Hear My Voice – Domestic Violence Month
Today we begin our Domestic Violence Awareness month in partnership with the Family Violence Coordinating Council. There will be several on-campus activities throughout October to raise campus awareness and to provide resources for those in our community. Please take a moment this month to go down to the Atrium to our memorial display to view the names and read the stories of the women, men and children who lost their lives in Minnesota as a result of Domestic Violence. During the month of October you will receive a daily email highlighting one of the 23 victims who died from domestic violence in 2014.
Family Violence Coordinating Councils.
In 1997, the legislature set guidelines for family violence coordinating councils and authorized a judicial district to establish a council for the purpose of promoting innovative efforts to deal with family violence issues. The chief judge of the district is to appoint members of the council. The council is to develop a plan for coordinating activities of its membership relating to family violence issues and improving activities and services, including training and system issues, the delivery of services, approaches and needs in different demographic populations, protocols for investigation and prosecution of domestic abuse, coordination of city and county prosecutorial efforts, evaluation of the handling of domestic abuse matters, and coordination for family, juvenile, and criminal court proceedings involving family violence issues. Minn. Stat. § 484.79.
Sentencing for domestic assaults.
A person who is convicted of a gross misdemeanor domestic assault must be sentenced to a minimum of 20 days imprisonment, and at least 96 hours of the sentence must be served consecutively. The minimum sentence may be stayed on the condition
that the person sentenced complete anger therapy or counseling and fulfill any other condition ordered by the court. In sentencing a person who is convicted of a domestic assault felony, the court must presume that a stay of execution with at least a 45-day period of incarceration as a condition of probation shall be imposed and that at least 15 days must be served consecutively. Also, in felony cases, if the defendant’s criminal history score indicates a presumptive executed sentence, that sentence must be imposed unless the court departs from the sentencing guidelines as provided by law. Minn. Stat. § 609.2243
Restrictions on firearm possession.
No person who has been convicted of domestic assault in Minnesota or elsewhere, violating a domestic abuse OFP, or stalking may possess a pistol unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of another violation. Additionally, if the sentencing court determined that the person used a firearm in any way during the commission of the domestic assault, stalking, or OFP violation, the sentencing court may prohibit the person from possessing any type of firearm for at least three years and up to the remainder of the person’s life. It is a gross misdemeanor offense to violate these restrictions. Minn. Stat. §§ 518B.01, subd. 14; 609.2242
Violation of a harassment restraining order.
Victims of harassment may seek and obtain civil relief from harassment under the harassment restraining order law. Harassment can include harassing acts directed toward a family or household member, but there is no requirement that the person for whom protection is sought be a family or household member. The procedures for
obtaining a harassment restraining order are similar to the procedures for obtaining an OFP. Relief granted by a restraining order must be for a fixed period not to exceed two years, except in cases where the respondent has repeatedly violated an order or has been subject to multiple orders, relief may be granted for up to 50 years.
A person who knowingly violates a harassment restraining order commits a misdemeanor. The penalty is a gross misdemeanor if the person knowingly violates the restraining order within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency. The penalty is a five-year felony if the person knowingly violates the order within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency.
A peace officer may arrest a person anywhere without a warrant, including at the person’s residence, if the peace officer has probable cause to believe that the person has committed domestic abuse within the preceding 24hours. The arrest may be made even though the domestic abuse did not take place in the presence of the peace officer. Minn. Stat. § 629.341. A peace officer must arrest without a warrant and take into custody a person whom the officer has probable cause to believe has violated a domestic abuse no-contact order or an OFP restraining the person or excluding the person from the residence or the petitioner’s place of employment, even if the violation of the order did not take place in the presence of the peace officer, if the order’s existence can be verified by the officer. Minn. Stat. §§ 518B.01, subd. 14; 629.75, subd. 3.
Recognize domestic violence against men.
Domestic violence — also known as intimate partner violence — occurs between people in an intimate relationship. Domestic violence against men can take many forms, including emotional, sexual and physical abuse and threats of abuse. It can happen in heterosexual or same-sex relationships.
Domestic Homicide and Homicide-Suicide: The Older Offender
Homicide-suicide in older couples is associated with physical illness in the perpetrator, the victim, or both. Cohen and colleagues found that many homicide-suicide perpetrators had experienced a recent perceived or actual significant decline in health before the act. Spouses facing a separation, such as a move to a long-term care residence, were even more vulnerable. In about half of homicide-suicides involving older spouses, the husband was caregiver for a wife with a longstanding disabling or terminal chronic illness. Most of the men had untreated depression or another undiagnosed mental illness, and most indicated that they could not adequately care for their wives.
Domestic Homicide and Homicide-Suicide: The Older Offender
Spousal homicide-suicide occurs most frequently in the older population. Recent studies conducted in the United States showed that spousal homicide-suicides by offenders aged 55 and older account for at least one-third of total annual homicide-suicide deaths. In Canada in the past decade, 41 percent of spousal homicides involving victims aged 65 and older ended in the suicide of the (older) offender, higher than the level of homicide-suicide across all age groups of spousal offenders (25%). Older men were much more likely to kill their spouses and then themselves (51%) than were older women (14%).
Domestic assault by strangulation.
A person is guilty of a three-year felony if the person assaults a family or household member by strangulation. “Strangulation” is defined as “intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.” Minn. Stat. § 609.224.
Who does domestic violence happen to?
About 95% of victims of domestic violence are women. Over 50% of all women will experience physical violence in an intimate relationship, and for 24% – 30% of those women, the battering will be regular and on-going. Every 15 seconds the crime of battering occurs.* Most abusers are men. They may seem gentle, mean, quiet or loud, and may be big or small. There is some evidence that shows that boys who grow up with domestic violence in the home may become abusers as adults; however, many abusers are from non-violent homes, and many boys from violent homes do not grow up to be abusive.
* See National Coalition Against Domestic Violence General Information Packet (statistics as of 2007)
What is second-degree murder?
A person is guilty of murder in the second degree if the person causes the death of another, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for Protection (OFP) and the victim is designated to receive protection under the order.
More than 3 million children witness domestic violence in their homes every year. Children who live in homes where there is domestic violence also suffer abuse or neglect at high rates (30% to 60%). Children exposed to domestic violence at home are more likely to have health problems, including becoming sick more often, having frequent headaches or stomachaches, and being more tired and lethargic. Children are more likely to intervene when they witness severe violence against a parent – which can place a child at great risk for injury or even death.
Please encourage your students to attend Tough Guise 2 – A film about Violence, Manhood & American Culture. The film will be shown in Hill Theater tomorrow night, October 13th at 6:00pm. Preceding the film there will be an short introduction. Following the film there will be discussion and Q&A with audience members.
What is Domestic Violence?
Domestic Violence is defined as the victimization of an individual or individuals resulting from abuse, attacks, or assault undertaken by their respective partners with regard to married couples, intimate partners, or individuals sharing a residence. That being said, domestic violence as a general term, is difficult to address, due to the many natures of the act; domestic violence may not only take place within a variety settings, but also through the involvement of a vast array of individuals victimized, as well. Domestic violence can be delivered as a physical, emotional, verbal, sexual or psychological attack. In addition to these various fashions, acts of domestic violence can be initiated on both partners, meaning both the male and female of a relationship. Regardless of the nature of the act, all instances of domestic violence are highly debilitating, emotionally crippling and extremely damaging to not only the aggrieved party, but also to the children, if present during the absolvent and abusive relationship.
Domestic violence is considered to be fairly expansive in nature, due to the fact that it may span a vast expanse of victims, activity, and severity applicable to individual cases. It can take place within a variety of romantic relationships, including married couples, individuals cohabitating, or individuals considered to be romantically involved an it can take place without regard to for race, religion, or ethnicity; furthermore, domestic violence may range on both a locational, as well as a socioeconomic basis. Domestic violence is not specific to sexual orientation; although less common than heterosexual domestic violence cases, homosexual domestic violence does exist. While women are cited as accounting for almost 85% of the victims of domestic violence, males are liable to become victims of domestic violence, as well.
Please take a moment this month to go down to the Atrium to our memorial display to view the names and read the stories of the women, men and children who lost their lives in Minnesota as a result of Domestic Violence. During the month of October you will receive a daily email highlighting one of the 23 victims who died from domestic violence in 2014.
Domestic Violence Awareness Campus Events are as follows:
Tough Guise 2 – A film about Violence, Manhood & American Culture
Tuesday, October 13th 6-8:00 p.m. in Hill Theater.
Killing Us Softly 4 – A film about Advertisement’s Image of Women
Thursday, October 22nd 6-8:00 p.m. in Hill Theater.
Domestic Violence Vigil
Thursday, October 29th, 10:00 a.m.-6:30 p.m. at RCTC Campus Atrium
Community Vigil – October 29th, 6:30-8:00 p.m. at RCTC Campus Atrium
Please join us in remembering and honoring the 23 Minnesotans that died in 2014 as a result of Domestic Violence and also to celebrate the survivors of Domestic Violence.