improving court response

8/6/2019 Improving Court Response

1/31

Lundy B ancroft


2/31

Definition of Domestic

Violence A pattern of coercive control that may be primarilymade up of psychological abuse, sexual coercion, oreconomic abuse, that is punctuated by one or more

acts of frightening physical violence, credible threat ofphysical harm, or sexual assault.


3/31

CAUSES OF DOMESTIC VIOLENCEPERPETRATION

Attitudes that support violence towardfemale partners

Learned behavior from male role models

Lack of consequences for previous actsof domestic violence


4/31

OBSTACLES TO CHANGELack of consequences

Lack of confrontation and abuser

educationAlcohol and drugs

Mental health problems


5/31

ELEMENTS OF CHANGE

Consequences

Education

Confrontation

Accountability


6/31

CORE ISSUES

Power and control

Selfishness

DisrespectJustification

Intimidation (including violence)


7/31


8/31

REDUCING RECIDIVISM

Avoid diversion

Incarcerate the batterer

Split sentence where statute permitsRevoke probation quickly when violations occur


9/31

REDUCING RECIDIVISM

Accelerate trial process as much as possible

Address any substance abuse issues

Require rapid starting of batterer intervention programRefer victim to services for herself and the children


10/31

REDUCING RECIDIVISM

See The Criminal Justice Response to Domestic

Violenceby Andrew Klein, retired probation officer.


11/31

REDUCING RISK

Perform danger/lethality assessment

Maintain confidentiality of victims address

Increase the use of incarceration


12/31

INTERVENTIONS TO AVOID

Conjoint counseling or mediation

Anger management

Substance abuse or mental health treatment as asubstitute forlegal consequences and batterer

intervention services.

Batterer intervention in the absence of a meaningful

consequence held over the offenderBatterer intervention if the offender continues to deny

the offense


13/31

HOLDING BATTERERS

ACCOUNTABLEClose monitoring and supervision

Avoiding collusion

Pressing him to deal with his abusivenessDont take his word on his progress or behavior

Maintain relationship with victim


14/31

ADDITIONAL ISSUES

Women arrested as heterosexual

perpetratorsSame-sex domestic violence

Child abuse reporting

Child custody


15/31

TACTICS IN SEEKING ALLIESSeeking sympathy

Minimizing seriousness of the offense

Blaming alcohol

Bonding with males against womenFlattering/flirting with females


16/31

TACTICS IN SEEKING ALLIESShifting blame to victim

Lying

Promising change

Getting people to pressure or criticize the victimManipulating


17/31

Educating and Challenging

Batterers

Demanding change

Building empathyFocusing on responsibility to the victim

and her children

Collaborating with other systems


18/31

Educating and Challenging

Batterers

Firm, respectful confrontation

Educational styleNon-inflammatory

Avoiding collusion


19/31

CRITICAL FEEDBACK

Pointing out controlling behavior

Pointing out entitled attitudes

Taking the woman

s side

Speaking about the childrensexperience of him

Questioning his stated motives /intentions


20/31

CRITICAL FEEDBACK

Challenging his excuses andjustifications

Showing what respectful behaviorwould be

Pointing out disrespect for his partner

Challenging him about the effects hehas had on his partner and children

Asking him to meet his responsibilities


21/31

PROCESS OF CHANGE

Full disclosure

Acceptance of responsibility

Relinquishing excusesDevelopment of empathy


22/31

PROCESS OF CHANGE

Identifying pattern of coercive control

Identifying abusive attitudes

Development of empathy for childrenMaking amends


23/31

PROCESS OF CHANGE

Developing respectful behaviors

Accepting consequences of his actions

Committing to lifelong change


24/31

BATTERER PROFILEConsistently true:

Skillfully dishonest

Disrespectful, Superior, Depersonalizing

Good early in relationship

Externalizes responsibility


25/31


Social isolation of the victim, andsometimes of the children as well)

Mentality of ownership, often includingsevere possessiveness


26/31


Denial

Minimization

Lack of empathy for victim


27/31


Punishes, retaliates

Batters serially

Danger increases post separation


28/31

AREAS OF CONTROL

Arguments and decision-making

Child-rearing

Her freedom of movement and associationLabor


29/31

AREAS OF CONTROL

Finances

Sexuality

Her freedom of speech and thoughtHer attention

C ib i Child


30/31

Contributing to ChildrensRecoveryAdvocate for your clients childrenAssist mothers with custody and visitation

litigation

Write effective reports for courts about thechildren

Offer information to mothers (partners of clients)about their children and how to assist them

Dont help clients to seek custody or visitation or

to find attorneys

C t ib ti t Child


31/31

Contributing to ChildrensRecoveryAdvocate for your clients children

Work with CPS on holding the abuseraccountable and offering appropriate

supportive assistance to the motherDont write reports for clients attorneys, or

for the clients themselves reports shouldalways be addressed directly to the court

improving court response

Documents