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I can get help
- I can tell ________about the violence & request they call
the police if they hear noises coming from my house.
I
can teach my children how to contact the police. I'll make sure they know our address & telephone number.
I can teach my children how to go to a_______ (eg., neighbor, business, etc.) for help if it isn't possible to use the telephone.
If I have a programmable phone, I can program emergency numbers
& teach my children how to use the auto dial.
I can use my judgment
- When I expect my partner & I are going to argue, I'll try
to move to a space that's lowest risk, such as _____. (Try to avoid arguments in the bathroom,
garage, kitchen, near weapons or in rooms without an outside exit.)
- I can also teach some of these strategies to some/all of my
children, as appropriate.
I can leave
- If I decide to leave, I will _______. (Practice how to get out safely. What doors, windows, elevators, stairwells or fire escapes would you use?)
- I can keep my purse & car keys ready & put them ________to
leave quickly.
- I'll leave money & an extra set of keys w/_______ so I
can leave quickly.
-
I'll keep copies of important documents or keys at _____.
- If I have to leave my home, I'll go to ________. If I can't
go to the above location, I can go to_____________.
- The domestic violence hotline number is ______. I can call
it if I need shelter or information.
-
If it's not safe to talk openly, I'll use______ as the code
word / signal to my children that we are going to go, or to my family or friends that we are coming.
- I'll use______ as my code word w/my children or my friends
so they'll call for help.
Planning to Leave
- I'll call a domestic violence program & get help making
my plans. The hotline number for the nearest program is ____________.
- I'll leave money & an extra set of keys w/______ so that
I can leave quickly.
- I'll keep copies of important documents or keys at ___________.
- I can leave extra clothes w/ ___________________.
- I'll keep important numbers & change for phone calls w/
me at all times. Since my partner can learn who I've been talking to by looking at phone bills, I can see if friends will
let me use their phones &/or their phone credit cards.
- I can leave my pets w/____________.
- I'll check w/ __________&________ to see who would be able
to let me stay w/them or lend me some money.
- I can increase my independence by opening a bank account &
getting credit cards in my own name; taking classes or getting job skills; getting copies of all the important papers &
documents I might need & keeping them with _______.
- Other things I can do to increase my independence include:
___________________.
- I can rehearse my escape plan & if appropriate, practice
it with my children.
After I Leave
- I can change the locks on my doors & windows.
- I can replace wooden doors w/steel / metal doors.
- I can install security systems including additional locks,
window bars, poles to wedge against doors, an electronic system, etc.
- I can purchase rope ladders to be used for escape from second
floor windows.
- I can install smoke detectors & put fire extinguishers
on each floor in my home.
- I'll teach my children how to use the phone to make a collect
call to me if they are concerned about their safety.
- I can tell people who take care of my children, including their
school, which people have permission to pick them up & make sure they know how to recognize those people.
- I'll give the people who take care of my children, including
their school, copies of custody & protective orders & emergency numbers.
At Work & in Public
- I can inform my boss, the security supervisor &/or Employee
Assistance Program about my situation. My workplace EAP number is ____________.
- My workplace security office number is_________.
- I can ask __________to screen my calls at work.
- When leaving work, I can _________________.
- When traveling to & from work, I can vary my route. If
there's trouble, I can _____________________.
- I can change my patterns — avoid stores, banks, doctor’s
appointments, laundromats &____________, places where my partner might find me.
- I can tell________ & ________ that I am no longer w/my
partner & ask them to call the police if they believe my children or I are in danger.
With an Order of Protection
- I'll keep my order of protection _________. (Always keep it on or near your person.)
- I'll give copies of my order of protection to police departments
in the community in which I live & those where I visit friends & family.
- I'll give copies to my employer, my religious advisor, my closest
friend, my children's school, day care center &________.
- If my partner destroys my order of protection or if I lose
it, I can get another copy from the court that issued it.
- If my partner violates the order of protection, I can call
the police & report a violation, contact my attorney, call my advocate &/or advise the court of the violation.
- I can call a domestic violence program if I have questions
about how to enforce a court order or if I have problems getting it enforced.
Items to Take When Leaving
- Identification for myself
- Children’s birth certificates
- My birth certificate
- Social Security cards
- School/vaccination records
- Money, checkbook, bank books, ATM cards, tax returns
- Credit cards
- Medication
- Keys - house, car, office
- Driver’s license/car registration
- Insurance papers
- Public Assistance ID/Medicaid Cards
- Passports, green cards, work permits
- Divorce or separation papers
- Lease, rental agreement or house deed
- Car/mortgage payment book
- Children’s toys, security blankets, stuffed animals
- Sentimental items, photos
- My Personalized Safety Plan
My Emotional Health
- If I'm feeling down, lonely or confused, I can call _______or
the domestic violence hotline ______.
- I can take care of my physical health needs by getting a checkup
w/my doctor, gynecologist & dentist. If I don't have a doctor, I will call the local clinic or________ to get one.
- If I have concerns about my children's health & well-being,
I can call __________.
- If I have left my partner & am considering returning, I'll
call ______ or spend time w/______ before I make a decision.
- I'll remind myself daily of my best qualities. They are: ________________________________.
- I can attend support groups, workshops, or classes at the local
domestic violence program or __________in order to build a support system, learn skills or get information.
- I will look at how & when I drink alcohol or use other
drugs.
- If I need help around my drinking or drug use, I can call ______.
- I can read one or more of the books listed in this guide's
bibliography that were written for battered women.
- Other things I can do to feel stronger are: __________.
Reduce your risk No battered woman has control over her partner's violence, but women
can and do find ways to reduce their risk of harm. This safety plan is a tool to assist you in identifying options, evaluating
those options and committing to a plan to reduce your risk when confronted with the threat of harm or with actual harm.
There's no right or wrong way to develop a safety plan. Use what applies. Change it or add to
it to reflect your particular situation. Make it your own, then review it regularly and make changes as needed.
If you can't find a safe place to keep a written safety plan where your partner won't find it,
maybe you can ask a friend to keep a copy for you. If not, you can ask your local domestic violence program to keep your plan
for you. Whether it's safe to write down your plan or not, it's still important to make one.
You don't have to figure it
all out on your own. You can ask a domestic violence advocate for help.
Using the police & the courts
Know your rights Deciding
whether to involve the police or to seek protection from the courts can be difficult. The legal system may be intimidating
and confusing and cannot guarantee your safety. You may encounter risks such as: not being believed; not having the seriousness
of the violence understood; your partner attempting to get even with you; or not getting what you need because you do not
know your rights. Still, the legal system has much to offer in providing protection. Knowing what's available and what your
rights are is an important part of planning for your safety.
Getting help from an advocate The following
sections of this guide provide basic information about what the police and the courts in New York State can do for you. But
exactly how the system works varies from one community to another, and there is no other case just like yours. For
these reasons, if you are thinking about or are already using the police or the courts, it's a good idea to contact your local
domestic violence program and talk to an advocate.
Among other things, a domestic violence advocate can tell you
how things work in your community, help you weigh the pros and cons of using the system, and "walk you through" the
entire process of making a police report, obtaining an order of protection, filing a violation, or petitioning for custody.
Using the legal system can be very frustrating.
Getting help from a domestic violence advocate can make it easier.
What can the police do for me?
How
do I know if calling the police will help my situation and make me safer? In 1994, New York State passed the Family
Protection and Domestic Violence Intervention Act which requires police departments to respond to domestic violence as the
serious crime that it is. The "mandatory arrest" provisions explained on the following pages were designed to increase the
protection provided to victims of domestic violence. You have the right to expect that if the police are called, they will
do what the law says they should do. But, as with every decision about your safety, you are the best judge of whether involving
the police is the best thing to do in your situation.
If you call the police If you call the
police, they must come to investigate. For the police to make a decision to arrest, they need to find probable
cause that a crime was committed. This means they must have enough evidence to believe that your partner committed a
crime by harming or threatening you. Among other things, evidence includes:
- 911 or emergency calls to police;
- visible harm or injury to you or your children (for example,
cuts, bruises, swelling, or torn clothes);
- damage to personal property such as furniture, walls, windows,
car, or signs of a break-in;
- messages (either on your answering machine or written) threatening
you or apologizing for having hurt or scared you;
- statements from you, your neighbors, children, family members,
or anyone else who saw or heard what happened.
Under what conditions will the police make
an arrest? New York State law requires an arrest in certain situations when a "Family Offense" is committed. Family
Offense charges apply only to cases where the victim is related to the abuser by blood or marriage (including ex-spouses),
or has a child in common with the abuser. Many communities have policies that also require arrests when crimes are committed
between unmarried couples, dating partners and gay and lesbian partners. New York City's policy, for example, includes unmarried
and same sex couples, provided they are currently living together or have previously lived together in a "family-type relationship."
- Felonies - If the police find that your
partner committed a felony against you or another family member, they must make an arrest. Felonies are the
most serious of crimes.
An example of a felony is Assault in the Second Degree, which
is an assault that results in serious physical injury like a broken bone, or an injury from a weapon causing "substantial
pain" that lasts over a period of time.
- Misdemeanors - If the police find
that a family offense misdemeanor has been committed against you or another family member, New York State law requires
arrest unless you ask the police not to arrest. But even if you ask the police not to arrest, many police departments
will still make the arrest if they have evidence of a crime.
Examples of misdemeanors are Assault in the Third Degree, which
requires a physical injury (usually more than a bruise) and "substantial pain," and stalking in the Third or Fourth Degrees,
which is where your partner repeatedly acts in ways that scare you such as following you, making unwanted phone calls, or
sending letters.
- Violations - If the police witness a violation
(sometimes called a petty offense) being committed, they have the authority to make an arrest, although they are
not required to. If the police do not witness the violation or do not choose to arrest, you can make a civilian arrest.
This doesn't mean that you must physically make the arrest, but just that you must sign a complaint against your partner.
The police may either help you with this and take your partner to the police station, or give you information on how to get
the court to take some action.
If your partner has harassed or threatened you more than once,
or if you are afraid of future harm, tell the police. It may give them the evidence they need to charge your partner with
a misdemeanor and to arrest him without you having to sign a complaint.
An example of a violation is Harassment in the Second
Degree which is when your partner verbally threatens you with harm, slaps or pushes you, but doesn't cause a physical injury.
Your statement counts as evidence The
statement you give to the police counts as evidence. Read your statement carefully. If something you think is important has
been left out, or if something is not correct, don't sign it. Ask the officers to change the written statement to
reflect what actually happened. Sign it only when it says what you want it to say.
What else can the police do for me? Even
if the police do not arrest your partner, they can:
- help you and your children get medical care and/or get to a
safe place;
- take a statement from you to document the incident, which can
be useful if you decide to call the police again or decide to go to court; and
- take photographs of your injuries or any damaged property.
Every time the police respond to a domestic violence call,
they are required to fill out and give you a copy of the Domestic Incident Report even if an arrest is not made. The reports
should include the following information:
- a Victim Rights Notice which explains your legal rights and
includes information on local domestic violence services;
- their names and badge numbers so that you can contact them
again if you have questions or need to add information to the police report; and
- if they are not making an arrest, a written explanation of
their reasons.
What if the police response isn't satisfactory?
If you aren't satisfied with the way the police are handling the situation, politely ask to talk to a supervisor. If you
need assistance, call a domestic violence program and ask them for help in dealing with the police. It's possible to bring
criminal charges by going directly to the District Attorney. If you need to do this, it's a good idea to get a domestic violence
advocate or an attorney to help you.
What is an Order of Protection?
An Order of Protection is a document issued by a court to
help protect you from harassment or abuse. In an Order of Protection, a judge can set limits on your partner's behavior. Among
other things, judges in all courts (Criminal, Family and Supreme courts) can:
- order your partner to stop abusing you and your children;
- tell your partner to leave and stay away from your home, your
workplace, and your family;
- direct your partner to have no contact with you—including
no phone calls, letters, or messages through other people; and
- order your partner to stay away from the children, their babysitter,
day care, or school.
Once an order is issued,
only a judge can change it. If the order includes a stay away provision and your partner comes to your house, he is violating
the order and must be arrested EVEN IF YOU INVITED HIM. If you want changes to an order, you must request them from
the court.
How can an Order of Protection help? While
an Order of Protection cannot guarantee your safety, it can help.
- Police are likely to make your call a higher priority if you
have an Order of Protection.
- Your partner can be arrested and put in jail if he violates
an Order of Protection.
- If you have left your home, an Order of Protection can make
it easier for you to get the police to go with you to get your personal belongings.
- If you are being stalked or harassed at work, an Order of Protection
can protect you at your job.
How
do I get an Order of Protection? Two types of courts are available to provide protection to victims of domestic violence—criminal
and civil.
Criminal Court punishes crime by imposing
fines, jail time, and/or probation. Criminal court is available to all victims of domestic violence whether or not they are
related to the abuser. However, an order of protection can only be issued after criminal charges are filed. If you are the
person who is pressing charges, the district attorney will handle the case. If charges are being made against you, you should
get an attorney to defend you.
Family Court is a civil court with the goal
of protecting you and your family. You can go to Family Court if you are legally married to, divorced from, or otherwise related
to your abuser, or if you have a child in common with your abuser. If you are eligible for Family Court, you can choose to
go to Family Court or criminal court, or both at the same time.
In addition, Family Court judges can decide issues related to
custody, visitation, and child support and order the abuser to pay for expenses related to the abuse such as medical care
and property damage.
Supreme Court is also a civil court. If you
are getting a divorce, separation, or annulment, you can request an Order of Protection at any time before the trial or settlement
is final. When an Order of Protection is part of a divorce order from Supreme Court, it is permanent and will not expire.
But getting changes in a Supreme Court order can be difficult and expensive. So you should request that the Order include
a provision that any future changes can be made in Family Court. How do I decide which court to go to? You may want to speak with a domestic violence advocate or attorney
before you decide. If you are eligible for Family Court, you may want to consider the following factors in deciding between
Family, criminal court or both.
- To get a criminal court order, there must have been an arrest
or a criminal charge
- It can be easier to get a Temporary (or emergency) Order of
Protection from Family Court. Using Family Court will not prevent you from being able to file criminal charges.
- Criminal cases require a higher level of proof of what happened
than civil court cases and often take a longer time to be decided.
- For a case to proceed in Family Court, you must follow the
case through, but in criminal court, the District Attorney can decide to follow a case through with or without your involvement.
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What can a domestic violence program do for me?
Local domestic violence programs are a vital resource, providing
confidential assistance including emergency safety services such as shelter and 24-hour crisis hotlines. But you don't
have to stay in a shelter to get help from a domestic violence program. Most programs provide a full range of non-shelter
related services.
Domestic violence program advocates have accurate information
about domestic violence and are experienced in providing assistance. They understand the criminal justice, family court, and
social services systems, and are familiar with other community resources that might be useful to you.
In addition to giving you good information, advocates can often
accompany you to court, to the police station, or to social services and provide you with practical and emotional support.
Getting help from someone who has experience working with victims of domestic violence and who knows how to work with the
different systems can make things a lot easier for you.
Available Services There are domestic
violence services available in every county in the state (see New York State Domestic Violence Programs list). Specific services may vary from one community to another, but
most programs offer the following core services.
Shelters/Safe Homes These offer a safe
place for you to stay if you are in need of emergency housing. While there, you can learn about available options and develop
a safety plan for you and your children. Every effort is made to keep the location of the shelter secret for the protection
of the families who stay there.
24-Hour Emergency Hotline Advocates are
available 24 hours a day to provide crisis intervention and emotional support, advocacy, information, admission into shelter,
and referrals if the shelter is full.
Advocacy and Other Support Services Most
programs offer some or all of the following services for women whether they are in a shelter or not: help in obtaining medical
care, legal services or referral, housing, furniture, clothing, training and educational services, employment, social services,
emergency transportation, and translation services.
Supportive Counseling One-on-one counseling
provides information, emotional support and help in identifying options and building solutions.
Battered Women's Support Groups These
groups offer a chance to be with other women who have been abused and with whom you may have a lot in common. Support groups
have helped many women feel less isolated and get good information. They can be a very safe place to talk about whatever is
on your mind.
Services for Children Counseling and support
are often available to help children understand what is happening and to give them a chance to talk about their feelings.
What other services are available?
Depending on your needs, communities across the state offer many services that can help you develop support systems,
increase your financial independence, and build educational, work-related and/or daily living skills. Domestic violence programs
are generally well informed about the services available to help you, so ask them for information and referrals. Referrals
are frequently available to:
- Educational opportunities including GED or college degree programs,
English as a second language classes, trade schools, and scholarship, grant, and stipend programs
- Programs that assist with job training and placement, professional
development, resume writing, interviewing skills, and job searches
- Culturally specific services and groups, including services
and information regarding immigrants' rights
- Health-related services including primary care, family planning,
pre-natal care, breast exams, pediatric care, and testing for sexually transmitted diseases, including AIDS and HIV
- Low-income housing programs, relocation assistance
- Alcohol/other drug recovery programs, mental health services,
children's counseling services, parenting programs, support groups through women's centers, grief groups, and Parents Without
Partners Programs
- Child protective and preventive services
Learn from the experience of other battered women
For every battered woman who has received accurate information about domestic violence or a helpful response from a mental
health counselor, self-help group member or chemical dependency counselor, there's another woman who has received inaccurate
information and sometimes even a harmful response. However well-intentioned, some counselors and helpers are not fully
informed on the issues related to domestic violence and respond in ways that may not be helpful to victims. There are, however,
a host of informed and competent services available to you.
What to look for in a counselor If counseling
is a service you want, call your workplace Employee Assistance Program or community domestic violence program for suggestions.
They may provide the service you are looking for. If not, they are likely to know of counselors who have been helpful to others.
If payment is a concern, ask for referrals to counselors who use a sliding scale fee. Of course, even the most reliable referral
doesn't guarantee that you will feel comfortable or satisfied with a particular counselor. In deciding on the right counselor
for you, look for a counselor who:
- makes your safety, rather than the relationship, the
priority, is willing to help you develop a safety plan that meets your needs, and supports your right to make your
own decisions
- believes what you say, takes you seriously, takes the violence
seriously, and doesn't judge you or make you feel ashamed about past physical or sexual abuse
- doesn't in any way hold you responsible
for your partner's violence, and doesn't encourage you to change as a way to get your partner to change
- doesn't ask you to bring your partner into the counseling session
- if you wish, is willing to involve a domestic violence advocate
- understands that domestic violence is about control,
not about anger, stress, or alcohol/other drug use
- explores the effects of all of your partner's forms of controlling
behavior on you—physical, sexual, economic, emotional and psychological abuse
- demonstrates sensitivity to your cultural or religious beliefs
- doesn't assume that you are a batterer if you "hit your
partner, too," but understands that many battered women use violence as a way to fight back or defend themselves
Keep asking for help until you get what you need No
matter who you decide to reach out to—a domestic violence advocate, employee assistance professional, counselor, friend,
or self-help group member—if you are uncomfortable with the response that you get, don't give up. With any service provider
or helper, you may have to ask more than once, or in a different way, for them to understand what you need. If that doesn't
work, FIND SOMEONE ELSE TO ASK. Then keep asking until you get the help that you need and deserve.
What about help for my partner?
Abusers often do not
accept full responsibility for their violent behavior. Instead, they blame their partners, stress, alcohol/other drugs, anger,
loss of control, an unhappy childhood, or someone or something else. But the fact is, lots of people are under stress, drink,
use drugs, get angry, or were abused as children. Yet most of these people do not choose to use violence and coercion in their
intimate relationships.
Even when batterers get help, it doesn't mean that they will
stop being violent.Battering is about an individual's decision to use violence and coercion to control his partner. Batterers
can change. But it means giving up patterns of behavior, attitudes and beliefs that they've probably had for a long time.
That kind of change doesn't come quickly or easily. Even when batterers say they want to stop and they get help, it doesn't
guarantee that they will stop battering. Regardless of what your partner does, it is important to continue to plan for your
own safety.
What if he attends a batterers program? Most
batterers go to batterers programs because the Court ordered them to go. Many say they would not have gone or stayed in the
program if they had not been court ordered. Some attend without being court ordered as a way to convince their partners to
stay or to take them back. Those abusers often drop out of the program or violate the program's rules once they feel they
are back in control of their partner. Unless an abuser is truly committed to being accountable for his behavior and to
stop being controlling, he is unlikely to change his behavior, with or without a batterers program.
Not all communities have batterers programs, and not all programs
are the same. Some provide educational classes designed to give the batterer information to identify both their physical violence
and other forms of coercive behavior, inform him that he alone is responsible for his actions, and inform him that he can
change if he chooses to. Ordering batterers to attend a batterers program is sometimes used by the courts or probation as
an additional tool for holding the batterer accountable. These programs work only with batterers, not with victims, because
they understand that involving victims may increase the danger to them and may interfere with the goal of men accepting full
responsibility for their violence and coercion. Since not all batterers programs operate in ways that put your safety first,
ask your local domestic violence program for information about the programs in your area.
While it may seem like a positive step for your partner to attend
a batterers program, there's no guarantee that he will choose to stop his violent behavior or that you will be safe. Many
men who are attending or have attended a program continue to be violent and controlling.
What about marriage or couples counseling? No
matter what your partner does, it's a good idea to plan for your own safety.According to battered women who have gone for
marriage or couples counseling, it not only doesn't work, it often makes things worse. One explanation for this is that going
to counseling together suggests that a woman shares some of the responsibility for her partner's violence, a belief that many
abusive men already have. So, couples counseling can help batterers to justify blaming their partners, and give them even
more excuses for being violent. A batterer's violence is his responsibility, no one else's. It is unlikely that he will change
unless he accepts full responsibility for his actions.
Another concern about couples counseling is that it is often
unsafe for the victims to express their feelings and discuss the violence or the relationship in front of their partners.
Many women report being threatened or assaulted after couples counseling sessions for things they said or did during the session.
Services that require victims to participate in joint sessions
with their partners, including mediation programs and alcohol/other drug family treatment programs, increase victims' risk
of physical and emotional harm and are therefore not recommended for dealing with domestic violence.
What if he stops drinking or using drugs? Even
when men who batter stop drinking or using drugs, their violence most often continues. In fact, many battered women say that
the violence got worse during substance abuse recovery. Alcohol and other drug abuse do not cause domestic violence, although
batterers often use it as an excuse. Batterers who drink or use drugs have two separate problems— battering and substance
abuse—that need to be dealt with separately.
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