A Virginia group is working to ensure abusers can't use the courts to keep harming their victims.
Commonly called "abusive litigation," these come in the form of lawsuits aimed at drawing a victim back into contact with their abuser.
The National Coalition Against Domestic Violence finds in 2020, almost 34% of women and around 29% of men in Virginia experience domestic violence.
Susheela Varky, director of family advocacy with the Virginia Poverty Law Center, said going into a courtroom to seek out a protective order isn't always easy for victims of domestic violence.
"For the victim to bolster themselves to go to a public place to air their private experience with a judge, in a courtroom," said Varky, "even just thinking about that can be very intimidating."
She added that when a survivor of violence goes to court for a protective order, this could be the first time they're defying their abuser - leading to additional violence.
To better address this, Varky said she wants to see increased resources provided to law enforcement officials for them to be thorough in addressing inter-partner violence.
Along with states taking steps to reduce abusive litigation, she noted that there are still misconceptions about domestic violence needing to be clarified. One misunderstanding is questioning why a person doesn't just leave an abusive partner.
She said as simple as it sounds, it's never that easy.
"What if you share children with that person?" asked Varky. "What if you don't have a job? What if you've been isolated for so many years that you don't have any place to go to?"
Varky noted that if a person does leave, without necessary resources to care for children the couple might have, it could be used in a potential custody battle.
Rather than questioning the abused, she said more questions need to be asked about why a person abuses someone else.
Overall, she said she wants to see abusers held accountable for their actions. Varky said looking beyond incarceration and taking a restorative-justice approach could work.
"I'd like to see how we can use other resources that survivors are interested in," said Varky. "In addition to actually holding abusers accountability and enforcing the laws that already exist."
Currently, Idaho, Tennessee and Washington have laws aimed to prevent abusive litigation.
In 2017, a bill introduced in Congress to reduce lawsuit abuse was passed by the House of Representatives, although it failed to advance out of the Senate's Judiciary Committee.
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Sexual assault survivors in rural Ohio may have to travel hours to get a forensic exam.
During National Forensic Nurses Week, Ohio advocates say they're working to expand access to these trained professionals who can offer trauma-informed care.
Tammy Robertson, statewide director of forensic nursing for the Ohio Alliance to End Sexual Violence, said beyond a medical exam, forensic nurses can provide courtroom testimony, and assist patients in ways other health care professionals typically do not. She wants survivors of sexual assault, elder abuse, domestic violence, child abuse or human trafficking to know some hospitals have forensic nurses on staff.
"And, at least if the hospitals are unaware of that program, or doesn't have a program, they can potentially reach out to a surrounding hospital and get that patient services," Robertson advised.
Robertson added advocates are working to educate community partners, including law enforcement, prosecutors, child protective services and others about the resources forensic nurses provide.
If you or someone you know is experiencing a crisis or needs help, call the Ohio Sexual Violence Helpline at 844-644-6435, 24 hours a day, seven days week.
Robertson pointed out the holistic approach to care and support forensic nurses offer has been shown to improve survivor outcomes.
"There is, statistically, shown that there is a better healing outcome for those patients who receive care from a forensic nurse," Robertson noted.
Nationwide, between 17% and 20% of hospitals have a sexual assault examiner or forensic nurse available, according to the Rape, Abuse and Incest National Network and the International Association of Forensic Nurses.
Disclosure: The Ohio Alliance to End Sexual Violence contributes to our fund for reporting on Budget Policy and Priorities, Domestic Violence/Sexual Assault, Health Issues, and Women's Issues. If you would like to help support news in the public interest,
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Domestic Violence Awareness Month might be coming to an end, but a recent panel discussion was aimed at educating Nevadans about policy changes as well as dispelling misconceptions surrounding domestic violence.
Serena Evans, policy director for the Nevada Coalition to End Domestic and Sexual Violence, said as a state, Nevada tends to be what she calls "reactive instead of proactive," relating to policy implementation. She adds Nevada is one of a few states that does not fund prevention and intervention through its general budget- making it more difficult to get victim survivors the help they need.
"So many other states fund domestic and sexual violence in their general budget. We do not. So a lot of our programs struggle to make ends meet, and we do not have enough funding in the state to meet the needs of victim survivors," she explained.
For 23 out of the last 25 years, Nevada has ranked among the top 10 states with the highest rates of women being killed by men, according to the Violence Policy Center. It also ranks 21st in the nation in terms of household firearm ownership rates. Domestic violence experts call the combination a dangerous mix. Evans said Nevada policymakers can vote to better support housing and education initiatives to decrease the rate of domestic violence.
One of the laws that was passed during Nevada's latest legislative session was Assembly Bill 51. It expands the window for when people can be arrested in domestic-violence cases from 24 hours to seven days. Before AB 51's passage, law enforcement officers only had 24 hours to make an arrest before they had to obtain a warrant. Advocates say it should help reduce survivor's vulnerability.
Kristen Kennedy, executive director of the Domestic Violence Resource Center in Reno, said they not only provide emergency services for those fleeing domestic-violence situations, but also work with victim survivors to get them back on their feet.
"We assist in helping individuals rebuild their lives. We have a transitional housing program so individuals can be in our program and live in our housing for up to two years," she explained. "And during that time, we do some very intensive financial coaching with our clients and trauma counseling."
Kennedy added many have the misconception that one needs to find themselves in what she calls a crisis situation to seek help. She said that isn't the case at all, and encourages those who want to learn more or simply get advice to reach out to organizations like hers, as they are there to help and provide resources.
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For some people experiencing domestic violence, concern about the safety of their household pet can prevent them from leaving. In a survey of 2,500 domestic-violence survivors
, about half reported they feared the perpetrator would harm their pet. Nearly a third reported their pet had been harmed or killed.
Pat Carraher, managing attorney with Legal Aid of Nebraska, said as of September 1st, Nebraska law allows pets to be included in domestic-violence protection orders, and added the law should deter perpetrators from using pets as leverage, since violating a protection order is a crime.
"It's a Class I misdemeanor, and if you violate it twice, it gets bumped up to a felony. Up until now, a perpetrator of domestic violence could make a lot of threats about a household pet without really worrying about much criminal liability," Carraher explained.
Carraher said when an individual fills out the paperwork for a domestic-abuse protection order, they can check one box asking for possession of the household pet, and/or another requesting that the other party "be enjoined from harming" it. He says Legal Aid of Nebraska
puts "high priority" on representing victims of domestic violence, including in protection-order cases.
The Nebraska Humane Society's Project Pet Safe
will temporarily shelter domestic pets for people working with a caseworker in domestic-abuse situations. Pam Wiese with the Humane Society says they will help in other ways, too.
"While they're with us, we try to provide anything that we can, so if they need spaying and neutering, microchipping; if they need some type of medical (care) done, we work to try to get that pet into the best shape that it can be so that they can kind of start their new life on a good footing, " Wiese explained.
Wiese added some pet owners will realize they can't reunite with their pet, but Project Pet Safe provides them valuable time.
"Even if they feel that they can't take care of the pet moving forward, they are able to make that decision for themselves, and it's not forced upon them," Wiese said.
Some victims of domestic violence find they have to leave their pet behind, and Carraher said the new law is designed to help in those situations, too.
"If for some reason they can't take the pet with them, they might check that second box, knowing that they are going to leave the pet but that the perpetrator of domestic violence will be ordered not to harm the pet," Carraher continued.
As of 2022, 38 states had some provisions for adding pets to domestic-violence protection orders.
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