Alienation
• Gender (prevalence of
female on male
violence)
• Typologies of batterers
• “High conflict” versus
domestic violence
• False Allegations
• Recantation
• Victim Autonomy
• Batterer Intervention
Programs
• Impact of DV on
children & custody
• Immigration
• Credibility
• Stalking
4
A few statistics
 1 in 3 women will experience domestic violence in
her lifetime; 85-90% of victims are women
 Domestic violence is a leading cause of family
homelessness (in top five for last several years)
 Economic impact: $5.8 billion per year in medical
costs; 8 million days of work lost (equivalent to
32,000 full-time jobs); 20-60% of victims lose their jobs
due to effects of DV
 Only 25% of physical assaults, 20% of rapes, and 50%
of stalking are reported to police
Context Is
Everything
6
Context is critical
Failing to distinguish one kind of
domestic abuser from another
can:
 endanger victims of
ongoing violence
 embolden perpetrators of
ongoing violence
 place children at risk
7
Context means:
INTENT
MEANING
EFFECT
Who is doing what to whom and with what impact?
8
Context
 Not meant to excuse
criminal behavior
 Context determines the
appropriate interventions
and safety planning
9
Contexts for domestic
violence
Battering
 patterned use of violence, intimidation
and coercion to establish dominance
Resistive/Reactive
 violence produced and shaped by
battering
Other (e.g. “Situational,” Pathology)
 Violence not linked to establishing an
ongoing relationship of dominance
10
Battering/Coercive Control
 Power and control tactics
 Entitlement to control
 Separation/challenge to authority are triggers
 Escalation
 Most often male perpetrated on female
 “Jeopardizes individual liberty and autonomy as
well as safety,” and is centered on “the microregulation of women’s default roles as wife,
mother, homemaker and sexual partner” (Stark
2007).
11
Coercive Power
Based on Batterer’s ability to:
• Cause harm or fear of harm
• Issue rewards
• Achieve dominance
• Enforce/monitor
Based on Victim’s belief in batterer’s abilities.
Victim chooses but not “free choice”
(Dutton & Goodman, 2005)
12
Domestic violence:
 Is a pattern of coercive and assaultive behaviors,
including physical, sexual, verbal, and
psychological attacks and economic coercion,
that adults or adolescents use to establish and
maintain power and control over their intimate
partner
 Is not typically a singular event and is not limited to
only physical aggression
 Is intended to establish a pattern of desired
behaviors from their victims
 Can vary dramatically in frequency and severity
Context
 Measurement of violent acts alone
cannot provide whole picture
 Better decisions result from an
understanding of the uses of violence
and response to violence within the
context of the relationship:
Cultural norms
Social status/privilege/access
Institutional systems
14
How do we determine the context for this act
of violence?
(Intent, Meaning, Effect)
 Information from Parties:





History of violence
Existence of pattern of intimidation and threats
Intent and meaning of violence to victim
Risk assessment
Screening?
 Information from others: Review of police
reports, other documentation
15
An Exercise About Choices
As a result of this exercise, you will be better able to:
•Identify the complex reasons a victim
might choose to remain in or return to an
abusive relationship.
Provided by the National Judicial Institute on Domestic Violence (a partnership of Futures
Without Violence, the National Council of Juvenile and Family Court Judges, and the U.S.
Department of Justice, Office on Violence Against Women); adapted from an exercise by the
16
National
Clearinghouse on Abuse in Later Life
Impact of Domestic Violence on
Victim Behavior
Question
What can the court do to
help meet the needs of
battered women and
children?
18
Maslow's Hierarchy of Human Needs
Selfactualization
Esteem
Love/belonging
Safety
Physiological
19
“Why doesn’t she just leave?”
Complications
of immigration
Economic
dependency
Religious
pressure
Distrust of
the system
Family
pressure
Need for the
children to have a
father
Fear
Lack of
alternatives
Love
Hope
20
Common Frustrations
 Victims who stay/return =
common frustration for
system
 Asking “Why doesn’t he or
she leave?” places
responsibility for the
violence on the wrong
party.
21
Mixed Messaging
He will
never change
BIP
22
System's Mixed Messages to
Victims
Criminal
Court
Family
Court
23
Courts can help address
victims' needs:
Economic relief in a
PO= chance to leave
Well crafted custody
order= child/victim
safety
BIP = address
behaviors/possibly
prevent future
violence
24
Final points
 Leaving is a process
 Anger from friend or court is likely
to foreclose further
communication.
 Victims’ behaviors—the
challenges you faced in this
exercise provide insight into
victims’ behaviors.
25
Impact of
Violence on
Children
Children Exposed
to Domestic Violence
 Meaning of exposure
 Overlap with direct abuse
 Impact on infants, children,
and adolescents
 Emotional, behavioral, and
cognitive problems; PTSD
 Risk and protective factors
27
Factors Enhancing Resilience
 A strong relationship with a competent,
caring, positive adult; most often a
parent*
 Benefits of community safe havens (e.g.,
schools, community centers & churches)*
 Characteristics of the child — average/
above-average intelligence, good
attention span & interpersonal skills,
positive self-esteem, access to resources
for good schooling, employment, and
community activities*
*Osofsky, J.D. (1999)
The impact of violence on children
The Future of Children: Domestic
Violence and Children, 9: 3, 33-49
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Why is Domestic Violence Relevant in
Custody Disputes?
 Abuse Does Not End With Separation
 Overlap Between Child Abuse and
Domestic Violence
 Children’s Exposure to an Inappropriate Role
Model
 Undermining of Non-Abusive Parent
 New Relationships Potentially Violent
 Perpetual Litigation as Form of On-Going
Control
 Extreme Cases - Homicides and Abductions
Jaffe, P.G. Lemon, N. & Poisson, S.E. (2002) Child Custody
Disputes and Domestic Violence: Clinical and Legal Issues.
Sage, Thousand Oaks, CA
29
Decision-Making
Understanding Victim Behavior
In study of custody
cases with documented
abuse, evaluators
frequently failed to
consider the evidence in
the decision-(Silverman,
Mesh, Cuthbert, Slote &
Bancroft, 2004)
30
Abuse
(Child or Adult
Partner)
 Evaluated Risk to Children or Caregiver 
Nature,
Frequency &
Severity of
Family
Violence
Co-parenting
Parallel
Parenting
Supervised
Exchange
Supervised
Visits
No Visitation
High
Common Couple
Aggression / No
child
maltreatment
Low
Parenting Arrangements after Violence
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Batterer
Behavior
The Batterer
Assaultive and
controlling
behavior
Physical, emotional,
psychological and
sexual abuse
Intimidation,
Number of acts not
always indicative of
danger
Humiliation
Threats to
harm
Acts of violence
part
are
of
package
*Take a look at “Benefits of
Violence” in your materials
33
Basic/Fundamental Rules
 I make the rules.
 I am entitled to YOU, your
obedience, services, affection,
loyalty, fidelity, and undivided
attention.
 You cannot leave without my
permission.
 You cannot tell anyone of the
abuse.
34
Interventions for Batterers
 Program/research still evolving; cautious
optimism.
 Anger management and couples counseling not
appropriate
 Variable standards for programs. May need to
match batterer to specific intervention.
 Compounding problems: alcohol/drug abuse,
mental disorder, poverty.
Continue next slide
35
Interventions for Batterers
(cont.)
 Some batterers more responsive to
information about impact of their behavior
on their children.
 Most effective treatment combination
seems to be intervention tailored for given
batterer, coupled with compliance
mechanism —e.g., review/compliance
hearings.
 Programs part of coordinated community
response tend to produce better results.
36
Batterer Intervention Outcomes
• Question:
What outcomes with respect to
batterers intervention would we hope
to obtain in a model court?
Rev. 5-16-14
37
What are root causes of
battering?
• Power and Control
o Learned behavior
o Entitlement
• What exacerbates (but does not
cause) battering?
o Mental health, drugs & alcohol
o Poverty/unemployment/access to
resources
o Lack of social connectedness
38
“Batterer program outcome is
likely to be improved with swift
and certain court referral,
periodic court review or
specialized probation
surveillance and ongoing risk
management.”
Gondolf (2002) Batterer Intervention Systems. Thousand Oaks, CA:Sage.
39
Anger Management
• Format: Usually groups.
• Underlying violence theory: Tension-builds.
Anger/rage emerges. Explosive event.
• Goals: Recognize tension. Abuser learns & uses
strategies to respond/reduce tension, channel
anger.
• Providers: Credentialed and former group
participants.
• Impact on Violence: Does not effectively treat
battering.
Rev. 5-16-14
40
Key Issues in Research & Practice
for BIPs
• COMPLIANCE (getting to treatment
and staying there to the end;
accessible & affordable)
• MATCHING (differential assessment
and treatment – right programs for the
right person)
• DOSAGE (having the length & intensity
& comprehensive nature of program
appropriate to the level of need)
41
BIP Minimum Court Standards
• At a minimum, programs must be:
o Accountable to the prior and potential
victims of the defendants referred with
regard to issues of safety;
o Confrontive of the aggressive behavior of
batterers;
o Supportive of the need for and the
process of behavioral change by persons
who batter;
42
BIP Minimum Court Standards
• At a minimum, programs must be:
o Accountable to the local domestic
violence victim advocacy community;
o Coordinated with the community
agencies which address the problem of
DV locally; and
o Cognizant of cultural and ethnic
sensibilities.
43
Other Important Elements in
Batterers’ Intervention
o Close working relationship with the courts
and other law enforcement (policies,
protocols).
o Emphasis on keeping batterers
accountable.
o Understanding of DV as a domination and
control issue (rather than a problem with
anger or substance abuse).
o Psycho-educational approach
(preferably, but not exclusively in groups).
44
Other Important Elements in
Batterers’ Intervention
o Capability to assess and refer for substance
abuse and mental health problems.
o Limited confidentiality. Providers must be
able to give detailed information to the
courts and the victim.
o Awareness of the dangers of couples
counseling, mediation and conflict resolution.
̵ Development of empathy for partners and
children.
̵ Development of self-motivation.
45
Other Important Elements in Batterers’
Intervention
• Shape interventions based on input
from adult survivors and children
• Use risk assessment and risk
management
• Engage men early in their roles as
parents and partners
• Conduct on-going training and
supervision of staff
46
Other Important Elements in
Batterers’ Intervention
See Batterer Intervention: Doing the
Work and Measuring the Progress: A
Report on the December 2009
Experts Roundtable available at;
http://www.futureswithoutviolence.org/userfiles/fi
le/Children_and_Families/Batterer%20Interventio
n%20Meeting%20Report.pdf
47
Batterer Intervention Outcomes
• Accountability.
• Records of participation and progress.
• Reports outlining problem issues (e.g., alcohol,
mental health, etc.) and referrals.
• Victim input and enhanced safety.
• Demonstration that participants are changing
beliefs, attitudes, and behaviors as a result of the
program and system oversight.
Rev. 5-16-14
48
Court Standards: BIP Requirements
• Under court standards, programs must:
o Account to prior and potential victims of referred defendants with
regard to safety;
o Confront aggressive behavior of batterers;
o Support need for and process of behavioral change by batterers;
o Account to local domestic violence victim advocacy community;
o Coordinate with community agencies that address DV locally; and
o Address cultural and ethnic sensibilities.
Rev. 5-16-14
49
Court Standards: Other Important BIP
Elements
• Incorporate contact with and obtain feedback
from victims (voluntary)
• Close working relationship between BIP and courts,
law enforcement, etc. (policies, protocols).
• Understanding of DV as power and control issue
(rather than problem with anger or substance
abuse).
• Psycho-educational approach (preferably, but not
exclusively in groups).
 Development of self–motivation and empathy for
partners and children.
Rev. 5-16-14
50
Other Important Elements in Batterers
Intervention
• Capacity to assess and refer for substance abuse
and mental health problems.
• Awareness of dangers of couples counseling,
mediation and conflict resolution.
• Emphasis on keeping batterers accountable.
• Limited confidentiality. Providers must provide
detailed information to court and victim.
Rev. 5-16-14
51
• Where might DV defendants be
referred or obtain treatment in
response to battering?
Rev. 5-16-14
52
Batterer Intervention Programs
• Format: Groups. Intake may be individual. System
of accountability with CJS, DV program and BW.
• Underlying violence theory: Power and control.
Belief/entitlement. Rule-making. Gendered.
• Goals: Stop physical violence but also address
psychological, economic, sexual, entrapment.
Exposure of children.
o Accountability of batterer.
o Safety and restoration of victims.
• Providers: Credentialed, lay, former abusers,
accountable, transparent, violence-free. Agree to
monitoring by DV programs and BW. Accountability to
court.
Rev. 5-16-14
53
Chemical/Neurological Treatment
• Format: Individual treatment.
• Underlying Cause/problem: Chemical/
neurological imbalance.
• Goals: Chemical treatment. Consumption of
appropriate dose of medication
• Providers: Medical staff.
• Impact on Violence: May disappear upon
medication (if not battering).
Rev. 5-16-14
54
Mental Health/Drug or Alcohol
Treatment
• Format: Individual or group treatment.
• Underlying Cause/problem: Mental health
problem. Depression, Dependency, Sociopathic.
Childhood trauma, etc.
• Goals: Alcohol/other drug treatment.
• Providers: MH and DOA credentialed providers.
• Impact on Violence: May disappear after
treatment (if not battering).
Rev. 5-16-14
55
Responsible Fatherhood
• Format: Individual and group.
• Underlying problems: Racism, Poverty, Lack of
Models, Lack of Employment/Fathering Skills.
• Goals: Literacy, employment, support of child,
contributor to community.
• Providers: Fatherhood programs, peers, teachers.
• Impact on Violence: Programs prohibit. Use
program after or simultaneous with batterers
treatment.
Rev. 5-16-14
56
Couples Counseling
• Format: Usually couple. Sometimes group of couples.
• Underlying Cause/problem: Communications problem.
Relationship conflict.
• Goals: Improve relationship. Be able to spot problems/
conflict & employ strategies to resolve.
• Providers: Credentialed social workers/ psychologists
• Impact on Violence: Not appropriate as batterers
treatment.
Caveat: Sometimes offered voluntarily after batterer
engages in treatment modalities, if couple wants to
reconcile/stay together and/or to deal with major life
crisis, e.g. birth of a child, death of parent, etc.
Rev. 5-16-14
57
Pastoral Counseling
• Format: Couple or individual. Usually not group.
• Underlying Cause/problem: Lack of a “right
relationship” with deity/prophet. Assumption that
both partners bear responsibility; sometimes
reflects religious-based gender bias.
• Goals: Education about faith principles and
practice. Accountability to congregation/faith of
both parties.
• Providers: Minister or pastoral counselors and
laity.
• Impact on Violence: Not appropriate as courtordered treatment.
Caveat: Sometimes offered voluntarily after
batterer engages in treatment modalities.
Rev. 5-16-14
58
59
Why do we need a philosophy in
domestic violence cases?
 Domestic Violence Negatively Impacts
Many of Society’s Worst Problems
Homicide
Suicide
Rape
Child Abuse
Juvenile Delinquency
Substance Abuse
Elder abuse
Stalking
 Domestic Violence in Large % of Courts’
Caseloads
60
Why do we need a philosophy
for domestic violence cases?
 The relationships are intricate,
complicated, conflicted, and inscrutable
 The goals of domestic violence victims
differ from those of most other victims and
from our own
 The offenders are practiced manipulators
 We all have a natural aversion to involving
ourselves in the “private affairs” of others
61
Why were past judicial efforts to
intervene in domestic violence
cases largely ineffective?
 Victim-blaming
 Domestic violence was seen as only a justice
system problem
 Neither we nor the community fully understood what
we were dealing with
 We didn’t think outside of the box and, therefore,
limited our creativity
62
A Judicial Philosophy On
Domestic Violence
Goals





A Just Result
Safety for the Victim
Informed by the Victim
Offender Accountability
Elimination of Recidivism
63
A Judicial Philosophy (Cont.)
Primary Objectives
 Prevent Additional Harm
 Obtain Control
 Punish Past Acts BUT Emphasize Prevention
of Future Violence
 Preserve Relationships (if desired)
 Vindicate the Rule of Law
64
A Judicial Philosophy (Cont.)
Tools Available
Self-Education
Consistent Application
A Coordinated Community
Response
Jail
65
Resources
National Council of Juvenile and Family Court Judges
Family Violence & Domestic Relations Department
P.O. Box 8970
Reno, Nevada 89507
Resource Center on Domestic Violence,
Child Protection, and Custody
1-800-527-3223