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

Impact on your patient population

Costs of not identifying and treating

WHO ARE THE VICTIMS?

Most victims are women

Transcends economic factors, education levels, race, religious backgrounds, and sexual orientation

Child Witnesses

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

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

HEALTH CARE EFFECTS OF OBSERVING ABUSE

Children who witness chronic abuse may exhibit effects in the

following ways:

Physical Psychological Risky Behaviors Academic

HOW CAN YOU HELP?

C A R E Communicate

Assure the caregiver/patient

Referral

Educate on options

What legal remedy is available for the victim and child?

50 B Restraining Order

Domestic Violence Act

Enacted 1979 DVPO,

restraining order, 50B order

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

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

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

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)

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

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

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

DVPO DURATION

Restraining Order valid for 1 year if granted after full

hearing

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

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