Domestic Violence
Developed by the Family Law Council,
Domestic Violence Committee
2011
Topics to be covered

Why it’s important to know about domestic violence
Prevalence of domestic violence






Screening and interviewing
Representing victims safely
Remedies and legal relief



Statistics
Definitions
Understanding the parties
Custody and parenting time
PPOs
Community resources
Why you need to learn about domestic
violence(1):
Attorneys:





Domestic violence effects all parts of your case
Your client may not disclose it unless you ask the
right questions.
You can not effectively represent an abused client
unless you understand the effects of domestic
violence has.
You commit malpractice if you fail to take the
appropriate steps to protect your client.
A perpetrator is dangerous to your client, her family
and potentially both attorneys.
Why you need to learn about domestic
violence(2):
Judges:




Failure to understand and appropriately address
domestic violence places victims at risk.
Domestic violence cases can have dramatically
awful and highly publicized outcomes.
Domestic violence cases present conflicting
allegations, and attorneys often handle these cases
poorly. A basic understanding of the dynamics of
domestic violence can help you get to the truth and
take appropriate action.
Domestic violence cases present the greatest
danger of violence in the courthouse.
Why domestic violence is relevant in
child custody disputes:







Abuse does not end with separation
Half of abusers are likely to be child abusers
Children are exposed to abuse and poor role model
Abuse undermines the non-abusive parent
New relationships are likely to be violent
Lengthy litigation as a form of ongoing control and
harassment
Higher risk of stalking and homicides
(Jaffe, P.G. Lemon, N. & Poisson, S.E. (2002) Child Custody Disputes and
Domestic Violence: Clinical and Legal Issues. Sage, Thousand Oaks, CA)
Statistics



In the United States, 1 in every 4 women will
experience domestic violence in her lifetime.
An estimated 1.3 million women are victims of
physical assault by an intimate partner each year.
About one-third of female homicide victims are killed
by an intimate partner. [By contrast, about 3% of
male murder victims were killed by an intimate
partner.]
-National Coalition Against Domestic Violence, http://www.ncadv.org/
Statistics



The cost of intimate partner violence exceeds $5.8
billion each year, $4.1 billion of which is for direct
medical and mental health services.
30% - 60% of perpetrators of intimate partner
violence also abuse children in the household.
On average, children were residents of the
households experiencing intimate partner violence in
38% of the incidents involving female victims.
-National Coalition Against Domestic Violence, http://www.ncadv.org/
-USDOJ, Bureau of Justice Statistics,
http://bjs.ojp.usdoj.gov/content/intimate/ipv.cfm#contents
Domestic Violence can be defined in
several waysThe MI Batterer Intervention Standards:
“Domestic Violence is a pattern of controlling
behaviors, some of which are criminal, that includes
but is not limited to physical assaults sexual
assaults, emotional abuse, isolation, economic
coercion, threats, stalking and intimidation.
These behaviors are used by the perpetrator in an
effort to control the intimate partner. The behavior
may be directed at others with the effect of
controlling the intimate partner.”
http://www.michigan.gov/dhs/0,1607,7-124-5460_7261_18139---,00.html
Statutory definitionMCL 400.1501 Domestic violence means any of the
following acts that is not an act of self-defense:
(i) causing or attempting to cause physical or mental harm
to a family or household member.
(ii) placing a family or household member in fear of
physical or mental harm.
(iii) causing or attempting to cause a family or household
member to engage in involuntary sexual activity by force,
threat of force, or duress
(iv) engaging in activity toward a family or household
member that would cause a reasonable person to feel
terrorized, frightened, intimidated, threatened, harassed or
molested.
“Family or household member” includes:







A spouse or former spouse.
An individual with whom the person resides or has
resided.
An individual with whom the person has or has had a
dating relationship.
An individual with whom the person is or has engaged in
a sexual relationship.
An individual to whom the person is related or was
formerly related by marriage.
An individual with whom the person has a child in
common.
The minor child of an individual described above.
Some common warning signs
Abusers may use some or all of the following tactics:






ABUSE TO THE FAMILY PET
FINANCIAL CONTROL
ISOLATION FROM FAMILY AND FRIENDS
ENTITLEMENT (especially male entitlement)
SUPERIOR ATTITUDE
SUBSTANCE ABUSE (but note that substance
abuse doesn’t cause domestic violence; it may
accompany it)
Warning Signs (cont)







CONTROLLING
POSSESSIVE
SELF CENTERED
INTIMIDATES WHEN ANGRY
DOUBLE STANDARDS
DISRESPECTFUL
SHOW OF GENEROSITY
Warning Signs (cont)




NEGATIVE ATTITUDES ABOUT WOMEN
TREATS PARTNER DIFFERENT AROUND
OTHERS
SARCASM AND RIDICULE
DISTORTS WHAT PARTNER SAYS
Warning Signs (cont)






YELLING/SHOUTING
NAME CALLING, INSULTS AND PUT DOWNS
BODILY INTIMIDATION
THREATS TO LEAVE
JEALOUS AND POSSESSIVE
THREATS TO HURT OR KILL PARTNER, SELF
OR OTHER FAMILY MEMBERS
Identifying Domestic Violence
Understanding the Abuser
Characteristics may include:
 Dependency and jealously
 Psychological and social isolation
 Poor interpersonal skills
 Belief in male entitlement
 -“Jekyll and Hyde” personality
 Refusal to accept responsibility for the violence
Environment for abuse includes:
 Abuser has learned to abuse
 Abuser has the opportunity to abuse
 Abuser has chosen to abuse
Victim Responses
Typical responses to trauma:




Shock, disbelief, fear, withdrawal, confusion
Panic, minimization, denial, rationalization
Posttraumatic Stress Disorder
Depression
Coping strategies:





Drug or alcohol use
Self defense
Remaining in the relationship
Leaving the relationship
Seeking help
“Why Doesn’t She Leave?”
This is the wrong question.

Instead ask, “why is the abuser allowed to continue?”
Barriers to leaving:
 concern for children (also major reason for
leaving)
 Fear of financial loss
 Belief that the children need their father
 Fear she will lose custody
 Fear she and children will be stalked, abused
and/or killed
 Family pressures
Yet, victims do leave.
Attorneys--
Questions to ask your client to
determine if she is a victim of
domestic violence.
Also, see the SCAO Domestic Violence Screening
Protocol for a list of mediator screening questions
available at:
http://courts.michigan.gov/scao/resources/standards/odr/dvprotocol.pdf
Questions Lawyers Should Ask

Are you afraid of your partner?

Has your partner ever hit, slapped, pushed
or hurt you in any way?
Questions Lawyers Should Ask

Has your partner ever forced you to do
something that you did not want to do?

Does your partner own a weapon?
Questions Lawyers Should Ask

Does your partner ever prevent you from
eating or sleeping or otherwise do anything
that may endanger your health?

Do you have or have you ever had a
protection order against your partner?
Questions Lawyers Should Ask

Has your partner ever hurt or killed a family
pet?

Has your partner ever taken your children
without your consent?
Questions Lawyers Should Ask

Does either party have any mental health
needs?

Does either party have a history of drug or
alcohol abuse?
Questions Lawyers Should Ask

Has your partner followed your, left
harassing messages or calls or placed you
under any kind of surveillance?

Is your partner affecting your ability to go to
work or school?
Questions Lawyers Should Ask

Has your partner ever threaten to harm you,
your children or other family members?

Does anything happen in your home that
makes you afraid?
Questions Lawyers Should Ask

Have you sought or are you in need of
medical attention?

Have you reported any violence to any third
party, e.g. police, hospitals, rape crisis
centers, etc.?
Questions Lawyers Should Ask

Do you (and your children) have a safe
place to go?

Are you in need of financial assistance?
What to do if you learn your client
has been a victim of domestic
violence:
Maximizing Client Safety
Tips for Lawyers

Assure client that all communications to
you, including about the violence, will be
confidential.

Discuss with your client how it is safe to
communicate with her and inform your staff.

Review your office security with your staff.
Tips for Lawyers

When you call your client, if questioned by a
family member about who you are, do not
leave a last name, do not indicate you are a
lawyer and do not reveal your purpose for
the call.

Talk to your client in advance about what to
do if she disappears or cannot be located.
Does she want you to contact the police,
family or friends?
Tips for Lawyers

Keep your client’s location out of all court or
public documents and otherwise
confidential.

When calling your client, block your number
from caller i.d. and before you start to talk,
ask if it is safe to talk.
Tips for Lawyers

If you feel your client is in danger, call the
police.

Direct your client to the local domestic
violence agency and other third parties for
needed assistance.
For a Michigan DV resource directory by county,
go to:
http://www.michigan.gov/som/0,1607,7-192-29941_30586_240-2884-,00.html
Consider Confidentiality:




Court rules and statutes generally require disclosure
of child’s address. MCR 3.206, MCL 722.1209
Victim could be in danger if perpetrator learns her
address.
In a PPO, victim may choose to keep her address
confidential. MCL 600.2950(3)
In a custody action, no disclosure to other party if a
party’s or child’s safety would be at risk by
disclosure of identifying information. MCL 722.1209(5)
Personal Protection Order
An order that enjoins specific behavior, including:










Assaulting, assaulting, beating, molesting or wounding a
named individual
Entering onto property
Threatening to kill or injure a named individual
Removing minor children from legal custodian
Purchasing or possessing a firearm
Interfering with efforts to remove children or property
from respondent’s premises
Interfering with petitioner’s employment/education
Access to information regarding petitioner’s address
Stalking
Any other specific act that imposes on personal liberty or
causes reasonable apprehension of violence
Michigan PPO
Three types of orders:

Domestic Relationship PPO


Non-Domestic Stalking PPO



Spouse, former spouse, child in common, residing or have
resided together, dating relationship.
No special relationship required
Must show 2 or more separate incidents of stalking
Sexual Assault PPO



Not required to have a domestic relationship or show 2
stalking incidents.
Must show respondent was convicted of sexual assault, or
Petitioner was threatened with sexual assault.
Michigan PPO
Filing Requirements:







Filed as a separate action
No filing fees charged
Filed in any county in MI regardless of residency
Petitioner may omit address, but provide mailing
address
Forms available through SCAO
Mutual PPOs are prohibited
PPOs are entered into LEIN (law enforcement
information network)
The Court Must Consider…



Testimony
Documents
Or other evidence
Court cannot consider:



Lack of police report
Lack of medical report
Lack of physical injury
Court cannot make the PPO mutual.
The Court SHALL Issue a PPO…



If the court determines that there is reasonable
cause to believe that the individual to be
restrained may commit one or more of the acts
listed.
The Court must rule on request for ex parte PPO
within 24 hours of filing.
If the court refuses to enter the PPO, it must
state reasons in writing and advise petitioner of
right to hearing (unless no merit).
How long does a PPO continue?
Duration:
 Ex parte PPO – valid for not less than 180 days.
 All PPOs – must include an expiration date on
the order.
Effectiveness:
 Effective and enforceable anywhere in MI and
the US when signed by a judge (even before
service).
 But, if respondent hasn’t been served, before
making an arrest law enforcement must give
respondent an opportunity to comply with the
order.
Modifying a PPO
Modification or Termination:


Respondent may file a motion within 14 days
after service unless good cause is shown for
filing after 14 days.
Petitioner may file a motion any time.
Extension:

Petitioner may file ex parte motion to extend
expiration date no later than 3 days before the
order expires.
Enforcement of PPO






Warrantless arrest – after service, respondent may
be immediately arrested if reasonable cause exists
that PPO was violated.
Show cause petition – if no arrest, petitioner may file
a petition for an order to show cause.
Criminal contempt proceeding.
Some due process protections – right to hearing;
right to attorney; proof beyond a reasonable doubt;
but no right to jury.
Penalties – imprisoned for not more than 93 days
and/or fined not more than $500.
May also be charged with separate criminal offense.
PPO and a Custody Order


A PPO takes precedence over existing custody or
parenting time order until the PPO expires or the
custody order is modified to accommodate the
PPO.
If respondent’s custody or parenting time would
be adversely affected by a PPO, the court must
determine whether conditions should be specified
in the PPO to accommodate respondent's rights
or whether safety of petitioner and children would
be compromised by conditions.
MCR 3.706(C)
RESOURCES
Michigan:



Michigan Coalition Against Domestic and Sexual
Violence www.mcadsv.org
Michigan Domestic Violence Prevention and
Treatment Board
http://www.michigan.gov/dhs/0,1607,7-1245460_7261---,00.html
Batter Intervention Services Coalition of Michigan
www.biscmi.org
MORE RESOURCES



Domestic Violence Bench Book
www.courts.michigan.gov/mji/resources/dvbook/dvb
ook.htm
Friend of the Court Domestic Violence Bench Book
www.courts.michigan.gov/mji/resources/focdv/focdv/
focdv.htm
Michigan Judicial Institute
http://courts.michigan.gov/mji/
MORE RESOURCES
National:



American Bar Association, Domestic Violence
Committee http://www.abanet.org/domviol/
National Domestic Violence Hotline
http://www.ndvh.org/
National Stalking Resource Center
http://www.ncvc.org/src/Main.aspx
MORE RESOURCES




National Sexual Violence Resource Center
http://www.nsvrc.org/
National Network to End Domestic Violence
http://www.nnedv.org/
National Council Against Domestic Violence
http://www.ncadv.org/
Lundy Bancroft http://www.lundybancroft.com/



The Batterer as Parent
Why Does He Do That?
When Dad Hurts Mom