The Silent Victims: The Silent Victims: Understanding the Effects Understanding the Effects of Violence on Children for of Violence on Children for

Child Custody Mediators Child Custody Mediators and Guardians ad Litemand Guardians ad Litem

Diane Zosky, Ph.D., ACSW, Diane Zosky, Ph.D., ACSW, LCSWLCSW

Illinois State UniversityIllinois State University

What is Domestic Violence

What is Domestic Violence?

Context of domestic violence Issue of power and control Role of beliefs Forms of domestic violence Definition used in many PAIPS

Context of Domestic Violence

Must understand the intensity of emotional relationship

Context of dependency relationships

Contexts of investment Violence has incredible power for

intra-psychic internalization

Issue of Power and Control

Violence is not about anger Violence is about power and control Men who abuse do not lose control when

violent, rather they are very much in control

Violence is not just the ultimate expression of anger, rather anger is used as mechanism for power and control

Anger is the means, not an end

The Power of Violence

First act of Violence is pivotal event in experience of victim

From that moment forward, this event remains like an “invisible tatoo” on the relationship

Perpetrator may never need to resort to violence again to maintain control

Potency of all non-physical forms

Role of Beliefs

Violence is mechanism to maintain power and control and

The foundation of all is BELIEFS

Violence

Power and Control

Beliefs

Significance of Beliefs

Men who batter are more likely to subscribe to the belief that violence is acceptable to “keep your woman in line”

25% of variance in violence was contributed by beliefs that were approving of violence (Eisikovits, Edelson, Guttman, & Sela-Amit, 1991)

Forms of Domestic Violence

Physical Verbal Sexual Emotional Isolation Economic Intimidation

Definition used in PAIPS

Gandhi:

– “Any attempt to impose your will on another against their wishes”

Power and Control Wheel

Context and Statistics of Child Witnessing

PrevalencePrevalenceHow Many Children Witness How Many Children Witness

Parental Domestic Violence?Parental Domestic Violence?

30% of kids30% of kids

3.3 Million 3.3 Million

Children’s AwarenessChildren’s Awareness One study found that children provide very detailed One study found that children provide very detailed

descriptions of the violence when parents reported that descriptions of the violence when parents reported that the children were unaware of the violence (Jaffe, Wolfe, the children were unaware of the violence (Jaffe, Wolfe, and Wilson, 1990)and Wilson, 1990)

One study reported that 78% of children reported One study reported that 78% of children reported seeing violence when their parents reported that their seeing violence when their parents reported that their children did not observe the domestic violence event children did not observe the domestic violence event (O’Brien, John, Margolin, and Erel, 1994)(O’Brien, John, Margolin, and Erel, 1994)

One study reported that 21% of children called One study reported that 21% of children called someone for help during the abuse, 23% of children someone for help during the abuse, 23% of children became physically involved in the violence trying to became physically involved in the violence trying to stop it, and 52% yelled from another room for the stop it, and 52% yelled from another room for the violence to end (Edleson, Mbilinyi, Beeman, violence to end (Edleson, Mbilinyi, Beeman, Hagemeister, 2003)Hagemeister, 2003)

Comparative DamageComparative Damage

Several studies have compared abused Several studies have compared abused children and children who have only children and children who have only witnessed parental violence with witnessed parental violence with children from healthy environmentschildren from healthy environments

Children who have only witnessed Children who have only witnessed parental domestic violence appear to parental domestic violence appear to suffer similar negative effects as suffer similar negative effects as children who have been physically children who have been physically abusedabused

Danger to ChildrenDanger to Children OObvious risks for childrenbvious risks for children

– Risk for child abuseRisk for child abuse40%-60% of homes with DV40%-60% of homes with DV

– Risk for unintentional harmRisk for unintentional harm

children who witness may try to mediatechildren who witness may try to mediate

Danger to ChildrenDanger to Children Less obvious risksLess obvious risks

– Direct PathDirect Pathtrauma of witnessing violencetrauma of witnessing violence

Danger to ChildrenDanger to Children Less Obvious RisksLess Obvious Risks

– Indirect Path - preoccupation of Indirect Path - preoccupation of primary caretakers render them primary caretakers render them unavailable as auxiliary ego for unavailable as auxiliary ego for developmental tasksdevelopmental tasks

– abused women more likely to be depressedabused women more likely to be depressed– 45%-85% of abused women/mothers 45%-85% of abused women/mothers

diagnosed with PTSDdiagnosed with PTSD– In regression analysis of severity of violence In regression analysis of severity of violence

and maternal stress as predictors of and maternal stress as predictors of behavioral disorders and social competence behavioral disorders and social competence of kids, only maternal stress remained as of kids, only maternal stress remained as predictorpredictor

– violence = maternal stress= kids’ problemsviolence = maternal stress= kids’ problems

Related IssuesRelated Issues Home-life characterized by Home-life characterized by

instabilityinstability Poor problem solving modelingPoor problem solving modeling Models for aggressionModels for aggression Gender role modelingGender role modeling

– male = aggressivemale = aggressive– female = passive female = passive

What do these kids look What do these kids look like???like???

Impact on Social/Emotional Impact on Social/Emotional DevelopmentDevelopment

Negative EffectsNegative Effects

Externalizing EffectsExternalizing Effects Internalizing EffectsInternalizing Effects Social Competence EffectsSocial Competence Effects Somatic SymptomsSomatic Symptoms Family-Interpersonal Relationship Family-Interpersonal Relationship

EffectsEffects

Externalizing EffectsExternalizing Effects

AggressionAggression Acting outActing out DelinquencyDelinquency HyperactivityHyperactivity Post-Traumatic PlayPost-Traumatic Play

Internalizing EffectsInternalizing Effects

Low Self-EsteemLow Self-Esteem DepressionDepression Isolation and WithdrawalIsolation and Withdrawal GuiltGuilt Sense of HelplessnessSense of Helplessness Lack of efficacyLack of efficacy Lower frustration toleranceLower frustration tolerance

Internalizing EffectsInternalizing Effects

Emotional ConstrictionEmotional Constriction Anxiety - generalized and specific Anxiety - generalized and specific

fearsfears Regression in developmental Regression in developmental

achievementsachievements

Social Competence EffectsSocial Competence Effects

Impaired school performanceImpaired school performance Inappropriate social interactionInappropriate social interaction Less sensitive with interpersonal Less sensitive with interpersonal

interactionsinteractions Poor social problem solving skillsPoor social problem solving skills Fewer interests, activitiesFewer interests, activities

Somatic SymptomsSomatic Symptoms

Nightmares and sleep disturbancesNightmares and sleep disturbances Bed wettingBed wetting Somatic complaintsSomatic complaints Regression in developmental Regression in developmental

achievementsachievements

Family, Interpersonal Family, Interpersonal RelationshipsRelationships

Separation anxiety with MomSeparation anxiety with Mom Mistrust/Anger towards MomMistrust/Anger towards Mom Splitting with DadSplitting with Dad Role reversal, parentification of childRole reversal, parentification of child Inappropriate attempts to mediate Inappropriate attempts to mediate

conflictconflict Enforced family secretsEnforced family secrets

So What causes these kids to So What causes these kids to react this way????react this way????

Developmental Developmental (Attachment) Needs of (Attachment) Needs of

ChildrenChildren

What Do Kids Need?What Do Kids Need? Affirmed as loved, valued Affirmed as loved, valued

individualindividual

Security, stability, consistency Security, stability, consistency

Why do they need this?Why do they need this?

Formation of self-identityFormation of self-identity Formation of expectations of otherFormation of expectations of other

Neuro-physiological Neuro-physiological developmentdevelopment

* Bruce Perry’s work on trauma * Bruce Perry’s work on trauma and the neurobiology of brain and the neurobiology of brain developmentdevelopment

3 important concepts of 3 important concepts of neuro-physiological neuro-physiological

developmentdevelopment

Development is sequentialDevelopment is sequential Development is characterized by Development is characterized by

“sensitivity” or peak periods of “sensitivity” or peak periods of receptivity for optimal receptivity for optimal developmentdevelopment

Use-dependent nature of Use-dependent nature of development development

Overview of Brain Overview of Brain DevelopmentDevelopment

As infants, born with only primitive brain As infants, born with only primitive brain function from ANSfunction from ANS

Followed by rapid brain development from Followed by rapid brain development from less to more complexless to more complex

Brain development is sequential and Brain development is sequential and dependent on periods of “sensitivity”dependent on periods of “sensitivity”

Major working unit of brain is neurons, Major working unit of brain is neurons, neurons form into networks, then into neurons form into networks, then into systems which mediate various systems which mediate various functionsfunctions

Levels of Brain Levels of Brain DevelopmentDevelopment

Brain develops from Brain develops from most primitive most primitive areas to more areas to more complexcomplex

From autonomic From autonomic functions to functions to purposeful thoughtpurposeful thought

From brainstem, to From brainstem, to midbrain, to limbic, midbrain, to limbic, to corticalto cortical

Brainstem Functions:Brainstem Functions:most primitive functionsmost primitive functions

Regulates Regulates autonomic autonomic functions for life functions for life sustaining activitysustaining activity

Body temperatureBody temperature Heart rateHeart rate Blood pressureBlood pressure respirationrespiration

brainstem

MidbrainMidbraincontinues from the brainstemcontinues from the brainstem

ArousalArousal SleepSleep AppetiteAppetite Motor regulationMotor regulation

midbrain

Limbic system:Limbic system:much that makes us humanmuch that makes us human

Emotional Emotional reactivityreactivity

Sexual behaviorSexual behavior AttachmentAttachment AffiliationAffiliation

Limbic system

Cortex: Cortex: “Our Computer”“Our Computer”

Higher level Higher level thoughtthought

Concrete thinkingConcrete thinking Abstract thinkingAbstract thinking

cortex

Sequential developmentSequential development

Brainstem, midbrain, limbic system Brainstem, midbrain, limbic system more primitive areas develop firstmore primitive areas develop first

Higher functioning of cortical areas Higher functioning of cortical areas develop later develop later

As the higher functions of brain As the higher functions of brain develop, they modulate, mediate, develop, they modulate, mediate, or control lower more primitive, or control lower more primitive, reactive functions of the brainreactive functions of the brain

Higher level cortical functioning Higher level cortical functioning mediates impulsivity of lower areasmediates impulsivity of lower areas

A 2 year old will tantrum and act out A 2 year old will tantrum and act out impulses from more primitive brainimpulses from more primitive brain

A 12 year old will A 12 year old will FEELFEEL like throwing like throwing a tantrum but will over-ride this a tantrum but will over-ride this impulse with higher level cortical impulse with higher level cortical reasoning.reasoning.

Impulse-mediating Impulse-mediating capacity capacity

Ratio between excitatory activity Ratio between excitatory activity of lower brain and modulating of lower brain and modulating activity of higher brainactivity of higher brain

Increase activity or reactivity of Increase activity or reactivity of brainstem, or decrease in brainstem, or decrease in moderating capacity of higher moderating capacity of higher brain =brain =

Increase impulsivity, aggression, Increase impulsivity, aggression, violenceviolence

“ “So What” of all thisSo What” of all this

Since brain development is Since brain development is sequential,sequential,

Higher level development will be Higher level development will be impaired if lower level impaired if lower level development is impaired. development is impaired.

Earliest experiences have Earliest experiences have disproportionate importance in disproportionate importance in developing mature braindeveloping mature brain

“ “How” The brain How” The brain developmentsdevelopments

Undeveloped brain comprised of Undeveloped brain comprised of undifferentiated neural systems undifferentiated neural systems (translation: It’s a blob) (translation: It’s a blob)

Dependent on neurochemical and Dependent on neurochemical and neurtrophic factors (cues, neurtrophic factors (cues, chemicals) to developchemicals) to develop

cues are dependent on input from cues are dependent on input from the senses from child’s total the senses from child’s total experiencesexperiences

Lack of or disruption in cues Lack of or disruption in cues contribute to disrupted brain contribute to disrupted brain developmentdevelopment

22ndnd principle of brain principle of brain development: Sensitivitydevelopment: Sensitivity

Critical periods for specific Critical periods for specific developmentdevelopment

Brain is sensitive to “organizing Brain is sensitive to “organizing experiences” because it is experiences” because it is “primed” for the neurochemical “primed” for the neurochemical signals triggered by the sensory signals triggered by the sensory input from the “organizing input from the “organizing experiences”experiences”

Child has experienceChild has experience Leads to input information through Leads to input information through

the sensesthe senses Leads to triggers for Leads to triggers for

neurochemical activityneurochemical activity Leads to neuronal development, Leads to neuronal development,

“brain development”“brain development”

Use-dependent neuronal Use-dependent neuronal developmentdevelopment

Exposure to repeated experiences Exposure to repeated experiences are used to create “shortcuts” for are used to create “shortcuts” for increased efficiency of brain increased efficiency of brain responseresponse

The Miracle of Our BrainThe Miracle of Our Brain

Brain system is designed to sense, Brain system is designed to sense, perceive, process, store, and act perceive, process, store, and act on information received from the on information received from the External External and and InternalInternal environmentsenvironments

Survival of the SpeciesSurvival of the Species

As evolved animals, we still are As evolved animals, we still are instinctualinstinctual

Humans, due to instinct, are Humans, due to instinct, are pre-adapted for :pre-adapted for :

SurvivalSurvival

Adaptive Nature of BrainAdaptive Nature of Brain

In order to survive:In order to survive: brain designed to change in brain designed to change in

response to signalsresponse to signals change permits storage of change permits storage of

information so it can respond to information so it can respond to environmental demand = environmental demand = SURVIVALSURVIVAL

Use-Dependent Neuronal Use-Dependent Neuronal ChangeChange

All experiences are filtered by the All experiences are filtered by the sensessenses

Sensory signals stimulates Sensory signals stimulates processes in brain that alters brain processes in brain that alters brain chemistry and structurechemistry and structure

““State” vs “Trait”State” vs “Trait”

The more “use” of a response, the The more “use” of a response, the more it becomes an indelible more it becomes an indelible template for automatic responsetemplate for automatic response

What would be a “state” response What would be a “state” response memory in adults becomes a memory in adults becomes a “trait” for children since it “trait” for children since it becomes incorporated into brain becomes incorporated into brain structuralizationstructuralization

2 ANS Paths for Child 2 ANS Paths for Child response to Threatresponse to Threat

The Hyper-arousal ContinuumThe Hyper-arousal Continuum– Defensive or Fight/Flight ResponseDefensive or Fight/Flight Response

The Dissociative Continuum The Dissociative Continuum – Freeze or Surrender Response Freeze or Surrender Response

Hyper-arousal ResponseHyper-arousal Response

Threat perceived, SNS activatedThreat perceived, SNS activated Instinctual fight or flight responseInstinctual fight or flight response Release of stress hormones from Release of stress hormones from

the endocrine system, the endocrine system, neurotransmitters (brain chemicals) neurotransmitters (brain chemicals) in the brain systemin the brain system

System flooded with cortisol, System flooded with cortisol, norepinephrin norepinephrin

Increase in heart rateIncrease in heart rate Increase in BPIncrease in BP Increase respirationsIncrease respirations Increase in pupil dilationIncrease in pupil dilation Decrease in digestion, release of stored Decrease in digestion, release of stored

sugarsugar Increase in muscle toneIncrease in muscle tone Increase in perspirationIncrease in perspiration

Increase in hyper-vigilanceIncrease in hyper-vigilance Increase in “tunnel focus” or tune Increase in “tunnel focus” or tune

out non-critical informationout non-critical information

Dissociative ContinuumDissociative Continuum

First response is vocalization, cryFirst response is vocalization, cry As threat escalates, freeze As threat escalates, freeze

responseresponse Advance to dissociation, or Advance to dissociation, or

disengage from external world to disengage from external world to internal worldinternal world

Neuro-chemistryNeuro-chemistry

Still regulated from the PNS and Still regulated from the PNS and primitive areas of the brainprimitive areas of the brain

Stimulate activity from Stimulate activity from dopaminergic systems and dopaminergic systems and endogenous opioidsendogenous opioids

Decrease in heart rateDecrease in heart rate Decrease in BPDecrease in BP Insensitivity to painInsensitivity to pain

The “So What” of these 2 The “So What” of these 2 threat response pathsthreat response paths

““The Resilience Myth”The Resilience Myth” Children are NOT resilient, they are Children are NOT resilient, they are

ADAPTIVE!!!!ADAPTIVE!!!! However, in adapting to However, in adapting to

threatening environment for threatening environment for survival, they adopt maladaptive survival, they adopt maladaptive methods for engaging the rest of methods for engaging the rest of their experiencestheir experiences

Intergenerational Intergenerational TransmissionTransmission

““God don’t make junk”God don’t make junk” If we don’t invest in our children, If we don’t invest in our children,

the problem doesn’t go away, it the problem doesn’t go away, it just gets bigger and continues for just gets bigger and continues for the next generationthe next generation

Intergenerational Intergenerational TransmissionTransmission

What We Know About BatterersWhat We Know About Batterers 82% of men convicted of DV were 82% of men convicted of DV were

either abused as children or witnessed either abused as children or witnessed their parents domestic violencetheir parents domestic violence

Low self-esteemLow self-esteem Inability to regulate affect, self-sootheInability to regulate affect, self-soothe Intense abandonment anxietyIntense abandonment anxiety Boundary diffusionBoundary diffusion

High correlation with personality High correlation with personality disorders of borderline, narcissistic, disorders of borderline, narcissistic, antisocialantisocial

Ambivalence over dependency needsAmbivalence over dependency needs Rigid gender rolesRigid gender roles Need for controlNeed for control Defenses of minimization and denialDefenses of minimization and denial

Implications for the Legal and Judicial System

Types of Cases

Criminal court with domestic battery charge

Divorce cases Child custody Juvenile court

How Parties might present in Court-Understanding the

Context of Terror

Characteristics to Remember about Victim/Survivor

High rates of PTSD High rates of depression (typically

agitated depression mixed with anxiety)

Low self-esteem beaten down by psychological abuse, may have internalized batterers projections (process of projective identification)

Presentation of Victim in Court Room

Have difficulty presenting evidence for any number of reasons: cognitive impairments

resulting from abuse, fear, or a conviction that she will not be believed.

Demonstrate inappropriate affect resulting from fear, depression, post-traumatic stress

disorder, or other response to abuse.

Be extremely anxious and unfocused in the presence of the abusive parent.

Be aggressive or angry when testifying. Show signs of distress when listening to

the other parent’s testimony. Appear numb, unaffected, or

disinterested.

For any victim, adult or child It is important to not

“decontexualize” behavior. Behavior that might appear

maladaptive, may indeed be adaptive when seen from the context

Characteristic to remember about Perpetrator

Always remember power and control is the game

Many behaviors of power and control difficult to quantify for evidentiary purposes (economic abuse, verbal,etc)

Narcissistic, anti-social, qualities Beliefs contribute to self-

righteousness

Presentation of Perpetrator in Court room

Believe or claim that the other parent is stupid, unsophisticated, or inflexible.

Anger easily. Behave in an arrogant or superior manner. Attempt to present as the true victim in

the relationship. Appear vulnerable or otherwise engender

empathy with the court or with third parties, masterful manipulators

Be unwilling to understand another’s perspective.

Expect the child to meet the parent’s needs.

Advocate or adhere to strict gender roles. Patronize the other party, counsel, and

even the court. Attempt to create an alliance with you, be

careful of collusion (don’t drink the Koolaid) Minimize, deny, blame others for, or excuse

inappropriate behavior.

Use of the Court to continue to exert Power and Control

The perpetrator may use litigation abuse to continue contact with his victim

To wear her down To continue to harass through

court filings

What the Court can do Excessive filings:

– Order the parent bringing excessive motions to payappearances the attorneys fees and costs of the other parent

– Order the parent who files frivolous motions toreimburse lost wages and other expenses of the other parent

– Excuse the at-risk parent from appearing athearings or permit the at-risk parent to appear bytelephone

– Order that no court appearances may be scheduledwithout your prior approval

Excessive requests for discovery:– Prohibit any discovery or court appearances that

directly involve the children, like depositions– Ensure that the at-risk parent has adequate

resources to comply with appropriate discovery– Control the discovery process by requiring that the

abusive parent show the relevancy of requesteddeposition testimony and other potentiallyharassing discovery

– Ensure that the abusive parent has no physicalaccess to the at-risk parent during the discoveryprocess

– Ensure that the at-risk family members areadequately protected during the pretrial process(e.g., private security, to be paid for by thecontrolling party, or orders that the abusive parentnot be present during depositions)

Filing motions to change unfavorable orders– Keep in place any orders you have made that– unfavorable orders enhance the safety of the at-risk

parent or child– • Require compliance with your orders unless there– has been a significant change in circumstances– • Prohibit contact between the parents, including– during visitation exchanges– • Keep all protections in place, including no contact– with the child, if that term was part of your original– order, absent strong evidence of change and– compliance

Multiple requests for continuance:– Deny requests for excessive or

unnecessary delay

Abuse of the Ex parte process:– Determine whether the at-risk parent is available

for the hearing and whether adequate notice wasgiven

– Determine whether a true emergency exists– Use collateral information to assist you in making

a decision; for example, determine whether anyprotection orders have been entered against eitherparent

– In post-divorce proceedings, attempt to determinewhether the claims asserted in the ex parte motion were raised in prior litigation

– Consider the length of time since any prior custody litigation

– Consider whether prior allegations of abuse havebeen raised in prior court proceedings or withchildren’s protective services

Court can set tone for proceedings

Insist that the attorneys treat all parties with respect. If the abusive parent’s attorney isallowed to be disrespectful toward the opposing counsel, the opposing party, or anywitnesses, that behavior serves to empower the abusive parent and can thereby increasethe safety threat to the at-risk parent.

Because the at-risk parent may need additional time to answer questions, insist that the attorneys give each party adequate time to respond.

Insist that counsel maintain a respectful distance from the witness.

Warn the parties and counsel against the use of sarcastic or other disrespectful remarks or tone.

Impose sanctions for the continued use of disrespectful tone, remarks, or tactics.

Watch out for and intervene to stop any controlling non-verbal behavior by one parent toward the other.

If one or both parents are pro se, require all questions and answers in court to be funneled through the bench

Inform security that the suspected abusive parent must be kept a safe distance from theat-risk parent. This may include escorting the at-risk parent into and out of the court

If the parties are pro se, require a bailiff or other person to be placed between them when they stand before the bench.

Order the controlling parent to remain in the courtroom for 15 minutes following a hearing so that the other party has an opportunity to leave safely.

Design the terms of your order with an eye toward requiring the parties to have as little contact with each other as possible.

Order professionally supervised visitation or no visitation if safe visitation cannot be arranged.

Assessment of Violence

Assessment

Assessment of occurrence of DV Assessment of safety/risk Assessment of impact on victims

Assessment of Occurrence of Domestic Violence-Adult

Conflict Tactics Scale-Revised Abuse Observation Checklist Abuse Observation Checklist-revised Clinical interviews:

– First, worst, most recent– Chronology– Relational context

Realize whenever taking history or data from perpetrator of role of minimization, rationalization, denial, and blame

Assessment of Occurrence of Domestic Violence: Children

Children’s Perception of Interparental Conflict Scale (Grych, Seid, Fincham)

Exposure to Violence Scale (Singer & Song)

Family Worries Scale (Graham-Bermann)

Assessment of Safety/Risk

SARA: Spousal Assault Risk Assessment (Kropp, Hart, Webster, Eaves)

ODARA: Ontario Domestic Assault Risk Assessment (Hilton, Harris, Rice)

Danger Assessment (J. Campbell)

Assessment of Impact on Children

CBCL Child Behavior Checklist Trauma Symptom Checklist for

Children PTSD scale for the CBCL Children’s Impact of Traumatic

Events Scale (used for sexual abuse)

Custody Issues in Cases of Domestic Violence

U.S. Congress has spoken

Although family law cases are excluded from federal courts, the US Congress advised with U.S. Congressional Resolution No. 172 (passed unanimously):

“It is the sense of Congress that, for purposes of determining child custody, credible evidence of physical abuse of a

spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse.”

National Council of Juvenile and Family Court Judges

Model Code on Domestic and Family Violence (1994)

“In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption that it is detrimental to the

Child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence.”

Yet….???

In 70% of contested custody cases that involve a history of domestic violence, the court awarded sole or joint custody to the abuser (Aiken and Murphy, 2000)

Court’s Options on Custody

Do not encourage or require contact between parties

Supervised visitation/exchange centers If no center, require exchange in

Neutral site by neutral third party Start with short daytime visits in public

place, increase with positive evidence Include provision of no consumption of

substances

Place limits on overnight and only when evidence of sustained safety

Require perpetrator to complete PAIP and substance abuse or parenting programs as indicated

Build in review dates for ongoing monitoring

NEVER, NEVER, EVER, NEVER in a million years order perpetrator and victim to joint therapy

NEVER, NEVER, EVER, NEVER in a million years be seduced, duped, played a fool for Parental Alienation Syndrome especially with DV situations

Parental Alienation Syndrome

Authored by Dr. Richard Gardner One parent willfully alienates the

children from the other parent Parental alienation OR a parent

trying to protect children Not recognized as syndrome by

ANY medical, mental health, or legal organization.

Court rulings that PAS is invalid

In the Interest of TMW (Florida 1989) Wiederholt v. Fischer (Wisconsin

1992) People v. Loomis (N.T. App. 1997) Kumho Tire v. Carmichael, 526 U.S.

137 (1999), Supreme Court ruled must meet standard from Daubert and Frye

Daubert and Frye Standard

peer review publication (self published by

Gardner) Testability rate of error general acceptance PAS does not pass this test.

Other Related “deflections”

“lip stick on a pig is still a pig” Factitious Disorder by Proxy Munchausen by Proxy Malicious Mother Syndrome

Avoid re-victimization of Survivors of Domestic

Violence

Juvenile Court-Failure to protect– Ignores the agent of the action– Ignores the compelling external and internal

reasons why leaving is difficult– Leaving is a PROCESS, not an event– Gender bias, men are rarely charged with

this – “iatrogenic” effect, makes matters worse by

disrupting one primary attachment when child needs this the most

Mutual Violence????– yes maybe, ….BUT– 9% of cases were mutual violence

(Jaffe & Austin, 1995)– “mutual” violence may be acts of self

defense– Who is primary aggressor?– Who feels in danger?

Court intervention with Perpetrators

Enforce accountability by requiring treatment

Know the difference between “anger management” programs and perpetrator intervention programs

Violence is not a matter of anger other than anger is the means to much deeper, more pernicious means

Perpetrator Abuse Intervention Program

Theoretical Approach Psycho-educational in method, use

of curriculum Intentionally NOT therapy Largely based on feminist

theoretical approach Use methods of cognitive-behavioral

and social learning theory

Priorities/Goals

Victim is considered primary client, safety of victim is primary

Cessation of violence is primary goal

Cessation of patriarchal attitudes/beliefs is secondary goal

Adoption of becoming “agents of social change” is long term goal.

Lead by M/F co-leaders

Male can challenge sexism and patriarchy and model egalitarian masculinity

Female facilitator requires men to relate in non-violent ways to female who models independence and assertion

F/M team models cross-gender communication of respect, egalitarian

Curriculum

Strong emphasis on challenging BELIEFS of patriarchy, power, and control

8 themes with 3 weeks devoted to each theme Each 3 week approach to theme is designed to

move from awareness, to understanding to action

Use of control logs and other written assignments with each theme

Designed to have participants engage in self-reflection, self-challenge, and accountability

Control Logs

Each control log takes the format of identifying: – Action– Intent– Belief– Minimization, denial, and blame– Feelings– Impact of Past violence– Commitment to non-controlling alternatives

Themes

Non-violence Non-threatening behavior Respect Support and trust Honesty and accountability Sexual respect Partnership Negotiation and fairness

Use of Mediation

Should always be an assessment for domestic violence

If present, may consider alternatives to mediation

Lack balance of power and capacity for mutual respect for mediated result

Potential to re-victimize victim and give perpetrator access

Approximation: “shuttle diplomacy and negotiation”

Separate sessions with each party on separate days

A security protocol to ensure the safe arrival and departure of the victim

A support person to accompany the abused party to mediation

Provisions in the mediated agreement to ensure safety for victim & children

Independent review of any agreement by legal counsel prior to signing

If mediation fails, provide an alternative dispute resolution such as child custody assessment

Interviewing children

Children May have ambivalent feelings about

abuser/victim

Children may blame self for issue Children may still have attachment

with abuser, have ambivalent feelings

Children, especially male children, may subscribe to identification with the aggressor

Children may be influenced by father’s devaluation of mother

Abusers may manipulate the children as means of power and control of partner

May manipulate children to undermine her parental authority

Initiating interview

May want to initially approach in less direct, non-threatening manner due to family secrets or child’s need to protect family members

“What is it like in your family/home?”

“How are disagreements handled in your home?”

Language Development

Prior to adolescent age, children’s cognitive development and language is at a concrete level and lacks abstraction

Young children have difficulty with time sequences

Young children are confused by negatives

Say “yes” due to social desirability

Children understand more words than they are able to use correctly

Recall and ability to understand exceeds ability to communicate

Children may mix up their pronouns

Use idiosyncratic words

Strategies for Interviewing

Assess child’s language complexity and match your own

Do not use baby talk Use simple and short sentences, no

compound sentences Ask child to define words Encourage child to tell you if they do

not understand question or don’t know answer

Use active rather than passive voice Repeat names rather than pronouns Avoid vague, leading, and

hypothetical questions Use neutral follow up questions:

– Tell me more– What happened next?– Tell me everything you can remember

Memory and children

Children may have accurate memories but difficulty in communicating them

Children memory may lack detail Lack memories prior to age 3 Trauma Memory very different

than routine memory

How Non-Trauma Memory is Made

Information comes in through senses to amygdala

If no threat is read, goes to hippocampus Work of the hippocampus begins process of

“storying memory Information goes up to corpus callosum, ping

pongs between right and left hemisphere Braided into coherent memory, Stored in “file” in cortex

Memory formation with trauma

Information comes in through senses Amygdala recognizes threat, kicks off threat

response Release of cortisol puts hippocampus “to sleep” Memory doesn’t get “storied coherently” Is stored in brain, but not knitted together as

coherent whole and in file for retrieval Stored in disparate parts of brain, dis-integrated

from parts with the intensity of the time of the trauma

Distinguishing between truth and lie

Young children have limited capacity to understand truth and falsehood

By age 3 understand what it means to lie By age 4 know lie is wrong Under age 7 can’t define but can answer

hypothetical questions about truth and lie Between ages of 3-6 can be accurate

reporters if questioning not too complex

Children are highly suggestible

Questioning needs to be neutral Non leading