
Domestic Violence
The Bedford Police Department thinks that you should be aware of the issues and dangers surrounding domestic violence. Domestic Violence occurs in many different relationships, socioeconomic backgrounds and cultures. Examples of relationships where domestic violence occur are:
| * Intimate relationships * Same sex relationships * Dating relationships (including teens) * Elderly parents and children * Siblings * Divorced/estranged couples |
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There are
many warning signs of Domestic Violence/Abuse. Violence does not end
immediately with separation as 73% of the women injured in Domestic
Violence cases were injured after separation. There is help and
information available for you to break the cycle of violence.
Personalized Safety Plan - We hope this
page may be of some assistance to you.
ARE YOU ABUSED?
Does the person you love…
* "Track" all of your time?
* Constantly accuse you of being unfaithful?
* Discourage your relationships with family and friends?
* Prevent you from working or attending school?
* Criticize you for little things?
* Anger easily when drinking ? drugging?
* Control all finances and force you to account in detail for what you
spend?
* Humiliate you in front of others?
* Destroy personal property or sentimental items?
* Hit, punch, slap, kick, shove, bite you or the children?
* Use or threaten to use a weapon against you?
* Threaten to hurt you or the children?
* Force you to have sex against your will?
THE CYCLES OF BATTERING
Defined by Lenore Walker
STAGE ONE: TENSION BUILDING
* The woman can sense her partner's "edginess".
* Little issues are smoothed over.
* The woman feels she can and must control the situation.
* She denies her anger, and may even feel she deserves what is
happening.
* In order to cope, she denies that there may be more to come and
believes she has control over the situation.
* Although she is most likely unaware of it, her anger is increasing
after each incidence of violence.
* The batterer may well know that this behavior is "wrong" on some level
and fears that she will leave the relationship.
* She may reinforce her partner's fear by withdrawing herself in order
not to "set him off" and be the subject of his/her anger. There is an
increase in the batterer's feelings of jealousy and fear, usually
increasing the brutality.
* THE TENSION RISES.
* Often the woman realizes that there will be an explosion and actually
provokes an attack in order to "get it over with" and to have it on her
terms. Then, she can feel as though she has some control over what is
happening.
STAGE TWO: EXPLOSION
* During the Tension Building stage, the batterer accepts that his/her
rage is out of control, but justifies it. During the Explosion Stage,
s/he no longer understands his/her anger. The batterer doesn't begin by
wanting to hurt the woman, but to teach her a "lesson" and gain control.
* A woman can usually retell the Explosion Stage; the batterer can
rarely retell what actually happened.
* Only during the Explosion Stage does the woman feel that it is safe to
release her anger and fight back.
* This is the shortest of the three stages, generally lasting from a few
hours to two days.
* We do not know why the batterer stops the violence in this stage.
* It is not uncommon for a batterer to wake the woman from sleeping and
begin to beat her.
* A woman will often deny her injuries and their seriousness, sometimes
to soothe the batterer so that this stage will end.
STAGE THREE: HONEYMOON
* This stage is welcomed by both parties; the batterer is sorry and
tries to make-up.
* The batterer fears that the woman will leave and becomes quite
charming and manipulative.
* The batterer believes that s/he can control the anger and will never
again hurt the woman; s/he also succeeds in convincing her (and possibly
others) of this.
* The woman wants to believe her partner and actually feels herself
getting a glimpse of her original view of how nice love is.
* The batterer plays dependent: "s/he'll fall apart without her", so
that she ends up feeling responsible for her partner as well as for her
own victimization.
* This stage is generally longer than the Explosion Stage, but shorter
than the Tension Building Stage.
EFFECTS OF DOMESTIC VIOLENCE ON CHILDREN
In general, 70% of men who abuse their female partners also abuse their
children.
Arbitrell Bowker and McFerron, "On the Relationship Between Wife Beating
and Child Abuse", Feminist Perspective on Wife Abuse, Kersti Yllo and
Michelle Bogard, eds. 1988
Nearly 70% of the children who go to shelters for battered women are
victims of abuse or neglect.
Jean I Layzer, Barbara D. Goodson and Christine Delange "Children in
Shelters", Response. Volume 9, Number 2, 1986
3.3 million children in the United States, between ages 3 and 17 years,
are yearly at risk of exposure to marital violence.
Peter Jaffe, David Wolfe and Susan Kaye Wilson (1990) Children of
Battered Women. Newbury Park. CA: Sage Publications
Studies of abused children in the general population reveal that nearly
half of them have mothers who are also abused, making wife abuse the
single strongest identifiable risk for child abuse.
Lenore Walker, Ed.d The Battered Woman Syndrome, New York: Springer
Publishing Company, Inc. 1979
In 1992, an estimated 1,261 children died from abuse or neglect. This
means that more than 3 children died each day in the United States as a
result of maltreatment.
National Committee for Prevention of Child Abuse, 1993
In a study of juvenile offenders, 63% of those incarcerated for murder
had killed the men who had beaten their mothers.
Peggy Sissel, Public Education Coordinator with the National Coalition
Against Domestic Violence
A comparison of delinquent and nondelinquent youth found that a history
of family violence or abuse was the most significant difference between
the two groups.
Miller (1989) "Violence By and Against America's Children", Journal of
Juvenile Justice Digest, XVII (12), p.6
Boys who witness family violence are more likely to batter their female
partners as adults than are boys raised in non-violent homes.
Girls who witness their mother's abuse have a higher rate of being
battered as adults.
"Battered Families…Shattered lives", Georgia Department of Human
Resources. Family Violence Teleconference Resources Manual, January 1992
Children in homes where domestic violence occurs are physically abused
or seriously neglected at a rate 1500% higher than the national average
in the general population.
National Woman Abuse Prevention Project, Washington D.C.
As violence against women becomes more severe and more frequent in the
home, children experience a 300% increase in physical violence by the
male batterer.
Strauss and R. Gelles, Physical Violence in American Families. 1990
Children from violent families can provide clinicians with detailed
accounts of abusive incidents their parents never realized they had
witnessed.
Peter Jaffe, David Wolfe and Susan Kaye Wilson (1990) Children of
Battered Women. Newbury Park. CA: Sage Publications
Batterers may abduct their children as a way of retaliating against
their former spouses or partners.
It has been estimated that in more than half of the kidnappings of
children by parents in this country, the abductions occur in the context
of domestic violence.
In most cases, parents who are searching for their child, abducted by
the other parent, are white, female, have reported a history of domestic
violence and are the custodial parent.
Geoffrey Greif and Rebecca Hegar, "When Parents Kidnap: The Families
Behind the Headlines", 272, 1992
Sixty-two percent of sons over age 14 were injured when they attempted
to protect their mothers from attacks by abusive male partners.
Interviews with children living in battered women's shelters show that,
within a one year period, 85% of these children had stayed twice with
friends or relatives, and 75% over age 15 had run away at least twice.
Maria Roy, Children in the Crossfire, 1988
In homes where domestic violence occurs, fear, instability, and
confusion replace the love, comfort, and nurturing that children need.
These children live in constant fear of physical harm from the person
who is supposed to care for and protect them. They may feel guilt at
loving the abuser or blame themselves for causing the violence.
"Domestic Violence, Understanding a Community Problem", National Woman
Abuse Prevention Fund
Protective Orders/Restraining Orders
It helps to know the law....
It is against the law for your spouse/partner to:
* Assault you (RSA 631:1,2,2-a);
* Threaten you so that you are placed in fear (RSA 635:2);
* Force sexual contact or relations on you against your will (RSA
631:1,2,2-a,4 RSA 632-A);
* Enter your residence or home against your will, if you are living
separately (RSA 635:2);
* Inflict false imprisonment (RSA 633:3);
* Destroy or threaten to destroy your property (RSA 634:1 or 2)
If any member of your household or your spouse, ex-spouse, partner or
ex-partner or someone you have dated or are dating has done any of these
things to you, you may seek the help and protection of the court and the
police. You may ask the courts to order the abusive person to stay away
from you and to stop abusing you. Separately, but in addition, you may
also ask the police to file criminal charges against the individual.
There is a special law in New Hampshire designed to protect any adult
against domestic violence. The law is RSA 173-B. Additionally, minors
can petition the court for restraining orders against persons whom they
are currently or formerly involved in a romantic relationship with,
regardless of whether or not the relationship was sexually consummated.
To use the law, you do not have to be married to, or ever have lived
with the person who abused you. The law protects you from abuse by
current or former sexual or intimate partners as well as past or present
household or family members. You do not have to file for a divorce; you
do not need a lawyer; and you do not have to pay any court fees.
The court can give you emergency protective orders if you can show that
you are in immediate danger of being abused. The court may issue
immediate orders, directing the abusive individual not to abuse you and
not to have any contact with you, enter your residence, place of
employment or school. The court may also grant you temporary custody of
your children. These orders may be issued the same day you file your
papers and will become effective as soon as the police give (serve) a
copy of them to the abusive person. These orders will be in effect
throughout the State of New Hampshire. (Also, the State of New Hampshire
honors restraining orders issued from other states.)
The abusive person will be directed to turn over to the police any
deadly weapons he/she used to threaten or harm you.
Copies of these emergency orders will be sent by the court to the police
department for service to the abuser.
If you need a protective order and the court is closed, the Manchester
Police will assist you in filing for an emergency order. The law allows
you to do this so that you can seek protection from abuse when a court
is closed.
When this service is needed, you must contact the police. A police
officer will assist you in filling out forms that document the abuse.
The police officer will then call a judge on your behalf and read to the
judge what you have written on the form. If the judge believes you are
in immediate danger he or she can issue a protective order over the
phone. The police will then attempt to serve the order on your abuser.
However, these types of orders (telephonic orders) will only be
effective, once served, until the close of the next regular session of
the court. Then you must appear before a judge to ask for a new
temporary order.
Once a protective order is in effect against the abusive person it is a
crime, and contempt of court for this individual to violate the order.
If the abusive person violates a protective order by committing assault,
criminal trespass or another criminal act, the police must arrest and
prosecute him/her. It is a crime when a person is aware of a restraining
order and does something the court ordered him or her not to do. This
includes acts of harassment or any kind of retaliation.
In addition, you may take the abusive person back to court on a charge
of contempt. A contempt hearing must be held within fourteen days, and
if the individual is found guilty, he/she may be fined or put in jail.
The above entries describe emergency protective orders. In addition to
emergency protective orders, you may ask the court to issue final orders
that would continue the previously ordered conditions. Also, final
orders can include orders granting you temporary custody of children,
and orders that the abuser pay support for them (if legally responsible
to do so). Also in a final order the judge can grant you use of any
jointly owned property including your residence, household furniture and
your automobile.
Moreover, the judge can order the abusive individual to pay you for any
out-of-pocket expenses you incurred as a result of an attack, such as
hospital, doctor or dentist bills, lost wages etc.
Also, final orders will restrain your abuser from intimidating or
threatening you, your relatives (whether or not they live with you) or
your household members, (if appropriate).
In addition, the judge may direct the abusing party to engage in a
batterer's program or a personal counseling program.
The court may issue these orders after a hearing where you proved to the
judge you have been abused. Final orders remain in effect for one year.
At the end of the year, you may go back to court and ask the judge to
extend the protective orders if you still fear possible abuse.
How to Get a Restraining Order:
Go to a court, which can help you. You may get restraining orders at a
District Court, or a Superior Court. (Merrimack District Court, Town
Hall Building, Baboosic Lake Road, NH, Tel. #424-9916;
Hillsborough County Superior Court 300 Chestnut St. Manchester, NH Tel.
#669-7410)
If you have left your home and are temporarily living in a place to
escape abuse, you can go to the court closest to your temporary home.
The court will keep your new address confidential. If you move while the
case is pending, you may ask the court to transfer the case to the court
most convenient to you (community where you're new home is located).
Ask the clerk of court for a domestic violence petition. The clerk will
give you the form and may help you fill it out. Simply write down what
happened to you, detailing the circumstances of abuse. You will have to
swear that what you have written is true.
If you ask for emergency orders, the clerk will take the papers to a
judge. When you see the judge, tell him/her as simply and honestly as
possible what happened to you, and why you are in danger. If the judge
finds that you are in danger, he/she may immediately issue protective
orders. These orders will be faxed by the court to the police, where
they will then be served to your abuser. The police must serve the
orders on your abuser in order to be in effect.
Hearing on Your Petition:
A full
hearing will be held on your petition within thirty days of when you
file it, or within ten days of the date the petition is served on the
abusive person, whichever is later. At the hearing, you will have to
testify before the judge about what happened and why you want the
restraining order. Your abuser will have an opportunity to provide
information to the judge. Thereafter the judge will make a decision
based on all the evidence provided. Therefore, it is important for you
tell the judge what happened to you that caused you to file for the
protective order. In addition, if applicable, bring witnesses, medical
records and other official documents for the judge to see. The judge
will be making a decision on all the facts presented.
Filing Criminal Complaints:
In addition to getting protective orders, you may also ask the police to
help you charge the abusive person with a crime. The Bedford Police
Dept. is available twenty-four hours a day and is bound by law to use
"all means within reason" to prevent domestic abuse.
If the police have probable cause to believe that you have been abused
as defined in RSA 173-B:1 I within the past six hours by a current or
former spouse, partner, household member, etc. they may immediately
arrest the abusive person. Also, if your abuser has committed the
offense of stalking against you, the police can also arrest him within
six hours of the event. If it has been more than six hours, the police
cannot make an arrest on a misdemeanor charge without a warrant.
If the police do not make an arrest within this six-hour period, you may
file a criminal complaint against your abuser. To do this, call the
Bedford Police Dept. at 472-5113 to file a report. Once an initial
report is taken by the police, your case will be assigned to a member of
the department's domestic violence unit for follow-up. The unit member
will assist you in filing criminal charges by drafting an affidavit and
warrant for the arrest of your abuser. Please note that in any emergency
situation you should call 911.
Emergency Shelter and Assistance:
If you need to physically remove yourself and your children from danger,
help is available. In addition to the assistance that can be offered to
you by the Bedford Police, you may call the YWCA Crisis Service at
625-5785 or 668-2299. The YWCA Crisis Service, located at 72 Concord St.
in Manchester, NH is a non-profit program providing a twenty-four hour
crisis line, emergency housing, court advocacy, hospital and police
accompaniment and support groups for survivors of domestic abuse.
Questions and Answers
This section will attempt to answer some of the more common questions
asked by people who are in potentially volatile situations. These
questions and their answers are geared towards people who live in the
Town of Bedford.
Where can I get a Protective Order?
You should be able to get a Protective order at your district court. If
you live in Bedford, you can go to the Merrimack District Court, Town
Office Building, Baboosic Lake Road in Merrimack.
How can I get my stuff out of our apartment/house?
If you live in Bedford you can call the Police at 472-5113 and ask for a
CIVIL STANDBY. These generally last 5-15 minutes. The Officer will
standby while you gather essential items. If the 2nd party/person is not
at home the Police will not allow you to gain unauthorized entry.
My protective order says that my significant other can't see the kids
but I want him/her to be able to see them. What do I do?
At the final hearing for your Protective Order, you need to make that
wish clear to the Judge. You can also go to Family/Superior court and
have custody proceedings started.
Why do I need a Protective Order if there are bail conditions that the
offender has to stay away from me?
In the State of New Hampshire, Police cannot arrest a person for
violating their bail conditions unless the violation occurs in the
Officer's presence. A protective order is something that you can also
carry with you, give to schools/daycare and is more easily enforced by
the Police.
I was assaulted last night by my significant other. I called the Police
but he/she wasn't arrested. What am I supposed to do now?
Call the Bedford Police at 472-5113. We will set up an
appointment with you so that you can come in and file a criminal
complaint for that person to be arrested.
My significant other was arrested and I got a Protective order but, now
he/she is calling/writing me from jail. What can I do?
You can call the Police and make a report of "Violation of a Protective
Order." Make sure to write down dates, times and locations so that the
Officer will have all the details.
My significant other got arrested but I really only want him/her to get
counseling. Who can I talk to about that?
You can call the Merrimack District Court. They also are part of our
team. They are the Domestic Violence Project. Their number is 424-9916.
You can ask to speak with an advocate about your case and tell that
person your concern.
My significant other got arrested and now I am going to court to get a
Protective Order. He/she has my house/car/etc. keys. How can I get them
back?
When you go to get the Protective Order, tell the Judge about this. Ask
to have your keys/other essential items returned. The Judge will
generally put that on your Protective Order.
I got a Protective Order but it still hasn't been served on the other
person. What is going on?
Several things could have happened:
* the person may have moved and the Police in that town aren't aware of
your order
* the person may be avoiding service by not coming to their door when
the Police arrive. Please supply the Police with that person's work
address, if you know it, and any other locations that you know they go
to often
* the Police Department may not have your order yet. If that is what you
are told you need to call the court where you got the order and find out
what the problem is.
I got a subpoena to appear in court. I do not want to go and a friend
told me that nothing would happen if I didn't go. What's the story?
You need to be aware that if you do not show up for court and you have
gotten a subpoena you could be arrested. If you are thinking about not
showing up, please call us at the Police Station and we will talk with
you about WHY you aren't going to come. Maybe we can help you.
What can the Domestic Violence Unit do to help me?
The D.V. Unit at Bedford Police Department can:
* Give you information concerning your abusers arrest
* Update you on happenings in your case
* Inform you of when the court date will be for the criminal trial
* Offer suggestions as to how to stay safe if your abuser is out on bail
or was not arrested
* Refer you to the YWCA if you need a safe place to stay
* Explain the difference between bail conditions and a Protective order
* Offer suggestions if your relationship is becoming violent
* Take pictures of your injuries a few days after the initial report was
made
* Help you make a criminal complaint against your abuser
* Tell you what to expect from the court proceedings if there is going
to be a trial
* Follow-up with you at your home if you are disabled or have some other
serious medical condition that prevents you from getting to the Police
station
People have different concerns and questions during this stressful and
frightening time in their lives. If we have not addressed yours, please
call us : 472-5113. If we have addressed your concerns and
you still have questions please call us as well.