• domestic violence

the ohio
domestic violence
benchbook
A Practical Guide to Competence for
Judges & Magistrates
at the Ohio Office of Criminal Justice Services
Coordinating Ohio’s Resources for Safer Families
SECOND
EDITION Bob Taft, Governor
2 0 0 3 Jennette Bradley, Lt. Governor
 About this Benchbook
This Benchbook provides a quick reference to key domestic violence legal issues in
Ohio. The three courtroom contexts where domestic violence is most likely to be at
issue: criminal proceedings, protection order proceedings and parenting proceedings,
are paid particular attention. In addition, applicable federal laws, especially firearms
restrictions are discussed. Supplementing the legal discussion in this Benchbook, the
reader will find general information about the dynamics of domestic violence and best
practice suggestions throughout the text. This supplementary information has been
included primarily to address safety concerns that accompany the legal issues in all
cases involving allegations of domestic violence, and to place each court proceeding
into its larger context.
The reader is also directed to review the endnotes, when further research is desired.
Especially useful to the author in developing the Benchbook is the detailed discussion
of Ohio domestic violence legal issues included in Ohio Domestic Violence Law by Ronald
B. Adrine and Alexandria M. Ruden (West Group 2000). Cross-references to that
significant resource have been included throughout the Benchbook.
Although this Benchbook is intended for use by judges and magistrates, the information
contained should be useful to law enforcement officers, attorneys, court personnel, and
domestic violence service providers.
While this Benchbook is not intended to be an authoritative statement on the legal
solutions to domestic violence, it does report current scientific and legal research.
Furthermore, it represents the best professional judgment of the author and those
collaborating in this project to stop the cycle of domestic violence. Similarly, it is noted
the opinions and conclusions expressed in this publication are those of the author and
do not necessarily reflect the views of the Department of Justice or the State of Ohio,
Office of Criminal Justice Services.
A word about gender references. Domestic violence laws in Ohio are gender-neutral
and legal remedies are equally available to men and women. The laws may be gender
neutral, but the reality of domestic violence is not. By every reliable measure, including
published United States Department of Justice and F.B.I. crime statistics, domestic
violence - violence between intimate partners - is overwhelmingly a crime committed
by men and against women. The language of this Benchbook reflects that reality,
especially where forcing a contrary phrasing would be confusing or dishonest, and is
not meant to diminish the importance of cases where the victim is male or the perpetrator
is female.
 the ohio
domestic violence
benchbook
A Practical Guide to Competence
for Judges & Magistrates
Mike Brigner, J.D.
Family Violence Prevention Center
at the Ohio Office of Criminal Justice Services
www.fvpc.ohio.gov
www.ocjs.ohio.gov
Equal Opportunity Employer
SECOND
EDITION
2 0 0 3 This publication was supported by Award No. 00DG-B01-7239 awarded from the Office of Justice Programs to the State of Ohio, Office of Criminal Justice Services.
 Acknowledgements
The idea for a domestic violence benchbook has been long
considered in Ohio, but resources to make this idea into reality were
hard to come by. I am indebted to Domingo Herraiz for
understanding the importance of domestic violence prevention and
supporting this endeavor through the resources of the Ohio Office of
Criminal Justice. I want to recognize Sharon Reichard and the
Center’s Advisory Council for taking a leadership role to promote
domestic violence prevention awareness and making this project a
priority. I also want to express my gratitude to my colleagues for
collaborating and providing critical input: Melissa Knopp, Staff
Attorney, Supreme Court of Ohio; Alexandria M. Ruden, Staff
Attorney, Legal Aid Society of Cleveland; Leslie Malkin, Magistrate,
Hardin County Court of Common Pleas; Michael Sheils, Chief
Prosecutor, City of Springfield; Karen Frees, Assistant Director for
Community Outreach, Ohio Judicial Conference; Donna Childers,
Legislative Coordinator, Ohio Judicial Conference; and Diana
Ramos-Reardon, OCJS. Similarly, I am thankful to the following
individuals for providing research and writing assistance: Fred
Thomas, Legal Intern, Family Violence Prevention Center; Nancy
Neylon, Executive Director, Ohio Domestic Violence Network;
Eileen Pruett, Coordinator, Dispute Resolution Programs, Supreme
Court of Ohio; and Crevon Terrance, Program Manager, Dispute
Resolution Programs, Supreme Court of Ohio. Appreciation is also
due to the authors of the benchbooks of other states, which
provided invaluable inspiration and resources.
Mike Brigner, J.D.
Dayton, Ohio
 TABLE OF CONTENTS
Professional Competence
Domestic Violence: The What . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .01
Domestic Violence: The Why . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 01
Domestic Violence: The When . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02
Domestic Violence: The Who (Perpetrators) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02
Domestic Violence: The Who (Victims) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04
Domestic Violence: The Who (Children) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06
Domestic Violence: The Who (Community) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06
Domestic Violence: The Who (Judges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07
Domestic Violence: The Who (Attorneys) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .08
Domestic Violence: The How . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09
Domestic Violence: The “Not” How . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Criminal Jurisdiction Courts
Bond and Pretrial Release Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Temporary Protection Order (TPO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Sentencing Considerations for Domestic Violence Crimes . . . . . . . . . . . . . . . . . . . 20
Civil Protection Orders
Comparing CPO with Other Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Definitions, Jurisdiction & Venue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Eligible Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Initial Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Ex Parte Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Full Hearing on CPO Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Duration of CPO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Relief Available to Victims and Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
Consent Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Modification & Renewal of CPO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Enforcement of a CPO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Children and Violence
How Domestic Violence Should Affect Custody Decisions . . . . . . . . . . . . . . . . . . . 41
How Domestic Violence Should Affect Visitation Decisions . . . . . . . . . . . . . . . . . . 44
Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Stalking Protection Orders
Stalking Issues & Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
Criminal Stalking Protection Order (SPO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
Civil Stalking Protection Order (CSPO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
Lethality Factors
Lethality Assessment Tools & Their Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Use of Lethality Factors in Criminal Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Use of Lethality Factors in Civil Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
LETHALITY FACTOR CHECKLIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Weapons
Effects of Federal Firearms Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Deciding Whether to Impose Weapons Restrictions . . . . . . . . . . . . . . . . . . . . . . . . 69
Weapons Issues in Domestic Violence Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70
Evidentiary Issues
Hearsay Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
911 Tapes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74
Prior Bad Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74
Res Judicata . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75
The Child Witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
The Reluctant Victim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Counseling
Statutory Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Court Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Best Practice: Duration of Batterer Intervention Treatment . . . . . . . . . . . . . . . . . . . 84
Best Practice: Inadvisable Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Best Practice: Standards for Batterer Intervention Treatment Programs . . . . . . . . 86
The Lawyer’s Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86
Victim Advocates
Statutory Authority & Procedural Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Best Practice: Court-Based Advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90
Violence Against Women Act
Full Faith and Credit for Protection Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Access to Victim Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Domestic Violence Crimes under VAWA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95
Mediation
Mediation & Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Guidelines for Court Ordered Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Screening Cases for Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Other Guidance for Ohio Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Help
Victim Referral Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
State Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105
National Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Other Benchbooks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
C ourts have an obligation to carry out the legislative
goals to protect the victims of domestic violence.
- The Supreme Court of Ohio, by unanimous opinion, Felton v. Felton (1997), 79 Ohio St.3d 34
 Professional Competence in
Domestic Violence Cases
Unlike crimes of violence involving strangers, domestic violence cases tend to
show up repeatedly on the court’s docket in cases between the same parties, but
with increasing severity of violence. Understanding the What, Why, Who and
When of domestic violence cases,1 as well as How to manage such cases is
essential to competent judicial decisions. A failure to achieve such understanding
can severely damage the lives of the victim, the offender, the children and even
the judge.
Domestic Violence: The What
What is domestic • Behavioral Definition: Judicial understanding starts with
recognizing that the behavioral definition of domestic violence is more
violence? comprehensive than the legal definition: “Domestic violence is a pattern
of assaultive and coercive behaviors, including physical, sexual, and
psychological attacks, as well as economic coercion, that adults or
adolescents use against their intimate partners.” Some aspects of this
pattern which should prove interesting to judges include:2
Domestic violence differs from stranger violence in that it consists of
a variety of behaviors, some criminal and some not, but all of which
indicate a pattern of abusive control.
Domestic violence is not an isolated event, but episodes that interact
in a pattern to control the abused party.
Perpetrators often commit acts that appear aimed at children,
property, or pets, which are used to control or punish the intimate
partner.
Research of heterosexual couples indicates that a woman’s
motivation for using physical force is self-defense, while men use
physical force for power and control.
The consequences of domestic violence are often lethal, with one-
third of all female homicide victims in this country being killed by a
husband or boyfriend.
Domestic Violence: The Why
What causes domestic • It Is Learned Behavior: Domestic violence behaviors are
learned through observation beginning in childhood and later through
violence? reinforcement, including when the legal system fails to hold the
offender accountable. It is repeated because it works. It works to control
the victim through fear and intimidation. Because it is learned behavior, it
can be changed with sufficient motivation such as a strong court holding
the batterer accountable.3
01
 • It Is Not Anger: Domestic violence is not “out of control” behavior.
Violence is directed, together with other tactics such as threats, gifts,
promises, isolation, and financial restraints, to establish control over or
punish victims. That the abuser does not typically choose the same tactics
with bosses, co-workers or friends demonstrates his anger is under
control and “anger management” is a misguided solution.
• It Is Not Substance Abuse: While substance abuse does not
excuse domestic violence, it is relevant because it can increase the lethality
of the violent behavior and must be considered in safety issues for the
victim, children, and community. It is also relevant to treatment: experts
say changing domestic violence behavior is impossible without also
stopping the substance abuse, so concurrent treatment, or in-patient
substance abuse treatment followed by mandatory batterer intervention
treatment, is advisable.
• It Is Not the Victim: Research shows there is no common
psychological profile or demographic characteristic for battered women.
Rich and poor and all races are victims of domestic violence.
Victimization as result of domestic violence is not more likely if the
woman was abused as a child or in a prior relationship Research shows
that no victim behavior could alter the perpetrator’s violent behavior.
Domestic Violence: The When
When is domestic • Separation Violence: The chances of domestic violence escalating
into homicide increase significantly when the perpetrator believes that the
violence most victim is leaving the relationship, due to the potential loss of control over
likely to escalate? the victim. This also happens to be the very same period of time when
judges are most likely to encounter the parties for divorce proceedings,
criminal charges and protection orders. Professionally competent judicial
action to promptly separate the parties, remove weapons, issue protection
orders, put children in a safe setting, provide adequate family support, set
strict conditions of bond, and swiftly enforce any violations, may literally
mean life or death during this high danger period.
• Different Reasons for Killing: “It is important to note that while
these [domestic violence death] statistics include both female and male
victims, the two genders commit spousal murders for very different
reasons. Women primarily kill their partners in self defense or in
retribution for prior acts of violence, while men commonly kill in
response to the woman’s attempt to leave the abusive relationship.”4
Domestic Violence: The Who (Perpetrators)
Who is committing • No Single Profile: Researchers say domestic violence perpetrators fit
into no single personality diagnosis or psychological profile. Only by
the domestic violence hearing evidence and evaluating facts can a judge determine whether
in our communities? violence has occurred and who the perpetrator is. But some information
about common behavior patterns and attitudes is included below to help
the court in its work of fact-finding, decision-making, and determining
the most effective interventions.5
02
• A Gender-Based Crime: Most men do not batter. But most batterers
are men. National crime statistics show that about 95% of spouse-abuse
victims are women. Violence by women against their partners is often
self-defense. And, generally, the frequency and severity of male violence
are far more serious than female aggression. Courts must determine the
primary aggressor in each case and treat domestic violence seriously
regardless of who is at fault.
• From Abusive Homes: Male children brought up in abusive homes
have a high likelihood of battering intimates in their adult relationships.
• Minimize, Deny, Lie, Blame: Some perpetrators minimize and deny
domestic violence, and believe their own denials rather than admit to
themselves that they are abusers. Others lie to avoid the consequences or
blame others — especially the victim — for their own behavior. These
behaviors are similar to ones judges see in substance abusers. Judges
should keep proceedings focused on the alleged perpetrator’s behavior
and not the surrounding circumstances or justifications.
• A Need to Control: Domestic violence abusers have a great need to be
in control, and are experienced in the techniques of control. They tend to
use children as one of the tools for controlling their partners. They believe
what they did was justified. They believe they will not be held accountable
for beating their partners. And they believe they are still in control, even
in the courtroom.
• Justification: Recent research on men who commit intimate partner
violence revealed two consistencies. First, the men saw violence against
women as justified when they felt that they had been disrespected as
men. Second, the men's views of violence were linked to their perceptions
and ideas of manhood and masculinity in general; most of the men
studied believed in a patriarchal household, in which the man is the head
of the house.6
• Jealous and Possessive: Extreme jealousy and possessiveness are
common among domestic violence batterers and are used as reasons for
monitoring, isolating, stalking and other obsessive behaviors.
• Nice Guys: Some perpetrators are witty, charming and intelligent,
which makes it hard for their victims or the courts to believe they
will continue to be violent. It is advisable to focus on the behavior, not on
the personality.
• Serial Batterers: Many researchers have found that batterers tend to
move from one victim to another.7 Even if through the intervention of the
justice system a batterer leaves the current victim alone, the community,
the court system, and other victims are likely to encounter the same
individual again in the absence of successful batterer intervention treatment.
03
 Domestic Violence: The Who (Victims)
• No Profile: The greatest predictor of whether an individual will be
Who is likely to be abused is gender: just being female. Victims of domestic violence do not
the victim of domestic fit into any personality profile and do not differ from non-battered
women until they have been abused. They do not necessarily come from
violence? abusive homes or prior abusive relationships. The sole determinant of
whether they are abused is the perpetrator.8
• Isolation and Denial: Victims have often been severely isolated in
their relationships to the point where they have no family or other outside
support to help them escape. They are told the justice system will do
nothing for them and if their first contact to seek help is an unhelpful
police officer or dismissive judge, they believe it. They may minimize the
abuse, or even deny it, either to avoid retaliation or because they blame
themselves. The fewer the community resources available and the greater
the barriers erected by the justice system to provide help, the more likely
it is for a victim to stay put and reject criminal prosecution of the abuser
or other legal remedies.
• Pregnancy Risk: Cases involving violence to women of child bearing
age or where pregnancy is disclosed merit careful judicial attention. The
leading cause of death among pregnant women is homicide, yet the
public is unaware of this danger. Recent research also reveals pregnant
homicide victims are more likely to have been killed early in the
pregnancy; pregnant homicide victims are more likely to be killed with a
gun, and pregnant teenagers (ages 15-19) were more at risk.9
• Staying May Be the Safest Option: The primary reason given by
victims of domestic violence for staying with their abuser is the realistic
fear of getting hurt or killed. This fear is justified: in 75% of spouse
assaults, the parties are already separated.10
Ironically, then, a community’s pressure that the victim leave the abuser
significantly increases the danger she faces. If a judge understands that
perpetrators abuse because they want to maintain power and control over
their victims, an increase in danger during separation should not be
surprising, because the perpetrator becomes most desperate during this
time. Separation puts both the victim and the community at risk, because
more victims are killed in the process of leaving than at any other time.
Separation violence begins when the abuser first realizes that his victim is
leaving the relationship.11 This realization may be triggered by service of a
divorce complaint or protection order, so special precautions are
advisable, such as temporary suspension of all child visitation until safe
exchange procedures can be put in place. Special police protection for the
victim is also advisable, and some courts facilitate this by faxing
protection orders immediately (sometimes right from the courtroom) to
the interested police agencies.
• Reluctant Witnesses: Most domestic violence victims with sufficient
support and resources follow through with court proceedings. However,
often victims are reluctant to participate in court proceedings for a variety
of reasons, including promises or threats from the perpetrator, financial
pressures, or lack of confidence that the legal system can protect them.
The court needs to recognize that a victim’s reluctance to cooperate may
be survival behavior and not disrespect for the court.
04
• Violence At Work: Knowledge about domestic violence at the
workplace will help judges craft their protection orders, accommodate
victim schedules, and protect their own court staff. About 1.8 million
women experience an assault each year, with about 65 percent of them
being paid workers. Each incident of physical assault costs an average of
between $516 and $2,665 in medical expenses, depending on the severity
of the attack. According to a survey funded by the Centers for Disease
Control and Prevention and the National Institute of Justice, employers
lose an estimated 7.4 million days of productivity a year because women
workers are physically assaulted or being stalked.12
Missing days from work for court appearances as well as medical
treatment is costly. Since Ohio is not one of the four states that require
employers to give victims of domestic abuse time off for such purposes,13
the victim may lose pay each time she leaves to appear in court or meet
with lawyers. Judges should be mindful of the pressure that court
continuances and delays can put on the victim and her employer. Equally
important is the family’s increased need for financial support when abuse
causes medical expenses and lost time from work.
Judges can also use their knowledge of workplace violence to improve
their role as employers of courthouse staff. Like every other employer,
courts may find both abusers and domestic violence victims among their
employees. Experts say all employers should protect the workplace
through such measures as supervisor training to recognize signs of
domestic violence, watching for signs of violence, having a workplace
violence prevention plan, working closely with police, making domestic
violence materials available to employees, including domestic violence in
workplace safety discussions, adopting policies for protecting employees
who are victims of abuse, and disciplining employees who commit
violence. Since workplace safety creates a more productive work
environment, attention to these issues will benefit the court as well as the
court employees.
Employees who are victims of domestic violence requires special
protection measures. Suggested include: changing the victim's telephone
extension, routing all her calls to a receptionist or voicemail, allowing the
employee to change desks or work stations, implementing a system where
co-workers or security personnel escort the victim to her car, allowing an
employee to change her job site or shifts, and encouraging victims to file
orders of protection with security personnel.14 Attention to these safety
procedures can help protect employee-victims, reduce the costs of lost
productivity and employee turnover, protect other employees who might
be injured in violent workplace incidents, and protect the court from
employee litigation.15
• The Myth of False Allegations: “In reality the overwhelming
majority of women who report abuse are telling the truth, and an even
greater number do not report the abuse . . . most abused women do not
disclose victimization, even when reporting such information may be of
vital importance to them . . . [O]f course, it is important to sort through
varying accounts to ensure that no one is falsely accused of violent
behavior. Nevertheless, studies continue to confirm that underreporting of
violence is a much more significant problem than false accusations.”16
05
 Domestic Violence: The Who (Children)
• Teaching Children Violent Ways: Domestic violence is learned
What does professional behavior. Research shows that witnessing violence between one’s parents
competence require that or caretakers is a more consistent predictor of future violence than being
the victim of child abuse. One study found that 82% of abusive husbands
a judge know about the had grown up in violent homes. Domestic violence tends to get passed
children in domestic from one generation to the next; today’s batterers probably learned such
behavior as children in their own homes. Consequently, children raised in
violence cases? violent families who do not receive intervention tend to experience
domestic violence in their adult lives.17
• Look for Child Abuse, Too: Researchers say that in 30% to 50% of
homes where the mother is being abused, the children are being
physically or sexually abused as well.18
• Physical and Emotional Harm: The ways in which children are
harmed in violent homes are numerous: abused to coerce the victim into
submission; injured accidentally during a beating; abducted or used as
custody pawns; interrogated about the victim’s activities; or blamed by
the perpetrator as the reason for the violence.
• Long-Term Effects of Witnessing Domestic Violence:
Children who witness domestic violence often suffer intense fear,
impaired self-esteem, self-blame, anxiety and depression. They are at high
risk for delinquency. As adolescents, they are more likely to commit
sexual assault, more likely to abuse drugs and alcohol, more likely to
commit crimes against others, and more likely to commit suicide.
Domestic Violence: The Who (Community)
• Business Losses: 96% of employed women who suffer abuse report
What does domestic that their work performance is hurt as a result of the family violence.
Estimates of the costs of domestic violence to American businesses range
violence cost the between $3 and $13 billion in lost productivity annually, resulting from
community? absenteeism, increased health care costs, high turnover, and lower
employee productivity. Law enforcement experts say domestic violence is
a leading motive for workplace homicide.19
• Other Economic Losses: The country’s health care costs for battered
women are estimated at $6.5 to $31 billion, not including mental health
costs, increased costs of raising harmed children, the costs of homeless
shelters and foster care facilities.20 A heavy financial hit is also taken by
law enforcement, which spends about one-third of its time responding to
domestic violence calls, and imprisoning domestic violence offenders.21
06
 Domestic Violence: The Who (Judges)
• Professional Competence: Judges and magistrates pride themselves
How does a judicial on the professional competence they demonstrate in the justice system. In
the field of domestic violence, professional competence comes from study.
officer attain It is a brand new topic in American jurisprudence; almost all law, legal
professional writing, and scientific research in this area has developed in the last two
decades. Voluntary personal education can help judges achieve the level
competence in of professional competence to face the life and death decisions domestic
violence cases present.
handling domestic
violence cases? • All Eyes on the Judiciary: Almost every major institution in
American law and society is now on record as recognizing the damage
which domestic violence does to families, communities, and the economy.
Widely noted is the historic failure of the justice system to acknowledge
domestic violence as a serious crime or to recognize the barriers which the
legal system itself places between victims of domestic violence and safety.
All signs point to the crucial role the judiciary must play to correct these
failures.
Best Practice • A Judicial Philosophy: Cleveland Municipal Court Judge Ronald B.
Adrine, a nationally recognized expert in the field, suggests a judicial
philosophy of domestic violence that includes as its goals: (1) A Just
Result, (2) Safety for the Victim, (3) Offender Accountability, and (4)
Elimination of Recidivism. He sees the primary tools available to a judge
as: (1) Self-Education, (2) Consistent Application of Policy, (3) Jail, and (4)
A Coordinated Community Response.
• No Gender Unfairness Results: Aggressive community work
against domestic violence has had surprising results. A comprehensive
study of crime statistics between 1976 (about the time the U.S. be