High Conflict vs.

High Risk In Family Court: Reading the Red Flags

Stephen E. Doyne, Ph. D.

A Tragic End to A Domestic Violence Relationship



History: Lucy Nash: Bill Hoffine raped me on our first date (1988), but I thought it was my fault. It started when I was pregnant hed call, drunk, and ask me to get an abortion. Evan was born August 18, 1989: I knew when it was a boy Id never be free of Bill.

Family Court History



In 1991, Hoffine went to court to establish paternity Physical custody was granted to Lucy with visitation to Bill, with joint legal to both parents Within a year, Bill was back in court blaming Lucy for violating the child sharing agreement Lucy wrote Bill: Accept the fact that some issues will never be resolved to your satisfaction as I have get on with your life.

Abuse of Process


Family Court litigation continued throughout Evans life, primarily initiated by Bill Bill remained obsessed with control of Evan over visitation, school, and extracurricular activities Over the years, the father threatened legal action against Evans kindergarten teacher, his elementary school principal, the San Diego City Schools, three mediators, and several therapists The father never paid support and the mother recently was granted arrearages of the attorneys fees totaling $60,000 dating back to 1995

Evan Nash was enrolled in the Sea Cadets, a scouting like Navy program, from 2000 2002. Evan was said to have loved the Sea Cadets, but his father wanted him out of the program.

Evan Nash (1989 2003)



A kind, well-liked boy who endured his fathers emotional wellabuse but, as a result, suffered from depression Several times, his father had literally thrown him out of his house, telling Evan he never wanted to see him again Lucy proved stability for Evan in contrast to Bills emotional abuse Evan loved the Naval Sea Cadets, was forced to leave the program A depressed Evan wrote his mother recently: You have no idea what it is like with Dad I fell like life is not important if there were a gun in the house Id be dead

Triggers
 

 

Lucy had been awarded arrearages and fees The father had recently filed for bankruptcy and his company had folded Bill had told Evans therapist that he was suicidal The next day, Evan told his therapist that Bill was suicidal and he was afraid hed be harmed as well Therapist warns Lucy of Bills suicidal threats and possible harm to Evan, urges she get a restraining order Bills message to Evan: I will never go to jail tell Lucy to call her attorney and stop it (Legal action for support) Finally, the father threatens Evan, Tell your mom You wont see Evan unless you stop the legal action

Restraining Order Served. Weapons Remain with the Father



 

The mother files for a restraining order with weapons to be removed, but hopes it doesnt set him off The mother explains I almost didnt get it (the order) the facilitator said there had not been acts of violence only mental The Court grants the order Bill is served and is to surrender his three handguns within seven days by September 4, 2003 Lucy never knew the restraining order had been served on Bill and went to her sons school, September 4th only to find Bill had murdered Evan The father holds the SWAT team off for ten hours and then kills himself Bill called everybody he knew the day of the standoff and said Id put him through 14 years of hell, telling Lucys brother, Ive killed Evan. Lucy got a notice in the mail the day after her sons death that the restraining order had been served

Man Kills Son

Domestic Violence Is Not Only About Physical Abuse The focus of family violence is controlling the victims, primarily women and children, by threats, intimidation and/or violence The ultimate punishment here to the mother was killing Evan Domestic homicide is rarely out of the blue as Gavin de Becker states in The Gift of Fear (1997): Killing a wife is usually a decision, not a loss of control.

Red Flags for Assessing Lethality

Peter Jaffe, (2003) Separation (The most dangerous period for abused women) Threats of homicide or suicide Fantasies of homicide or suicide Depression Access to weapons Obsessiveness about partner for family Centrality of battered partner to batters view of life Drug or alcohol consumption Escalation of violent behavior Hostage taking

         

Danger Assessment: Risk Factors for Femicide in Abusive Relationships Jacquelyn Campbell, Ph.D (2003)


 

Previous physical violence against the victim is the primary risk factor Comparing femicide perpetrators with other abusive men, unemployment was the most important demographic risk factor Gun availability increases homicide risks Women who separated from the abuser after cocohabiting increased the risk, particularly if the abuser was highly controlling

Lethality Reviews Washington State Domestic Fatality Review Margaret Hobart (2002)
    

55 battered women 2 male domestic violence victims 14 friends and family 1 police officer 6 children of battered women

Key Recommendations


All courts issuing civil Protection Orders should establish advocacy in their Protection Order offices and ensure that advocates have extensive training in how to assist women in safety planning Domestic violence programs should increase their outreach and services to friends and family of domestic violence victims in order to increase the capacity of people in the community to support battered women

Key Recommendations


Sentences for domestic violence offenders should send a clear message that domestic violence is a crime and abusers will be held accountable. Because the bulk of domestic violence cases are prosecuted as misdemeanors, any additional funding directed toward the criminal justice system for improving response to domestic violence should be put into probation and post-sentence supervision for misdemeanor postdomestic violence cases.

Key Recommendations


Law enforcement agencies should be mandated to work with their community to come up with a plan for providing equal protection and access to Limited English Proficient individuals in their community. Courts should employ well-trained evaluators who can provide wellassistance to judges in civil proceedings by conducting thorough assessments for domestic violence and providing recommendations regarding custody and visitation that protect the safety of domestic violence victims and their children

Key Recommendations


In order to increase judicial accountability to the community, the state should provide funding (or seek federal funding) for court watch programs. These programs should be based in local domestic violence agencies or collaborate closely with them. Health professionals, psychologists, counselors, suicide specialists, batterers treatment providers, medical providers, law enforcement, prosecutors, mental health professionals and domestic violence advocates should work together to establish protocols for identifying the combination of suicide and domestic violence and responding in ways that minimize the danger that suicidal domestic violence abusers post to intimate partners, children and others.

Compassion Fatigue in Judges: Does the Black Robe Insulate Us from Burnout?
Honorable Michael A Town Circuit Court, Hawaii (2003)
 

I remember each of the victims names Compassion fatigue or vicarious trauma is The experience of a professional developing trauma symptoms as a result of responding to victims of trauma. 63% of 105 Judges responding to a survey (out of 500 attending four family domestic violence conferences) responded to symptoms of having compassion fatigue Females reported greater symptoms than male counterparts

Coping with Vicarious Trauma (2003)



  

Know your ABCs: Awareness, Balance, and Connection Maintain a healthy lifestyle Keep boundaries: leave cases at work Communicate with colleagues/family and friends talk/listen/emote Have a spiritual and/or community grounding that sustains you Have counseling resources available

Conclusion:
Honoring Evans Life by Learning from His Death Threats
Take threats at face value treat each as a murder in the making unless proven otherwise; seek restraining orders

Guns
With restraining orders, gun pick-up orders pickin most states are immediate Lucy wants this message heard: Remove the weapons when restraining orders are served

Conclusion:
Honoring Evans Life by Learning from His Death Mental Health
Suicidal people can also be homicidal mental health/risk assessments need to be done to protect victims from possible harm

Warn
Warn victims and alert authorities (Tarasoff); police reports need to be made for criminal threat attempts. Courts should consider civil commitment or commitment pending prosecution.

Conclusion:
Honoring Evans Life by Learning from His Death Safety Plan
Ideally, a written safety plan should be given to the family

Family Justice Center vs. Family Court

Family Justice Center provides a comprehensive plan for Domestic Violence victims.