DOMESTIC VIOLENCE AND ITS IMPACT ON CHILDREN
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Transcript of DOMESTIC VIOLENCE AND ITS IMPACT ON CHILDREN
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DOMESTIC VIOLENCE AND ITS IMPACT ON
CHILDREN
Presented by Legal Aid of North Carolina***Adapted from presentations generated by the North Carolina Coalition
Against Domestic Violence
and the NYS Office for the Prevention of Domestic Violence (presentation on Domestic Violence: Maternal, Infant & Child Health Care-2004)
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IMPORTANCE
Impact on your patient population
Costs of not identifying and treating
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WHO ARE THE VICTIMS?
Most victims are women
Transcends economic factors, education levels, race, religious backgrounds, and sexual orientation
Child Witnesses
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WHAT IS DOMESTIC VIOLENCE?
PATTERN OF BEHAVIOR Consisting of multiple coercive behaviors perpetrated
by the abuser over a period of time (each incident building on those that came before)
Intimidating behavior to place the victim in fear
In order to create and maintain an improper balance of power and authority over the victim
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TACTICS OF CONTROL Physical Abuse:
Hitting, stabbing, shaking, kicking
Emotional Abuse: Undermining the victim’s self worth
Sexual Abuse: Forcible sexual activity against the victim’s will
Psychological Abuse:Instilling fear in the victim, threats to flee with the children, encouraging children to engage in controlling, abusive behavior against victim
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HEALTH CARE EFFECTS OF OBSERVING ABUSE
Children who witness chronic abuse may exhibit effects in the
following ways:
Physical Psychological Risky Behaviors Academic
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HOW CAN YOU HELP?
C A R E Communicate
Assure the caregiver/patient
Referral
Educate on options
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What legal remedy is available for the victim and child?
50 B Restraining Order
Domestic Violence Act
Enacted 1979 DVPO,
restraining order, 50B order
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WHO DOES THE STATUTE PROTECT?
Persons of opposite sex who live together or have lived together
Persons related as parents and children or grandparents and grandchildren
Persons who have a child in common Current or former household members Persons of opposite sex who are in a dating
relationship The mother/or victim can file restraining order can be
filed on behalf of a child that has suffered abuse at the hands of the abuser
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STATUTORY DEFINITION OF DOMESTIC VIOLENCE
Civil action: Plaintiff vs. Defendant Attempting to or intentionally causing bodily injury Placing someone or a member of someone’s family
or household in fear of imminent serious bodily injury Committing any act defined in GS 14-27.2 through
14-27.7 (rape & sexual offenses) Placing someone in fear of continued harassment
that rises to level as to inflict substantial emotional distress
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Harassment & Stalking
Harassment defined same as in stalking law Conduct that torments, terrorizes, or terrifies a
person Includes all types of communication, i.e.
written, telephone, fax, e-mail, voice mail
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WHAT RELIEF IS AVAILABLE?
Direct batterer to refrain from threatening, abusing, following, harassing, or otherwise interfering with the victim
Grant victim possession of the residence and exclude the batterer
Order eviction of batterer from residence and assist victim in returning to it
Temporary custody of minor children and establishment of visitation rights (see HB 1354)
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MORE RELIEF…..
Order spousal support and/or child support Provide for possession of personal property Prohibit batterer from purchasing a firearm Order completion of abuser treatment
program Any additional prohibitions or requirements
deemed necessary to protect victim
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OTHER CUSTODY PROVISIONS
Standard at ex parte stage changed to “child exposed to a substantial risk of physical or emotional injury or sexual abuse”
Court required to consider custody at ten-day hearing if either party requests it
Court must consider certain factors related to the safety of the child and the parent
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PROCESS FOR OBTAINING A RESTRAINING ORDER
File for an Ex Parte Order
Law Enforcement guaranteed under Order
Valid for 10 days until full hearing is held
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DVPO DURATION
Restraining Order valid for 1 year if granted after full
hearing
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HOW DOES THE VICTIM PROCEED?
Does victim need an attorney? No, pro se option since 1989
Where does she file? In the clerk’s office in the county where she
resides
Is there a filing fee? NO, pursuant to VAWA compliance bill that
passed in 2002 session
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REFERRAL INFORMATION
NC Coalition against Domestic Violencewww.nccadv.org
1-888-232-9124 National Domestic Violence Hotline
1-800-799-SAFE National Sexual Assault Hotline
1-800-656-HOPE Legal Aid of North Carolina
www.legalaidnc.org (919)688-6396