Domestic Violence Domestic Violence

Jodie Bacon Jodie Bacon Domestic Violence Victim AdvocateDomestic Violence Victim Advocate

Winooski Police DepartmentWinooski Police Department802-655-0221802-655-0221

Domestic Violence ContinuumDomestic Violence Continuum

A victim could be any where on the continuumA victim could be any where on the continuum

POWER

and

CONTROL

INTIMIDATION

Making her afraid by using looks, gestures, actions.- Smashing things – Destroying her property – Abusing pets – Displaying weapons

EMOTIONAL ABUSE

Putting her down – Making her feel bad – Calling her names – Making

her think she’s crazy – Mind games Humiliating her – Making her feel

guilty.

ISOLATIONControlling what she does, who

she sees, where she goes – Limiting her social life – Using

jealousy to justify abusive actions.

MIMIMIZING & BLAMEMaking light of the abuse and not

taking her concerns about it seriously – Denying the abuse –

Shifting responsibility – Saying she caused the problem.

USE of CHILDRENMake her feel guilty about the kids – Using children to relay messages –

Using visitation to harass her – Threatening to take the children

away.

MALE PRIVILEGETreating her like a servant – Making all major decisions – Acting like the “master of the

castle” – Being the one to define men’s and woman’s roles

ECONOMIC ABUSEPreventing her from getting or keeping a job – Making her ask

for money – Giving her an allowance – Taking her money – Not letting her have access to

family income

COERCION & THREATSMaking or carrying out threats to

do something to hurt her – Threatening to leave her, to

commit suicide, to report her to welfare – Making her drop

charges – Making her do illegal things

Cycle of ViolenceCycle of Violence

Honeymoon

Hook Tension

Explosion

Cycle of ViolenceCycle of Violence

Tension-Walking on eggshellsTension-Walking on eggshells Explosion-Incident of abuseExplosion-Incident of abuse Honeymoon-Love, hopeHoneymoon-Love, hope Hook-Abuser apologies but blames the Hook-Abuser apologies but blames the

victimvictim

Why the Victim Does not LeaveWhy the Victim Does not Leave

FinancialFinancial ChildrenChildren FearFear She loves himShe loves him Blames herselfBlames herself EmbarrassedEmbarrassed She’s tried beforeShe’s tried before

Immigration IssuesImmigration Issues DisabilitiesDisabilities She’s isolatedShe’s isolated Religious BeliefsReligious Beliefs Being OutedBeing Outed No GuaranteeNo Guarantee PromisesPromises

Some Characteristics of AbusersSome Characteristics of Abusers

Personality BackgroundPersonality Background Abusers often suffer from low self-esteem, and Abusers often suffer from low self-esteem, and

insecurity. They feel a need to be in control, and insecurity. They feel a need to be in control, and display this characteristic through periods of violence display this characteristic through periods of violence alternating with periods of “affection” and alternating with periods of “affection” and “compassion”.“compassion”.

Abusers frequently present themselves to the outside Abusers frequently present themselves to the outside world as “gentlemen”. This façade often makes it world as “gentlemen”. This façade often makes it difficult for others to recognize the controlling tactics difficult for others to recognize the controlling tactics used by the abuser.used by the abuser.

Abusers frequently lack the capacity for Abusers frequently lack the capacity for delayed delayed gratification,gratification, and are “NOW” oriented. “I want what I and are “NOW” oriented. “I want what I want, now!” This evidences their “self-centeredness.”want, now!” This evidences their “self-centeredness.”

Characteristics ContinuedCharacteristics Continued

Personality Background (continued)Personality Background (continued) Formalized guilt and remorse are not generally found in Formalized guilt and remorse are not generally found in

abusers. They often present with a abusers. They often present with a pseudo-remorsepseudo-remorse stage that immediately follows their abusive actions, or stage that immediately follows their abusive actions, or persists as long as there is an ongoing legal issue. This persists as long as there is an ongoing legal issue. This is generally an abusers attempt at a “quick-fix” for the is generally an abusers attempt at a “quick-fix” for the immediate problem.immediate problem.

A lack of empathy for their actions against the victim is A lack of empathy for their actions against the victim is another common characteristic of abusers. If empathy is another common characteristic of abusers. If empathy is present, it is generally present, it is generally superficialsuperficial and and demonstrated as a demonstrated as a means of reducing responsibility for their actions.means of reducing responsibility for their actions.

Characteristics ContinuedCharacteristics Continued

Selective AbuseSelective Abuse Abusers often “select” the type of abuse that Abusers often “select” the type of abuse that

will best suit their needs for a given situation.will best suit their needs for a given situation. The type and intensity of abuse is “The type and intensity of abuse is “variablevariable” ”

depending on whether or not the abusers depending on whether or not the abusers “needs” are being “met.”“needs” are being “met.”

Full Faith and CreditFull Faith and Credit

§ 5138. Enforcement.§ 5138. Enforcement.

    (a)  Law enforcement officers are authorized to enforce orders issued (a)  Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order as defined in under this chapter. A foreign abuse prevention order as defined in 1515 V.S.A. V.S.A. § 1101 shall be accorded § 1101 shall be accorded fullfull faithfaith and and creditcredit throughout this state and throughout this state and shall be enforced as if it were an order of this state. Law enforcement shall be enforced as if it were an order of this state. Law enforcement officers may rely upon a copy of any order issued under this chapter or any officers may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order. Enforcement may include, but is not limited foreign abuse prevention order. Enforcement may include, but is not limited to, making an arrest in accordance with the provisions of Rule to, making an arrest in accordance with the provisions of Rule 33 of the of the Vermont Rules of Criminal Procedure. Vermont Rules of Criminal Procedure. 

(b)  In addition to the provisions of subsection (a) of this section, violation of (b)  In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as a criminal an order issued under this chapter may be prosecuted as a criminal contempt under Rule contempt under Rule 4242 of Vermont Rules of Criminal Procedure. The of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the state's attorney in prosecution for criminal contempt may be initiated by the state's attorney in district or superior court in the unit or county in which the violation occurred. district or superior court in the unit or county in which the violation occurred.

The maximum penalty which may be imposed under this The maximum penalty which may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the for criminal contempt may be stayed in the discretion of the court, pending the expiration of the time allowed for filing notice court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. of appeal or pending appeal if any appeal is taken.

After two years have passed from conviction under this After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a protection order involving moral turpitude or a violation of a protection order after such initial adjudication.  Added 2005, No. 193 (Adj. after such initial adjudication.  Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.——————————Sess.), § 1, eff. Oct. 1, 2006.——————————

Why victims do not report abuseWhy victims do not report abuse

RetaliationRetaliation Fear of being judgedFear of being judged Fear of not being believedFear of not being believed Does not want to see abuser punishedDoes not want to see abuser punished Embarrassment Embarrassment Financial concernsFinancial concerns Victim does not have time alone from Victim does not have time alone from

abuserabuser

Separation Violence Separation Violence

The most dangerous time in a relationship The most dangerous time in a relationship is when the victim tries to leave.is when the victim tries to leave.

The abuser has to work harder in order to know where the victim is, who she is with, and what she is doing.

In order to gain back control, the batterer will begin to survey the victim and harass her. Most domestic homicides occur during the separation period.

Harassing Phone CallsHarassing Phone Calls

Do not respondDo not respond Saying anything is Saying anything is

contactcontact Caller learns how Caller learns how

many calls it will take many calls it will take for a responsefor a response

Get a second phone Get a second phone number number

Involving law Involving law enforcementenforcement When there is a crimeWhen there is a crime

Contacting persons accused of DC by Contacting persons accused of DC by phone may escalate the situation by phone may escalate the situation by sending a message:sending a message: ““If the officer could have arrested me then If the officer could have arrested me then

they would have”they would have” Accused feels that victim is now trying to Accused feels that victim is now trying to

humiliate him/her and needs to strike backhumiliate him/her and needs to strike back

StalkingStalking

Stalking- Repeated harassing or Stalking- Repeated harassing or threatening behavior putting another threatening behavior putting another person in fear.person in fear.

Behaviors of Stalking:Behaviors of Stalking: Surveillance, unwanted calls etc., animal Surveillance, unwanted calls etc., animal

abuse, damage to property, reporting abuse, damage to property, reporting victim for crimes, inappropriate victim for crimes, inappropriate approaches and confrontations, appearing approaches and confrontations, appearing at work or residence, assault, threats.at work or residence, assault, threats.

TechnologyTechnology

Some examples are: GPS devices, hidden Some examples are: GPS devices, hidden cameras, computer spy ware, and listening cameras, computer spy ware, and listening devices. Bluetooth technology is being used by devices. Bluetooth technology is being used by stalkers to spoof or hijack a victim’s cell phone. stalkers to spoof or hijack a victim’s cell phone. Stalkers use technology to make it appear that the Stalkers use technology to make it appear that the

victim has been calling or texting them when it is the victim has been calling or texting them when it is the other way around. other way around.

Stalkers use cell phones to stalk and harass their Stalkers use cell phones to stalk and harass their victims by locating victims, through GPS, and as a victims by locating victims, through GPS, and as a listening device. listening device.

Victim RightsVictim Rights

Right to choiceRight to choice Right to be Right to be

informedinformed Right to return of Right to return of

propertyproperty Right to safetyRight to safety

Right to notificationRight to notification Right to be heard Right to be heard

(testimony) Right (testimony) Right to compensationto compensation

Right to receive Right to receive victim assistancevictim assistance

Victim Notification SheetVictim Notification Sheet Statue:Statue: 13 V.S.A. Chapter 165 § 5305 13 V.S.A. Chapter 165 § 5305§ 5305. Information concerning release from confinement§ 5305. Information concerning release from confinement

(a) Victims, other than victims of acts of delinquency, and (a) Victims, other than victims of acts of delinquency, and affected persons shall have the right to request notification by affected persons shall have the right to request notification by the agency having custody of the defendant before the the agency having custody of the defendant before the defendant is released, including a release on bail or conditions defendant is released, including a release on bail or conditions of release, furlough or other community program, or whenever of release, furlough or other community program, or whenever the defendant escapes, is recaptured, dies, or receives a the defendant escapes, is recaptured, dies, or receives a pardon or commutation of sentence. Notice shall be given to pardon or commutation of sentence. Notice shall be given to the victim or affected person as expeditiously as possible at the the victim or affected person as expeditiously as possible at the address or telephone number provided to the agency having address or telephone number provided to the agency having custody of the defendant by the person requesting notice. Any custody of the defendant by the person requesting notice. Any address or telephone number so provided shall be kept address or telephone number so provided shall be kept confidential.confidential.

(b) If the defendant is released on conditions at arraignment, (b) If the defendant is released on conditions at arraignment, the prosecutor's office shall inform the victim of a listed crime of the prosecutor's office shall inform the victim of a listed crime of the conditions of release.the conditions of release.

(c) If requested by a victim of a listed crime, the department of (c) If requested by a victim of a listed crime, the department of corrections shall:corrections shall:

(1) at least 30 days before a parole board hearing concerning (1) at least 30 days before a parole board hearing concerning the defendant, inform the victim of the hearing and of the the defendant, inform the victim of the hearing and of the victim's right to testify before the parole board or to submit a victim's right to testify before the parole board or to submit a written statement for the parole board to consider; andwritten statement for the parole board to consider; and

(2) promptly inform the victim of the decision of the parole (2) promptly inform the victim of the decision of the parole board, including providing to the victim any conditions attached board, including providing to the victim any conditions attached to the defendant's release on parole. (Added 1985, No. 182 to the defendant's release on parole. (Added 1985, No. 182 (Adj. Sess.), § 2; amended 1989, No. 290 (Adj. Sess.), § 3; (Adj. Sess.), § 2; amended 1989, No. 290 (Adj. Sess.), § 3; 1995, No. 170 (Adj. Sess.), § 4, eff. Sept. 1, 1996.)1995, No. 170 (Adj. Sess.), § 4, eff. Sept. 1, 1996.)

Listed CrimesListed Crimes StalkingStalking Aggravated StalkingAggravated Stalking Domestic AssaultDomestic Assault 1st Degree Aggravated Domestic 1st Degree Aggravated Domestic

AssaultAssault 2nd Degree Aggravated Domestic 2nd Degree Aggravated Domestic

AssaultAssault Sexual AssaultSexual Assault Aggravated Sexual AssaultAggravated Sexual Assault Lewd or lascivious conductLewd or lascivious conduct Lewd or lascivious conduct with a Lewd or lascivious conduct with a

childchild MurderMurder Aggravated MurderAggravated Murder ManslaughterManslaughter Aggravated AssaultAggravated Assault Assault and Robbery with a Assault and Robbery with a

dangerous weapondangerous weapon Arson causing deathArson causing death

Assault and Robbery causing Assault and Robbery causing bodily injurybodily injury

MaimingMaiming KidnappingKidnapping Unlawful restraint 2nd degreeUnlawful restraint 2nd degree Unlawful restraint 1st degreeUnlawful restraint 1st degree Recklessly endangering another Recklessly endangering another

personperson Violation of Abuse Prevention Violation of Abuse Prevention

OrderOrder Operating Vehicle under the Operating Vehicle under the

Influence of intoxicating liquor or Influence of intoxicating liquor or other substance with either death other substance with either death or serious bodily injury resultingor serious bodily injury resulting

Careless or Negligent Operation Careless or Negligent Operation resulting in serious bodily injury or resulting in serious bodily injury or deathdeath

Leaving the Scene of an Accident Leaving the Scene of an Accident with serious bodily injury or deathwith serious bodily injury or death

Burglary into an occupied dwellingBurglary into an occupied dwelling

Affected PersonsAffected Persons

VictimVictim WitnessesWitnesses JurorsJurors Family Members Family Members Any other persons who demonstrate to the Any other persons who demonstrate to the

court that the release or escape of court that the release or escape of defendant will constitute a threat of defendant will constitute a threat of physical, emotional or financial injury or physical, emotional or financial injury or death.death.

ResourcesResources

Women Helping Battered WomenWomen Helping Battered Women – – 658-3131 658-3131 office, office, 652-1996652-1996 hotline hotline

Victim Notification- 241-2305Victim Notification- 241-2305 Chittenden County State’s Attorneys Chittenden County State’s Attorneys

Office- 863-2865Office- 863-2865 SafeSpace (LBGTQQ)SafeSpace (LBGTQQ) - -863-0003863-0003 or toll free or toll free

866-869-7341866-869-7341 Women’s Rape Crisis CenterWomen’s Rape Crisis Center - -863-1236, 863-1236,

800-489-7273800-489-7273

ResourcesResources

Adult Protective Services-Adult Protective Services- 1-800-564-16121-800-564-1612 Chittenden County Probation and Parole-Chittenden County Probation and Parole-

863-7350 863-7350 Vermont Department of Corrections Vermont Department of Corrections

Direction of Victim Services-Direction of Victim Services- 802-241-2302 802-241-2302 Vermont Center for Crime Victim Services-Vermont Center for Crime Victim Services-

1-800-750-1213, 1-802-241-12501-800-750-1213, 1-802-241-1250