Indiana Coalition Against Domestic Violence Inc. Child Custody and Domestic Violence Position Paper

The Indiana Coalition Against Domestic Violence, Inc. (ICADV) recognizes domestic violence as a physically and psychologically damaging cultural, social and criminal problem and is committed to its elimination. ICADV recognizes that violence occurs in all types of relationships, that everyone, including children, are affected by it, and that the solution involves everyone.

ICADV believes that domestic violence has serious detrimental effects on children, even when they do not directly witness violence.

ICADV believes that state legislatures should amend custody and visitation codes, creating custodial protections for abused parents and their children. These protections might include that custody not be awarded in whole or in part to a parent with a history of domestic violence, and that visitation be awarded to an abusive parent only if the safety and well-being of the abused parent and child can be protected. Custody laws should also be amended to ensure that all awards of visitation incorporate explicit protections for the child and the abused parent.

ICADV believes that where there have been documented cases of domestic violence (police reports, arrests, victim's advocate reports) an abuser should only be allowed supervised visitation of a couple's children once the following criteria have been met:

a) the abusive parent successfully completes a certified batterers' program,
b) the abuser is not abusing alcohol or other drugs, and
c) the abuser poses no danger to the child

ICADV believes that if the courts determine that both parents have demonstrated a pattern of domestic violence, custody shall be awarded solely to the parent who is less likely to continue the pattern of domestic violence. If determined it is in the best interest to protect the welfare of the child, custody may be temporarily awarded to a suitable third person designated by the court.

ICADV believes that a parent who has a pattern of documented domestic violence should not be given sole or joint custody of any minor child until the following criteria have been met:

a) the abusive parent has successfully interacted with the child in supervised visitation settings for a minimum of six months,
b) the abusive parent successfully completes a certified batterers' program,
c) the abuser is not abusing alcohol or other drugs, and
d) the abuser poses no danger to the child.

ICADV believes that when there has been a history of domestic violence in the home where children live, consideration should be given to the children receiving counseling in accordance with IC31-17-2-16 Sec. 16 Upon:

1) the Court's own motion
2) the motion of a party,
3) the motion of the child, or
4) the motion of the child's guardian ad litem, the court may order the custodian or the joint custodians to obtain counseling for the child under such terms and conditions as the court considers appropriate.

ICADV also believes that in accordance with IC31-17-2-8 Custody Order Sec. 8 The court shall determine custody and enter a custody order in accordance with the best interest of the child, there is not a presumption favoring either parent. The court shall consider all relevant factors, including the following:

1) The age and sex of the child;
2) The wishes of the child's parent or parents,
3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
4) The interaction and interrelationship of the child with:

A) the child's parent or parents;
B) the child's sibling; and
C) any other person who may significantly affect the child's best interests;

5) The child's adjustment to the child's:

A) home;
B) school; and
C) community;

6) The mental and physical health of all individuals involved;
7) Evidence of a pattern of domestic violence by either parent;
8)Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

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Indiana Coalition Against Domestic Violence, Inc.
Domestic Violence Fatality Review Teams
Position Paper

The Indiana Coalition Against Domestic Violence (ICADV) recognizes that domestic violence deaths in our state are a significant problem that should be analyzed and researched. Forty-eight women, men and children’s deaths have been ruled due to domestic violence in Indiana during 1999-2000. ICADV believes there were probably other men, women and children who died because of domestic violence homicide or suicide that went undetected.

ICADV believes that Domestic Violence Fatality Review Teams (Teams) should be established statewide in Indiana to accurately depict the number of homicide and suicide related domestic violence deaths that occur each year.

ICADV believes that Teams would also be responsible for educating all law enforcement, coroners and victims advocates on how to determine if a death or suicide was the result of domestic violence.

ICADV believes that a clear understanding of domestic violence homicides and suicides would result in a more proactive approach to working to break the cycle of domestic violence in communities. Domestic violence is a crime that often escalates over time, increasing in severity and even death when the victim decides to leave her abuser.

ICADV believes that these Teams can be effective by focusing on the systematic response to domestic violence in order to avert future domestic violence deaths and by developing recommendations for coordinated community prevention and intervention strategies to eradicate domestic violence.

The Teams would be responsible for taking the lead in ensuring that policies and protocols among the local criminal justice entities are established for domestic violence. The teams would also ensure that the community is educated about the deadly ramifications of domestic violence, to curb additional homicides and suicides.

ICADV believes that the Indiana General Assembly should introduce legislation that would establish Domestic Violence Fatality Review Teams. Legislation would enable community or regional Teams to be formed throughout the state. This new law would ideally specify the make-up of the Teams, their specific duties, procedures for team investigations, and confidentiality issues.

ICADV believes that the Teams should include at a minimum the local domestic violence prevention and intervention provider as an expert on the team to assist other members in both identifying the specific case and assisting in educating the general public and media.

ICADV believes that the Teams can improve communication among the courts and agencies in time of crisis, provide accurate information to the media and general public, and suggest deliberate improvements in the system by addressing any and all weaknesses.

ICADV as the recognized leader on domestic violence prevention, asks that ICADV be given responsibility to serve as the clearinghouse for all reviews once completed.

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Indiana Coalition Against Domestic Violence, Inc.
Holistic Response to Domestic Violence
Position Paper

The Indiana Coalition Against Domestic Violence, Inc. (ICADV) recognizes domestic violence as a physically and psychologically damaging cultural, social and a criminal problem and is committed to its elimination.  ICADV recognizes that violence occurs in all relationships, that everyone is affected by it,  and that the solution involves everyone.  For the purpose of this Position Paper, the victim will be referred to as (she) and the perpetrator as (he) as statistics identify that 97% of the victims are women and the male is most often the perpetrator.

ICADV believes that in order to eliminate domestic violence the entire family (woman, man and child) must have access to and receive domestic violence intervention services.  Furthermore, it is our belief that safety must come first in families because without safety other supportive services are less effective.

ICADV believes that intervention service for victims should include, at the minimum, voluntary safety planning, support groups, emergency shelter, advocacy, medical, and legal services.  These should be offered under the guiding principle of respecting the victim’s self-direction and restoring her decision-making skills in order to gain control over her own life.

ICADV believes that intervention for children should include services that address safety, education, and the effect of domestic violence.

ICADV believes that joint counseling is not appropriate prior to the perpetrator’s completion of a qualified intervention program. Joint counseling can increase risk of further violence to the victim and other family members.

Furthermore, ICADV believes that intervention for perpetrators must be clear and swift.  It should include criminal and civil sanctions that hold the perpetrator accountable for his actions and court-mandated participation in a qualified intervention program.

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Indiana Coalition Against Domestic Violence, Inc.
Domestic Violence and Firearms
Position Paper

The Indiana Coalition Against Domestic Violence (ICADV) recognizes domestic violence as a physically and psychologically damaging cultural, social and criminal problem and is committed to its elimination. ICADV recognizes that violence occurs in all types of relationships, that everyone is affected by it, and that the solution involves everyone.

ICADV believes that firearm violence is a social and health problem, not just a criminal justice issue, as firearm fatalities frequently occur in the context of domestic violence. In 2002 in Indiana, 64 individuals died due to domestic violence. Sixty-four percent were the result of firearm violence.

ICADV believes that there is a very real connection between firearms and domestic violence. Firearms profoundly affect the dynamics of domestic violence, as they are used to intimidate, frighten, maim, and kill, and their presence significantly increases the lethality of violent interaction between intimate partners.

ICADV believes that leaving a relationship can be the most dangerous time for the survivor and that the act of separation, whether legal or physical, often triggers an escalation of the violence. If an abuser has access to a firearm, it is far more likely that homicide will result.

ICADV believes that abusers who possess firearms pose a lethal threat both to those they have abused and to the wider community including children, family members, and innocent bystanders.

ICADV believes that all court forms that relate to civil or criminal domestic violence cases should have questions relating to access, possession and presence of firearms. Judges should take every opportunity to ask about the presence of firearms when issues of domestic violence are presented. Judges should also facilitate NCIC background checks by being responsive to requests from the FBI for information concerning their orders and final disposition records.

ICADV believes that respondents of protective orders, workplace restraining orders and no contact orders should be banned from possessing, controlling, or using any firearm or ammunition while the order is in effect. All persons convicted of a crime of domestic violence should be banned for life from possessing, controlling, or using any firearm or ammunition. ICADV believes that all laws designed to disarm abusers and prevent them from purchasing new firearms should be implemented effectively and completely.

Adopted 9/03

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Indiana Coalition Against Domestic Violence
1915 W. 18th Street Indianapolis, IN 46202
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