DOMESTIC VIOLENCE AND ITS IMPACT ON CHILDREN Presented

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)

IMPORTANCE n Impact on your patient population n Costs of not identifying and treating

WHO ARE THE VICTIMS? n Most victims are women n Transcends economic factors, education levels, race, religious backgrounds, and sexual orientation n Child Witnesses

WHAT IS DOMESTIC VIOLENCE? PATTERN OF BEHAVIOR n Consisting of multiple coercive behaviors perpetrated by the abuser over a period of time (each incident building on those that came before) n Intimidating behavior to place the victim in fear n In order to create and maintain an improper balance of power and authority over the victim

TACTICS OF CONTROL n Physical Abuse: Hitting, stabbing, shaking, kicking n Emotional Abuse: Undermining the victim’s self worth n Sexual Abuse: Forcible sexual activity against the victim’s will n Psychological Abuse: Instilling fear in the victim, threats to flee with the children, encouraging children to engage in controlling, abusive behavior against victim

HEALTH CARE EFFECTS OF OBSERVING ABUSE Children who witness chronic abuse may exhibit effects in the following ways: n Physical n Psychological n Risky Behaviors n Academic

HOW CAN YOU HELP? n C A R E Communicate n Assure the caregiver/patient n Referral n Educate on options

What legal remedy is available for the victim and child? n 50 B Restraining Order n Domestic Violence Act § Enacted 1979 § DVPO, restraining order, 50 B order

WHO DOES THE STATUTE PROTECT? n Persons of opposite sex who live together or have n n n 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

STATUTORY DEFINITION OF DOMESTIC VIOLENCE n Civil action: Plaintiff vs. Defendant n Attempting to or intentionally causing bodily injury n Placing someone or a member of someone’s family or household in fear of imminent serious bodily injury n Committing any act defined in GS 14 -27. 2 through 14 -27. 7 (rape & sexual offenses) n Placing someone in fear of continued harassment that rises to level as to inflict substantial emotional distress

Harassment & Stalking n Harassment defined same as in stalking law n Conduct that torments, terrorizes, or terrifies a person n Includes all types of communication, i. e. written, telephone, fax, e-mail, voice mail

WHAT RELIEF IS AVAILABLE? n Direct batterer to refrain from threatening, abusing, following, harassing, or otherwise interfering with the victim n Grant victim possession of the residence and exclude the batterer n Order eviction of batterer from residence and assist victim in returning to it n Temporary custody of minor children and establishment of visitation rights (see HB 1354)

MORE RELIEF…. . n Order spousal support and/or child support n Provide for possession of personal property n Prohibit batterer from purchasing a firearm n Order completion of abuser treatment program n Any additional prohibitions or requirements deemed necessary to protect victim

OTHER CUSTODY PROVISIONS n Standard at ex parte stage changed to “child exposed to a substantial risk of physical or emotional injury or sexual abuse” n Court required to consider custody at ten-day hearing if either party requests it n Court must consider certain factors related to the safety of the child and the parent

PROCESS FOR OBTAINING A RESTRAINING ORDER n File for an Ex Parte Order n Law Enforcement guaranteed under Order n Valid for 10 days until full hearing is held

DVPO DURATION n Restraining Order valid for 1 year if granted after full hearing

HOW DOES THE VICTIM PROCEED? n Does victim need an attorney? n n Where does she file? n n No, pro se option since 1989 In the clerk’s office in the county where she resides Is there a filing fee? n NO, pursuant to VAWA compliance bill that passed in 2002 session

REFERRAL INFORMATION n NC Coalition against Domestic Violence www. nccadv. org 1 -888 -232 -9124 n National Domestic Violence Hotline 1 -800 -799 -SAFE n National Sexual Assault Hotline 1 -800 -656 -HOPE n Legal Aid of North Carolina www. legalaidnc. org (919)688 -6396