Domestic Violence

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Information about Domestic Violence

Published on February 4, 2008

Author: Matild


Domestic Violence :  Domestic Violence Jodie Bacon Domestic Violence Victim Advocate Winooski Police Department 802-655-0221 Domestic Violence Continuum:  Domestic Violence Continuum A victim could be any where on the continuum Cycle of Violence:  Cycle of Violence Cycle of Violence:  Cycle of Violence Tension-Walking on eggshells Explosion-Incident of abuse Honeymoon-Love, hope Hook-Abuser apologies but blames the victim Why the Victim Does not Leave:  Why the Victim Does not Leave Financial Children Fear She loves him Blames herself Embarrassed She’s tried before Immigration Issues Disabilities She’s isolated Religious Beliefs Being Outed No Guarantee Promises Some Characteristics of Abusers:  Some Characteristics of Abusers Personality Background Abusers often suffer from low self-esteem, and insecurity. They feel a need to be in control, and display this characteristic through periods of violence alternating with periods of “affection” and “compassion”. Abusers frequently present themselves to the outside world as “gentlemen”. This façade often makes it difficult for others to recognize the controlling tactics used by the abuser. Abusers frequently lack the capacity for delayed gratification, and are “NOW” oriented. “I want what I want, now!” This evidences their “self-centeredness.” Characteristics Continued:  Characteristics Continued Personality Background (continued) Formalized guilt and remorse are not generally found in abusers. They often present with a pseudo-remorse stage that immediately follows their abusive actions, or persists as long as there is an ongoing legal issue. This is generally an abusers attempt at a “quick-fix” for the immediate problem. A lack of empathy for their actions against the victim is another common characteristic of abusers. If empathy is present, it is generally superficial and demonstrated as a means of reducing responsibility for their actions. Characteristics Continued:  Characteristics Continued Selective Abuse Abusers often “select” the type of abuse that will best suit their needs for a given situation. The type and intensity of abuse is “variable” depending on whether or not the abusers “needs” are being “met.” Full Faith and Credit:  Full Faith and Credit § 5138. Enforcement.   (a)  Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order as defined in 15 V.S.A. § 1101 shall be accorded full faith and credit throughout this state and shall be enforced as if it were an order of this state. Law enforcement officers may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order. Enforcement may include, but is not limited to, making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.  (b)  In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as a criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the state's attorney in district or superior court in the unit or county in which the violation occurred. Slide11:  The maximum penalty which may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a protection order after such initial adjudication.  Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.—————————— Why victims do not report abuse:  Why victims do not report abuse Retaliation Fear of being judged Fear of not being believed Does not want to see abuser punished Embarrassment Financial concerns Victim does not have time alone from abuser Separation Violence :  Separation Violence The most dangerous time in a relationship is when the victim tries to leave. The abuser has to work harder in order to know where the victim is, who she is with, and what she is doing. In order to gain back control, the batterer will begin to survey the victim and harass her. Most domestic homicides occur during the separation period. Harassing Phone Calls:  Harassing Phone Calls Slide15:  Contacting persons accused of DC by phone may escalate the situation by sending a message: “If the officer could have arrested me then they would have” Accused feels that victim is now trying to humiliate him/her and needs to strike back Stalking:  Stalking Stalking- Repeated harassing or threatening behavior putting another person in fear. Behaviors of Stalking: Surveillance, unwanted calls etc., animal abuse, damage to property, reporting victim for crimes, inappropriate approaches and confrontations, appearing at work or residence, assault, threats. Technology:  Technology Some examples are: GPS devices, hidden cameras, computer spy ware, and listening devices. Bluetooth technology is being used by stalkers to spoof or hijack a victim’s cell phone. Stalkers use technology to make it appear that the victim has been calling or texting them when it is the other way around. Stalkers use cell phones to stalk and harass their victims by locating victims, through GPS, and as a listening device. Victim Rights:  Victim Rights Right to choice Right to be informed Right to return of property Right to safety Right to notification Right to be heard (testimony) Right to compensation Right to receive victim assistance Victim Notification Sheet:  Victim Notification Sheet Statue: 13 V.S.A. Chapter 165 § 5305 § 5305. Information concerning release from confinement (a) Victims, other than victims of acts of delinquency, and affected persons shall have the right to request notification by the agency having custody of the defendant before the defendant is released, including a release on bail or conditions of release, furlough or other community program, or whenever the defendant escapes, is recaptured, dies, or receives a pardon or commutation of sentence. Notice shall be given to the victim or affected person as expeditiously as possible at the address or telephone number provided to the agency having custody of the defendant by the person requesting notice. Any address or telephone number so provided shall be kept confidential. Slide20:  (b) If the defendant is released on conditions at arraignment, the prosecutor's office shall inform the victim of a listed crime of the conditions of release. (c) If requested by a victim of a listed crime, the department of corrections shall: (1) at least 30 days before a parole board hearing concerning the defendant, inform the victim of the hearing and of the victim's right to testify before the parole board or to submit a written statement for the parole board to consider; and (2) promptly inform the victim of the decision of the parole board, including providing to the victim any conditions attached to the defendant's release on parole. (Added 1985, No. 182 (Adj. Sess.), § 2; amended 1989, No. 290 (Adj. Sess.), § 3; 1995, No. 170 (Adj. Sess.), § 4, eff. Sept. 1, 1996.) Listed Crimes:  Listed Crimes Stalking Aggravated Stalking Domestic Assault 1st Degree Aggravated Domestic Assault 2nd Degree Aggravated Domestic Assault Sexual Assault Aggravated Sexual Assault Lewd or lascivious conduct Lewd or lascivious conduct with a child Murder Aggravated Murder Manslaughter Aggravated Assault Assault and Robbery with a dangerous weapon Arson causing death Assault and Robbery causing bodily injury Maiming Kidnapping Unlawful restraint 2nd degree Unlawful restraint 1st degree Recklessly endangering another person Violation of Abuse Prevention Order Operating Vehicle under the Influence of intoxicating liquor or other substance with either death or serious bodily injury resulting Careless or Negligent Operation resulting in serious bodily injury or death Leaving the Scene of an Accident with serious bodily injury or death Burglary into an occupied dwelling Affected Persons:  Affected Persons Victim Witnesses Jurors Family Members Any other persons who demonstrate to the court that the release or escape of defendant will constitute a threat of physical, emotional or financial injury or death. Resources:  Resources Women Helping Battered Women – 658-3131 office, 652-1996 hotline Victim Notification- 241-2305 Chittenden County State’s Attorneys Office- 863-2865 SafeSpace (LBGTQQ) -863-0003 or toll free 866-869-7341 Women’s Rape Crisis Center -863-1236, 800-489-7273 Resources:  Resources Adult Protective Services- 1-800-564-1612 Chittenden County Probation and Parole- 863-7350 Vermont Department of Corrections Direction of Victim Services- 802-241-2302 Vermont Center for Crime Victim Services- 1-800-750-1213, 1-802-241-1250

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