Illinois Crime Victim s Compensation Program

Transcription

1 Illinois Crime Victim s Compensation Program Illinois Crime Victim s Compensation Act Elder Abuse Sexual Assault Domestic Violence Jesse White Secretary of State

2 Every day, every hour, every minute a violent crime is committed in Illinois. While many violent crimes such as murder, robbery and aggravated battery receive much of our attention, other violent crimes such as domestic violence, child abuse and elder abuse are dealt with in private and the victims may not know where to go for help. The Crime Victim's Compensation Act is administered and adjudicated by the Illinois Court of Claims with the investigation by the Illinois Attorney General s office. The program allows victims of violent crimes or their survivors to receive compensation for hospital and doctor bills, rehabilitation, loss of wages and tuition, and funeral/burial expenses when other sources of funding have been exhausted, such as insurance and courtordered restitution. This program can be a financial lifesaver for many victims who may not have the resources to cover the expenses incurred as a result of the crime. Therefore, it is important that we get this information out to the citizens of Illinois so they may take advantage of the program. Crime Victim's Compensation applications are available at Illinois public libraries and law enforcement agencies across the state. My office conducts training for library personnel and law enforcement officers on the Crime Victim's Compensation Program so when they come into contact with a person needing assistance they can steer them in the right direction. This booklet provides information about the Crime Victim's Compensation Act and the application process as well as detailed information on elder abuse, sexual assault and domestic violence. I urge you to familiarize yourself with this information and make sure that Crime Victim's Compensation information and applications are in a prominent location where crime victims or family members may access them and ask for more information. Thank you for your involvement in ensuring that innocent victims of violent crimes in Illinois get the compensation and justice they deserve. Jesse White, Secretary of State & Ex Officio Clerk of the Illinois Court of Claims Table of Contents CHAPTER I Illinois Crime Victim's Compensation Act Illinois Crime Victim's Compensation Application and Instructions CHAPTER II Elder Abuse Elder Abuse Agencies CHAPTER III Illinois Coalition Against Sexual Assault ISAC Crisis Centers CHAPTER IV Illinois Coalition Against Domestic Violence Law Enforcement Guide to Enforcing Orders of Protection Nationwide

3 Chapter 1 Illinois Crime Victim s Compensation Act The Crime Victim s Compensation Act offers financial assistance to eligible victims of violent crimes. Under the Act, victims of violent crimes or their survivors who have inadequate insurance or no source of funds to cover their expenses may be eligible for compensation covering medical bills, counseling, lost wages and other expenses. Eligible Expenses Medical expenses (hospital, doctor, nursing) Rehabilitation Temporary lodging/relocation Counseling/psychiatry for victim and family Lost wages up to $1,000 per month Lost tuition Replacement costs Emergency expenditures Prosthetic appliances and accessibility costs Crime scene clean-up Funeral/burial expenses up to $5,000 Coverage Limitations Total compensation may not exceed $27,000 per direct victim of a violent crime (all dependents must share the $27,000). No compensation is paid for property damage other than as specifically mentioned. No compensation is paid for pain and suffering. Victim Eligibility A person injured in Illinois as a result of a violent crime. A victim of a violent crime or his/her survivor who is dependent upon the victim for support. A parent whose child is the victim of a violent crime. A relative of a victim who incurred reasonable funeral and/or medical expenses. A child who witnessed a violent crime committed against a relative. A child whose sibling is the victim of a violent crime. An Illinois resident who is a victim of a violent crime committed in another state or country that does not have a compensation fund for crime victims. Any person who personally witnessed a violent crime. A parent, step-father, step-mother, child, brother, sister or spouse on behalf of a crime victim. Any person who pays medical, hospital or funeral expenses (up to $5,000 for funeral) on behalf of a victim, and/or travel and transportation costs to retrieve a body of a homicide victim. Violent Crimes Covered Domestic violence Sexual assault and abuse Murder Involuntary manslaughter Reckless homicide Kidnapping Incest Exploitation of a child Assault/battery Reckless conduct Arson Driving under the influence (DUI) Stalking 2

4 Requirements Crime must be reported within 72 hours to law enforcement (unless unable to do so), and victim or survivor must cooperate with law enforcement and the Illinois Attorney General s office. Victim must first exhaust all sources of financial recovery (i.e., health insurance, public assistance, etc.). Must file a compensation claim with the Illinois Attorney General s office within two years of the crime. Applicant cannot be an offender or an accomplice of the offender. Applicant cannot contribute to the injury or death of an offender by engaging in wrongful conduct or provocation. Filing an Application Complete the appropriate application form, including Social Security Number. If victim/survivor has legal representation, complete applicable sections on application form so all correspondence may be sent directly to the attorney's office. An attorney is not required. Sign all applicable lines on the application form. For more information, call , 8 a.m.-5 p.m., Mon.-Fri., or visit Frequently Asked Questions Must a victim/claimant be a U.S. citizen? No. A crime victim/claimant does not have to be a U.S. citizen to be eligible for financial assistance. Can a hospital or medical provider apply on a crime victim's behalf? No. Only victims of violent crimes or their legal representatives may be claimants; however, the state may make direct payments to eligible health care providers. What if the crime victim had medical bills from more than one provider? Each health care provider may be paid directly by the state. If the victim's expenses exceed $27,000, payouts are prorated to reflect the amount each bill represents in proportion to the victim s total compensable loss. If a crime victim has been awarded the full $27,000, but a balance is still owed to a provider, is the victim still liable for the remaining balance? A crime victim/survivor is liable for any remaining amount owed after assistance provided under the Act has been used. Some medical providers have policies that relieve a victim of the remaining balance after full assistance has been awarded under the Act. Although such a policy is not mandatory, it is encouraged by the Illinois Attorney General. What if a crime victim incurs additional bills as a result of the crime after the compensation application has been processed? If a crime victim has not already been granted the maximum amount of $27,000 allowed under law, the victim can petition the court to have the claim reopened and have the new bills considered for payment. What medical and hospital bills are covered? Any medical bills related to the crime, including counseling, prescriptions, follow-up doctor visits and allowable dental procedures are covered. What medical and hospital expenses are covered if a crime victim receives Medicare or Medicaid? Any medical bills or hospital bills resulting from the crime not covered by Medicare or Medicaid may be covered. How is loss of earnings calculated and what is included? Loss of earnings compensation is based on a crime victim s net monthly earnings for the six months prior to the crime. The victim must submit proof of earnings and disabling injury. Loss of earnings includes days missed from work to attend court proceedings and doctor/counseling appointments. 3

5 What are replacement costs? Replacement costs include expenses incurred to cover the replacement of items such as eyeglasses, clothing/bedding used as evidence, and locks/windows damaged as a result of the crime. The items must be replaced and receipts are required. What temporary lodging/relocation expenses are eligible? Moving van rental, moving company fees, storage fees, shipping fees and security deposits may be considered for reimbursement. What is covered by tuition reimbursement? Tuition reimbursement is available for time missed during enrollment at a school or university due to a disability caused by a violent crime, or due to court appearances resulting from the crime. What benefits are covered if the victim resides in a nursing home? Any out-of-pocket expenses for medical and hospital care, prescriptions and counseling resulting from the crime may be covered. Any equipment costs such as wheelchairs, beds or prosthetic appliances also may be covered. What funeral/burial expenses are covered? Funeral and burial costs, as well as travel and transportation costs for survivors of homicide victims to secure bodies and transport them for burial are covered. These expenses are compensated up to a maximum of $5,000. Can funeral directors apply directly for compensation? No. Funeral directors may not file for compensation on their own behalf, but may be compensated directly under the claim of the person who became legally obligated for payment of these expenses. What compensation is available for someone obtaining legal custody of minor children because of the death of a parent/guardian resulting from a violent crime? Compensation for the loss of support provided for the child by the deceased parent, funeral/burial costs, counseling and child care expenses may be covered. Who can I contact to learn more about the role of hospitals and medical providers in the Crime Victim s Compensation Act? Call the Illinois Court of Claims at

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10 Instructions for Completing and Filing Crime Victim s Compensation Application Complete all sections. Must be signed by victim, parent/guardian or dependent of victim, or survivor of victim. The documents must be filed with the Court of Claims within two years of the crime (unless victim is a child). Section I Claimant and Victim Information Claimant Information Complete in entirety. Use Social Security Number of person filing the claim (if a parent is filing on behalf of a child, the parent must use his/her Social Security Number). Victim Information Complete in entirety. If this information cannot be completed, leave blank and provide at a later date. Ethnicity Questions are optional. Compensable Violent Crimes include: Violation of Order of Protection: 720 ILCS 5/12-30 Domestic Battery: 720 ILCS 5/ Criminal Sexual Assault (rape, fondling): 720 ILCS 5/12-13 Aggravated Criminal Sexual Assault: 720 ILCS 5/12-14 Predatory Criminal Sexual Assault of a Child (cause great bodily harm, life threatening, results in permanent disability to person under age 13): 720 ILCS 5/ Criminal Sexual Abuse (act of sexual conduct when victim is a child or unable to understand): 720 ILCS 5/12-15 Aggravated Criminal Sexual Abuse (use of weapon, caused bodily harm, victim disabled): 720 ILCS 5/12-16 Murder First Degree: 720 ILCS 5/9-1; Second Degree: 720 ILCS 5/9-2 Involuntary Manslaughter and Reckless Homicide (recklessness that results in death, such as DUI): 720 ILCS 5/9-3 Kidnapping: 720 ILCS 5/10-1 Aggravated Kidnapping (inflicts great bodily harm, victim under age 13, for ransom): 720 ILCS 5/10-2 Sexual Relations Within Families (incest): 720 ILCS 5/11-11 Exploitation of a Child (confine for prostitution of child age 16 or institutionalized): 720 ILCS 5/ Child Pornography: 720 ILCS 5/ Assault (makes a person believe they will be battered): 720 ILCS 5/12-1 Aggravated Assault (with a weapon): 720 ILCS 5/12-2 Battery (causes bodily harm or makes physical contact): 720 ILCS 5/12-3 Aggravated Battery (uses deadly weapon other than firearm, or other circumstances such as aggressor knows victim is pregnant and batters her): 720 ILCS 5/12-4 Heinous Battery (battery that causes severe or permanent disability): 720 ILCS 5/ Aggravated Battery with a Firearm: 720 ILCS 5/ Aggravated Battery of a Child: (child under age 13): 720 ILCS 5/ Reckless Conduct (endangering the bodily safety of a person): 720 ILCS 5/12-5 Stalking (acts of surveillance or following with threat or placing victim in reasonable apprehension of bodily harm): 720 ILCS 5/ Aggravated Stalking (confining, restraining, causing bodily harm as part of stalking): 720 ILCS 5/ Arson (damaging property by fire or explosion): 720 ILCS 5/20 Aggravated Arson (threatens persons or causes bodily injury or death during arson): 720 ILCS 5/ Driving Under the Influence (of intoxicating liquor or narcotic drugs): 625 ILCS 5/ Terrorism: 720 ILCS 5/29 D If the crime involves bodily injury or violence and does not fit into any of the above categories a Crime Victim s Compensation Application must still be completed. The Court of Claims will determine if compensation is available. 9

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12 Section II Crime Information Date of Crime/Name of Law Enforcement Reported to Complete in entirety. Victims of domestic violence and sexual assault in small communities often are afraid to contact law enforcement authorities for fear that the abuser will further harm them. If this is the case, suggest that the victim report to a domestic violence advocate or sexual assault program. In all domestic violence or sexual assault cases, the victim should be referred to a local program. Police Report Number Complete if information is available. If not available, the police report will be obtained through the investigation by the Illinois Attorney General. Name of offender In many cases, the victim may not know who committed the crime. If this is the case, state unknown. Compensation for victims of violence does not depend on whether the criminal is known or successfully brought to justice. The program assists victims of violence regardless of whether the perpetrator is brought to justice. A victim must cooperate with law enforcement. Was offender arrested? Complete to the extent known. Has offender been charged in court? If victim is unaware of the answers to these questions, state unknown. Criminal Court Case Number Complete if known. If unknown, leave blank or put unknown. The Attorney General s office can obtain this information during the investigation. Section III Medical Information and Benefits Medical/counseling expenses These should almost always be marked yes. The Act allows for the reimbursement of medical, hospital and dental bills, rehabilitation equipment and counseling expenses not paid by insurance or another source such as public assistance. Counseling is covered for anyone who personally witnesses an act of violence. In most situations, additional medical treatment or counseling will be used at a later date. Victims should check yes in both boxes unless they have insurance and are certain their insurance will pay the bills associated with the violence in full. Note that the Act does not provide compensation for pain and suffering. Describe the injuries Complete with as much detail as possible. List name(s) and address(es) of doctors, hospitals, etc. Complete with as much detail as possible understanding that the victim may have later medical bills, which may be covered. If the claim is awarded, the court makes the payment directly to the hospital, doctor, etc., unless the crime victim has already paid the bill or someone has paid the bill on behalf of the victim. In that case the program will reimburse whomever paid. If public assistance/insurance pays for medical and hospital expenses, the victim is not reimbursed as the Act allows for payment only of actual expenses. If additional medical, counseling expenses arise after the initial award, the crime victim must ask the court to pay these additional bills. The claimant will then be asked to send proof of the expenses to the court with a note asking the court to pay. The court will pay on behalf of the crime victim up to the $27,000 cap. Once the victim has filed a claim for medical, counseling, funeral expenses, etc., if the victim receives calls regarding payment of these bills, the victim should state that he/she has filed an application for Crime Victim s Compensation and give the case number. When the court notifies the crime victim of an award, it is against the law for hospitals, doctors, etc. to harass the victim for payment or attempt to hurt the victim s credit rating. Insurance This section requires a listing of all insurance companies, governmental agencies, offender restitutions, etc. that may be available to pay all or part of the victim s medical bills. Crime Victim s Compensation is the payee of last resort. The victim must first exhaust all other sources of payment. Only uncovered medical bills will be paid through the Act. Any lawsuits against the aggressor are considered possible sources to pay expenses; therefore, if a case is completed, it should be listed. Payment from other sources Claimant should fill out this section to the best of his/her knowledge, with all information regarding payment to the victim from other sources. 11

13 Section IV Funeral/Burial Information and Death Benefits Funeral/Burial The Crime Victim s Compensation Act allows for the reimbursement of funeral/burial expenses of up to $5,000 on behalf of a crime victim. Attach a copy of the funeral bill, burial bill and death certificate to the application. Many funeral homes will hold off on the bill, pending an award from the Court of Claims, while others will not. Will the dependents receive any accident/life insurance Complete in entirety, listing any known insurance. Loss of Support List all children, including children the victim has legally adopted and if the victim has provided support to a dependent. A dependent could be a grandparent for whom the victim cared for or a child over age 18 in college. If a crime victim was providing support to a dependent he/she may be eligible to receive an award of loss of support. Section V Employment Information Lost Wages These questions provide information on loss of earnings or support due to the crime. The Act may provide compensation for loss of earnings or support of up to $1,000 per month, up to $27,000, depending on monthly earnings of the victim. A formula is used to calculate loss of earnings and support, which is why verification of income information is requested. Section VI Tuition Tuition Reimbursement The Act provides for reimbursement of loss of tuition paid to attend grammar school, high school, college or graduate school when the victim has been enrolled full time or is a night student prior to the crime and is unable to attend because of the violence perpetuated against him/her. Section VII Subrogation Rights Subrogation To subrogate means to put into place of another. This section advises the applicant that if the Crime Victim s Compensation Program pays medical bills, loss of support, etc. and there is an award to the victim through another court proceeding, the Crime Victim s Compensation Program will be reimbursed through the other court proceeding. An example would be if the victim files a suit and recovers money for hospital bills that have already been paid by the Crime Victim s Compensation Program. Section VIII Certification and Releases Signature The applicant must sign the application. If the crime victim cannot sign the application, the person completing the application may sign on behalf of the applicant followed by his/her name underneath. Attorney Information An attorney is not necessary to file a Crime Victim s Compensation Application. Most crime victims do not use an attorney to apply. However, if the victim does have an attorney, the attorney cannot charge a fee for presenting the claim before the Court of Claims. This program is to assist crime victims and their families. 12

14 Chapter 2 Elder Abuse Elder abuse is any negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable older adult. Elder abuse can affect people of all ethnic backgrounds and social status and can affect both men and women. Illinois law defines abuse, neglect and exploitation of an older person as: Physical abuse inflicting physical pain or injury upon an older adult. Sexual abuse touching, fondling, intercourse or any other sexual activity with an older adult when he/she is unable to understand, unwilling to consent, threatened or physically forced. Emotional abuse verbal assaults, threats of abuse, harassment or intimidation. Confinement restraining or isolating an older adult, other than for medical reasons. Passive neglect caregiver's failure to provide an older adult with life's necessities, including, but not limited to, food, clothing, shelter or medical care. Willful deprivation willfully denying an older adult medication, medical care, shelter, food, a therapeutic device or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except when the older adult has expressed an intent to forego such care. Financial exploitation the misuse or withholding of an older adult's resources by another to the disadvantage of the older adult or the profit or advantage of someone else. Many Suffer from Elder Abuse It is difficult to say how many older Americans are abused, neglected or exploited, in large part because surveillance is limited and the problem remains greatly hidden. While a few studies estimate that between 3 percent and 5 percent of the elderly population have been abused, it is estimated that there may be as many as 5 million victims each year. One consistent finding is that reports increase each year. Warning Signs of Elder Abuse Most important is to be alert. Suffering often is done in silence. If you notice changes in personality or behavior of an elderly person, you should question what is going on. While one sign does not necessarily indicate abuse, following are some signs there may be a problem: Bruises, pressure marks, broken bones, abrasions and burns may be an indication of physical abuse, neglect or mistreatment. Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse. Bruises around the breasts or genital area may indicate possible sexual abuse. Sudden changes in financial situations may be the result of financial exploitation. Bedsores, unattended medical needs, poor hygiene and unusual weight loss are indicators of possible neglect. Behavior such as belittling, threats and other uses of power and control by caretakers or family members are indicators of verbal or emotional abuse. Strained or tense relationships, frequent arguments between the caregiver and older adult also are signs of emotional abuse. Who is Vulnerable to Elder Abuse Social isolation and mental impairment (such as dementia or Alzheimer's disease) are two factors that may make an older adult more vulnerable. But, in some situations, studies show that living with someone else (a caregiver or a friend) may increase the chances for abuse to occur. A history of domestic violence also may make an older adult more susceptible to abuse. Who Abuses Older Adults Abusers of older adults are both women and men. Family members are more often the abusers than any other group. Statistics show that adult children are the most common abusers. Financial exploitation is the most common type of abuse identified. Criminal Penalties for Elder Abuse Illinois has increased penalties for those who victimize older adults. Increasingly across the country, law enforcement officers and prosecutors are trained on elder abuse and ways to use criminal and civil laws to bring abusers to justice. 13

15 Reporting Elder Abuse Elder Abuse and Neglect Program services are provided through local agencies designated by the Area Agency on Aging and the Illinois Department on Aging. All elder abuse caseworkers are trained and certified by the department, which also promulgates the program's policies and procedures and oversees the monitoring of services through the Area Agencies on Aging. Each one of us has a responsibility to keep elders safe from harm. Call the police or immediately if someone you know is in immediate, life-threatening danger. If the danger is not immediate, but you suspect that abuse has occurred or is occurring, contact your local elder abuse provider agency or long-term care ombudsman (for nursing homes). To find your local provider, visit or call the nationwide Eldercare Locator at , Mon.-Fri., 9 a.m. to 8 p.m. eastern time. You also may call the Department on Aging s Elder Abuse Hotline at (Voice), (TTY). Self-Reporting/Dysfunction Dysfunction is not defined by law, but is understood to mean any physical or mental condition that would render an older adult unable to seek help for himself or herself. Such conditions may include dementia, paralysis, speech disorders, being confined to bed and unable to reach or use a telephone, etc. It is up to the professional person's judgment as to whether an older adult is able to self-report. If a person is unsure whether an older adult is able to self-report, but suspects the person is being abused, neglected or financially exploited, the Department on Aging encourages the reporter to voluntarily report the situation to the Elder Abuse and Neglect Program. The person may use the following questions to help determine if a person has the mental capacity to self-report: 1. Does the person understand the facts of the situation? 2. Does the person express a free choice about his/her situation? 3. Does the person understand the risks and benefits of that choice? When an older adult, because of dysfunction, is unable to self-report, professionals and state employees must report, within 24 hours, any suspected abuse, neglect or financial exploitation to the Department on Aging Elder Abuse and Neglect Program. The requirement to report includes any time a mandated reporter (see below) is engaged in carrying out his/her professional duties. Mandated Reporter Certain professionals are required by law to report elder abuse. The Elder Abuse and Neglect Act requires mandatory reporters to testify fully in any judicial or administrative hearing resulting from a report. This outcome occurs in only a very small number of cases. A mandated reporter includes a professional or professional's delegate while engaged in: social services; the care of an eligible adult or eligible adults; education; law enforcement; any occupation required to be licensed under the: Clinical Psychologist Licensing Act; Clinical Social Work and Social Work Practice Act; Illinois Dental Practice Act; Dietetic and Nutrition Services Practice Act; Marriage and Family Therapy Licensing Act; Medical Practice Act of 1987; Naprapathic Practice Act; Illinois Nursing Act of 1987; Illinois Occupational Therapy Practice Act; Illinois Public Accounting Act; Illinois Optometric Practice Act of 1987; Pharmacy Practice Act of 1987; Illinois Physical Therapy Act; Physician Assistant Practice Act of 1987; Podiatric Medical Practice Act of 1987; Professional Counselor and Clinical Professional Counselor Licensing Act; Respiratory Care Practice Act; Illinois Speech-Language Pathology and Audiology Practice Act; Nursing Home Administrators Licensing and Disciplinary Act; and the Veterinary Medicine and Surgery Practice Act of 2004; an employee of a vocational rehabilitation facility prescribed or supervised by the Illinois Department of Human Services; an administrator, employee or person providing services in or through an unlicensed community-based facility; a Christian Science practitioner; field personnel of the Illinois Departments of Healthcare and Family Services, Public Health, Human Services and any county or municipal health department; personnel of the Department of Human Services, the Guardianship and Advocacy Commission, the State Fire Marshal, local fire departments, the Department on Aging and its subsidiary Area Agencies on Aging and provider agencies, and the Office of State Long-Term Care Ombudsman; 14

16 any employee of the State of Illinois not otherwise specified who is involved in providing services to eligible adults, including professionals providing medical or rehabilitation services and all other persons having direct contact with eligible adults; a person who performs the duties of a coroner or medical examiner; or a person who performs the duties of a paramedic or an emergency medical technician. Because of confidentiality restrictions, bankers and attorneys are not mandated to report suspected elder abuse. They are, however, like all others, encouraged to voluntarily report any suspected mistreatment of older adults. (Elder Abuse and Neglect Act (320 ILCS 20/1 et seq.), as amended.) Penalties for Failure to Report Any physician who willfully fails to report as required by the Elder Abuse and Neglect Act shall be referred to the Illinois State Medical Disciplinary Board. Any dentist or dental hygienist who willfully fails to report as required by this Act shall be referred to the Department of Professional Regulation. Any other mandated reporter required by this Act to report suspected abuse, neglect or financial exploitation and, who willfully fails to report the same, is guilty of a Class A misdemeanor. Legal Protections for Reporters of Elder Abuse The Elder Abuse and Neglect Act provides extensive protections for all reporters of elder abuse, whether voluntary or mandatory. Anyone who makes an elder abuse report in good faith is exempt from civil and criminal liability as well as any professional disciplinary action. These same protections are provided to any person who provides information, records or services related to a report. The law also prohibits any retaliation by an employer against any employee who makes a good faith report of abuse, who is or will be a witness, or who will testify in any investigation or proceeding concerning a report of elder abuse. In addition, by law, a reporter's name may be released only with the reporter's written consent or by the order of a court. The Department on Aging also accepts anonymous reports. Elder Abuse/Neglect Reporting Procedures Step I: Intake The agency receiving the call will do an intake. The reporter should be prepared to answer the following questions to the best of his/her ability. Even if the reporter does not have all the information, the call should be made with as much information as possible. alleged victim's name, address, telephone number, sex, age and general condition; alleged abuser's name, sex, age, relationship to victim and condition; circumstances that led the reporter to believe that the older adult is being abused, neglected or financially exploited, with as much specificity as possible; whether the alleged victim is in immediate danger, the best time to contact the victim, if the victim knows of the report, and if there is any danger to the responding caseworker; whether the reporter believes the client could self-report; name, telephone number and profession of the reporter; names of others with information about the situation; whether the reporter is willing to be contacted again; and any other relevant information. Step 2: Assessment Depending on the nature and seriousness of the allegations, a trained caseworker will make a face-to-face contact with the victim within the following time frames: 24 hours for life-threatening situations, 72 hours for most neglect and non life-threatening physical abuse reports, and 7 calendar days for most financial exploitation and emotional abuse reports. The caseworker has 30 days to do a comprehensive assessment both to determine if the client has been mistreated and to determine his/her needs for services and interventions. If the abuse is substantiated, the caseworker involves the older adult in the development of a case plan to alleviate the situation. The caseworker always attempts to utilize the least restrictive alternatives that will allow the older adult to remain independent to the highest degree possible. 15

17 Services may include in-home care, adult day services, respite, health services and counseling. Other interventions may include an order of protection against the alleged abuser, obtaining a representative payee, having the person change or execute a new power of attorney for financial or health decisions, or assisting the client in obtaining other legal remedies. In some cases, services for the abuser also are obtained, including mental health, substance abuse, job placement or other services related to their problems. Step 3: Follow-Up The caseworker may keep the case open 15 months from the date of intake in order to monitor the situation and to continually re-assess the need for different interventions. Where the caseworker judges that the best interests, safety and well-being of the client require further follow-up service, the case may stay open for up to an additional 12-month period. If subsequent reports of abuse are received and substantiated, the case may be kept open even longer. All reports and records of the Elder Abuse and Neglect Program are subject to strict confidentiality provisions. Client Refusal of Services As an adult, a competent client may refuse an assessment and may refuse all services and interventions. This is called the client's right to self-determination. It is rare for a client to refuse an assessment, and 78 percent of clients whose abuse is substantiated consent to further services. Where a client has dementia or other cognitive impairment, the Elder Abuse Program works to assess the situation and to provide services as needed. In some cases, the Elder Abuse Provider Agency petitions the court for guardianship to ensure that the client's needs are met. Guardianship and nursing home placement are the last resort. Elder Abuse Prevention Educating seniors, professionals, caregivers and the general public on elder abuse is critical to prevention. On an individual level, the following simple but vital steps will reduce a person s risk of abuse: Take care of your health. Seek professional help for drug, alcohol and depression concerns. Urge family members to get help for these problems. Attend support groups for spouses and learn about domestic violence services. Plan for your own future. With a power of attorney or a living will, health care decisions may be addressed to avoid confusion and family problems should you become incapacitated. Seek independent advice from someone you trust before signing any documents. Stay active in the community and connected with friends and family. This will decrease social isolation, which has been connected to elder abuse. Know your rights. If you engage the services of a paid or family caregiver, you have the right to voice your preferences and concerns. If you live in a nursing home, call your Long-Term Care Ombudsman. The Ombudsman is your advocate and has the power to intervene. 18

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19 Adams West Central Illinois Case Coordination Unit Alexander Shawnee Alliance for Seniors Bond Southwestern Illinois Visiting Nurse Association Boone Visiting Nurse Association of Rockford Brown West Central Illinois Case Coordination Unit Bureau Alternatives for the Older Adult Calhoun West Central Illinois Case Coordination Unit Carroll In Touch Service of Lutheran Social Services of Illinois Cass Prairie Council on Aging Champaign Senior Resource Center Christian Macoupin Co. Programs for the Elderly Clark Cumberland Associates, Inc Elder Abuse Agencies Clay Effingham City and County Committee on Aging Clinton Southwestern Illinois Visiting Nurse Association Coles Cumberland Associates, Inc Cook See City of Chicago Crawford SWAN (Stopping Woman Abuse Now) Cumberland Cumberland Associates, Inc DeKalb Elder Care Services of DeKalb Co DeWitt Community Home Environmental Learning Project, Inc. (CHELP) Douglas Cumberland Associates, Inc DuPage DuPage Co. Dept. of Human Resources Edgar Cumberland Associates, Inc Edwards SWAN (Stopping Woman Abuse Now) Effingham Effingham City and County Committee on Aging Fayette Effingham City and County Committee on Aging Ford Elder Care Services of Ford-Iroquois Counties Franklin Shawnee Alliance for Seniors Fulton SeniorStrength Gallatin Shawnee Alliance for Seniors Greene Prairie Council on Aging Grundy Grundy County Health Department Hamilton SWAN (Stopping Woman Abuse Now) Hancock West Central Illinois Case Coordination Unit Hardin Shawnee Alliance for Seniors Henderson Alternatives for the Older Adult

20 Henry Alternatives for the Older Adult Iroquois Elder Care Services of Ford-Iroquois Counties Jackson Shawnee Alliance for Seniors Jasper SWAN (Stopping Woman Abuse Now) Jefferson Effingham City and County Committee on Aging Jersey Prairie Council on Aging JoDaviess Stephenson County Senior Center Johnson Shawnee Alliance for Seniors Kane Senior Services Associates (Elgin) (Aurora) Kankakee Catholic Charities, Diocese of Joliet Kendall Senior Services Associates, Inc Knox Alternatives for the Older Adult Lake Catholic Charities, Chicago Archdiocese LaSalle Alternatives for the Older Adult Lawrence SWAN (Stopping Woman Abuse Now) Lee In Touch Services of Lutheran Social Services of Illinois Livingston PATH Logan Senior Services of Central Illinois Macon Community Home Environmental Learning Project, Inc. (CHELP) Macoupin Macoupin County Programs for the Elderly Madison Southwestern Illinois Visiting Nurse Association Marion Effingham City and County Committee on Aging Marshall SeniorStrength Mason Senior Services of Central Illinois Massac Shawnee Alliance for Seniors McDonough Alternatives for the Older Adult McHenry Senior Services Associates McLean PATH Menard Senior Services of Central Illinois Mercer Alternatives for the Older Adult Monroe Southwestern Illinois Visiting Nurse Association Montgomery Montgomery County Health Dept Morgan Prairie Council on Aging Moultrie Cumberland Associates, Inc Ogle In Touch Services of Lutheran Social Services of Illinois Peoria SeniorStrength Perry Shawnee Alliance for Seniors

21 Piatt Senior Resource Center Pike West Central Illinois Case Coordination Unit Pope Shawnee Alliance for Seniors Pulaski Shawnee Alliance for Seniors Putnam Alternatives for the Older Adult Randolph Southwestern Illinois Visiting Nurse Association Richland SWAN (Stopping Woman Abuse Now) Rock Island Alternatives for the Older Adult Saline Shawnee Alliance for Seniors Sangamon Senior Services of Central Illinois Schuyler West Central Illinois Case Coordination Unit Scott Prairie Council on Aging Shelby Cumberland Associates, Inc St. Clair Southwestern Illinois Visiting Nurse Association Stark SeniorStrength Stephenson Stephenson County Senior Center Tazewell SeniorStrength Union Shawnee Alliance for Seniors Vermilion Community Resources and Information for Seniors (CRIS) Services Wabash SWAN (Stopping Woman Abuse Now) Warren Alternatives for the Older Adult Washington Southwestern Illinois Visiting Nurses Association Wayne SWAN (Stopping Woman Abuse Now) White SWAN (Stopping Woman Abuse Now) Whiteside In Touch Services of Lutheran Social Services of Illinois Will Senior Services Center of Will Co Williamson Shawnee Alliance for Seniors Winnebago Visiting Nurses Association of Rockford Woodford SeniorStrength City of Chicago 60626, 60640, 60645, 60659, Catholic Charities , 60630, 60631, 60646, Catholic Charities , 60636, 60639, 60641, 60666, Catholic Charities , 60614, 60618, 60647, Catholic Charities , 60602, 60603, 60604, 60605, 60606, 60607, 60610, 60611, Healthcare Consortium of Illinois , 60616, 60637, 60649, Centers for New Horizons , 60623, 60629, 60632, Metropolitan Family Services

22 60617, 60619, 60627, 60628, 60633, Metropolitan Family Services , 60621, 60636, 60643, 60652, Metropolitan Family Services , 60612, 60624, 60644, Westside Health Partnership Suburban Cook County Berwyn, Cicero Berwyn-Cicero Council on Aging Barrington, Hanover, Palatine, Wheeling Townships Catholic Charities (Northwest Senior Services) Bloom, Bremen, Calumet, Rich, Thornton Townships (Cities served: Dixmoor, Harvey, Homewood, Markham, Burnham, Dolton, Calumet City, East Hazel Crest, Lansing, Phoenix, Riverdale, South Holland) Thornton Catholic Charities (South Suburban Senior Services) Elk Grove, Schaumburg Kenneth W. Young Centers Leyden, Norwood Park Leyden Family Services Evanston, Niles Metropolitan Family Services Maine, New Trier, Northfield North Shore Senior Center Oak Park, River Forest Oak Park Township Lemont, Orland, Palos, Worth Townships PLOWS (Palos, Lemont, Orland, Worth) Council on Aging Proviso Township (except Villages of Brookfield and LaGrange Park) West Suburban Senior Services Lyons and Riverside Townships, Villages of Brookfield and LaGrange Park Southwest Suburban Center on Aging Stickney Township Stickney Township Office on Aging NOTE: This list of Elder Abuse Provider Agencies also may be found at under the Directory of Agencies and Organizations Serving Seniors. 19

23 Chapter 3 Illinois Coalition Against Sexual Assault The Illinois Coalition Against Sexual Assault (ICASA) is a not-for-profit corporation of 34 community-based sexual assault crisis centers. Several centers have satellite offices serving rural areas of the state and urban neighborhoods that are traditionally underserved. ICASA centers assist survivors of sexual assault. Each ICASA center provides counseling and advocacy to female and male victims of all ages as well as to family members and friends of victims. These specialized services support survivors of sexual assault, child sexual abuse, acquaintance rape, sexual harassment and incest. The center's work may begin shortly after a victim is raped or years after an assault. In either case, the crisis center provides free and confidential services to promote healing and advance justice. ICASA's centers also conduct extensive prevention education programs in schools and with civic organizations and other community groups. ICASA produces a variety of materials available to the public, including television and radio ads, brochures and training materials. It also has a library of more than 1,500 books, magazine articles and journals available to the public. For a complete list of rape crisis centers and more information on ICASA, visit Contact with an ICASA center is completely confidential. ICASA Crisis Centers Aurora Mutual Ground, Inc P.O. Box 843 Aurora, IL Counties Served: Southern Kane, Kendall Belleville Call For Help Sexual Assault Victims Care Unit Lebanon Rd. Edgemont, IL Counties Served: Jefferson, Hamilton, Madison, Monroe, Randolph, St. Clair, Wayne Call For Help Sexual Assault Victims Care Unit N. 8th St., Rm. 469 East St. Louis, IL Madison County Call For Help, Inc D Johnson Rd. Granite City, IL Counties Served: Madison Bloomington Stepping Stones Sexual Assault Services N. Hershey Rd. Bloomington, IL Counties Served: McLean Carbondale Rape Crisis Services of the Women's Center S. Thompson Carbondale, IL Counties Served: Franklin, Jackson, Johnson, Perry, Saline, Union, Williamson Rape Crisis Services of the Women's Center Tower Square P.O. Box 1645 Marion, IL Charleston/Mattoon Counseling & Information for Sexual Assault/Abuse N. State Hwy., R.R. #1 Robinson, IL [email protected] Sexual Assault Counseling & Information Service P.O. Box 858 Charleston, IL [email protected] Counties Served: Coles, Crawford, Cumberland, Jasper, Lawrence, Richland 20

24 Chicago Austin Community Satellite Madison Ave., Ste. 212 Oak Park, IL Community Counseling Centers of Chicago Quetzal Center 2525 W. Peterson Ave. Chicago, IL Counties Served: Cook Mujeres Latinas En Accion W. 21st Pl. Chicago, IL Counties Served: Cook Pillars Community Services` Midway Center W. 63rd St. Chicago, IL Counties Served: Chicago communities of Ashburn, Chicago Lawn, Clearing, Gage Park, Garfield Ridge, West Eldson and West Lawn. Pillars Midway Center Arab American Services W. 63rd St. Chicago, IL Counties Served: Chicago communities of Ashburn, Chicago Lawn, Clearing, Gage Park, Garfield Ridge, West Eldson and West Lawn. RVA-Cook County Hospital Satellite W. Harrison, Ste. 419 Chicago, IL Rape Victim Advocates (RVA) S. Wabash Ave., Ste. 240 Chicago, IL Counties Served: Cook YWCA of Metro. Chicago RISE Children's Center S. Ashland, Ste. 301 Chicago, IL ywcachicago.org/rise.htm YWCA of Metropolitan Chicago Loop Women's Services N. Michigan Ave., 8th Fl. Chicago, IL Counties Served: Chicago Loop xc= &nxd= / YWCA of Metropolitan Chicago - Englewood Satellite W. 63rd St.., Lower Level 34 & 35 Chicago, IL YWCA of Metropolitan Chicago - Harris Center S. Drexel Ave. Chicago, IL Counties Served: Chicago neighborhoods of Roseland, Englewood, Woodlawn, Grand Boulevard, South Chicago, Hyde Park. ywcachicago.org/harris.htm YWCA of Metropolitan Chicago - Lawndale W. Arthington, #150 Chicago, IL Counties Served: Chicago neighborhoods of Lawndale, Garfield, Park, Douglas Park and UIC. ywcachicago.org/lawndale.htm YWCA of Metropolitan Chicago - Logan Square W. Fullerton, 2nd Fl. Chicago, IL Counties Served: Chicago neighborhoods of Logan Square, Wicker Park and Humboldt Park. ywcachicago.org/logansq.htm YWCA of Metropolitan Chicago - Uptown Outreach N. Broadway, Ste. 602 Chicago, IL Danville Paris Regional Office W. Washington Paris, IL [email protected] REACH -Danville N. Hazel St. Danville, IL Counties Served: Clark, Edgar, Vermillion DeKalb Safe Passage P.O. Box 621 DeKalb, IL Counties Served: DeKalb Decatur Growing Strong Sexual Assault Center W. Prairie St. Decatur, IL Counties Served: Dewitt, Macon, Moultrie, Piatt, Shelby Elgin Community Crisis Center P.O. Box 1390 Elgin, IL Counties Served: Kane (northern half), Cook (northwest collar townships), Dekalb, DuPage, McHenry 21

25 Galena Riverview Center Inc S. Dodge Galena, IL Counties Served: Carroll, Dubuque (Iowa), Jo Daviess, Riverview Center Inc. Carroll County Sat IL Route 84, Unit A Savanna, IL [email protected] Riverview Center, Inc., Dubuque County Sat Dodge St., Ste. D4 Dubuque, IA Glen Ellyn YWCA West Suburban Center Roosevelt Rd., Ste Glen Ellyn, IL Counties Served: DuPage Gurnee Lake County Council Against Sexual Assault Old Grand Ave. Gurnee, IL Counties Served: Lake, McHenry, Northern Cook Joliet Sexual Assault Service Center Plainfield Rd. Joliet, IL Counties Served: Kendall, Grundy, Will Kankakee Kankakee County Center Against Sexual Assault W. Court St. Kankakee, IL Counties Served: Iroquois, Kankakee Macomb WIRC-CAA Victim Services P.O. Box 157 Macomb, IL Counties Served: Hancock, Henderson, Knox, McDonough, Warren McHenry Pioneer Center/VOICE Dayton St. McHenry, IL Counties Served: McHenry pioneercenter.org Peoria Center for the Prevention of Abuse/InnerStrength SAFE P.O. Box 3855 Peoria, IL Counties Served: Peoria, Tazewell, Woodford Princeton Freedom House Elm Place Princeton, IL Counties Served: Bureau, Henry, Marshall, Putnam, Stark Quad Cities Quad Cities Rape/Sexual Assault Counseling Program th Ave. Moline, IL Counties Served: Rock Island, Henry, Mercer Quincy Pike County Satellite Office W. Washington Pittsfield, IL Quanada Sexual Assault Program State, Ste. B Quincy, IL Counties Served: Adams, Brown, Hancock, Pike, Schuyler Rockford Rockford Sexual Assault Counseling, Inc E. State St. Rockford, IL [email protected] Counties Served: Boone, Dekalb, McHenry, Ogle, Stephenson, Winnebago, Rockford Sexual Assault Counseling, Inc Andrews Dr., Ste. 304 Belvidere, IL Rockford Sexual Assault Counseling, Inc S. 7th St., #109 Rochelle, IL Springfield Prairie Center Against Sexual Assault West Old State Capitol Springfield, IL Counties Served: Cass, Christian, Green, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Sangamon, Scott Prairie Center Against Sexual Assault W. Lafayette Ave. Jacksonville, IL

26 Sterling YWCA of the Sauk Valley st Ave. Sterling, IL Counties Served: Lee, Whiteside YWCA of the Sauk Valley W. 1st St., Ste. 200 Dixon, IL Streator ADV & SAS P.O. Box 593 Streator, IL Counties Served: LaSalle, Livingston ADV & SAS W. Water St. Pontiac, IL ADV & SAS N. Orlando Smith Ave., Rm. C-212 Oglesby, IL ADV & SAS W. LaFayette St. Ottawa, IL Suburban Cook Northwest CASA W. Golf Rd., Ste. 47 Arlington Heights, IL Counties Served: Suburban Cook (North, NW Suburbs), McHenry Pillars Community Services` CARE Center Cermak Rd. Berwyn, IL Counties Served: West Suburban communities of Berwyn, Broadview, Cicero, Forest Park, Hillside, Maywood, Oak Park, River Forest and Westchester. The Pillars Community Services W. 87th St. Hickory Hills, IL Counties Served: Lyons Township YWCA South Suburban Center W. 202nd St. Chicago Heights, IL Areas Served: Chicago city limits to the north, to Indiana on the east, the Des Plaines River to the west, and boundary between Cook and Will Counties. Urbana/Champaign A Woman's Fund, Inc. Rape Crisis Services W. Church St. Champaign, IL Counties Served: Champaign, Douglas, Ford, Piatt A Woman's Fund, Inc. Rape Crisis Services W. Washington, 2nd Fl. Monticello, IL A Woman's Fund, Inc. Rape Crisis Services N. Garrard St. Rantoul, IL Vandalia Sexual Assault & Family Emergencies Sunset Dr., Ste. G Vandalia, IL [email protected] Counties Served: Bond, Clay, Clinton, Effingham, Fayette, Marion, Washington Sexual Assault & Family Emergencies E. 2nd St. P.O. Box 225 Centralia, IL Sexual Assault & Family Emergencies P.O. Box 1641 Effingham, IL

27 Chapter 4 Illinois Coalition Against Domestic Violence The Illinois Coalition Against Domestic Violence (ICADV). ICADV is a non-profit corporation governed by a Board of Directors comprised of delegates from voting member domestic violence programs. ICADV was formed to develop, coordinate and expand efforts to provide services to victims of domestic violence. It advocates for changes in the civil and criminal justice systems to allow for more protection for battered women and their children and to hold perpetrators accountable for their actions. ICADV has more than 50 member programs in Illinois who served more than 47,000 adults (95% women) and 10,000 children in fiscal year Services include a 24-hour hotline, emergency shelter, court advocacy, and individual and group counseling. Domestic violence programs also provided public education to more than 111,000 persons, and professional training to more than 35,000 persons from the medical, criminal justice and various social services fields. More than 193,000 calls were made to domestic violence hotlines across Illinois. Definition of Domestic Violence A pattern of coercive control that one person exercises over another. Domestic violence is not limited to physical violence, but also includes verbal abuse, emotional abuse and economic abuse. It can be progressive social isolation, deprivation and intimidation. Domestic violence is a power game; its purpose is for the abuser to control the victim in whatever form(s) it takes. About 95 percent to 97 percent of the domestic violence cases have women as the victims and men as the perpetrators. For the purposes of this publication, male pronouns are used to refer to the perpetrators and female pronouns are used to refer to the victims of domestic violence. Confidentiality Confidentiality is a critical component when providing any type of services to victims of domestic violence. A victim's trust, willingness to reach out for assistance, safety and self-determination hinges on strict adherence to confidentiality. A victim will not reach out for assistance if she feels her request will be discussed with others. Any agency providing information and referrals to victims of domestic violence should have guidelines in place concerning professional ethics and boundaries with regard to confidentiality. Types of Domestic Abuse Physical Abuse pushing, punching, choking, burning, shooting, dragging, restraining, locking in the house, throwing down stairs, kicking, poking, slapping, cutting, tripping, raping, holding down, hair pulling, squeezing, suffocating, kidnapping, etc. Verbal Abuse name calling, yelling, making demeaning comments, nagging, cussing, threatening, belittling, constant phone calls, actively undermining her authority with children, telling her that she is a bad parent, telling her she can't control her kids, setting her up so that he can humiliate her in public or in front of family and friends. Sexual Abuse making degrading sexual comments, forcing sex, assaulting breasts or genitals, forcing a partner to have sex with a third person, criticizing appearance, bragging about infidelity, forced cohabitation. Emotional Abuse making threats of violence, forcing her to do degrading things, controlling her activities, frightening her or using her children or grandchildren as leverage against her, killing a family pet, creating crisis, embarrassment, threatening to tell others about sexuality in the case of gays/lesbians. Financial (Economic) Abuse destroying property, prized possessions, relatives' property; taking her money; denying her money; restricting access to household finances and withholding medical treatment; not allowing her to work or attend school; forcing her to work. Neglect omitting or failing to do what a reasonable person should do under the circumstances, including failure to provide food, shelter, clothing and personal hygiene to a dependent person who needs such assistance; failure to take care of the needs of the dependent person; and failure to protect the dependent person from health and safety hazards. 24

28 Verbal Abuse and Controlling Behavior Verbal abuse and controlling behavior occur early in a relationship and continue throughout as it increases in severity. Victims often report that this type of abuse is more difficult to heal from than the physical injuries because the abuse is such a betrayal of trust and injurious to self-esteem. Its purpose is to undermine the victim's independence, make her feel bad about herself, and get her to take the responsibility for whatever is wrong. Controlling behavior can begin with dating relationships and continue for a long period of time. It is initially interpreted as love by both the abuser and victim. These behaviors include jealousy, mistrust, obsession, isolation and sabatoge of the victim. Cycle of Violence Phase 1 Buildup or Escalation The buildup or escalation phase is when the batterer is building up his stress and tension. Arguments are unresolved. Resentments are saved and built up. Problems are not dealt with. Feelings are kept in and turned into anger, or the abuser may become increasingly more controlling or cruel without exhibiting anger. Many batterers increase their alcohol/drug use and try to avoid conflict. This is when the cues start to occur. This phase can be of a long or a short duration. The higher the stress and buildup, the harder it is to take time out and avoid abusive behavior. The woman tries to calm the man by becoming nurturing and compliant, either anticipating his every want or staying out of his way. She accepts his abusiveness as legitimately directed toward her, and she believes she can prevent his anger from escalating. She becomes his accomplice by accepting some of the responsibility for his abusive behavior by: not permitting herself to get angry with the batterer. using her psychological defense of denying her own anger at being unjustly hurt both psychologically or physically. minimizing the isolated violent incidents. denying her terror of the inevitable battering. She believes she has control over his behavior. As the tension builds, it becomes more difficult to make the coping techniques work, so she withdraws or blows up at him. As she withdraws or escalates herself under the stress, he looks for an expression of her anger and the tension continues to escalate. Phase 2 Acute Battering This phase begins when the abusive or violent behavior occurs, characterized by the purposeful discharge of tensions. This includes all abuse, whether minor or severe. The batterer tries to control the situation with his abuse and generally justifies his behavior. He thinks he has a lack of predictability and lack of control. The abuse may get worse if the batterer finds it hard to keep control of the situation and/or partner. If she resists, the batterer may become more violent. Sometimes the woman will provoke the batterer because she can no longer tolerate the overwhelming stress and fear. She doesn't feel the pain as much as she feels psychologically trapped and unable to flee. She often minimizes her injuries. After the incident she may feel listless, depressed and helpless. She often tends to isolate herself for 24 hours to several days before getting help. Phase 3 Sorrowful or Conditional Remorse The period following the abuse has been called the honeymoon or sorrow phase. This phase is often characterized by an unusual calm. The batterer may feel physically relieved and be sorry or shameful. He tries to make it up to her by behaving in a constantly charming and loving manner. Gifts and promises of better behavior are common. He often apologizes, begs her forgiveness, and tries to be affectionate. He promises never to do it again and believes he can control himself from now on. If she has left, he pleads to get her back, often enlisting family and friends. He promises anything, even going for couples counseling or to a treatment program for batterers. His reasonableness supports her belief he can change. She gets a glimpse of her original attraction to him and identifies the good strong man she loves. She will do anything to patch things up, and he reminds her that he needs her and may commit suicide if she doesn't come back. This is where symbiotic bonding takes hold. She is not getting all the rewards of being married and is bought off as an accomplice to her battering, which adds to her self-hatred and embarrassment. This phase gets shorter after several incidents. The apologies and promises become worthless. The abuser begins to blame his partner more and more. For some women, this phase ceases to exist. For others, there never is a sorrow/de-escalation stage; instead, they endure an endless cycle of violent incidents without any acknowledgment of wrongdoing. 25

29 Characteristics of Batterers and Victims Batterers Batterers are found in all socio-economic levels, all educational, racial and age groups. The batterer is characterized by poor impulse control, explosive temper and limited tolerance of frustration. Veiled symptoms of character logic dysfunction; sophistication of symptoms and success at masking dysfunction vary with level of social and educational sophistication. Emotional dependency subject to secret depressions known only to family. Limited capacity for delayed reinforcement, very now oriented. Insatiable ego needs has quality of child-like narcissism (not generally detectable to people outside the family group.) Low self-esteem, perceived unachieved ideals and goals for self, disappointment in career even if successful by others standards. Qualities that suggest great potential for change and improvement (i.e., promises for the future ). Batterers tend to minimize and deny their violent behavior due to the embarrassment, guilt and shame they feel. They also do this because it is in their best interest to do so. They deny it so they do not have to face the criminal charges for the battering. Batterers also tend to blame others, especially the woman that they are abusing, for their violent behaviors. He shows this blame by saying things like, If only she would have dinner ready, I would not have had to hit her or She knows not to push me too far when I am in a bad mood. She should have backed off and I would not have had to hit her. Men who batter usually depend on the woman they are battering for the sole source of love and support. They expect the woman to have only him in her life. Consequently, they isolate the woman from her family and friends. This isolation may help her to avoid further violent attacks. He also is very jealous. He sees outsiders as intruders. He thinks that these intruders are here to take her away from him. He is suspicious and paranoid that she is unfaithful to him with any other man she speaks to and the women that she speaks to also. Battered Mates Battered mates are found in all socio-economic levels, all educational, racial and age groups. The battered mate is characterized by long-suffering, martyr-like endurance of frustration. Blatant depressive and/or hysterical symptoms, stress disordered and psychosomatic complaints. Economic and emotional dependency, subject to depression, high risk for secret drugs and alcohol, and home accidents. Unlimited patience for discovery of magic combination to solve problems; can travel miles on tiny bits of reinforcements. Unsure of own ego needs, defines self in terms of family, job, etc. Low self-esteem; continued faith and hope battering mate will get lucky break. Unrealistic hope that change is eminent; belief in promises. Gradually increasing social isolation, including loss of contact with own family. Can never convince partner of loyalty, futility. Guards against accusations of seductive behavior toward other men. Common characteristics include: Low Self-Esteem Battered women typically underestimate their abilities. The batterer repeatedly tells her she is incompetent and unable to function on her own. Because women often define themselves by their success or failure as a partner or mother, when things are not going well at home, even if they are successful on the job or in other areas of their lives, their self-esteem is adversely affected. A battered woman assumes responsibility for her mate's behavior. Society's belief is that he would change if only she would change (i.e., if she could stop making mistakes and do things right; if she would only close her mouth, etc., his behavior would improve.) Traditional Beliefs Typically, whether a battered woman feels that a woman's role in a relationship is to nurture the man, maintain the household and take care of the relationship, his violence soon shows her that these traditional modes of behavior keep her safer than more liberated forms of behavior. She may continue her job out of economic necessity and/or because she loves it. It may be the only respite from her husband's constant monitoring of her behavior; however, she may feel guilty about her choice. Conversely, she may give her job up either willingly or unwillingly, hoping that giving up the job will give her partner some security and he will then be happy. Frequently, this creates real economic hardship on the family, adding further stress. Some battered women turn their paycheck over to their partner, who takes over decisions about how family income is spent. Although the woman may be holding the entire family together emotionally and perhaps even financially, nevertheless, the man is still seen as the head of the house. Stress Reactions/Psychological and Physiological Problems Battered women often suffer from a variety of minor ailments such as fatigue, restlessness, sleep problems (disruption, inability to sleep) and headaches. They also may complain of depression and anxiety and are generally suspicious and secretive. Suspiciousness resulting in secretiveness is usually well-founded; these behaviors help battered women cope with violence by increasing their perception of control over their lives and the batterer, avoiding some beatings and obtaining a few moments of privacy from their excessively intrusive men. The manipulative behavior that results does help protect many battered women from more serious injury. 26

30 Minimizes Violence Battered women tend to minimize and deny the amount and intensity of the violence directed against them. The human mind can only take a certain amount of trauma; when pushed beyond the limits, memories of repeated trauma may be repressed and forgotten. Denial, the psychological defense mechanism that refused to believe that the unbelievable really has occurred, also is used by battered women as an unconscious protection. Together with minimizing the seriousness and danger of the abuse, these avoidance defenses protect the battered woman by reducing her constant fear level. Believes She Deserves the Punishment She Receives Women are socialized to believe that it is their responsibility to keep their men happy and their relationships together. Battered women begin to believe that it is their fault that they cannot fix whatever is wrong with the batterer. Each time they feel the injustice of their situation, or do something he thinks is wrong, they feel more guilty. They want to improve and sometimes even believe the batterer when he says that what he is doing is really discipline teaching her a lesson. Women whose parents said those same words when they were disciplining her are more likely to adopt the batterer's beliefs. Children Children of domestic violence are found in all socio-economic levels, educational, racial and age groups. Children in battering homes exhibit a combination of limited tolerance, poor impulse control and long-suffering, martyr-like behavior. Depression, much stress and psychosomatizing, absence from school, hidden symptoms of characterological symptoms of dysfunction. Economic and emotional dependency, high-risk for alcohol and drug use/abuse, sexual acting out, running away, isolation, loneliness and fear. Combination of poor impulse control and continual hopefulness that situation will improve. Very shaky definition of self-grappling with childlike responses of parents for modeling, poor definition of self, low self-esteem, mixture of hope/depression that there is no way out. Peer group can be most important contact if available. Increased social isolation and peer isolation. Exhibits bargaining behavior with parents; gets into proving self as does mother. Why She Stays Battered women do not stay in relationships longer than other women. More women are able to terminate battering relationships sooner with the assistance of programs for battered women. Increasingly, women do not stay. Even in cases where it appears they stay, or leave only to return time and time again, they are usually preparing to leave. In fact, women leave an average of five to seven times before they change their living arrangements. Because of the nature and intensity of the batterer's violence and threats, the battered woman leaves in stages, testing the environment to see if she and her children can safely escape and survive together. Social Isolation A major factor keeping battered women in violent relationships is social isolation. Often he has become her only psychological and emotional support system after having systematically destroyed her other friendships. Friends and family feel uncomfortable around his intimidation, hostility or violence, and withdraw from spending much time with either of them. This isolation supports her perception of his omnipotence. She has no one else (except perhaps the children) to validate her feelings and her perception of reality. Neither the woman nor the batterer may know there are domestic violence services to help them (if there are services). Where services exist, many people would never ask for help from social services, charity or the government because what happens in the family stays in the family. Services providers, including health care providers, often do not seek accurate information about injuries. When presented with an unbelievable story about the injury, many just let the matter drop. She may leave him several times before she leaves for good. Relatives become tired of helping her only to see her return to the batterer, and they become increasingly unwilling to be resources upon which she can rely. They also may be afraid of him or also may be in a state of denial. They may blame her for his violence and tell her she is a bad mother if she does not protect the children. Since this feeds into what she already knows but cannot act on, it only raises the battered woman s level of guilt. He often threatens to kill her, the children and anyone else she involves if she leaves him. In response, she usually cuts off communication with potential helpers. In her mind, she would rather take the beatings than cause others to be hurt. Having no one to talk to, people in abusive relationships rarely see themselves as battered women or batterers. The couple may realize they have problems, but may not identify the battering as being the main problem. Often, batterers and their mates identify the real problem as his drinking, or more commonly, something she is doing. 27

31 Economic Dependence Economic dependence is a powerful force that keeps many women in battering relationships: In the battered woman's eyes, it may be worth putting up with abuse to maintain economic security for herself and the children. If he has a stable income, this could be one of the benefits of the relationship. Economic conditions today afford a battered woman with children few viable options. She often has no or low-level marketable skills. Government assistance is very limited and many women know that welfare is an option affording little hope for the future. Even when she does have marketable skills, a woman still earns about 60 cents for every dollar earned by a male. Not only will she earn less if she leaves the batterer, she will have to maintain a separate household for her children and herself (batterers rarely pay child support). In addition, in the vast majority of cases, he will use every opportunity to bring her into court over and over again, thus causing her to incur legal fees or lose the children, the house, car or anything else she values. If children need special attention (physical or behavioral) she is rarely able to provide funds for these needs on her own. The batterer may control the couple's money. She may have no access to cash, credit cards, checks or important documents, or even if she has access, she must account for every penny spent. Even women who have their own money separate from the batterer's may have restricted access to it. If the battered woman has a disability or other problem that will require long-term medical intervention, he may have the only health insurance from which medical bills are paid. She may fear inability to take care of the children, bankruptcy, institutionalization or death if she does not stay with him. An elderly woman may rely on his pension and other retirement funds. She may fear that he will cut her off and she will live in poverty, become homeless, be institutionalized or die. 28

32 Law Enforcement Guide to Enforcing Orders of Protection Nationwide Full Faith and Credit In 1994, Congress enacted the Violence Against Women Act (VAWA), directing jurisdictions 1 to give full faith and credit to valid orders of protection issued by other jurisdictions (18 U.S.C. 2265). Full faith and credit requires that valid orders of protection be enforced to protect victims of domestic violence wherever a violation of an order occurs, regardless of where the order was issued. Abused persons who are granted orders of protection may now call upon law enforcement to protect them and to take all appropriate action against abusers nationwide. The abuser is bound by the terms and conditions of the order of protection and may be arrested 2 and charged with violating the order and committing other substantive crimes wherever the abuser violates a valid order. It does not make any difference where the order was granted. The abuser must be arrested for a violation of an order of protection if the law of the jurisdiction where the violation occurred requires an arrest. If an order of protection is valid in the issuing jurisdiction, it must be enforced in every other jurisdiction. Some jurisdictions grant orders: to victims who might not be eligible for orders in the enforcing jurisdiction. for periods of time longer than authorized in the enforcing jurisdiction. containing directives against abusers that might not be available in the enforcing jurisdiction. A responding officer MUST ENFORCE the terms and conditions of the order as written. Officers are not required to know the laws of the issuing jurisdiction in order to enforce orders of protection. Officers in the enforcing jurisdiction must comply with all laws, policies and procedures of their own jurisdiction concerning violation of orders of protection, such as mandatory arrest and victim notification, if applicable. When victims of domestic violence leave their homes, they and their children are at an increased risk of violence. Abusers who cross jurisdictions in pursuit of victims may be engaged in stalking, which is a significant risk indicator of lifethreatening violence. The mandate to give full faith and credit to valid orders of protection nationwide confronts law enforcement with new challenges, including the possibility of liability for failure to enforce orders of protection from other jurisdictions. Many jurisdictions have laws that provide officers with statutory immunity from liability when an officer takes reasonable action to protect a victim in a domestic violence case. Failure to enforce a valid order of protection based on the fact that it was issued in another jurisdiction may leave officers and departments vulnerable to liability. Reducing the Risk of Liability: Understand the laws of the enforcing jurisdiction related to liability. Respond in a timely fashion. Investigate thoroughly. Follow arrest laws of enforcing jurisdiction. Offer assistance and referrals to victim. Complete detailed incident reports. Charge appropriately. Follow up for victim protection. Train all law enforcement personnel. Supervise carefully to ensure victim safety. Confiscate proscribed weapons. Full Faith and Credit Orders of Protection Issuing Jurisdiction Determines: Whether an order of protection should be issued. Who is to be protected. Terms and conditions of the order. Duration of the order. 29

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34 Enforcing Jurisdiction Determines: How the order is enforced. Arrest authority of responding officer. Detention and notification procedures. Crimes charged for violation of an order. Orders of Protection Under VAWA, a protection order is defined as any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to, another person. The federal Full Faith and Credit provision applies to both criminal and civil orders of protection. Orders may vary in form, content, length, layout and names (i.e., stay away, restraining, criminal, and emergency or temporary protection order). In some jurisdictions, a certification form is affixed to the order of protection verifying that it is a valid order of the court. However, under federal law, a certification form is not required for the order of protection to be enforced. Nor is there any requirement that the order or the signature of the issuing authority be original or that there be a raised seal or stamp of the court on the document. Additionally, there is no requirement in federal law that a victim must register the order of protection in the enforcing jurisdiction before that jurisdiction enforces the order. Any order of protection should be presumed valid if all of the following apply: The order gives the names of the parties. The order contains the date the order was issued, which is prior to the date when enforcement is sought. If the order has an expiration date, the date of expiration has not occurred. The order specifies terms and conditions against the abuser. The order contains the name of the issuing court. The order is signed by or on behalf of a judicial officer. Determining Terms and Conditions of an Order of Protection After providing for victim and officer safety, it is essential that the officer read the order in its entirety. An order may state something in one paragraph and specify exceptions in another. For example, an order may state that the abuser is to have "no contact" with a victim in one paragraph, and then in another state that contact may occur to arrange for visitation with the children. In this case, if the abuser contacted the victim for any reason other than to arrange for visitation, the order was violated. Verifying Terms and Conditions of an Order of Protection Although verification is not required under federal law, it may be required by the enforcing jurisdiction under certain circumstances (e.g., the victim does not have a copy of the order). Verification may be accomplished by any one of the following methods: Confirm the elements of an order in the NCIC Protection Order File. Review the elements of an order in state or local registries of protection orders in the issuing jurisdiction. Confirm the elements by communication with the issuing court. Review the elements of an order if previously filed with designated authorities in the enforcing jurisdiction. Draw upon personal knowledge of the officer. Evaluating Enforceability of an Order of Protection An order of protection issued in another jurisdiction is enforceable when the order appears to be valid and there is probable cause to believe that a violation of the order occurred in the enforcing jurisdiction. Where enforcement requirements have not been met, the officer in the enforcing jurisdiction may not be able to arrest specifically for a violation of the order. However, other potentially chargeable offenses may have occurred. The officer should make a warrantless arrest or seek an arrest warrant related to the criminal conduct based on the enforcing jurisdiction's law. Mutual Orders of Protection Sometimes an order of protection will contain a mutual "no contact" provision, or it will direct both parties not to abuse each other. The Full Faith and Credit provision requires special safeguards for interjurisdictional enforcement of this type of protection order. Basically, it states that an order should be enforced against the respondent (person against whom the order was issued) and not the petitioner, unless the issuing court made a specific finding that each party had abused the other. If such findings were made, the order may be enforced against both parties. 31

35 Firearms Seizure/Removal Federal law prohibits an abuser subject to a qualifying order of protection from possessing firearms and ammunition (18 U.S.C. 922 (g)(8)). When an officer determines that a valid order of protection has been issued against an abuser, the officer must enforce the firearms prohibition. Seizing weapons subject to this prohibition, if allowed under state law, is essential to victim and community safety. Officers also should be knowledgeable about their own jurisdiction's law authorizing or precluding possession or transfer of weapons to third parties by a person subject to an order of protection. Summary of Federal Crimes of Domestic Violence Officers must be familiar with federal laws pertaining to domestic violence in order to assess whether federal crimes have been committed. 3 Interstate Travel to Commit Domestic Violence (1 8 U.S.C. 226) It is a federal crime for a person to travel interstate, or leave or enter Indian country with the intent to injure, harass or intimidate an intimate partner when in the course of or as a result of the travel the abuser commits a violent crime that causes bodily injury. The abuser must intend to commit the domestic violence at the time of travel. The definition of partner is broad and basically includes a person with whom the abuser has cohabitated in an intimate relationship (including a current or former spouse), or a person who has a child in common with the abuser. It also is a federal crime to cause an intimate partner to cross state lines, or leave or enter Indian country by force, coercion, duress or fraud if the abuser intentionally inflicts bodily injury to the partner during or as a result of the conduct. Interstate Stalking (1 8 U.S.C. 2261A) It is a federal crime to cross a state line with the intent to injure or harass any person if, during the course of or as a result of the travel, the traveler places the person or a member of the person's immediate family in reasonable fear of death or serious bodily injury. The definition of immediate family is broad and includes a spouse, parent, child, sibling and all household members related to the primary victim by blood or marriage. Interstate Violation of an Order of Protection (1 8 U.S.C. 2262) This law basically prohibits interstate travel or leaving or entering Indian country with the intent to violate a valid protection order that forbids credible threats of violence, repeated harassment or bodily injury. The abuser must intend to violate the order at the time of travel, and a violation of the order must occur. It also is a federal crime to cause an intimate partner to cross state lines, or to leave or enter Indian country by force, coercion, duress or fraud if during or as a result of the conduct the abuser intentionally inflicts bodily injury to the victim in violation of a valid protection order. Enforcing Orders of Protection Federal law requires that all valid orders of protection granted by a court of any jurisdiction be recognized and enforced as if they were issued by a court where the violation occurred. A responding officer must enforce the terms and conditions of the order as written by the issuing jurisdiction. The order of protection is presumed valid if it has the correct names of the parties, has not expired, and is signed by an issuing authority. It should be enforced pursuant to departmental policy and the laws of the enforcing jurisdiction. Determining Lethality Threats of homicide/suicide History of domestic violence and violent criminal conduct Stalking Depression or other mental illness Obsessive attachment to victim Separation of parties Drug/alcohol involvement Possession or access to weapons Abuse of pets Destruction of victim's property Access to victim and victim's family and other supporters Immediate Action If the named respondent committed an offense under the criminal laws in the officer's jurisdiction and/or violated the court order, the officer should arrest respondent pursuant to the enforcing jurisdiction's law and departmental policy and initiate a criminal complaint against respondent for the crime(s) committed and for violation of the order. 32

36 Referral Actions and Safety Strategies Refer victims to the local domestic violence program or the National Domestic Violence Hotline: SAFE, (TTY). Inform citizens about the Crime Victim s Compensation Program and provide an application. Address transportation and housing needs of victims by making appropriate referrals to community services. Refer victim to the appropriate court or victim advocacy agency to obtain assistance in enforcing the economic provisions of an order, such as child support enforcement. Assist victims in strategically planning for their safety. Notify victims of their legal rights in the enforcing jurisdiction. Technical Assistance Technical assistance is available to law enforcement and victims of domestic violence to answer specific questions and to facilitate effective enforcement. Assistance to Victims of Domestic Violence National Domestic Violence Hotline: SAFE, (TTY), 24 hours/day, for referral to state and local programs) Full Faith and Credit International Association of Chiefs of Police: 800-The-IACP Full Faith and Credit Project: Battered Women's Justice Project: , ext. 2 Tribal Legal Issues Sacred Circle: Mending the Sacred Hoop: American Indian Law Center: Northern Plains Tribal Judicial Institute: Footnotes 1. The term "jurisdiction" is used to refer to a state, the District of Columbia, a commonwealth, territory, or possession of the United States, and to Indian tribes. 2. For tribal law enforcement technical assistance regarding arrest, contact Sacred Circle. 3. Legislation is being considered that may change some of the laws. Contact the U.S. attorney in your jurisdiction for an update. Federal law defines State to include: a State of the United States, the District of Columbia, a commonwealth, territory, or possession of the United States. 37

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38 Printed by authority of the State of Illinois. July M CC 94.1