Domestic Violence: Is There a Risk of Death?
Domestic Homicide: Understanding the RisksDomestic homicides, or murder by an intimate partner, represent 17% of all solved homicides in Canada and 47% of all family homicides.[1] In Ontario, there have been 230 domestic homicides between 2002 and 2007.[2] The Domestic Violence Death Review Committee (DVDRC) began in 2003 in response to recommendations from two major investigations into the murders of Arlene May and Gillian Hadley. The DVDRC assists the Office of the Chief Coroner with the investigation and review of deaths that involve domestic violence and to make recommendations to prevent deaths in similar circumstances. Domestic homicides have been called the most predictable and preventable of all homicides. According to the DVDRC, most of the domestic homicides reviewed had at least seven well known risk factors.2 Appendix I outlines a complete list of the common risk factors in all the domestic homicide cases that have been reviewed. 2 The committee found that the most common reasons why domestic violence ended in death were:
If you recognize one or more of these warning signs, be aware that the victim may be at risk of being murdered. Never assume that a victim is safe because she is planning to leave a violent relationship or has just left a violent relationship. Although leaving will increase her safety over the long term, the most dangerous time for her is just before she separates, while she is leaving and shortly after she separates. Safety planning is critical during this period. A victim is also at risk if the abuser suspects that she wants to leave, even if the victim has given the abuser no indication that this is her plan. To find out more information or get support, please see www.neighboursfriendsandfamilies.ca. Help is available in many languages. Call the Assaulted Women’s Helpline at 1-866-863-0511/ TTY 1.866.863.7868 (toll free) or call your local women’s shelter. When you have immediate concerns about safety, call the police. Although many domestic homicides are predictable and preventable, many victims of woman abuse do not understand the potential risk posed by their intimate partner. Many times victims can be annoyed or fearful of their partner yet they still do not believe that he will kill them. A study conducted in 12 cities across the United States found that about half of women who were killed or almost killed by an intimate partner did not recognize their risk for death.[4] Some relationships may have many risk factors and others may have only a few, but it is important to pay attention to any potential risk. Separation The DVDRC found that in 81% of the reviewed cases of domestic homicide, the couple was either separated or in the process of separating. This shows that victims are most vulnerable and at risk for death when they have left or plan to leave the abuser. But why does leaving an abusive relationship put a victim at greater risk for being killed? The motive for post-separation violence, including death, has been grouped into three categories: 1) retaliation, 2) restoration, and 3) reconciliation. [5] Power & Control: Retaliation, Restoration & Reconciliation For men involved in the dynamics of power and control, they may engage in acts of retaliation against their partner if they feel resentful that she is moving on with a new relationship or as a way to hurt her for leaving. He may also try to restore the power that was taken away from him when she left the relationship. He may also use violence, coercion or threats to the safety of loved ones or pets to try and force reconciliation. See Appendix II for more complete descriptions of retaliation, restoration and reconciliation. How Can I Safely Leave an Abusive Relationship?It seems like a ‘Catch 22’. You know you need to leave to protect yourself but by leaving you put yourself in greater risk of being killed. The answer is you need to LEAVE SAFELY! Here are some guidelines on how to safely leave an abusive relationship: Know your risk It is really important that you understand the possible risks involved with a separation. And that you understand that there is always a risk for death even if you feel that your partner would never resort to murder. If you do not feel that you are at risk from your partner or if you know someone who doesn’t recognize their own risk, contact a local shelter or the police for help with a threat assessment. This is a process that will help you to see how much danger you might be in. Threat assessment tools help victims, social services, police, and other professionals figure out the level of risk for death when a woman abuse is experiencing abuse. The Danger Assessment is a tool that is often used. It was created by Dr. Jacqueline Campbell.[6] This tool includes 15 identified factors involved with victims of domestic violence and her risk for death. The tool is also used with a calendar to help abused women remember all of violent events they have experienced. A research study on the Danger Assessment tool found that a woman scoring an 8 or higher is at very serious risk of being killed and a score of 4 or higher shows a significant risk for being killed.6 You can find a copy of this assessment tool at http://www.safvic.org/resources/documents/DangerAssessment.pdf. It is best to have a professional conduct the assessment; but you can look at the risk factors and see how many you think you may have before you see a trained professional. Don’t let on about your plan or intentions to leave your abuser Women are at higher risk for death when they separate from their abusive partner. But women are also at higher risk if the abuser suspects that the victim wants to separate or if the victim tells him that she intends to separate. The DVDRC found that in 81% of the domestic homicide cases, there was an actual or pending separation between the couple. So it’s really important that victims do not tell the abuser about their plan to leave until after they have been able to separate safely. If the abuser has suspicions and continues to accuse the victim of planning to leave, an immediate safety plan needs to be put in place. Build a support network It is important that you do not make this huge decision on your own. You will need support from people you can trust. You will need to tell people about your plan and ask for help in keeping you and your children safe. Local shelters and counselling services are a good social support to talk about your situation and develop a plan for separating safely. If you do not have access to a shelter or counselling services, talk to your family doctor. If necessary, you can explain your situation to the police and ask them to be present when you move out. During a separation, many women feel all kinds of emotions. It is important that you have a support network to help you understand and cope with these feelings. Have a safety plan It is really important to have a safety plan in place for times when your abusive partner gets violent and you need to escape from the situation. It is also important to have a safety plan for when you separate from your partner. This plan can help to make sure that you and your children are able to leave without the risk of more violence. A safety plan for leaving an abusive relationship should include these factors:
To learn more about creating a safety plan, please see www.neighboursfriendsandfamilies.ca. Help is available in many languages. Call the Assaulted Women’s Helpline at 1-866-863-0511/ TTY 1.866.863.7868 (toll free) or call your local women’s shelter. When you have immediate concerns about safety, call the police. Create safety around the children One of the main reasons for ongoing contact between separated or divorced couples is the children. Abusive men can attempt to regain power and control over their partner or ex-partner by using their children. They can pressure their children for information, use visitations as a way of seeing their partner or ex-partner, threaten or harm their children to get back at her and/or create custody challenges to cause further emotional and financial abuse. If you have children when you separate from your partner, it is important that you obtain a lawyer that is knowledgeable about woman abuse and child custody and access. The lawyer should ask the Judge for a child custody/access agreement that makes sure visitations happen at a neutral meeting place with supervision provided by trained professionals at a certified visitation centre. If you can’t afford a lawyer, you may be able to have one provided for you. Call 1-800-668-8258 (toll-free), or visit www.legalaid.on.ca to find an office near you. Getting a protection order (restraining order or peace bond) If you fear for your safety or the safety of your children, you can get a protection order against the abuser. A protection order outlines certain conditions that the abuser must follow to keep you and your children safe, such as stating that your partner or ex-partner has no direct or indirect contact with you and/or your children. Usually your partner or ex-partner will be told to stay away from the place where you live or work, which includes no phone calls, letters, or messages through relatives or friends. There are two main types of protection orders: a) Restraining Order and b) Peace Bond. What is a restraining order and peace bond?[7][8][9]
How to get a Restraining Order Usually an application for a restraining order is given during a larger court proceeding in Family Court, like child custody or divorce proceedings; but you can apply for just a restraining order. The process of applying for a restraining order may take many months. This needs a formal submission and a hearing where evidence is shown and both people can present their side to the judge. The Judge must believe that your fear is reasonable. S/he will ask for evidence that supports your request for a restraining order. Acceptable evidence would be: 1) a documented account of every time the person has stalked or threatened you; 2) hospital records, pictures, emails, text messages, phone messages; and 3) if this applies, any evidence of his hurting your children. If you are in an extremely urgent and dangerous situation, you can receive an ex parte Restraining Order. The Judge can give the order right away once s/he is convinced that your fear is reasonable. This type of Restraining Order usually lasts between 24 hours to one week during which your partner or ex-partner will be contacted. You and your partner or ex-partner will have to appear in court to state your claim to the Judge. If the Judge believes that there are still serious safety concerns, the ex parte order can be replaced with a regular Restraining Order.
How to get a Peace Bond You can get a Peace Bond by either calling your local police and telling them that you need a Peace Bond or going directly to a Justice of the Peace (JP) at the provincial court. If the JP feels that your concerns are valid, s/he will issue a summons for your partner or ex-partner to appear in court at a certain date. At this court date, you and your partner or ex-partner will make your claims to the JP. You should have evidence that shows your claims like; 1) a documented account of every time the person has stalked or threatened you; 2) hospital records, pictures, emails, text messages, phone messages; 3) if this applies, any evidence of his hurting your children; and 4) a documented account of every time your (ex)partner damaged or threatened to damage your property (take pictures, if possible). If the JP believes that your fear is reasonable, s/he will issue a Peace Bond that can last for one year. Protection Orders can be difficult to enforce for a number of reasons: 1) If police are reluctant to enforce the order 2) If there have been past unreported breaches 3) If there are conflicts with Bail Orders or other Protection Orders 4) If the Order has unclear wording or no enforcement clause Here are some strategies to help enforce these orders: 1) If the police do not provide a good solution for when your partner or ex-partner breaches or breaks the order, talk to the supervisor. Also, you should contact Victim Witness Assistance to discuss what should happen the next time he breaches the order. To find the office nearest you call the Victim Support line at 1-888-579-2888 (toll-free). 2) Have multiple copies of the order and a copy at all places where you think he may breach his conditions (e.g., workplace). 3) Always report and document breaches. 4) Never agree to contact with your partner or ex-partner. Supporting Someone in an Abusive Relationship: Reducing the RiskWhat can neighbours, friends, and family do to reduce risk? When a woman separates from her abusive partner, what can we do to reduce the risk for domestic homicide? 1) Know and understand the risks: Many times people are aware of the abuse that is occurring in a relationship, but they do not understand the risks for death. The 2007 annual report of the DVDRC showed that family members knew of the abuse in 75% of the reviewed cases, friends knew of the abuse in 58% of the reviewed cases, and neighbours knew about the abuse in 20% of the cases. These statistics show that people close to the victim and/or the abuser often know about the abuse but do not understand the risk of death or are uncertain of what to do to keep everyone safe. It is extremely important that you recognize and understand the risk factors that are involved with both the victim and the abuser because once you know the risk; you can create a plan to reduce it. 2) You can never be too careful! As mentioned previously, 50% of women who were killed or almost killed by their intimate partners did not believe that he was capable of committing murder. Many women that leave abusive relationships feel that they can handle the abuser and stop his harassing and stalking behaviour. As a neighbour, friend, or family member, it is important to encourage a woman to seek help and to create a safety plan for her and her children. Although the situation may appear manageable, you can never be too careful! 3) Remove firearms: A woman is at greatest risk for being killed during a separation. This risk can increase if the abuser has access to a firearm. The Domestic Violence Death Review Committee of Ontario indicated that the abuser had access to or possession of a firearm in 40% of the 77 cases reviewed.2 So, if you are aware of an abusive man who is in the process of a separation and has access to a firearm, attempt to have all firearms removed from his residence and restrict access to any other firearms available to him. Go to the police and ask for advice on the situation. 4) Don’t ignore depression: In 58% of the domestic homicide cases reviewed by the DVDRC, the abuser appeared to be depressed.2 Depression has been a common risk factor with many men that kill their partners. Usually the abuser becomes depressed when his partner leaves him and he feels that he is unable to get her back. He may attempt to kill his partner or ex-partner to get back for all the pain that she has caused him. If you know of a man that is either in the process of separating or has separated from his partner and he appears depressed, encourage him to seek counselling or medical assistance. 5) Listen and pay attention to homicidal and/or suicidal thoughts and behaviours: Many times abusive men disclose their intentions or thoughts but are not taken seriously. For example, they may make direct comments like, “I am so mad I could just kill her!” or “I should just kill myself and that will make her sorry!” Some comments might be less obvious but indicate the same intentions, such as “If I can’t have you then nobody can!” or “The world would be better off without me!” Although your first thought might be that this person is not serious and he is just blowing off steam, these statements may be a sign of his true intentions and a warning that something needs to be done. If you are aware that a man who has been abusive is having homicidal or suicidal thoughts and behaviours, it is really important that you tell the police and anyone else who is connected with the couple. You should encourage the man to get professional help but let him know that you will support him. 6) Talk to the abusive man: A study conducted with men attending a male batterer’s program showed that most of these men asked for help with their abusive behaviours. Half of the men felt that family and friends were the best sources of support. This study showed that abusers often do reach out for help to stop their violent behaviours. As a family member or friend, you can talk to the abusive man and offer support and understanding. He may feel out of control and confused, and your support could encourage him to seek help. The Neighbours, Friends, and Families campaign outlines how to talk to abusive men. Please see How to Talk to Men Who Are Abusive for details. To get help for an abusive man you can call the Victim Support Line at 1-888-579-2888 (toll free) or the Assaulted Women’s Helpline 1-866-863-0511 or TTY 1.866.863.7868 to find out about your local partner assault response program. 7) Provide support to the victim: During a separation, a victim of woman abuse will experience many emotions. She may feel fearful, anxious, sad or angry and she will need help to cope with all these emotions. There are several things that need to be done to get ready for a ‘safe separation’. You can help her create a safety plan and build her helping network. You can read about other ways to support a victim of woman abuse at Helping and Identifying Women at Risk of Abuse. Recognizing Domestic Violence at WorkWoman abuse is not just in the home but in our workplaces too. One study found that 70% of employed victims of woman abuse say their abusers have harassed them at work.[12] The 2007 report of the Domestic Violence Death Review Committee of Ontario showed that out of the 62 cases reviewed since 2003, 17% had co-workers aware of the abuse that was occurring. 10 Starting June 15, 2010, all employers in Ontario are responsible for protecting workers from domestic violence at work. New amendments to the Occupational Health & Safety Act say that if an employer is aware, or ought to be aware, that domestic violence is likely to expose a worker to physical injury in the workplace, the employer must take every reasonable precaution to protect the worker. Attempts by abusers to interfere with employment 12 Actions taken before work
Actions taken during work
Actions taken after work
Preventing Homicide at WorkLori Dupont was a nurse at Hotel Dieu Hospital in Windsor, Ontario. She became involved with Marc Daniel, who was a doctor at the same hospital. The relationship seemed troubled almost from the start. Marc showed a pattern of possessive and controlling behaviour throughout the relationship including threats of suicide and actual suicide attempts. After Lori ended the relationship, Marc harassed, threatened, and stalked her at her home and at the hospital. Marc was told to take leave from work due to mental health concerns. Lori told a number of friends, family and co-workers about the abuse. She tried to get her employer to help and then turned to the justice system through an application for a Peace Bond. Marc was eventually allowed to return to work but was not to be on the same shift as Lori. It seemed that his behaviour did not change because he continued to harass and intimidate Lori. On November 12, 2005, Marc Daniel killed Lori Dupont while working the same shift at the hospital, just nine months after she told him that the relationship was over. Later that same day, Marc Daniel killed himself. 10 Sadly, there were many people who saw what was happening but didn’t know what to do. There were many opportunities for someone to help if they had known what to do. She might be alive today if the people she was in contact with had known how to help.
Recognize the abuse Support the victim Know your workplace violence prevention policy Inform your employer Attend training sessions Call the police Helpful ResourcesAssaulted Women’s Helpline, 1-866-863-0511 (toll free), Help is available in many languages. the Victim Services Directory Victim Support Line: 1-888-579-2888 Danger Assessment Website Ministry of the Attorney General John Howard Society of Ontario Ministry of Community Safety and Correctional Services Ontario Family Violence Prevention Fund Ontario Women’s Directorate The Centre for Research and Education on Violence against Women and Children Research on domestic violence, Domestic Violence Death Review Committee & inquest reports Review of domestic violence related deaths with recommendations, awareness & education, assessment & intervention and resourcesNational Domestic Violence Fatality Review Initiative (NDVFRI) Appendix ITable 1 – Common Risk Factors for Domestic Violence Deaths (Source: DVDRC, 2008)
Appendix IIRetaliation Restoration Reconciliation
References[1] Ogrodnick, L. (2008). Family Violence in Canada: A Statistical Profile 2008. Ottawa: Statistics Canada [2] Ontario Domestic Violence Death Review Committee. (2008). Annual report to the Chief Coroner. Toronto, ON: Office of the Chief Coroner. [3] De Becker, G. (1997). The Gift of fear: And other survival signals that protect us from violence. New York (NY): Dell. [4] Campbell, J.C. (2004). Helping women understand their risk in situations of intimate partner violence. Journal of Interpersonal Violence, 19, 1464-1477. [5] Brownridge, D. (2006). Violence against women post-separation. Aggression and Violent Behavior, 11, 514-530. [6]Campbell, J.C., Webster, D., Koziol-McLain, J., Block, C.R., Campbell, D., Curry, M.A., Gary, F., McFarlane, J., Sachs, C., Sharps, P., Ulrich, Y., and Wilt, S.A. (2003). Assessing risk factors for intimate partner homicide. National Institute of Justice Journal, 250, 14-19. Retrieved September 24, 2009 from: http://www.ncjrs.gov/pdffiles1/jr000250e.pdf. [7] Restraining Orders and Peace Bonds. (2008). Niagara Community Information Database: Record Details. Retrieved September 24, 2009 from: http://niagara.cioc.ca/record/NIA2419. [8] Ministry of Public Safety and Solicitor General, Victim Services and Crime Prevention Division. (2007). For your protection: Peace bonds and restraining orders (PSSG08-027). British Columbia; CANADA. Retrieved September 24, 2009 from: http://www.pssg.gov.bc.ca/victim_services/publications/guides/PeaceBondsRestOrdersWEB.pdf. [9] Sexual Assault Support Centre of Waterloo Region. (n.d.) Restraining orders, peace bonds, and terms of release. Retrieved September 24, 2009 from: http://sascwr.org/resources/pdfs/Legal/Restraining%20Orders.%20peace%20bonds.%20terms%20of%20release.pdf. [10] Ontario Domestic Violence Death Review Committee. (2007). Annual report to the Chief Coroner. Toronto, ON: Office of the Chief Coroner. [11] Campbell, M., Neil, J., Jaffe, P.G., and Kelly, T. (2009). Engaging Abusive Men in Seeking Community Intervention: A Critical Research & Practice Priority. Manuscript submitted for publication. [12] Swanberg, J.E., & Logan, T.K. (2005). Domestic violence and employment: A qualitative study. Journal of Occupational Health Psychology, 10(1), 3-17. |
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