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Find a copy in the library Finding libraries that hold this item Shows readers how to: establish project goals; implement planning on both the strategic and operational levels; manage the project life cycle and meet objectives; budget the project; handle the transition from project idea to project reality; and manage political and resource issues. Read more Reviews User-contributed reviews Add a review and share your thoughts with other readers. Be the first. Add a review and share your thoughts with other readers.
Project management. Project Management PM -- Handbooks, manuals, etc. Handbooks, manuals, etc. User lists with this item 3 Capstone 5 items by Rora. Linked Data More info about Linked Data. Dinsmore, and Jeannette Cabanis-Brewin -- ch. What is project management? Webster, Jr. The project management body of knowledge : comprehension and practice -- ch.
Stretton -- ch. Morris -- ch. Pells -- ch. Ellis, Jr. Lambert -- ch. Symptoms include listlessness, depression, and feelings of helplessness. Similarly, battered women often do not experience the full emotional impact of an attack until twenty-four to forty-eight hours after it has occurred. Phase Three is described as the "honeymoon phase. He knows he has gone too far and tries to make it up to his victim. It is a phase welcomed by both parties, but ironically it is the phase during which the woman's victimization becomes complete. In this phase, the batterer constantly behaves in a charming and loving manner.
He is usually sorry for his actions in the previous phase. He conveys his remorse to the victim, promises that he will never do it again, and begs her forgiveness. He is like a child caught with his hand in the cookie jar. The batterer truly believes that he will never again hurt the woman he loves, and that he will be able to control himself from now on. He also believes that he has taught his partner such a lesson that she will never again behave in a way that tempts him to physically assault her.
He is quite sincere and can easily convince anyone involved that his behavior will change. The batterer frequently begins an intense campaign to win forgiveness and to prevent his victim from separating herself from him permanently.
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It is common for an abuser in phase three to shower his victim with elaborate gifts and to attempt to "romance" her into forgiveness. He may enlist the aid of significant others--family, friends, clergy, even counselors--to persuade her that breaking up the relationship is a bad decision. Often everyone involved believes the rationalizations--that he is sorry and will change, that his workload or his drinking is to blame, that the children need a father, that the abuser needs the help of the victim--and somehow the victim begins to assume responsibility for his behavior.
She sees herself as the one who must stand by her man while he gets the help he so desperately needs. In reality, it is very unlikely that the abuser will ever seriously seek professional help to change his violent behavior as long as the victim stays with him. Most often, the abuser will seek help only after his victim has left him and if he thinks seeking counseling will convince her to return.
She chooses to believe that the contrite behavior is more indicative of the real person than the battering behavior. Victims and advocates for domestic violence victims identify several drawbacks to the use of the cycle of violence. First, not all victims experience these stages. Some abusers simply batter without any indication they are about to do so--there is no tension building phase. Many victims report they never experience a honeymoon phase--he shows no remorse or contrition in spite of the severity of abuse. Most victims report if they ever experienced a honeymoon phase, it disappears over time.
Victims report their experience of violence is not a cycle: they may experience none of these phases or they may experience the phases in random order. A second problem with the use of the cycle of violence is the tendency of the legal system to use it to try to "explain" why violence occurs. In fact, it does not answer the key question the legal system needs to address: Why does the batterer engage in violence? The power and control wheel is the current tool used to explain both the why to exert power and control and the how tactics used to exert power and control of domestic violence.
Another problem with the cycle of violence is its description of the third phase, in which the abuser is said to show remorse in an attempt to prevent her from leaving. In reality, since there have been concerted efforts to arrest abusers and hold them accountable through the criminal justice system, many victims report abusers as likely to use negative efforts to keep her in the relationship or to encourage her to drop the charges. For example, after an arrest he may act in a loving, begging, contrite manner or he may become more agitated and threatening, blaming her for the consequences of his behavior.
He is just as likely to threaten harm to her if she attempts to leave as he is to beg her to stay. Finally, the cycle of violence fails to address the thinking patterns of the abuser and the victim. Rather, it tends to be explained in terms of their pathology--his sense of desperation and her response based on her low self-esteem. While this may be true, it also shifts the focus from the abuser's violence and makes the issue a "couple's problem," rather than focusing on his choice to use violence and other controlling behaviors to accomplish his goal of control.
In spite of its limitations, the cycle of violence is commonly referred to in the criminal justice system because it is a component of what is known as the battered woman's syndrome. An attorney may use the battered woman's syndrome to explain why the victim's behavior in the incident under scrutiny is reasonable in light of this woman's circumstances. For example, a prosecutor might introduce the battered woman's syndrome to explain why the victim recants, while a defense attorney might use it to explain the victim's belief that she had to use the amount of force or violence she did that resulted in her abuser's death.
The battered woman's syndrome, however, does not consider the thinking patterns of the abuser and the victim. The battered woman's syndrome requires the attorney to explain both the cycle of violence and the theory of learned helplessness and show how they apply to the victim in the legal case. The theory of learned helplessness can be even more troubling than the cycle of violence for victims of domestic violence. The Psychosocial Theory of Learned Helplessness. As detailed in Domestic Violence: A Guide for Health Care Providers , published by the Colorado Domestic Violence Coalition and Colorado Department of Health in , "learned helplessness" is a psychological theory that describes what happens when a person loses the ability to predict what actions will produce a particular outcome.
Because the battered woman tries to protect herself and her family as best she can, those with learned helplessness choose only those actions that have a high probability of being successful. As the battering and isolation increase, a shift in the survivor's comprehension of the situation occurs. She increasingly perceives escape as impossible. While she may continue to work at her paid job, eat, clean house, take care of the children, laugh with coworkers and appear self-confident and independent, surviving the battering relationship becomes the focus of her life.
In the survivor's eyes, the batterer becomes more and more powerful. She sees police and other agencies as less and less able to help Walker She feels trapped and alone. She will likely develop a variety of coping mechanisms that may include withdrawal, asking permission to do even trivial things, manipulation, substance abuse, and asking that criminal charges be dropped. In reality, victims often do shift their survival mechanisms from very assertive and community-based options to simply trying to keep the abuse and its impact quiet.
This may not be a sign of passivity, as the theory of learned helplessness suggests, but rather a sign of her recognition that a more quiet response to his violence will provide the best safety for her and her children. A jury has a hard time buying into the theory of learned helplessness when presented with a victim who has used violence to kill her abuser. Recent studies on the battered woman's syndrome suggest the theory of learned helplessness has limited usefulness in the legal system. Rather, a jury can far better understand why a victim makes the choices she does when the jury is given an accurate and complete description of the batterers' abusive tactics.
This information alone--without trying to fit her into a cycle of violence which may not apply to her experiences or to paint her as exhibiting learned helplessness--may be enough to allow the jury to understand she is acting in a reasonable manner in light of her experiences. Prior to making a choice to use the battered woman's syndrome, a prosecutor needs to clearly understand the pros and cons of this decision. The Clearinghouse has a number of treatises on this issue which examine under what conditions the battered woman's syndrome may be helpful but also outline the serious drawbacks to its use.
The Clearinghouse also provides information as to how to explain to a jury the victim's actions by presenting her life to the jury through the use of witnesses and police testimony. The Clearinghouse can be reached at , ext. Advocacy for Victims of Domestic Violence. There are thousands of staff and volunteers in communities across the country who assist, support, and serve victims of domestic violence. Often these professionals provide a lifeline to women and children who desperately need assistance and direction but are confused by the dynamics of their victimization, the thought of leaving a violent environment, and, in some cases, entering into the criminal justice system.
One of the most crucial skills a victim advocate must possess is the ability to validate the victim's feelings, experiences, and fears. Many domestic violence victims do not view themselves as victims, and fail to realize that domestic violence is a crime perpetrated against many other women. Victim-centered advocacy involves engaging in a risk analysis with the client based on her perceptions.
An advocate needs to find out what a client perceives as risks, and how the advocate can most effectively use this information to advance the woman's plans and priorities. The advocate and the woman may be working at cross-purposes, either deliberately, because they have different goals, or inadvertently, because the advocate does not know enough to ask about the client's concerns.
Victim-centered advocacy involves a three-step process: 1 help the client identify what she perceives as batterer-generated risks and what the effect of staying or leaving may be on those risks; 2 help the client identify life-generated risks and identify how the abuser may manipulate these risks to further his control; and 3 assess the client's past and current safety plans. The first step involves identification of batterer-generated risks.
These include risk of physical injury; risk of psychological harm including concerns regarding her mental health, drug and alcohol abuse, and suicidal ideation ; child-related risks; financial risks; risks to family and friends, including the possible loss of relationship with them; and risks involving arrest and legal status.
Gathering this information involves approaching each woman as a unique individual whose concerns may vary from those of other victims; listening effectively; and understanding that a woman's perspective will change as the process unfolds. The second step in identification of batterer-generated risks is to listen effectively. This involves creating a safe place in which the woman can speak openly. Only then can an assessment of risk factors be made. This approach is quite different from the approach taken by an advocate who says "I only have twenty minutes to spend with the client so I make sure I spend the time describing what services are available to her.
In addition, this approach does little or nothing to establish trust with the client. Without a relationship of trust, the client is less likely to contact the advocate again. Establishing trust begins by listening to her story and hearing her concerns and questions. Battered women analyze the risks to themselves and their children on an ongoing basis. What she fears as the biggest risk will likely change as his tactics change and as she receives information that allows her to reassess her previous concerns.
Unfortunately, advocacy often stops at assessment of the physical risks, which is only one of her fears. An advocate can also assist the client to identify life-generated risks. Beyond identification of the concerns, real or perceived, the client expresses about such life-generated risks, the advocate also needs to assist the client in discussing the methods by which the batterer may manipulate these risks to reinforce his power and control. Once the batterer-generated and life-generated risks are discovered, the advocate can begin the process of giving the client complete and accurate information to dispel any concerns or explain options to address the concern.
The advocate can also begin the process of allowing the woman to engage in decision making and safety planning. As women weigh the risks and their options, the decision they face is more complex than simply whether to stay or to leave. Even if the woman does stay in the relationship, it does not mean she accepts the violence. It cannot be overemphasized that leaving the relationship provides neither a guarantee of her safety nor a guarantee that other risks will be reduced, despite social beliefs to that effect.
Studies show that women typically try many strategies to deal with the abuse.
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Researchers find the process of change is slow for most battered women, with an average of leaving five times before permanently leaving, and an average length of eight years to leave permanently. As noted earlier, studies also show women who left suffered more abuse than those who stayed.
After identifying the risks, the goal is to help the victim to create a safety plan that addresses the batterer-generated and life-generated risks. Such a plan includes protection strategies, staying strategies, and leaving strategies. If and when a victim is able to leave her battering environment, it is essential that she has a "safety plan" to increase her opportunity for a successful departure. Advance planning is crucial. Start by assessing the battered-generated and life-generated risks with her.
Based on this information, concerns and actions may need to include the following:. Domestic Violence and the Criminal Justice System. Domestic violence calls should receive priority from law enforcement agencies. Dispatchers should be specially trained in how to handle such calls, including victim sensitivity and nonjudgmental attitudes in cases of repeat calls. Information dispatchers should obtain the information that is essential to police response:.
Police dispatchers are encouraged to remain on the line to maintain contact with a victim in crisis and to be able to relay important information to the responding law enforcement officer s. The call is invaluable for later criminal justice intervention because it contains information as to who was doing what to whom and the impact of the violence on the victim and children. Many law enforcement agencies have developed and implemented protocols and policies for responding to domestic violence.
As crisis responders, both victim sensitivity and caution are vital to the safety and security of all involved. In addition, responding officers can provide a valuable service to victims of domestic violence by offering them information and referrals to assistance and support from victim service providers. A law enforcement protocol for responding to domestic violence can include the following objectives:. The officer will be the witness who provides both the eyes-at-the-scene report for the jury and an impartial--and thus, credible--description of what occurred.
This person is the "make-it-or-break-it" witness. The officer's testimony, coupled with an explanation of why the victim acts as she does, is generally all that is needed for successful prosecution. The police report is the crux of the prosecution and must be thorough, accurate, and nonjudgmental. The following items are needed in the police report for successful prosecution with a reluctant witness:.
What parties are present? If certain parties are not present, where are they? Document your effort to locate missing party ies and how they responded if located. Record describe the emotional state of the victim and suspect. This information is needed to establish the foundation for testimony. Determine injury to victim; injury to suspect. Obtain nonconsent statement from victim, if appropriate, i. In some states nonconsent is an element of crime. Describe the scene, especially where parties say the incident occurred. Does the injury match the story? Is anything disturbed?
Are there any signs of force? Who are their relatives and friends? State if children are present or not present and witnesses or involved. Also, describe the involvement of children. Take pictures of the victim and suspect. Repeat photos of injuries several times later. Collect evidence.
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Torn clothing? Blood stains? Any items used to defend or injure? Note how the parties interact. For example: the suspect's treatment of the victim; who answers questions; description of language and behavior directed at the victim by the suspect; victim's eye contact or continual "checking in" with the suspect. Record witnesses' names, addresses, telephone numbers, workplaces, relationship, and the same information for family and friends. Note how the responding officer can reach the victim during the next twenty-four hours: name, address, workplace, family contact name and telephone number, and the telephone number of a person who knows how to reach the victim.
Take notes for narrative: victim statement; suspect statement; witness and child's statement; probable cause for arrested party; description of injuries to both parties; possibility of self-defense; any history of abuse; presence of risk factors. Determine if statements of incident match the physical evidence and injuries. If not, how do they differ? Are there self defense wounds such as bite marks, scratches, marks on suspect's knuckles or hands? Many prosecutors have victim support programs within their agencies or rely upon services available from community-based victim service organizations.
Services for victims of domestic violence may include the following:. The safety of the victim and any children must be paramount in any decisions made concerning pretrial release. Victim service providers should provide the prosecutor with the following information and advocate for these measures to help ensure victim security:. Safety measures to suggest to the prosecutor, dependent on the victim's situation:.
In some jurisdictions, postcharge diversion programs are used to suspend case processing while the abuser undergoes batterers' treatment. Victim service providers must be aware of these programs and able to explain them to victims, including program guidelines; treatment modalities; and whether or not the defendant will be prosecuted upon "successful" completion of the program as well as what could happen if he does not complete it.
When prosecuting domestic violence cases, all members of the criminal justice system need to proceed with two goals in mind at all times: provide safety for the victim and hold the abuser accountable for his behavior. The victim will make decisions about what she believes best protects her and her children. Her decisions may appear to conflict with the desires of one or more members of the criminal justice system. Victim advocates should anticipate this tension and be prepared to explain why it exists.
Prosecutors play a key role in holding domestic violence offenders accountable and in assisting victims and witnesses in such cases. In , the National Council of Juvenile and Family Court Judges published two recommendations for prosecutors relevant to domestic violence:. These recommendations serve to place responsibility for prosecuting batterers on the criminal justice system rather than on the victim; to provide specialized services for victims and witnesses; and to expedite criminal justice processes in domestic violence cases.
They are a reminder of the separate roles of each member of the legal system. Many prosecutors' offices today offer specialized units for domestic violence cases and victims, with personnel trained in the dynamics of domestic violence, legal issues specific to such cases, and victim sensitivity. Furthermore, vertical prosecution units include prosecutors whose caseloads contain solely domestic violence cases.
Prosecutors are encouraged to adopt some version of a "no drop" policy in which cases proceed whether or not the prosecutor is dealing with a reluctant victim. They should avoid referring to the victim as being "noncooperative;" she is cooperative: she is making choices to do what she believes best enhances her safety and the safety of her children.
Prosecutors should expect to deal with victims who do not wish to testify for a variety of factors, among them fear of retaliation. Cases can and are easily won with a reluctant witness by preparing the case from the beginning as if it is a homicide case. This is done as follows:. In some cases, the victim does not show up even with the issuance of a subpoena. The prosecutor needs to decide how crucial the victim's testimony is to determine whether the prosecutor will send an officer out to bring the victim in for the trial.
Generally, if the prosecutor has prepared the case well and has the testimony of a police officer regarding the incident, the case can go forward without the victim's presence. It is absolutely contrary to the goals of the criminal justice system to prosecute a victim for failure to respond to a subpoena.
This action gives the victim the message that if she calls for help, she will be punished. It also gives the abuser another tool for manipulation by reminding the victim that the criminal justice system will not take her fears seriously if she calls for help. This defeats the purpose of prosecution in these cases and further endangers the victim's safety while contributing to the abuser's belief system that she is the problem.
Throughout the trial, the prosecutor needs to do a lethality assessment to make choices relevant to major decisions such as whether to subpoena the victim to appear; whether to set no contact conditions; and whether to provide enhanced safety measures. The prosecutor also needs to present this information to the judge and the jury so they understand the severity of the abuse and the likelihood of its continuation. While all batterers are dangerous, some are more likely to kill than others are, and some are more likely to kill at specific times.
Assessment is difficult and never foolproof. The following checklist adapted from "Beyond the Duty to Warn," written by Barbara Hart provides a list of issues to be explored with the victim to assess lethality. The presence of any of the following factors does not mean the batterer will kill; however, the greater number of these indicators demonstrated by the batterer or the greater the intensity of the indicators, the greater the likelihood of a life-threatening attack. When assessing lethality, it is important to gather information about these indicators from the batterer and the battered victim separately.
Further, information obtained from the victim is significantly more reliable than that from the batterer. Finally, lethality is to be assessed for the victim, family members and those who assist the victim. Threats of homicide or suicide. Fantasies of homicide or suicide. A batterer who has previously acted out part of a homicide or suicide fantasy may believe killing is a viable "solution" to his "problems. When a batterer possesses weapons and has used them or threatened to use them in the past, access to weapons increases the potential for lethal assault.
The use of guns is a strong indicator of homicide potential. If the batterer has a history of arson, fire should be considered a lethal weapon. If a batterer is acutely depressed and sees little hope for moving beyond the depression, the batterer may be a candidate for suicide or homicide. Alcohol or other drug consumption. Consumption of alcohol or other drugs when in a state of despair or fury can escalate violence.
Obsessiveness about partner or family member, also exhibited as "ownership" of the battered partner. A batterer who obsesses about his or her partner, indicating an unwillingness or inability to live without the partner, likely believes he or she is entitled to the partner no-matter-what.
Statements such as "death before divorce," or "you belong to me and no one else can ever have you," are an indication that the batterer believes his or her partner has no right to a life separate from the batterer. A batterer who believes in entitlement to his partner, including the partner's services, loyalty, and obedience, is likely to be life threatening. Centrality of the partner. A batterer who either idolizes or depends on his partner to organize and sustain his life, or who isolates himself from the community, may find the loss of his partner represents the loss of hope for the future.
If the batterer's partner tries to leave or end the relationship, the batterer may retaliate against the partner, rationalizing that the partner's "betrayal" justifies a lethal reaction. The prosecutor should become familiar with what, if any, support system the batterer has created for himself aside from the victim. Pet abuse. If a batterer assaults or mutilates pets, he is more likely to kill a partner.
Rigid beliefs about partner roles. A batterer who has rigid beliefs about the roles to be assumed by himself and his partner may be more likely to seriously harm or kill the partner. For example, a batterer whose religious beliefs say the man is to be in charge may feel sanctioned to engage in violence. Repeated outreach to law enforcement. Partner homicide almost always occurs in the context of a history of violence.
If law enforcement is called repeatedly, this pattern may indicate that the batterer is not internally motivated to change his or her behavior. Prior calls to law enforcement likely indicate an elevated risk of life-threatening conduct. Separation violence. The most life-endangering rage usually occurs when the batterer believes his partner intends to leave, and the batterer does not desire a life alone. Escalation of batterer personal risk. When a batterer begins to act without regard to the legal or social consequences that previously constrained his or her violence, chances of lethal assault increase.
One example of this could be the closeted gay or lesbian batterer who is now risking exposure by engaging in severe, life-threatening attacks. Risking the loss of invisibility may be an indication that the batterer is very desperate. A hostage-taker is at high risk of committing homicide. Between 75 to 90 percent of all hostage-takings in the United States are related to domestic violence situations. Access to the partner or the partner's family members.
If the batterer cannot find his partner, he cannot kill the partner. If the batterer does not have unsupervised access to the children, the batterer cannot use the children as a means to have contact with his partner. More and more courts today are giving priority to domestic violence cases. In some jurisdictions, all domestic violence cases are heard on the same day, with the same judge, prosecutor, and victim advocate present throughout all proceedings.
This use of vertical prosecution units also expedites handling of domestic violence cases. To reduce the potential for further violence, domestic violence cases should be given priority on court dockets. The judge has the greatest, if not total, influence over the docketing calendar. The judge has an enormous opportunity to contribute to victim safety and hold the batterer accountable by making appropriate decisions regarding whether to allow pretrial release, and if so, what conditions to place on the abuser.
During the course of the trial, the judge sets the tone for questioning in the courtroom. At the time of sentencing, the judge has an excellent opportunity to provide victim safety and to hold the abuser accountable through the use of sentencing options. These options begin with the judge requesting the following information from the prosecutor:. Batterers Intervention Programs. Generally, there are six basic principles upon which successful intervention and treatment programs for batterers are based:. Seven common mainstream procedures for batterers intervention programs were identified by the National Institute of Justice:.
First contact with batterer referred by the criminal justice system. Client agrees with terms of the program and is assessed for dangerousness, extent of abuse, substance abuse, mental illness, illiteracy, or other obstacles to treatment. Victim contact. Victims may be notified about the batterer's status in the program, of any imminent danger, and victim services. An initial phase of group intervention that may be more didactic than later meetings. Group treatment. A setting for a specific educational curriculum or less structured discussions about relationships, anger-management skills, or group psychotherapy.
Leaving the program. Batterers may complete the program, be terminated for noncompliance, or be asked to repeat the program. May consist of informal self-help groups of program graduates or less frequent group treatments Healey, Smith, and O'Sullivan There are a number of significant barriers to effective batterers treatment programs, most notably the overall lack of enough programs to meet the needs of convicted domestic violence perpetrators in the United States.
Other factors that adversely affect the success of batterer treatment are as follows:. Victims of domestic violence should have specific rights relevant to disposition, which include the following:. While orders of protection can be issued at any time, it is helpful for victims to seek restraining orders as soon as possible after a domestic violence crime has occurred.
Each jurisdiction has different policies and procedures for issuing and monitoring orders of protection. To best assist victims, service providers should be aware of the following considerations to maximize community response to domestic violence:. The Effects of Domestic Violence on Children. It is significant that seven out of ten persons who enter domestic violence shelters are children.
In , the Centers for Disease Control published a study that indicated violence against mothers by their intimate partners may also pose a concurrent risk of abuse to the victim's children. Conversely, mothers of abused children are at a higher risk of being abused than mothers of nonabused children. Concurrence of child abuse is defined as the proportion of families in the population or research sample in which women and their children are victims of abuse by an intimate. In the mother's case, the intimate is her partner; the child may be abused by either the mother's intimate or by the battered mother.
A continuing controversy regarding the prevalence of this type of abuse exists, but most authorities describe the concurrence rate as approximately 50 percent McKibben, DeVos and Newberger ; Ross Children are often incorporated into patterns of abuse. Batterers may also do the following:. The ramifications of family violence have almost no boundaries. In addition to the obvious physical injuries and deaths that result, family violence is often cited in research and clinical case studies as contributing to numerous other individual, family, and societal problems:. Young children may try to stop the violence, thus putting themselves at risk for unintended harm or may respond with immobilized shocked staring, running away and hiding, or bed wetting and nightmares.
Developing a Coordinated Response to Domestic Violence. Victim advocates, criminal justice professionals, social service providers, and allied professionals cannot operate in a vacuum when it comes to providing quality services to victims of domestic violence. There are many professionals who have responsibilities to domestic violence victims. In a lecture to the American Probation and Parole Association's Annual Institute in Phoenix, Arizona, in , national domestic violence researcher and advocate Sarah Buel identified the following key components of a model domestic violence response by the community:.
Many communities, counties, and states have formed Domestic Violence Coordinating Councils to address prevention, early interventions, victim assistance, and coordinated responses from the criminal justice system and community in responding to domestic violence. Such Councils serve a variety of purposes:.
The Federal Domestic Violence Laws and the. Enforcement of Those Laws. The following section is excerpted from an article written by Margaret S. Attorneys, U. Department of Justice, April In , the Congress of the United States, as part of the Crime Bill, enacted legislation empowering the federal government to participate in the fight against domestic violence. The Violence Against Women Act "VAWA" recognized that "violence against women is a crime with far-reaching, harmful consequences for families, children and society.
Consistent with this federal initiative, the Crime Bill also amended the Gun Control Act to include domestic violence related crimes. This [section] provides a concise summary of the federal statutes in both VAWA and the Gun Control Act that allow prosecution of domestic violence offenders in the federal courts and provides a summary of selected prosecutions under each statute and a checklist of offenses.
Interstate Travel to Commit Domestic Violence. It is a federal crime for a person to travel interstate or leave or enter Indian country with the intent to injure, harass, or intimidate that person's intimate partner when in the course of or as a result of such travel the defendant intentionally commits a violent crime and thereby causes bodily injury. The law requires specific intent to commit domestic violence at the time of interstate travel. The term "intimate partner" includes a spouse, a former spouse, a past or present cohabitant as long as the parties cohabitated as spouses , and parents of a child in common.
The intimate partner definition does not include a girlfriend or boyfriend with whom the defendant has not resided unless protected by state law. There must be bodily injury for prosecution under this statute. It is a federal crime to cause an intimate partner to cross state lines or leave or enter Indian country by force, coercion, duress, or fraud during which or as a result of which, there is bodily harm to the victim.
This subsection does not require a showing of specific intent to cause the spouse or intimate partner to travel interstate. It does, however, require proof that the interstate travel resulted from force, coercion, duress, or fraud. As in subsection a 1 , the defendant must intentionally commit a crime of violence during the course of or as a result of the travel and there must be bodily injury to the spouse or intimate partner.
Interstate Stalking. As of September 23, , it is a federal crime to cross a state line with the intent to injure or harass another person, if in the course of or as a result of such travel, the defendant places such person in reasonable fear of the death of, or serious bodily injury to, that person or a member of that person's immediate family. The law requires specific intent to violate this subsection at the time of interstate travel.
It is also a federal crime to "stalk," as it is defined in Section A, within the special or maritime jurisdiction of the United States.
Interstate Travel to Violate an Order of Protection. This law prohibits interstate travel or travel into and out of Indian country with intent to violate a valid protection order that forbids credible threats of violence, repeated harassment, or bodily injury. To establish a violation of this statute, the Government must demonstrate that a person had the specific intent to violate the protection order at the time of interstate travel and that a violation actually occurred.
This statute does not require an intimate partner relationship--although this relationship may be required by the state or other governmental body issuing the order--nor does it require bodily injury. It is a federal crime to cause a spouse or intimate partner to cross state lines or leave or enter Indian country by force, coercion, duress, or fraud during which or as a result of which, there is bodily harm to the victim in violation of a valid order of protection.
The Government must also prove that a person intentionally injured an intimate partner in violation of a protection order during the course of or as a result of the forced or coercive travel. This subsection, unlike corollary Section a 1 , requires an intimate relationship between the parties.
The U. The national data center from which law enforcement and prosecutors now can verify instantaneously protection orders will be of enormous benefit to federal authorities in the prosecution of criminal cases under Section However, because participation in the protection order registry is voluntary and not all states are participating, it will be necessary to consult with the United States Attorney in the appropriate district for guidance in these cases.
To assist in prosecution under Section , it is necessary to examine the protection order currently used in one's jurisdiction. Penalties for violations of Sections , A and hinge on the extent of the bodily injury to the victim. Terms of imprisonment range from five years for bodily injury to life if the crime of violence results in the victim's death.
It is illegal for a person to possess a firearm while subject to a court order restraining such person from harassing, stalking, or threatening an intimate partner or the child of an intimate partner. The protection order must have been issued following an evidentiary hearing as to which the defendant had notice and an opportunity to appear. The protection order must also include a specific finding that the defendant represents a credible threat to the physical safety of the victim or must include an explicit prohibition against the use of force that would reasonably be expected to cause injury.
It is also illegal to transfer a firearm to a person subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner or the child of an intimate partner. A violation of Section d 8 must be knowing. Proof concerning knowledge on the part of the supplier may be difficult to establish without a fully operational central registry for protection orders.
Official Use Exemption. The restrictions of Sections d 8 and g 8 do not apply to firearms issued by governmental agencies to a law enforcement officer or military personnel so long as the officer or military personnel is on duty. Personal firearms do not fall within this exemption nor may these personnel possess officially issued firearms when off duty. As of September 30, , it is illegal to possess a firearm after conviction of a misdemeanor crime of domestic violence. This prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date.
It is also illegal to transfer a firearm to a person convicted of a misdemeanor crime of domestic violence. A violation of Section d 9 must be knowing. The official use exemption does not apply to Sections d 9 and g 9. This means that law enforcement officers or military personnel who have been convicted of a qualifying domestic violence misdemeanor will not be able to possess or receive firearms for any purpose, including the performance of official duties.
The maximum term of imprisonment for a violation of Sections d 8 , g 8 , d 9 , or g 9 , is ten years. Full Faith and Credit to Orders of Protection. This civil law provides that a civil or criminal domestic protection order issued by a court in one state or Indian tribe shall be accorded full faith and credit by the court of another state or tribe, and is to be enforced as if it were the order of the court of the second state or tribe.
This law applies to permanent, temporary, and ex parte protection orders that comply with the statute's requirements. To comply, the protection order must have provided the defendant with reasonable notice and an opportunity to be heard, in a manner consistent with due process. This law does not apply to mutual protection orders if a the original respondent did not file a cross or counter petition seeking a protective order or b if such a cross or counter petition was filed, but the court did not make specific findings that each party was entitled to such an order.
Amendment of the Brady Statement. The Brady statement requirements were amended as of September 30, , to include a statement that the recipient of the firearm has not been convicted in any court of a misdemeanor crime of domestic violence. Right of Victim to Speak at Bail Hearing. The victim of a VAWA crime has the right to be heard at a bail hearing with regard to the danger posed by the defendant. In addition, depending upon the circumstances of the case, the United States Attorney's Office may move for pre-trial detention of the defendant. Other Victims' Rights. All federal crime victims, including a domestic violence victim, have the right to:.
In a VAWA case, the Court must order restitution after conviction to reimburse the victim for the full amount of losses. VAWA specifically provides that battered and abused spouses and children of citizens and lawful permanent residents may self-petition for independent legal residency. The federal domestic violence statutes provide powerful weapons for United States Attorney's Offices around the country to assist state and local law enforcement in their fight against domestic violence.
Increased awareness of these federal laws will allow the U. Department of Justice to work in a collaborative manner with state and local counterparts in an effort to reduce one of the nation's most serious crime problems. A checklist of federal domestic violence statutes can be found in Appendix C at the end of the chapter. State Domestic Violence Laws. Hilton Foundation, provides assistance to states in drafting, enacting, or implementing domestic violence laws. Its Family Violence Legislative Update highlights key domestic violence public policy initiatives:. Promising Practices. In a paper delivered at the National Conference on Family Violence: Health and Justice in , Judge Page's description of the advantages of a unified family court was offered:.
The primary advantage claimed for a family court system is the unification of all complaints, petitions, and case types within one case processing and management system in order to provide a more efficient, less costly and damaging, consistent and longer lasting resolution of the problems presented. By directing that all complaints or petitions must be resolved in one unified court, the opportunities for inconsistency and errors based upon inaccurate or incomplete information are greatly reduced Myers , 3.
Model police protocols for arrest policies and procedures. Model training programs for police and other criminal justice personnel. Guidelines for enforcement of out-of-state civil protection orders under the constitutional full faith and credit clause. Interagency agreements and plans among county agencies to enforce domestic violence laws. Batterer intervention program operational manuals. Informational pamphlets for victims of domestic violence. Physician guides for recognizing and treating domestic violence as a health problem.
This may include obtaining civil protection orders, pursuing contempt charges, seeking child support or custody orders, and handling housing or public benefit cases. The clinic teaches students to consider the unique social and economic obstacles confronted by battered women and to work on law reform efforts to overcome these barriers.
Students have conducted workshops in local shelters and for victim services agencies and citizen groups. The Protective Order Project also acts as a resource center for victims and service providers in the community. Law students address the dynamics of domestic violence, the civil and criminal remedies available, and dating violence myths. High school students respond to the substance and format of these workshops, viewing law students as both peer role model and an accurate source of legal information ABA Domestic Violence Self-Examination.
What are the two characteristics that are significantly and consistently correlated with batterers? Describe three of the responsibilities involved in advocating for victims of domestic violence. Describe a promising practice in domestic violence prevention or intervention either one that was highlighted in this chapter, or one that exists in your community. Chapter 9 References. When Will They Ever Learn? Chicago, IL: Author. Arias, I.
Samios, and K. Bachman, R. Washington, DC: U. Barnett, O. Bernard, M. Breslin, F. Riggs, K. O'Leary, and I. Buel, S. Department of Justice. June March Burt, M. Newmark, L. Jacobs, and A. July April Atlanta, GA: Author. Denver, CO: Author. Frieze, I. Ohlin and M. Tonry, eds. Hart, B. Yllo and M. Bograd, Feminist Perspectives on Wive Abuse. Newbury Park, CA: Sage. Healey, K. Smith, and C. Hotaling, G. Kilpatrick, D. Edmunds, and A. Rape in America: A Report to the Nation. Klein, A. Quincy, MA: Quincy Court. Kurz, D. McKibben, L. DeVos, and E. McLeer, S.
Myers, J. A Community Checklist. Department of Justice and U. Department of Health and Human Services. Family Violence: An Overview. Family Violence: Legislative Update. Reno, NV: Author. Charleston, SC: Author. Page, R. Advantages of a Unified Family Court. Pan, H. Neidig, H. O'Leary, Randall, T. Rennison, C. May Intimate Partner Violence. Department of Justice, Bureau of Justice Statistics.
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