Domestic Violence Developed by the Family Law Council, Domestic Violence Committee 2011

1. Domestic Violence Developed by the Family Law Council, Domestic Violence Committee 2011

2. Topics to be covered- • Why it’s important to know about domestic violence • Prevalence of domestic violence • Statistics • Definitions • Understanding the parties • Screening and interviewing • Representing victims safely • Remedies and legal relief • Custody and parenting time • PPOs • Community resources

3. Why you need to learn about domestic violence(1): Attorneys: • Domestic violence effects all parts of your case • Your client may not disclose it unless you ask the right questions. • You can not effectively represent an abused client unless you understand the effects of domestic violence has. • You commit malpractice if you fail to take the appropriate steps to protect your client. • A perpetrator is dangerous to your client, her family and potentially both attorneys.

4. Why you need to learn about domestic violence(2): Judges: • Failure to understand and appropriately address domestic violence places victims at risk. • Domestic violence cases can have dramatically awful and highly publicized outcomes. • Domestic violence cases present conflicting allegations, and attorneys often handle these cases poorly. A basic understanding of the dynamics of domestic violence can help you get to the truth and take appropriate action. • Domestic violence cases present the greatest danger of violence in the courthouse.

5. Why domestic violence is relevant in child custody disputes: • Abuse does not end with separation • Half of abusers are likely to be child abusers • Children are exposed to abuse and poor role model • Abuse undermines the non-abusive parent • New relationships are likely to be violent • Lengthy litigation as a form of ongoing control and harassment • Higher risk of stalking and homicides (Jaffe, P.G. Lemon, N. & Poisson, S.E. (2002) Child Custody Disputes and Domestic Violence: Clinical and Legal Issues. Sage, Thousand Oaks, CA)

6. Statistics • In the United States, 1 in every 4 women will experience domestic violence in her lifetime. • An estimated 1.3 million women are victims of physical assault by an intimate partner each year. • About one-third of female homicide victims are killed by an intimate partner. [By contrast, about 3% of male murder victims were killed by an intimate partner.] -National Coalition Against Domestic Violence, http://www.ncadv.org/

7. Statistics • The cost of intimate partner violence exceeds $5.8 billion each year, $4.1 billion of which is for direct medical and mental health services. • 30% - 60% of perpetrators of intimate partner violence also abuse children in the household. • On average, children were residents of the households experiencing intimate partner violence in 38% of the incidents involving female victims. -National Coalition Against Domestic Violence, http://www.ncadv.org/ -USDOJ, Bureau of Justice Statistics, http://bjs.ojp.usdoj.gov/content/intimate/ipv.cfm#contents

8. Domestic Violence can be defined in several ways- The MI Batterer Intervention Standards: “Domestic Violence is a pattern of controlling behaviors, some of which are criminal, that includes but is not limited to physical assaultssexual assaults, emotional abuse, isolation, economic coercion, threats,stalking and intimidation. These behaviors are used by the perpetrator in an effort to control the intimate partner. The behavior may be directed at others with the effect of controlling the intimate partner.” http://www.michigan.gov/dhs/0,1607,7-124-5460_7261_18139---,00.html

9. Statutory definition- MCL 400.1501 Domestic violence means any of the following acts that is not an act of self-defense: (i) causing or attempting to cause physical or mental harm to a family or household member. (ii) placing a family or household member in fear of physical or mental harm. (iii) causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress (iv) engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested.

10. “Family or household member” includes: • A spouse or former spouse. • An individual with whom the person resides or has resided. • An individual with whom the person has or has had a dating relationship. • An individual with whom the person is or has engaged in a sexual relationship. • An individual to whom the person is related or was formerly related by marriage. • An individual with whom the person has a child in common. • The minor child of an individual described above.

11. Some common warning signs Abusers may use some or all of the following tactics: • ABUSE TO THE FAMILY PET • FINANCIAL CONTROL • ISOLATION FROM FAMILY AND FRIENDS • ENTITLEMENT (especially male entitlement) • SUPERIOR ATTITUDE • SUBSTANCE ABUSE (but note that substance abuse doesn’t cause domestic violence; it may accompany it)

12. Warning Signs (cont) • CONTROLLING • POSSESSIVE • SELF CENTERED • INTIMIDATES WHEN ANGRY • DOUBLE STANDARDS • DISRESPECTFUL • SHOW OF GENEROSITY

13. Warning Signs (cont) • NEGATIVE ATTITUDES ABOUT WOMEN • TREATS PARTNER DIFFERENT AROUND OTHERS • SARCASM AND RIDICULE • DISTORTS WHAT PARTNER SAYS

14. Warning Signs (cont) • YELLING/SHOUTING • NAME CALLING, INSULTS AND PUT DOWNS • BODILY INTIMIDATION • THREATS TO LEAVE • JEALOUS AND POSSESSIVE • THREATS TO HURT OR KILL PARTNER, SELF OR OTHER FAMILY MEMBERS

15. Identifying Domestic Violence

16. Understanding the Abuser Characteristics may include: • Dependency and jealously • Psychological and social isolation • Poor interpersonal skills • Belief in male entitlement • -“Jekyll and Hyde” personality • Refusal to accept responsibility for the violence Environment for abuse includes: • Abuser has learned to abuse • Abuser has the opportunity to abuse • Abuser has chosen to abuse

17. Victim Responses Typical responses to trauma: • Shock, disbelief, fear, withdrawal, confusion • Panic, minimization, denial, rationalization • Posttraumatic Stress Disorder • Depression Coping strategies: • Drug or alcohol use • Self defense • Remaining in the relationship • Leaving the relationship • Seeking help

18. “Why Doesn’t She Leave?” This is the wrong question. • Instead ask, “why is the abuser allowed to continue?” Barriers to leaving: • concern for children (also major reason for leaving) • Fear of financial loss • Belief that the children need their father • Fear she will lose custody • Fear she and children will be stalked, abused and/or killed • Family pressures Yet, victims do leave.

19. Attorneys--Questions to ask your client to determine if she is a victim of domestic violence. Also, see the SCAO Domestic Violence Screening Protocol for a list of mediator screening questions available at: http://courts.michigan.gov/scao/resources/standards/odr/dvprotocol.pdf

20. Questions Lawyers Should Ask • Are you afraid of your partner? • Has your partner ever hit, slapped, pushed or hurt you in any way?

21. Questions Lawyers Should Ask • Has your partner ever forced you to do something that you did not want to do? • Does your partner own a weapon?

22. Questions Lawyers Should Ask • Does your partner ever prevent you from eating or sleeping or otherwise do anything that may endanger your health? • Do you have or have you ever had a protection order against your partner?

23. Questions Lawyers Should Ask • Has your partner ever hurt or killed a family pet? • Has your partner ever taken your children without your consent?

24. Questions Lawyers Should Ask • Does either party have any mental health needs? • Does either party have a history of drug or alcohol abuse?

25. Questions Lawyers Should Ask • Has your partner followed your, left harassing messages or calls or placed you under any kind of surveillance? • Is your partner affecting your ability to go to work or school?

26. Questions Lawyers Should Ask • Has your partner ever threaten to harm you, your children or other family members? • Does anything happen in your home that makes you afraid?

27. Questions Lawyers Should Ask • Have you sought or are you in need of medical attention? • Have you reported any violence to any third party, e.g. police, hospitals, rape crisis centers, etc.?

28. Questions Lawyers Should Ask • Do you (and your children) have a safe place to go? • Are you in need of financial assistance?

29. What to do if you learn your client has been a victim of domestic violence: Maximizing Client Safety

30. Tips for Lawyers • Assure client that all communications to you, including about the violence, will be confidential. • Discuss with your client how it is safe to communicate with her and inform your staff. • Review your office security with your staff.

31. Tips for Lawyers • When you call your client, if questioned by a family member about who you are, do not leave a last name, do not indicate you are a lawyer and do not reveal your purpose for the call. • Talk to your client in advance about what to do if she disappears or cannot be located. Does she want you to contact the police, family or friends?

32. Tips for Lawyers • Keep your client’s location out of all court or public documents and otherwise confidential. • When calling your client, block your number from caller i.d. and before you start to talk, ask if it is safe to talk.

33. Tips for Lawyers • If you feel your client is in danger, call the police. • Direct your client to the local domestic violence agency and other third parties for needed assistance. For a Michigan DV resource directory by county, go to: http://www.michigan.gov/som/0,1607,7-192-29941_30586_240-2884--,00.html

34. Consider Confidentiality: • Court rules and statutes generally require disclosure of child’s address. MCR 3.206, MCL 722.1209 • Victim could be in danger if perpetrator learns her address. • In a PPO, victim may choose to keep her address confidential. MCL 600.2950(3) • In a custody action, no disclosure to other party if a party’s or child’s safety would be at risk by disclosure of identifying information. MCL 722.1209(5)

35. Personal Protection Order An order that enjoins specific behavior, including: • Assaulting, assaulting, beating, molesting or wounding a named individual • Entering onto property • Threatening to kill or injure a named individual • Removing minor children from legal custodian • Purchasing or possessing a firearm • Interfering with efforts to remove children or property from respondent’s premises • Interfering with petitioner’s employment/education • Access to information regarding petitioner’s address • Stalking • Any other specific act that imposes on personal liberty or causes reasonable apprehension of violence

36. Michigan PPO Three types of orders: • Domestic Relationship PPO • Spouse, former spouse, child in common, residing or have resided together, dating relationship. • Non-Domestic Stalking PPO • No special relationship required • Must show 2 or more separate incidents of stalking • Sexual Assault PPO • Not required to have a domestic relationship or show 2 stalking incidents. • Must show respondent was convicted of sexual assault, or • Petitioner was threatened with sexual assault.

37. Michigan PPO Filing Requirements: • Filed as a separate action • No filing fees charged • Filed in any county in MI regardless of residency • Petitioner may omit address, but provide mailing address • Forms available through SCAO • Mutual PPOs are prohibited • PPOs are entered into LEIN (law enforcement information network)

38. The Court Must Consider… • Testimony • Documents • Or other evidence Court cannot consider: • Lack of police report • Lack of medical report • Lack of physical injury Court cannot make the PPO mutual.

39. The Court SHALL Issue a PPO… • If the court determines that there is reasonable cause to believe that the individual to be restrained may commit one or more of the acts listed. • The Court must rule on request for ex parte PPO within 24 hours of filing. • If the court refuses to enter the PPO, it must state reasons in writing and advise petitioner of right to hearing (unless no merit).

40. How long does a PPO continue? Duration: • Ex parte PPO – valid for not less than 180 days. • All PPOs – must include an expiration date on the order. Effectiveness: • Effective and enforceable anywhere in MI and the US when signed by a judge (even before service). • But, if respondent hasn’t been served, before making an arrest law enforcement must give respondent an opportunity to comply with the order.

41. Modifying a PPO Modification or Termination: • Respondent may file a motion within 14 days after service unless good cause is shown for filing after 14 days. • Petitioner may file a motion any time. Extension: • Petitioner may file ex parte motion to extend expiration date no later than 3 days before the order expires.

42. Enforcement of PPO • Warrantless arrest – after service, respondent may be immediately arrested if reasonable cause exists that PPO was violated. • Show cause petition – if no arrest, petitioner may file a petition for an order to show cause. • Criminal contempt proceeding. • Some due process protections – right to hearing; right to attorney; proof beyond a reasonable doubt; but no right to jury. • Penalties – imprisoned for not more than 93 days and/or fined not more than $500. • May also be charged with separate criminal offense.

43. PPO and a Custody Order • A PPO takes precedence over existing custody or parenting time order until the PPO expires or the custody order is modified to accommodate the PPO. • If respondent’s custody or parenting time would be adversely affected by a PPO, the court must determine whether conditions should be specified in the PPO to accommodate respondent's rights or whether safety of petitioner and children would be compromised by conditions. MCR 3.706(C)

44. RESOURCES Michigan: • Michigan Coalition Against Domestic and Sexual Violence www.mcadsv.org • Michigan Domestic Violence Prevention and Treatment Board http://www.michigan.gov/dhs/0,1607,7-124-5460_7261---,00.html • Batter Intervention Services Coalition of Michigan www.biscmi.org

45. MORE RESOURCES • Domestic Violence Bench Book www.courts.michigan.gov/mji/resources/dvbook/dvbook.htm • Friend of the Court Domestic Violence Bench Book www.courts.michigan.gov/mji/resources/focdv/focdv/focdv.htm • Michigan Judicial Institute http://courts.michigan.gov/mji/

46. MORE RESOURCES National: • American Bar Association, Domestic Violence Committee http://www.abanet.org/domviol/ • National Domestic Violence Hotline http://www.ndvh.org/ • National Stalking Resource Centerhttp://www.ncvc.org/src/Main.aspx

47. MORE RESOURCES • National Sexual Violence Resource Center http://www.nsvrc.org/ • National Network to End Domestic Violence http://www.nnedv.org/ • National Council Against Domestic Violence http://www.ncadv.org/ • Lundy Bancroft http://www.lundybancroft.com/ • The Batterer as Parent • Why Does He Do That? • When Dad Hurts Mom