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Chapter 13

Domestic Violence

Abstract: This chapter provides a comprehensive overview of domestic violence, details numerous research studies, and findings from state and local domestic violence intervention programs, and review case experiences of working with victims and batterers, as well as protocols and policies for criminal justice system and legal interventions. All aspects of the physical, psychological and financial impacts of domestic violence on its victims, as well as on children who witness violence, are addressed, along with in-depth offender typologies.

Learning Objectives: Upon completion of this section, students will understand the following concepts:

1. The dynamics and forms of domestic violence.

2. Characteristics of batterers and domestic violence victims.

3. Theories relevant to the cycle of violence and learned helplessness.

4. The criminal justice continuum for domestic violence cases.

5. Strategies for advocacy for victims of domestic violence.

• Every 15 seconds, a woman is battered. (American Medical Association. 1991. "Five Issues in American Health." Chicago, IL.)
• Two to four million women are beaten by their partners each year (Council on Scientific Affairs, 1992, "Violence Against Women: Relevance for Medical Practitioners." Journal of the American Medical Society 267(23): pp.3184-3189.)
• Thirty-four percent of Americans say they have witnessed an incident of domestic violence, compared with only 19 percent who report witnessing a robbery or mugging. (Family Violence Prevention Fund and EDK Associates, 1993, "National Survey on Domestic Violence," San Francisco, CA)
• Studies on the prevalence of domestic violence suggest that from one-fifth to one-third of all women will be physically assaulted by a partner or ex-partner during their lifetime. (Council on Scientific Affairs, American Medical Association. 1991. "Violence Against Women: Relevance for Medical Practitioners." Journal of the American Medical Association 267(23): 1992.)
• Battering is the greatest single cause of injury among U.S. women, accounting for more emergency room visits than auto accidents, muggins and rapes combined. (Stark, Evan D. and Anne Flitcraft. 1989. "Violence Among Intimates: An Epidemiological Review." In Handbook of Family Violence. Van Hasselt, ed. pp. 293-318. New York: Plenum Publishing Corp.)
• Twenty-two to 35 percent of women who visit emergency departments in the United States are there for symptoms related to on-going abuse. (Randall, T. 1992. "Domestic Violence Intervention Calls for More than Treating Injuries." Journal of the American Medical Association 264(8): p. 939.)
• Every year, domestic violence results in almost 100,000 days of hospitalizations, almost 30,000 emergency department visits, and almost 40,000 visits to a physician. (American Medical Association. 1991. "Five Issues in American Health." Chicago, IL.)
• In a prospective study of 691 White, Hispanic, and African-American pregnant women sponsored by the Centers for Disease Control, one in six reported physical abuse during their present pregnancy. One in four reported physical abuse in the last calendar year. (McFarlane, Judith, et. al. 1991. "Assessing for Abuse During Pregnancy: Severity and Frequency of Injuries and Associated Entry into Prenatal Care." Journal of the American Medical Association 267(23): pp. 3176-3178.)
• In the United States, nine out of ten women murdered are killed by men, half at the hands of a male partner. ("Crime in the United States: Uniform Crime Reports 1986." 1987. Washington, D.C.: Federal Bureau of Investigation.)
• In 1991, 28 percent of all female murder victims were slain by their husbands or partners (Federal Bureau of Investigation. 1991. "Crime in the United States, 1991." Washington, D.C.)
• According to the Bureau of Justice Statistics, the average prison sentence for men who killed their wives was 17.5 years; the average sentence for women convicted of killing their husbands was 6.2 years. (Bureau of Justice Statistics, November 1994, "Violence Between Intimates", USDOJ, Washington, D.C.)
• In 1992, abuse by husbands and partners was ranked by the U.S. Surgeon General as the leading cause of injuries to women aged 15 to 44. (Novello, Antonia, as reported in "Newsweek", July 4, 1994.)
• Women are more likely to be victims of homicide when they are estranged from their husbands than when they live with their husbands. The risk of homicide is higher in the first two months after separation. (Wilson, M.., and Daly, M., 1993, Violence and Victims, "Spousal Homicide Risk and Estrangement," 8:3-16)
• Approximately 1,155,600 married adult women in America have been victims of one or more forcible rapes (Kilpatrick, Dean, Christine Edmunds and Anne Seymour, 1992. "Rape in America: A Report to the Nation." National Crime Victims Research and Treatment Center and National Victim Center, Charleston, SC.)
• Being abused or neglected as a child increased the likelihood of arrest as a juvenile by 53 percent, as an adult by 38 percent. (Widom, Cathy Spatz 1992. "The Cycle of Violence." National Institute of Justice, Washington, D.C.)

There are various definitions of domestic violence utilized nationwide, reflecting both legal definitions under law, as well as descriptions relevant to specific disciplines of caregivers, including victim advocates, medical professionals, and criminal justice practitioners. It is essential that victim service providers determine the legal definition of domestic violence in both civil and criminal law in their respective states.

A general definition of domestic violence is as follows:

Domestic violence is any assault, battery, sexual assault, sexual battery, or any criminal offense resulting in personal injury or death of one family or household member by another, who is or was residing in the same single dwelling unit. "Family or household member" means spouse, former spouse, persons related by blood or by marriage, persons who are presently residing together, as if a family, or who have resided together in the past, as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time (Office of the Attorney General, Florida, 1993).

Domestic violence is an ongoing, debilitating experience of physical, psychological, and/or sexual abuse in the home, associated with increased isolation from the outside world and limited personal freedom and accessibility to resources. Whenever a woman is placed in physical danger or controlled by the threat or use of physical force, she has been abused. The risk for abuse is greatest when a woman is separated from supportive networks.

Physical abuse is usually recurrent and escalates both in frequency and severity. It may include the following:

• Pushing, shoving, slapping, punching, kicking or choking.
• Assault with a weapon.
• Holding, tying down or restraining her.
• Leaving her in a dangerous place.
• Refusing to help when she is sick or injured.

Emotional or psychological abuse may precede or accompany physical violence as a means of controlling through fear and degradation. It may include the following:

• Threats of harm.
• Physical and social isolation.
• Extreme jealousy and possessiveness.
• Deprivation.
• Intimidation.
• Degradation and humiliation.
• Name calling and constantly criticizing, insulting and belittling the victim.
• False accusations, blaming the victim for everything.
• Ignoring, dismissing or ridiculing the victim's needs.
• Lying, breaking promises, and destroying trust.
• Driving fast and recklessly to frighten and intimidate the victim.

Sexual abuse in violent relationships is often the most difficult aspect of abuse for women to discuss. It may include any form of forced sex or sexual degradation, such as:

• Trying to make her perform sexual acts against her will.
• Pursuing sexual activity when she is not fully conscious, or is not asked, or is afraid to say no.
• Hurting her physically during sex or assaulting her genitals, including use of objects or weapons intravaginally, orally, or anally.
• Coercing her to have sex without protection against pregnancy or sexually transmittable diseases.
• Criticizing her and calling her sexually degrading names (American Medical Association, 1992, pp. 40-41).

In addition, children are often incorporated into patterns of abuse. Batterers may:

• Also physically or sexually abuse their children.
• Neglect children emotionally or financially.
• Threaten to harm the children.
• Use the children as "pawns" in episodes involving partner neglect or abuse.
• Attempt to get children to "take sides" in partner disputes.
• Degrade and humiliate their partners in front of the children.
• Threaten to or actually cut off financial support for children in the event that the partner leaves the battering environment.

The "Power and Control Wheel" developed by the Domestic Violence Intervention Project of Duluth, Minnesota further elaborates on forms that domestic violence takes, while the "Equality Wheel" depicts male/female interactions in a healthy relationship:

Men who batter share many characteristics. However, it is important to note that not all batterers possess all the following characteristics:

• Abuse of alcohol and other drugs.
• Experienced or witnessed violence in his family of origin.
• Often has a criminal record.
• Low self esteem.
• Overly dependent on the victim.
• Extremely jealous and possessive.
• Has learned to express many or most emotions through anger.
• Scores normal on psychological tests, except has a greater tendency toward violence.
• Blames others for his action, and is unwilling to accept responsibility for his violence (which is reinforced when the criminal justice system fails to hold him accountable through appropriate sanctions).
• Attempts to manipulate and/or control others.
• Denies or minimizes the effects of his violence on his victims and witnesses.
• Lacks good parenting skills.

In Spousal/Partner Assault: A Protocol for the Sentencing and Supervision of Offenders, Quincy, Massachusetts Chief Probation Office Andrew Klein (1994) identifies a number of characteristics of batterers based upon extensive research of convicted batters:

Batterers present a very different posture in public than they do in the privacy of their own homes.

• Project image of a caring, concerned partner or father.
• Minimize the effects of their behavior on others -- ironically, as do their victims.
• Blame others, especially their victims.
• Manipulate their children.

The fact is, they often share the same characteristics of the most dangerous offenders currently on probation and parole across the country. Many, if not most, of these men have been in criminal courts before, repeatedly, for offenses that span the entire criminal spectrum.

Extensive Criminal History

Studies of prior records of batterers:

• Florida, Vermont, Ohio and North Carolina: 50 percent of the men had prior records (Fagan, Stewart & Hansen, 1983).
• Charlotte, NC: 79 percent with criminal records (Hirschel, Hutchinson & Dean, 1992).
• Minneapolis, MN: 60 percent with previous offenses (Sherman & Berk, 1984).
• Quincy, MA study of men brought in for restraining orders in 1990 (Klein, 1994):
  1. Seventy-eight percent had prior criminal record in the state.
  2. Average number of prior complaints was 13.
  3. Average male abuser had been in court for more than six separate sets of crimes.
  4. One defendant had been the subject of 113 complaints.
  5. Offenses charged ranged from murder to minor possession of alcohol.
  6. The vast majority were for misdemeanor charges.
  7. Almost a quarter of the men had been on formal probation with or without a suspended license or jailed for prior offenses.

Prevalent Substance Abuse

In 23 studies conducted between 1980 and 1988, the proportion of batterers who had prior histories of drug and/or alcohol abuse ranged from 24 percent to 86 percent. Most were in the mid-60s (Tolman & Bennett, 1990).

Quincy, MA defendants:

• 54 percent had prior records for alcohol and/or other drug charges.
• Majority of offenses were for drunk driving.
• One-third arrested for drunk driving were also arrested for various other drug offenses.
• Another 35 percent of those with alcohol and/or drug records had records for drug offenses only, and the remaining had them for public order complaints.

Generalized Pattern of Violence

Quincy, MA defendants:

• Forty-three percent had prior records for crimes against persons.
• Almost two-thirds had prior crimes against male, as well as female victims.
• The average number of prior crimes against persons complaints was 4.5.
• More than one-third also had prior civil restraining orders against them.
• Not only do these men have a history of prior criminal activity, but their abuse of their spouses/partners is repetitive, ingrained behavior.

Relatively Youthful

A number of studies reveal that the average abuser brought to court for restraining orders or to police attention for domestic disturbance calls is 32-years-old, with two-thirds being between their mid-20s and early 40s.

Separated or Unmarried, With Children

• An increasing majority of abusers are younger and unmarried.
• One-third to a majority of abusers have children by their victims.

Other Risk Characteristics

• Rationalize their crimes.
• Have poor family ties.
• Lack a stable home.
• Many either are unemployed or marginally employed.
• Either deny their spousal/partner abuse or feel entitled to exercise control over their spouse/partner.
• Many feel very supported in engaging in spousal/partner abuse (i.e. reinforcement for patriarchy, general violence of modern culture, approving peers).
• Many who reach court have vacated or are ordered to vacate their residences.
  1. A large percentage of their wives/girlfriends have already divorced and/or physically separated from them.
  2. As a result, family support is minimal if not negative.
  3. It is usual for these men to have had at least one recent residence change as a result of the abuse.

There is a large correlation between unemployment and underemployment and spousal/partner abuse. (Gelles & Cornell, 1990; Hotaling & Sugarman, 1986; Martin & Walker, 1985).

Only two characteristics consistently and significantly correlated with spousal/partner abuse:

1. Substance abuse.
2. Having experienced violence in their family of origin, either having witnessed fathers beating up mothers or have been abused themselves.

However, not all children from such families or males suffering alcoholism and drug addition are destined to become spousal/partner abusers. (Finkelhor, Hotaling & Yilo, 1988; Hotaling & Sugarman, 1986; Tolman & Bennett; 1990; Stordeur & Stille, 1989).

Summary of Offender Risk Characteristics

Batterers brought to court typically share the risk characteristics of the most hard core, dangerous offenders.

• First, they have extensive prior records. Their criminal behavior is ingrained.
• Second, they do not share the justice system's view that what they did was wrong, much less criminal. They rationalize or minimize their behavior.
• Third, they are alcohol and/or drug abusers.
• Fourth, they lack strong ties to family, employment or the community, as measured by family disruption, high unemployment, and frequency of residency changes.
• Fifth, on an environmental level, they are also high risk because they have easy access to their victims. Depending upon local laws, they may also have easy access to weapons.

Domestic violence cuts across all lines related to the victim's socio-economic status, race, culture, age, marital status, and geographical location. Victims of battering share a number of traits, many of which contribute to their inability to leave the violent environment:

• Blames herself for the violence.
• Exhibits low self esteem (which is magnified by the batterer's confirmation that she is "worthless").
• Fears leaving or staying.
• Minimizes or denies that a problem exists.
• Is often isolated from family, friends, and any support systems.
• Exhibits unpredictable behavior (stemming from the unpredictable behavior of her batterer).
• Feels shame and guilt.
• Characterizes herself as a traditionalist in the home
• Accepts responsibility for the batterer's actions, and believe she deserves the punishment she receives.
• Uses sexual relations as a way to establish intimacy.
• Often believes she can change the batterer's behavior.
• Often believes she can help herself without outside intervention.

It is significant that seven out of ten persons who enter into domestic violence shelters are children. The effects on children who witness family violence or who, in some cases, are themselves victims, were summarized in Family Violence: An Overview published by the National Center on Child Abuse and Neglect (n.d.):

The ramifications of family violence have almost no boundaries. In addition to the obvious physical injuries and deaths that result, family violence is often cited in research and clinical case studies as contributing to numerous other individual, family and societal problems. For example:

• According to Pagelow (1984), "Victims of all types of family violence share a common experience of denigration of self that results in diminished self-esteem. The shame and feeling of worthlessness so often expressed by battered women are shared by maltreated children, as well as maltreated elderly parents" (p. 81).
• In their review of research on the effects of family violence on children, Crites and Coker (1988) report:
  1. Children learn from an important role model (the parent) that violence toward a loved one is acceptable.
  2. Children exhibit fear, emotional symptoms such as psychosomatic complaints (physical complaints created by psychological stress), school phobias, enuresis (bed wetting), and insomnia. Young children may either try to stop the violence, thus putting themselves at risk for unintended harm, or respond with immobilized shocked staring, running away and hiding, or bed wetting and nightmares.
  3. After age five or six, children show strong indications of identifying with the aggressor and losing respect for the victim (National Center for Child Abuse and Neglect, n.d., pp. 18-19).
• Many children suffer low self-esteem, sadness, depression, stress disorders, poor impulse control, and feelings of powerlessness, and they are at high risk for alcohol and drug use, sexual acting out, running away, isolation, loneliness, fear and suicide (Jaffe, Wolfe, and Wilson, 1990, pp. 28-29).
• Sons become aggressive, "act out, become disobedient and behave defiantly and destructively," whereas daughters become "withdrawn, clingy, dependent" (Jaffe et al., 1990, p. 35).
• Some adolescent boys assault their mothers and siblings. Older children, especially girls, take on the burden of protecting their younger siblings during the father's beatings. They feel constrained from leaving home (Jaffe et al., 1990, pp. 30-31).
• Abusers who are extremely domineering and controlling frequently keep or destroy documentation (like birth certificates and immunization records) as part of their control of the family, thus preventing or seriously delaying the family from receiving welfare benefits or housing assistance (Jaffe et al., 1990, pp. 28-29).
• There is a direct correlation between family violence and homelessness. Women who leave abusive relationships too often realize their worst fears of having no financial resources and no place to go, with the streets or homeless shelters offering what appears to be their sole alternative. Similarly, children who are desperate to leave violent home environments run away from home, living on the streets or seeking temporary shelter relief.

In 1978, Dr. Lenore Walker -- in the landmark book The Battered Woman -- identified three distinct phases that comprise the theory of the "cycle of violence." Dr. Walker determined that the phases vary in duration and intensity; as such, it is difficult to predict how long a batterer and victim will remain in any one phase or in the length of individual cycles.

Phase One: The Tension Building Phase

The batterer becomes more and more prone to react negatively to frustration. Little episodes of violence escalate to the level of minor assault, but are minimized and rationalized by both partners. The victim may become nurturing and compliant or stay out of the abuser's way -- whatever she thinks will prevent the violence from escalating. In order for her to maintain this role, she must not show anger. The abuser, spurred by this passive acceptance, does not try to control himself.

Women who have been battered over a period of time know that these lesser battering incidents will get worse. However, to help themselves cope, they reason that perhaps they did deserve the abuse and resolve to "try harder" in hopes that their behavior has some effect on the batterer's behavior. They do have some control in the initial stages of phase one; however, as the tension builds, they rapidly lose this control. When the abuser explodes, the victim often assumes the guilt by blaming herself for loss of control of the situation. Her anger steadily increases even though she may not recognize or express it.

In this phase, the abuser becomes fearful that the victim may leave him, which is reinforced as she avoids him in the hope of not triggering the impending explosion. He becomes more oppressive, jealous, threatening and possessive. As the abuser and the battered woman sense the escalating tension during the first phase, it becomes more difficult for their coping techniques to work. Each becomes more frantic.

Minor battering incidents become more frequent. The abuser increases his possessive smothering and brutality. The battered woman is now unable to restore equilibrium as she could earlier in this phase. Exhausted from the constant stress, she may begin to withdraw even further. The abuser looks for signs of anger, sensing it even though she may continue to try to deny it. Every move she makes is subject to misinterpretation. He hovers around her, barely giving her room to breathe. The tension between them becomes unbearable. Somewhere at the end of phase one, the process ceases to respond to any controls. As the point of inevitability is reached, the couple moves rapidly into phase two, the acute battering incident.

Phase Two: The Acute Battering Incident

Phase two is the uncontrolled discharge of tensions built up in phase one. The lack of control and the major destructiveness of the incident distinguish it from the lesser physical assaults of the first phase. Phase two is the shortest phase, usually lasting from minutes to a few hours. During this phase, both the abuser and victim accept that the abuser's rage is out of control. While the batterer may start out intending to "teach her a lesson" and stops when he feels she has been appropriately "disciplined," he often finds that he has severely injured the victim. He ends up not understanding what has happened. The trigger for a phase two attack is rarely the victim's behavior; rather, it is usually an external event or the internal state of the abuser.

When the acute attack is over, it is usually followed by initial shock, denial and disbelief that it really happened. Both the batterer and the victim find ways of rationalizing the seriousness of such attacks. Many victims report reactions similar to those of disaster victims. Victims of catastrophe usually suffer emotional collapse 24-48 hours after the disaster. Symptoms include listlessness, depression, and feelings of helplessness. Similarly, battered women do not seek help until 24-48 hours after the acute attack has occurred.

Phase Three: Calm, Loving Respite

Just as phase two is characterized by brutality, phase three is characterized by the extremely kind, loving and contrite behavior of the abuser. He knows he has gone too far, and tries to make it up to his victim. It is a phase welcomed by both parties, but ironically it is the phase during which the woman's victimization becomes complete.

In this phase, the batterer constantly behaves in a charming and loving manner. He is usually sorry for his actions in the previous phase. He conveys his remorse to the victim, promises that he will never do it again, and begs her forgiveness. He is like a child caught with his hand in the cookie jar. The batterer truly believes that he will never again hurt the woman he loves, and that he will be able to control himself from now on. He also believes that he has taught his partner such a lesson that she will never again behave in a way that tempts him to physically assault her. He is quite sincere, and can easily convince anyone involved that his behavior will change.

The batterer frequently begins an intense campaign to win forgiveness and to prevent his victim from separating herself from him permanently. It is common for an abuser in phase three to shower his victim with elaborate gifts, and to attempt to "romance" her into forgiveness. He may enlist the aid of significant others -- family, friends, clergy, even counselors -- to persuade her that breaking up the relationship is a bad decision. Often everyone involved believes the rationalizations -- that he is sorry and will change, that his workload or his drinking is to blame, that the children need a father, that the abuser needs the help of the victim -- and somehow the victim begins to assume responsibility for any punishment the batterer may receive. She sees herself as the one who must stand by her man while he gets the help he needs so desperately. In reality, it is very unlikely that the abuser will ever seriously seek professional help to change his violent behavior as long as the victim stays with him. Most often, the abuser will seek help only after his victim has left him, and if he thinks seeking counseling will convince her to return.

The battered woman wants to believe that she will no longer have to suffer abuse. The abuser's contrite, reasonable behavior in phase three supports her belief that he really can change. It is during this phase that the victim gets a glimpse of her original dream of how wonderful love is. The battered woman chooses to believe that the behavior she sees during phase three is what her spouse/partner is really like. She chooses to believe that the contrite behavior is more indicative of the real person than the battering behavior. She may also see at this time how frail and vulnerable he really is. If he can only get help, he'll be warm and loving all the time. She perceives herself as the bridge to his emotional well-being.

Since almost all the rewards of being married or coupled occur in phase three, it is extremely difficult for the victim to make a decision to protect herself legally or to separate during this phase. Yet, this is the time during which counselors and other helpers usually see her. When she resists leaving, she bases her reference on the phase three loving behavior, rather than on the phase one and phase two abusive behavior. However, if she has been through several cycles already, she often unconsciously knows that she is trading her emotional and physical well-being for a brief period of phase three loving behavior. That knowledge further lowers her self-esteem and adds to her shame and self hatred.

The length of time that phase three lasts is difficult to determine. Many women report that before they know it, small phase-one incidents being to occur. In some cases, phase three may last only brief moments. Recent research indicates that in some long-standing battering relationships, phase three disappears completely.

Learned helplessness, as applied by Walker (1979), has three basic components:

• Information about what will happen;
• Thinking or cognitive representation about what will happen (learning, expectation, belief and perception); and
• Behavior toward what does happen.

As detailed in Domestic Violence: A Guide for Health Care Providers, published by the Colorado Domestic Violence Coalition and Department of Health in 1992, learned helplessness is a psychological theory that describes what happens when a person loses the ability to predict what actions will produce a particular outcome. In psychology, this is called non-contingency between response and outcome. Because the battered woman tries to protect herself and her family as best she can, those with learned helplessness choose only those actions that have a high probability of being successful.

The perpetrator also feels helpless. He does not understand why he can't control the victim/survivor. One time she obeys him and the next she seems to do things to throw him into a rage. He is often shocked by his level of anger and violence and does not know how to control it or stop it. As he becomes increasingly concerned with his behavior, he focuses more and more on the victim/survivor as the source of his uncontrollable violence. For the victim/survivor learned helplessness, therefore, is a "survival-focuses" (as opposed to an "escape-focuses") adaptation to repeated, intermittent abuse such as domestic violence. This theory proposes that when a battered woman believes that sometimes her behavior can have an effect on the batterer and other times the same behavior does not have that effect, she learns that

. . . she is unable to predict the effect her behavior will have
. . . People suffering from learned helplessness are more likely to choose behavioral responses that will have the highest predictability of an effect within the known, or familiar, situation; they avoid responses -- like escape, for instance -- that launch them into the unknown
. . . she believes the demons she knows well are probably preferable to the demons she does not know at all (Walker, 1989).

As the battering and isolation increase, a shift in the survivor's comprehension of the situation occurs. She increasingly perceives escape as impossible. While she may continue to work at her paid job, eat, clean house, take care of the children, laugh with co-workers and appear self-confident and independent, surviving the battering relationship becomes the focus of her life at home.

In the survivor's eyes, the batterer becomes more and more powerful. She sees police and other agencies as less and less able too help (Browne, 1987; Kelly, 1989; Selligman, 1975; Walker, 1979, 1989). She feels trapped and alone. She will likely develop a variety of coping mechanisms may include withdrawal, asking permission to do even trivial thing, compulsiveness, manipulation, substance abuse and asking that criminal charges be dropped.

Audio/visual Aids: Overhead Projector, Transparency and Marker

See Worksheet # 1

There are many reasons why women don't leave violent relationships. Think for a moment about the power and control issues surrounding domestic violence relationships. Then, let's list reasons why women stay in battering environments.

In general, there are eight junctures throughout the criminal justice system about which service providers should possess knowledge that can be easily shared with victims:

1. Initial contact.
2. Police response/arrest.
3. Pretrial release.
4. Prosecution and the courts.
5. Availability and enforcement of protection orders.
6. Docketing.
7. Dispositions.
8. Monitoring of offenders.

Initial Contact

Domestic violence calls should receive priority from law enforcement agencies. Dispatchers should be specially trained in how to handle such calls, including victim sensitivity and having non-judgmental attitudes in cases of repeat calls. Information dispatchers should obtain that is essential to police response includes, but is not limited to:

• Who is calling.
• Address of complainant.
• Telephone number (usually automatically provided by computer in 911 systems).
• Location of caller if not at the scene of the crime.
• Who is present (including children).
• What is happening (is the victim and/or others in household safe?).
• Are there weapons present?
• Any injuries to victim and/or witnesses.
• Location of assailant.
• Prior history of abuse by assailant.
• Any court orders or protective conditions in effect.
• Status of the offender within the criminal justice system (when applicable).

Often, police dispatchers remain on the line to maintain contact with a victim in crisis, as well as to be able to relay important information to the responding law enforcement officer(s).

Police Response/Arrest

Many law enforcement agencies have developed and implemented protocols and policies for responding to domestic violence. As crisis responders, both victim sensitivity and extreme caution are vital to the safety and security of all involved. In addition, responding officers can provide a valuable service to victims of domestic violence by providing them with information and referrals to direct assistance and support available from victim service providers.

A law enforcement protocol for responding to domestic violence can include, but not be limited to, the following objectives:

• Obtain as much information as possible from the dispatcher.
• Approach scene with caution and with a partner.
• When the alleged assailant is present, immediately separate him from the victim.
• When the alleged assailant is not present, immediately attempt to ascertain his location.
• Secure the scene and check for weapons. Make mental notes about the condition of the scene.
• Immediately detect signs of injury to the victim(s) and seek emergency medical treatment, as needed.
• Interview victim and any witnesses.
  1. Separate from the offender.
  2. Victim sensitivity is crucial.
  3. Statements can be considered as evidence.
  4. "Excited utterances" (excited statements made by victims or witnesses at the critical stage immediately following the arrival of law enforcement) may be allowed into court as exceptions to the rule against hearsay.
  5. Determine history of violence.
• Collect evidence.
  1. Statements from victim(s), witnesses(es), and alleged assailant.
  2. Observe demeanor of victim and alleged assailant.
  3. Photograph victim and crime scene.
  4. Take notes and sketches that describe the crime scene.
  5. Emergency response or dispatcher audiotapes.
  6. Medical and emergency room records.
     
• Determine "probable cause" for arrest.
• Determine violation of any court order or injunction.
• Provide information about domestic violence to the victim.
• Provide an immediate referral to a shelter, domestic violence program, or victim services.
• Follow-up with the victim after the initial contact to determine her current status.

Pre-trial Release

The safety of the victim and any children must be paramount in any decisions made concerning pre-trial release. Victim service providers should advocate to the court for measures that can help ensure victim security, including:

• Pre-trial incarceration.
• Higher bail/bond or denial of bail.
• Victim notification of defendant's release.
• Protective or restraining orders.
• Securing alternative safe housing for the victim and any children.

In some jurisdictions, post-charge diversion programs are used to suspend case processing while the abuser undergoes treatment. Victim service providers must be aware of these programs and able to explain them to victims, including: program guidelines; treatment modalities; and whether or not the defendant will be prosecuted upon "successful" completion of the program.

Prosecution and the Courts

Prosecutors play a key role in holding domestic violence offenders accountable and assisting victims and witnesses in such cases. In 1992, the National Council of Juvenile and Family Court Judges published two recommendations for prosecutors relevant to domestic violence:

• Prosecutors should initiate, manage and pursue prosecution in all family violence cases where a criminal case can be proved, including proceeding without the active involvement of the victim, if necessary.
• Prosecutors should have specialized family violence personnel and written procedures for prompt screening and charging in family violence cases.

These recommendations serve to place responsibility for prosecuting batterers on the criminal justice system, rather than on the victim; to provide specialized services for victims and witnesses; and to expedite criminal justice processes in domestic violence cases.

Many prosecutors' offices today offer specialized units for domestic violence cases and victims, with personnel trained in the dynamics of domestic violence, legal issues specific to such cases, and victim sensitivity. Furthermore, vertical prosecution units include prosecutors whose caseloads contain solely domestic violence cases. Some prosecutors have adopted "no drop" policies, in which cases proceed whether or not the victim chooses to cooperate.

Prosecutors are often faced with victims who do not wish to testify due to a variety of factors, among them fear of retaliation. Offices with "no drop" policies rely on a number of measures to continue with cases, including:

• Subpoenaing the victim.
• Use of photographic and other visual depictions of injury to victims.
• Use of "excited utterances" from the crime scene, i.e. (excited statements made by victims or witnesses at the critical stage immediately following the arrival of law enforcement).
• Testimony from family members or witnesses.
• Use of 911 audio tapes.
• Use of sworn statements of victims.
• Use of testimony from victim advocates.
• Use of videotapes of victims from initial interviews.
• Use of expert witnesses.

Many prosecutors have victim support programs within their agencies, or rely upon services available from community-based victim service organizations. Services for victims of domestic violence may include, but are not limited to:

• Completing the intake process for a criminal case, which includes histories of the victim and any children; case history; court orders (when applicable); victim/defendant description; information about the current incident, as well as about the history of violence; defendant information; and referrals (see example from the King County [Washington] Prosecuting Attorney Domestic Violence Project in Appendix A).
• Referral to appropriate victim and social service agencies.
• Court preparation.
• Court accompaniment.
• Providing information about civil and criminal remedies.
• Providing counseling and support groups.

One of the most promising innovations in the legal system is the unified family court. Judge Robert W. Page describes the unified family court as "a court for families." A genuine unified family court has authority over child abuse and neglect; divorce, child custody and visitation; partner abuse; elder abuse; juvenile delinquency; termination of parental rights; and other family law matters. The National Council of Juvenile and Family Court Judges recommends that the family court should have "criminal jurisdiction over adults for crimes committed against family and household members."

In a paper delivered at the National Conference on Family Violence: Health and Justice in 1994, Judge Page's description of the advantages of a unified family court was offered:

"The primary advantage claimed for a family court system is the unification of all complaints, petitions, and case types within one case processing and management system in order to provide a more efficient, less costly and damaging, consistent and longer lasting resolution of the problems presented. By directing that all complaints or petitions must be resolved in one unified court, the opportunities for inconsistency and errors based upon inaccurate or incomplete information are greatly reduced."

Unified family courts are operational in nine states, and are being considered in several others (Myers, 1994, p. 3).

Orders of Protection

Orders of protection -- also called "restraining orders" -- are court orders that forbid the abuser from doing certain things to victims, having contact with victims, and/or compelling abusers to comply with certain requirements.

While orders of protection can be issued at any time, it is helpful for victims to seek restraining orders as soon as possible after a domestic violence crime has occurred.

Each jurisdiction has different policies and procedures for issuing and monitoring orders of protection. In order to best assist victims, service providers should be aware of the following considerations:

• Is there a definition of "domestic violence victim" that precedes the issuance of an order?
• Which entity issues orders of protection, i.e. family court, municipal court, police department, or a combination depending on the circumstances?
• Domestic violence complaints filed in conjunction with requests for protection are considered to be sworn testimony from the victim that can be utilized in court.
• Can the victim receive a copy of either the complaint or the order of protection?
• Are victims entitled to "ex parte" proceedings, i.e. only one party is heard, with the defendant not required to be present?
• What is the difference between temporary restraining orders (TROs) and final restraining orders (FROs) in your jurisdiction?
• What evidence should victims bring (i.e. photographs documenting injuries, documentation of medical records and/or expenses, etc.)?
• What happens at the hearing (i.e. victim testimony, defendant testimony, presentation of evidence, request for relief by the victim, etc.)?
• What types of relief are available (including no contact from defendant; prohibition of future acts of violence, intimidation or harassment; the defendant must physically leave the home; pay child support, restitution, and/or rent or mortgage payments; carry insurance for the victim and any children and pay all medical expenses; pay a fine to the state victim compensation fund; cannot have a weapon; must undergo counseling; must refrain from using alcohol or other drugs; and visitation conditions [when applicable] are determined)?
• Consent orders (whereby both parties agree that domestic violence has occurred, and agree to abide by all terms of a restraining order) are strictly voluntary on the part of the victim, and cannot be coerced.
• Victims should receive information about what to do if any order of protection is violated.

Docketing

More and more courts today are giving priority to domestic violence cases. In some jurisdictions, all domestic violence cases are heard on the same day, with the same judge, prosecutor and victim advocate present throughout all proceedings. The use of vertical prosecution units noted above also contributes to the expediting of domestic violence cases. To reduce the potential for further violence, domestic violence cases should be given priority on court dockets.

Dispositions

Victims of domestic violence should have specific rights relevant to disposition, which include but are not limited to:

• Notification of the disposition.
• Opportunity to provide a victim impact statement to the court, and to have any children also submit impact statements in measures that are commensurate with their age and cognitive development.
• Opportunity to request specific measures of relief.
• Securing a permanent restraining order that does not have to be reissued on a monthly or quarterly basis.
• Information and assistance regarding civil remedies.
• Information regarding restitution orders and enforcement.
• Notification of a convicted offender's release from incarceration (when applicable).

Monitoring Offenders

In Spousal/Partner Assault: A Protocol for the Sentencing and Supervision of Offenders, Chief Probation Officer Andrew Klein of Quincy, Massachusetts, offers four key components of strict supervision conditions (1994):

1. Punishment.
   • Punitive conditions.
   • Financial assessments.
   • Apology to victim.
   • Community service.
   • Non-jail loss-of-liberty confinement (in cases not involving incarceration).
   • Electronic monitoring.
   • Intensive supervision.
2. Rehabilitation.
   • Mandatory treatment that is "batterer-specific" provided by professionals who are specialists.
   • Model regulations for abuser treatment that bar any approach that "blames or intimidates the victim, or places the victim in a position of danger that is not appropriate."
   • No couples counseling.
   • Mandatory alcohol and other drug treatment, with a mandate of abstinence.
3. Retribution/restoration.
   • Restitution (including but not limited to direct and indirect for replacement costs of damaged property, medical and counseling bills, and attorney costs).
   • Ongoing child support.
   • Mortgage or rent payments.
   • All payments should be made through the court or correctional institution.
4. Protection.
   • The offender should obey all outstanding civil protective or restraining orders.
   • Forfeiture of weapons, particularly guns and rifles.
   • Ordered to submit to warrantless searches of their persons or homes.
   • Supervised at maximum intensity.
   • Special protective obligations when children are involved, i.e. custody, visitation, etc.

There are thousands of staff and volunteers in communities across America who assist, support and serve victims of domestic violence. Often, these professionals provide a lifeline to women and children who desperately need assistance and direction, but are confused by the dynamics of their victimization, as well as by the very thought of leaving a violent environment and, in some cases, entering into the criminal justice system.

The goals of advocacy for victims of domestic violence are generally to:

• Empower women with the ability to make significant changes and solve problems.
• Increase a victim's ability to make a successful transition from a battering environment to independence.
• Connect the victim -- both in the short- and long-term -- with community resources that provide support, encouragement, and assistance.
• Provide information and support throughout the criminal justice system and beyond.

There are myriad responsibilities associated with assisting victims of domestic violence, including but not limited to:

• Responding to crisis calls from victims through 24-hour hotlines.
• Accompanying or following law enforcement officials who respond to domestic violence incidents.
• Providing safety and shelter to battered women and their children.
• Providing follow-on services to increase the number of victims who file charges or seek protection through the civil or criminal courts.
• Advising victims about their legal rights throughout the criminal justice system (see "Domestic Violence and the Criminal Justice System" in this chapter).
• Advising victims about information and resources relevant to protection and security, divorce, custody, and visitation.
• Helping victims develop "safety plans."
• Providing information and assistance to victims who leave battering environments, including temporary and long-term housing, employment training (or re-training) and placement, and child care.
• Providing assistance in financial matters, including child support, restitution, victim compensation, and financial planning.
• Upon request, acting as liaison between the victim and the criminal justice system.
• Providing peer counseling.
• Providing support groups.
• Providing information and referrals to community resource agencies, including public assistance, child protective agencies, public and mental health agencies, social services, and schools.
• Providing training to law enforcement, criminal justice, social service, mental health, and other allied professionals about the dynamics of domestic violence, as well as the specific rights and needs of domestic violence victims.
• Working to establish or strengthen a coordinated community response to domestic violence and its victims.
• Generating greatly needed public awareness about domestic violence and its effects on victims, witnesses, communities, and society in general.
• Working to affect changes in laws, agency policies, protocols and programs that enhance rights and services for victims of domestic violence.

Victim Validation

One of the most crucial skills a victim advocate must possess is the ability to validate the victim's feelings, experiences, and fears. Many domestic violence victims don't view themselves as victims, and fail to realize that domestic violence is a crime perpetuated against many other women, in addition to themselves.

Some guidelines for domestic violence victim validation include the following:

• Learn and practice effective communication skills, including nonverbal and verbal techniques.
• When interviewing the battered woman, do not ask for verification of her story from second parties.
• Assess the complete history of violence, including the current battering incident, as well as the first and worst incidents.
• When conducting this assessment, ask the woman directly to describe the violent acts and how she felt when and after they occurred, as well as how she feels now. Do not avoid speaking directly about the violence. Provide encouragement and support to the victim for sharing her feelings and experiences.
• Empathize with the victim and validate her feelings, stressing the criminal nature of the violence, as well as the fact that the victim is not to blame.
• Universalize the crime of domestic violence, pointing out the scope and prevalence of such crimes that cut across socioeconomic, racial, cultural and geographic lines.
• Provide information and referrals for continued support and assistance, including local, state and national resources.
• Develop a plan for follow-up contact, support and assistance from you, your agency, or allied community service or criminal justice agencies.
• Affirm the fact that the victim is not alone, and that there are people and programs available to assist and support her.

Developing a Safety Plan

If and when a victim is able to leave her battering environment, it is essential that she has a "safety plan" to increase her opportunity for a successful departure. Advanced planning is crucial. Concerns and actions to be addressed include the following:

• Does she have family and friends with whom she can stay?
• Would she find a protective or restraining order helpful?
• Can a victim advocate safely contact her at home? What should the advocate do if the batterer answers the phone?
• Does she know how to contact emergency assistance (i.e. 911)?
• If she believes the violence might begin or escalate, can she leave for a few days?
• Does she know how to contact the shelter (if she doesn't, provide her with information for future use)?
• Does she have a neighbor she can contact, or work out a signal for assistance, when violence erupts or appears inevitable?
• If she has a car, can she hide a set of keys?
• Can she pack an extra set of clothes for herself and the children, and store them -- along with an extra set of house and car keys -- with a neighbor or friend?
• Can she leave extra cash, checkbook or savings account book hidden or with a friend for emergency access?
• Can she collect and store originals or copies of important records such as birth certificates, social security cards, her drivers' license, financial records (such as banking and other financial accounts, mortgage or rent receipts, the title to the car, etc.) and medical records (for her children and herself)?
• Does she have a concrete plan for exactly where she should go and how she can get there, at any time regardless of when she leaves?
• Does she have a disability that requires assistance or a specialized safety plan?
• Does she want access to counseling for her children or herself?

Neither victim advocates, criminal justice professionals, social service providers, nor allied professionals operates in a vacuum when it comes to providing quality services to victims of domestic violence.

There are many professionals who have responsibilities to domestic violence victims. Worksheet # 2 will be used to brainstorm and list professionals who can contribute to a coordinated community response to domestic violence.

In a lecture to the American Probation and Parole Association's Annual Conference in Phoenix, Arizona in 1994, Prosecuting Attorney Sarah Buel identified 17 key components of a model domestic violence response:

• Development and implementation of a coordinated response with strong advocates from criminal justice, victim services, children's services, and allied professions.
• Establishment of a Family Violence Coordinating Council with monthly meetings to set an agenda and action plans for the community, and to determine and clarify roles and responsibilities of individuals and entities.
• Use vision to overcome obstacles, and don't make excuses!
• Do not allow mediation between domestic violence victims and perpetrators, as it creates a structure of "power versus powerless," and poses danger for the victim. All interviews of victims and offenders should be conducted separately.
• Do not allow joint custody under any circumstances.
• Do not allow mutual restraining orders unless there are supporting findings. Utilize a checklist for probable cause; determine the history of abuse (through both criminal and civil proceedings); utilize evidence such as 911 tapes; and determine if the victim has a prior history of abuse.
• Do not allow couple's counseling.
• Implement visitation centers (such as those in Arizona) that provide supervision, with drop off/pick up times staggered to avoid any contact between the victim and perpetrator.
• Implement parenting classes in every junior high school.
• Implement a massive community education program, designed to be proactive and offer information and resources before women and children are victimized.
• Implement court appointed special advocates (CASAs) and guardian ad litem (GAL) programs to provide advocacy, support and representation to children in domestic violence cases.
• Offer 24-hour response to victims, as well as 24-hour access to services.
• Implement mechanisms to enforce child support and hold fathers financially accountable (there would be a 46% reduction in child poverty if all child support was paid in the United States).
• Conduct mandatory and frequent training of all professionals whose work involves domestic violence prevention, advocacy and/or intervention, including: orientation training; continuing education; and multicultural awareness.
• Allow for permanent restraining orders and orders of protection, eliminating the need for regular renewals.
• Implement consistent briefings on cases and issues affecting victims and the community.
• "Fast track" domestic violence cases through priority docketing, specialized domestic violence courts, and vertical prosecution.

Worksheet Number One Chapter 13

Why Don't Women Leave?

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Worksheet Number Two Chapter 13

Potential Participants in a Coordinated Community Response to Domestic Violence

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Self Examination Chapter 13

Domestic Violence

1) What are the three forms of abuse that are prevalent in domestic violence?

2) What are the two characteristics that are consistently and significantly correlated with batterers?

3) What are the three phases in the "cycle of violence?"

4) Cite five reasons why women don't leave battering environments.

5) List five criminal justice interventions for battered women.

6) Briefly describe the components of your proposed, ideal domestic violence crime victim assistance system.

Answers Chapter 13

Why Don't Women Leave?

Worksheet Number One

1) Lack of money.

2) Fear.

3) "Love."

4) No or low self esteem.

5) No job skills.

6) No place to go.

7) Loss of stability and/or security.

8) Pressure from family and/or friends to stay.

9) Religious beliefs or pressures.

10) Cultural beliefs or pressures.

11) Denial of abuse.

12) Saw or experienced abuse as a child and believe it is "normal."

13) Belief that the abuse "is my fault."

14) Belief that "I deserve it" (the abuse).

15) Belief that "he will change."

16) Isolation.

17) Belief that there is no other option.

18) Fear of the unknown -- afraid to change.

19) He has threatened to kill me.

20) He has threatened to kill himself.

21) He has threatened to take my children.

22) He has threatened to harm my children or other loved ones.

23) He has threatened to cut me off financially.

24) Fear that nobody else would have me.

25) Alcohol or other drug dependency (on behalf of the batterer and, when mutual, often coerced).

26) Belief that despite the abuse, he is otherwise a good provider.

27) Shame.

28) Fear of public disclosure of the abuse.

29) Lack of knowledge and/or fear of law enforcement and CJS response.

30) Leaving the relationship equates to "failure."

31) Psychological attachment to abuser (the "Stockholm Syndrome").

32) I tried to leave before and failed.

33) Feelings of hopelessness and helplessness.

Answers Chapter 13

Potential Participants in a Coordinated Community Response to Domestic Violence

Worksheet Number Two

1) Victim service providers.

2) Emergency assistance dispatchers.

3) Law enforcement.

4) Prosecutors.

5) Prosecutor-based victim/witness professionals.

6) Judges.

7) Court administrators.

8) Probation.

9) Parole.

10) Corrections.

11) Juvenile justice officials.

12) Child protective services.

13) Social services.

14) Mental health practitioners.

15) Medical practitioners.

16) Legal professionals.

17) Clergy.

18) Academia (both higher and lower education).

19) Child protective services.

20) Public assistance.

21) Child support enforcement.

22) State victim compensation.

23) State victim assistance.

24) News media.

25) Civic organizations.

26) Public policy makers (local, state and national).

27) Researchers.

References

American Medical Association. (1992). AMA diagnostic and treatment guidelines on domestic violence. Archives of Family Medicine, 1, 40-41.

Buel, S. (1994). Suggestions for a model community coordinated response to domestic violence. Presentation at American Probation and Parole Association Annual Institute, Phoenix, AZ.

Colorado Domestic Violence Coalition and Colorado Department of Public Health. (1994). Domestic violence: A guide for health care providers (5th ed). Denver, CO.

Jaffe, P., Wolfe, D. & Wilson, S. K. (1990). Children of battered women.

Klein, A. (1994). Spousal/partner assault: A protocol for the sentencing and supervision of offenders. Quincy, MA: Quincy Court

Myers, J. E. B. (1994). Medicine, mental health, and the legal system: Critical partners in responding to family violence. Paper presented at the National Conference on Family Violence: Health and Justice, Washington, D.C.

National Center for Child Abuse and Neglect. (n.d.). Family violence: An overview. Washington, DC: U.S. Department of Health and Human Services.

Office of the Attorney General, State of Florida. (1993). Multi-disciplinary services training: Making a positive impact (curriculum). Tallahassee, FL: Author..

Page, R. (1994, March 12). Advantages of a unified family court. Paper presented at the National Conference on Family Violence: Health and Justice, American Medical Association, Washington, DC.

Walker, Lenore. (1978). The battered woman. New York: Harper & Row.

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