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Domestic Violence Interview Guide 12232014

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115 views10 pages

Domestic Violence Interview Guide 12232014

Uploaded by

Micaela Rafal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DOMESTIC VIOLENCE INTERVIEW GUIDE

(Form and Instructions)

© 2013 Battered Women’s Justice Project

This project is supported by Award 2009-TA-AX-K025 from the Office of Violence Against Women,
U.S. Department of Justice. The opinions, findings, conclusions and recommendations expressed
herein are those of the author(s) and do not necessarily reflect the views of the U.S. Department of
Justice.

For questions or additional information, email us at [email protected]

2.27.2013
INSTRUCTIONS FOR DOMESTIC VIOLENCE INTERVIEW GUIDE

Talking about Domestic Violence

This interview guide is designed to help you identify domestic violence and coercive controlling
behaviors in family law cases. It should be used with all adults who are parties, or who play a
parental role in a case, regardless of gender, marital status, sexual orientation, or parenting status.
Screening for domestic violence is often complicated by the fact that victims: (1) may not know
why it might be in the interests of their children or themselves to disclose abuse; (2) may be
unclear or concerned about the ramifications of disclosure; (3) may not trust you with
information about domestic violence, in spite your good intentions; and (4) may not perceive that
their current level of risk warrants disclosure. For these and other reasons, victims are often
reluctant to disclose abuse. Screening for domestic violence, therefore, is not a one-time event,
but should occur periodically over the course of your involvement in the case. Bear in mind that
talking about abuse may be an emotionally difficult experience for the interviewee, as well as for
you. It is important to plan accordingly.

Introduction to the Interviewing Guide

The first column of this guide seeks general information across seven broad topic areas:
(1) personal interactions; (2) access to resources; (3) children and parenting; (4) control of daily
life; (5) emotional abuse; (6) physical abuse; and (7) sexual abuse. Below each broad topic area
are examples of the kinds of things you might ask about in order to help you identify whether
domestic violence is, or may be, present. Research shows that asking behaviorally specific
questions is the most effective method of screening for abuse and coercive control.

Learning about these seven broad topic areas can help you identify important issues in the case.
It can help you assess the relative capacities of the parties to meaningfully participate in
alternative dispute resolution processes. It can help you recognize the kinds of protections that
ought to be put in place to ensure that court proceedings are safe and effective. And, it can help
you and the parties with whom you are working to determine together what the most beneficial
and realistic outcomes might be for themselves and their children.

The second column suggests follow-up areas to explore when any domestic violence issues are
identified or disclosed under column one. These discussion areas will help you gain a deeper
understanding of the nature, context, severity and implications of domestic violence and coercive
controlling behaviors.

The third column contains a checklist of key concepts, behaviors, and dynamics to listen for in
the narrative responses to the questions asked in columns one and two.

Practical Considerations

For safety reasons, care must be taken in determining where, when and how to conduct this
interview. The interview should not be conducted in the presence or proximity of any other party
or interested person unless s/he is an advocate or support person and it is determined that the
© 2012 Battered Women’s Justice Project Page 2
presence of that person will not create any confidentiality problems or threaten any applicable
professional privilege, such as the attorney-client privilege.

Before conducting the interview, you should explain to the interviewee:

(1) That the professional standards that guide your work require that you look into certain
issues in every case, including domestic violence, and that knowing about any history of
domestic violence will help you carry out your functions and fulfill your professional
responsibilities.

(2) What your specific role and function is in relation to the case, including:
□ What you were appointed, hired or referred to do;
□ How you intend to do it;
□ What you will and won’t share with the court, the opposing party, and others; and
□ Whether the information will appear in the record and/or a pleading or report.

(3) The scope and/or limits of confidentiality and your duty to report suspected child abuse
and certain serious crimes.

If a person discloses domestic violence, you should:

(1) Obtain as much information as possible in order to fully understand its implications,
without confining yourself to the topics listed in this guide;

(2) Assess with the person the risks s/he may be facing, including risks of injury, death or
other dangers, especially those arising from disclosing abuse; and

(3) Refer the person to a qualified domestic violence advocate for safety planning assistance
and a more in-depth risk assessment, as appropriate.

Remember that risk from domestic violence is never static, that it is difficult to predict, that it
can fluctuate over time, and that it often escalates once it has been disclosed and/or the parties
separate.

© 2012 Battered Women’s Justice Project Page 3


DOMESTIC VIOLENCE INTERVIEW GUIDE
Adapted from Client Screening to Identify Domestic Violence Victimization, Domestic Abuse Committee of the Family Law Section of the
Minnesota State Bar Association, 2010; Holtzworth-Munroe, Beck & Applegate (2010), Mediator’s Assessment of Safety Issues and Concerns;
and Janet Johnston, et al., IN THE NAME OF THE CHILD (2d ed.), Springer Publishing Co., 2009.

1. Personal Interactions Discussion Areas: What to Listen For:

A. Let’s start by talking 1. Quality of interactions □ Autonomy


about your current a. Ability to express views □ Control
relationship with ______. b. Trust in other’s judgment □ Balance of power
c. Reliance on other’s word □ Fear/danger/safety
d. Cost of disagreement □ Vulnerability
e. Post-separation changes
B. How comfortable are you □ Dependability/predictability
interacting with _____ now? 2. Prior separations □ Dis/honesty/deception
□ Being alone together □ Dis/respect
□ Meeting face-to-face 3. Snapshots □ Manipulation
□ Talking by phone a. Happiest moments
□ Emailing or texting b. Most worrisome moment □ Coercion/intimidation
□ Public encounters c. Scariest moments □ Degradation/humiliation
□ Sabotage
4. Decision-making history □ Surveillance
C. Do you have any
concerns, fears or anxieties 5. Stressors □ Volatility
that I should be aware of? a. Violence □ Jealousy/possessiveness
b. Alcohol/drugs □ Entitlement
c. Physical/mental health
D. What worries you most? d. Criminal activity
e. Poverty

2. Access to Resources Discussion Areas: What to Listen For:

A. I’d like to get a sense of 1. History/detail □ Control/Rulemaking


your economic wellbeing. □ Dependence
□ Isolation
B. Do you have access to 2. Ability to meet basic needs
your own resources, like □ Denial of financial support
money, bank accounts, food, □ Child abuse/neglect
housing, transportation and 3. Ability to meet obligations □ Child dependency
healthcare?
□ Blackmail
C. Who decides how you 4. Recent changes □ Financial sabotage
spend your money and □ Forced criminal activity
manage your financial □ Prostitution/pornography
affairs? □ Theft/drug trafficking

© 2012 Battered Women’s Justice Project Page 4


3. Children/Parenting Discussion Areas: What to Listen For:

A. Let’s talk about your □ Direct physical abuse


children. □ Child sexual abuse
□ Moral corruption
□ Pornography
□ Racism/sexism
□ Criminal activity

B. Do you have any concerns 1. What worries you most? □ Post-separation violence
about your children or fears □ Intimidation/trauma/terror
for their safety? □ Children treated as property
□ Lack of attunement to kids
□ Denial of kids’ feelings
□ Boundary violations

C. How are parenting time 2. Capacity for joint decisions □ Parenting styles
arrangements currently a. Common beliefs/values □ Inconsistent parenting
being worked out? b. Parental involvement □ Erratic role reversals
□ Division of duties c. Trust in parental judgment □ Unstable home environment
□ Parenting skills/capacities d. Support of other parent
□ Parenting concerns/conflicts e. Respect for other parent
□ Children’s adjustment f. Nurture/support of kids
□ Access/exchange issues g. Conflict resolution skills
□ Satisfaction with the plan h. Developmental stage(s)

D. Has _____ ever used or 3. Interference with care □ Minimizing kids’ needs
threatened to use the 4. Undermining authority □ Denying effects of violence
children to manipulate, 5. Threats to: □ Punishing kids being kids
control, or monitor you? a. Take children away □ Criticizing kids being kids
b. Harm children □ Lack of empathy for kids
c. File CPS reports □ Drawing kids into abuse
d. Deport □ Grilling kids for information
e. Evict □ Using kids as weapons

E. How are your children 6. Post-separation changes □ Children acting out


doing now? □ Children using violence
□ Children mimicking abuse
□ Children withdrawn/clingy
□ Age-inappropriate behaviors
□ Torn allegiances/loyalties
□ Changes in school work
□ Changes in social life

© 2012 Battered Women’s Justice Project Page 5


4. Control of Daily Life Discussion Areas: What to Listen For:

A. I’d like to get a sense of 1. Detail □ Micro-management of life


how much freedom you have □ Rulemaking
in your everyday life. □ Demands for obedience
□ To come/go as you please 2. Frequency □ Compliance/resistance
□ To manage your own time □ Monitoring/surveillance
□ To make own decisions
□ To set your own priorities 3. Severity
□ To interact with others □ Disrespect of privacy
Can you talk a little about □ Disregard of boundaries
that? 4. Intent of other’s behavior □ Jealousy/possessiveness
□ Expectations of loyalty

B. Is there anything that gets 5. Meaning of behavior to you


in your way of doing the □ Entitlement/privilege
things you want or need to □ Power/control/omnipotence
do? 6. Effect on:
a. Interactions
C. Has _______ ever: b. Relationships □ Fear/intimidation/dread
□ Followed you c. Communications □ Danger/insecurity
□ Often checked up on you d. Self/children □ Unpredictability/instability
□ Examined your mail/email e. Parenting skills/capacities
□ Examined phone records
□ Hacked into email/accounts □ Stalking
□ Grilled you/timed activities 7. Change: □ Hostage-taking
□ Used others to spy on you a. Over time □ Trafficking
□ Invaded your space/privacy b. Pre/post pregnancy
□ Misused social network sites c. Pre/post separation

D. Has ______ ever


physically restrained you,
forbidden you from leaving,
made you do things you
didn’t want to do, or
punished you for defying
his/her wishes?

E. Has ______ ever shown


up unannounced, contacted
you against your will, or left
something for you to find in
order to scare or intimidate
you?

© 2012 Battered Women’s Justice Project Page 6


5. Sexual Abuse Discussion Questions: What to Listen For:

A. While it is uncomfortable 1. Detail □ Safety/risk/lethality


to talk about these kinds of
things, it’s very important 2. In front of whom? □ Sexual assault/coercion
for me to know if ____ ever □ Children □ Degradation/humiliation
pressured or forced you to □ Family □ Use of pornography
do sexual things that you did □ Friends □ Control/intimidation/terror
not want to do or that made □ Co-workers □ Escalation
you scared, uncomfortable, □ Public □ Jealousy/possessiveness
or ashamed. Has anything □ Nobody – just in private
like that ever happened?
3. Frequency □ Capacity to negotiate
□ Relative bargaining power
4. Severity □ Capacity to co-parent
□ Capacity to communicate
B. Has ____ ever interfered 5. Intent of other’s behavior
with your decisions about
birth control, pregnancy, 6. Meaning of behavior to you □ Danger to children
and/or safe sex? □ Moral corruption of kids
7. Effect on: □ Impact on children
a. Interactions □ Threat of child abuse
b. Relationships □ Trauma/fear/anxiety
C. Has _____ ever used your c. Communications □ Inappropriate boundaries
image, or forced or d. Self/children
pressured you to use your e. Parenting skills/capacity
own image, to engage in □ Primary perpetration
sexting or pornography? 8. Change: □ Offensive/defensive wounds
a. Over time □ Proportionality of force
b. Pre/post pregnancy □ Criminal justice response
c. Pre/post separation □ Protection orders
□ Defiance of authority
D. Is there anything else you 9. Injuries
think I should know about 10. Medical attention □ Response to abuse
______’s sexual behavior 11. Hospital visits □ Fight
towards you? □ Flight
12. Calls for help/to police □ Freeze
13. Arrests
14. Convictions/sanctions
15. Orders for protection
16. Protection order violations

© 2012 Battered Women’s Justice Project Page 7


6. Physical Abuse Discussion Areas: What to Listen For:

A. Let’s turn to your 1. Detail □ Safety/risk of danger


personal safety, both now □ Potential lethality
and in the past. Has ____ 2. In front of whom? □ Recent escalation
ever used or threatened to □ Children □ Fear/dread/doom
use physical force or □ Family
violence against you or the □ Friends □ Control, intimidation
children? □ Co-workers □ Manipulation
□ Public □ Entitlement/privilege/power
□ Hold, pin down, restrain □ Nobody – just in private □ Rulemaking
□ Kneel, stand or sit upon □ Demands for obedience
□ Tie up, bind, gag 3. Frequency □ Compliance/resistance

□ Push, shove, shake, grab 4. Severity □ Humiliation


□ Scratch, pull hair, shave hair □ Autonomy/personhood
□ Twist arm 5. Intent of other’s behavior □ Equity/trust/security
□ Predictability/stability
□ Bite 6. Meaning of behavior to you □ Capacity to negotiate
□ Spit on □ Relative bargaining power
□ Urinate upon 7. Effect on:
a. Interactions □ Capacity to co-parent
□ Slap b. Relationships □ Capacity to communicate
□ Hit or punch c. Communications □ Ability to meet kids’ needs
□ Kick or stomp d. Self/children □ Differentiation of self/other
□ Strike w/ or throw object at e. Parenting skills/capacity □ Trauma/fear/anxiety
□ Healthy attachments
□ Choke, strangle 8. Change: □ Appropriate boundaries
□ Burn a. Over time □ Perspective of children
□ Poke, stab, cut b. Pre/post pregnancy
c. Pre/post separation □ Hopelessness
□ Withhold food/medication □ Futility
□ Disable medical equipment 9. Injuries
10. Medical attention □ Primary aggressor
11. Hospital visits □ Proportionality of force
B. What’s the worst thing □ Offensive/defensive wounds
___ has ever done to you? 12. Calls for help/to police □ Criminal justice interveners
13. Arrests □ Defiance of authority
14. Convictions/sanctions
15. Protection orders □ Response to abuse
C. What’s the scariest thing 16. Protection order violations □ Fight
___ has ever done to you? □ Flight
□ Freeze

© 2012 Battered Women’s Justice Project Page 8


7. Emotional Abuse Discussion Areas: What to Listen For:

A. Let’s talk more about 1. Detail □ Attacks on sanity


how you and _____ relate to □ Attacks on dignity
one another. Can you □ Extreme cruelty
describe how ______ treats 2. In front of whom? □ Humiliation/embarrassment
you as a person? □ Children
□ Family
□ Friends □ Entrapment/paralysis
B. Does _____ ever: □ Co-workers □ Hopelessness/futility
□ Insult you or put you down □ Public □ Trauma/fear/anxiety
□ Ridicule you in public □ Nobody – just in private □ Sabotage
□ Purposely humiliate you
□ Play mind games 3. Frequency
□ Obsessive jealousy
C. Does _____ ever: □ Narcissism
□ Intimidate you 4. Severity □ Entitlement
□ Yell or scream at you
□ Act aggressively toward you
5. Intent of other’s behavior □ Blackmail
D. Does _____ ever: □ Access to weapons
□ Get jealous or possessive
□ Accuse you of infidelity 6. Meaning of behavior to you
□ Seemingly innocent acts
E. Does _ ever interfere with hidden meaning
with: 7. Effect on:
□ Your work/school life a. Interactions
□ Your social life b. Relationships □ Response to abuse
□ Your sleep c. Communications □ Fight
□ Your healthcare/medications d. Self/children □ Flight
e. Parenting skills/capacities □ Freeze
F. Has ___ ever threatened
to:
□ Kill you or the children 8. Change:
□ Kill him/herself a. Over time
□ Harm you or the children b. Pre/post pregnancy
□ Harm someone you care for c. Pre/post separation
□ Harm or kill pets

G. Has ______ ever:


□ Destroyed your property
□ Threatened you w/ weapon
□ Put your life in danger
□ Disabled car/equipment
□ Driven recklessly to scare

© 2012 Battered Women’s Justice Project Page 9


Implications of Domestic Violence for Safety and Parenting:

Immediate Safety Concerns: Risk Assessment Factors:


□ Increase in frequency/severity
□ Access to firearms
□ Recent separation
□ Unemployment
□ Use or threat to use lethal weapon
□ Threat to kill
□ Avoidance of arrest for dom.viol.
See Risk Assessment Factors and Questions 1(A)-(D), □ Step-children
3(B), 4(E), 5(F)-(G), 6(A)-(C), 7(A)-(D) □ Forced sex
□ Attempted strangulation
Immediate Economic Concerns: □ Illegal drug use
□ Alcohol dependency
□ Control of daily activities
□ Violent or constant jealousy
□ Assault during pregnancy
□ Threatened or attempted suicide
□ Threat to harm children
□ Belief in capacity to kill
See Questions 2(A)-(C), 4(C), 5(E) □ Stalking
□ Major mental illness
Immediate Parenting Concerns:

See Questions 1(A)-(C), 2(A)-(C), 3(A)-(E), 4(A)-(E),


5(E)-(G), 6(A)-(C), 7(A)-(D)

Long-Term Concerns:

© 2012 Battered Women’s Justice Project Page 10

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