Domestic Violence Agencies for Battered Womenin Santa ...



 

| |Power and Control Wheel | |

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| |Developed by the Domestic Abuse Intervention Project | |

| |202 East Superior Street Duluth | |

| |Minnesota 55802 USA | |

| |1-218-722-2781 | |

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Equality Wheel: From

The equality wheel illustrates the concepts of equality in a relationship. The outside dark area of the wheel is the non-violence that is or should be used in a relationship. The inner spokes are forms of non-violent interactions and behaviors. These sections are held together by the use of respect, equality and non-violence.

Cycle of Relationship Violence

The Cycle of Relationship Violence shows how relationship violence often becomes a pattern made up of three stages. [pic]

Tension-Building

criticism, yelling, swearing, using angry gestures, coercion, threats

Violence (Explosion)

physical and sexual attacks and threats

Seduction (Presents and Promises/Honeymoon)

apologies, blaming, promises to change, gifts

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It also explains how three dynamics, love hope and fear, keep the cycle in motion and make it hard to end a violent relationship.

Love/Hope/Fear keep the cycle in motion

Love...for your partner, the relationship has its good points, it's not all bad

Hope...that it will change, the relationship didn't begin like this

Fear...that the threats to kill you or your family will become reality

*Adapted from Dr. Lenore Walker's "Cycle of Violence" - Denver, CO

*Reprinted by permission of Peace At Home, Boston; Ph 617-482-9497

|Abuse is More Than Hitting… |[pi|

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|Emotional Abuse: Name calling; Insulting; Humiliation; Criticizing; Blaming; Accusing; Questioning your | |

|sanity; Making fun of you; Making threats against you; your children; your pets; Intense jealousy; | |

|Destroying Property; Retaliation; Not letting you make important decisions; Forcing you to do something | |

|against your will; Isolating you from your friends or family; Not letting you leave the house; Not | |

|letting you work or go to school; Not letting you drive the car; Monitoring your activities; Saying you | |

|deserve your abuse; Threatening to kidnap the children if you leave; Threatening self-abuse or suicide if| |

|you don’t do what (s)he wants. | |

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|Sexual Abuse: Unwanted touching; Withholding or demanding sex; Forcing sex; Name-calling with sexual | |

|epithets; Incest; Marital Rape; Insisting on anything sexual that frightens or hurts you. | |

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|Economic Abuse: Refusing to work or be responsible for finances; Not allowing you access or title to | |

|family finances; Making you ask for money; Keeping you in poverty; Demanding an accounting of everything | |

|you buy; Not paying alimony or child support. | |

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|Physical Abuse: Pushing; Pinching; Slapping; Choking; Backing you into a corner; Pinning you down; | |

|Throwing Objects; Pulling your hair; Biting; Holding you captive; Breaking down a door to get to you; | |

|Preventing you from eating or sleeping; Locking you out of the house; Forcing your car off the road; | |

|Abandoning you in dangerous places; Beating; Kicking; Keeping you from getting medical care; Spitting on | |

|you; Breaking bones; Using a knife; gun or other weapon against you; Driving at unsafe speeds to | |

|intimidate you. | |

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Safety Plans

If your intimate partner has battered you once, it is extremely likely that it will happen again. In many cases, after an assault the batterer will apologize and swear to reform. This, however, does not mean that (s)he will not be violent again.

You cannot personally stop the violence -- only the person who is being violent can make the choice to change the behavior. You are not responsible for the violence. You are not the reason for the battering. What you do or say does not cause the violence.

At the Support Network, we are concerned about your safety. Here are some things to consider when you suspect that your partner is about to batter you again:

1. Watch for the warning signs that come before an assault (drinking, taking drugs, pay day, a bill collector, a bad day at work, company, the holidays...). Note particularly the physical signs that your partner is going to abuse you (clenched fists, threats, heavy breathing, level of voice, flushed face, destruction of property...).

TRY TO LEAVE OR SEEK HELP BEFORE THE ABUSE HAPPENS

Warning: Violence may dramatically escalate when you try to leave, or show signs of independence. Your partner may become desperate at the thought of losing control of you, and the violence may escalate.

2. Are there weapons in the house? Where? Can you remove the ammunition or lock them up?

3. Can you figure out a signal for the neighbors to call the police? Can you teach your child(ren) to dial 911 and ask for police assistance?

4. Consider leaving the house when there is tension-building and staying with family or friends.

5. The Support Network can provide emergency shelter should you need it. Call our 24-Hour Crisis line: 1-800-572-2782

6. Think ahead and make preparations in case you need to leave home in a hurry.

a. Establish a routine where you temporarily leave the house at different times during the day or night.

b. Try to withdraw some money from your bank account and put it aside.

c. Put important documents in one place where you can easily and quickly get to them. Some important documents are:

• Drivers License

• Birth Certificate for you and your children

• Voter Registration Card

• Credit Cards

• Work ID

• Unemployment Card

• Passport

• Green Card

• Baptismal Certificate

• Marriage License

• Social Security Numbers for you, your partner, your children

• Medical Records, Health Insurance information

• Keys to the car(s) and house

• Bank books, Check books, Stocks, Insurance, Pensions

• All financial information

• Prescription drugs

• Copies of prescriptions

• Spare eye glasses or contact lenses

• If possible, valuable or sentimental items

d. If possible, leave copies of important documents, spare clothes & money with a neighbor, friend or family.

Above all, the lives of you and your children are more important than anything else!!

7. Reach out for help. Enlist your friends, family and/or co-workers in case you need their help. Batterers often deliberately keep their partners from people who could help them.

8. If you are forced to leave the children, try to reclaim them at the first possible moment. Courts tend to give temporary custody to the parent who physically has the children.

9. Call the Support Network’s 24-Hour Crisis line: 1-800-572-2782

10. Call the police (911). You have a right to protection.

The Criminal Justice Process: Understanding Your Rights

Domestic Abuse is a Crime

In recognition of the seriousness and the volume of domestic violence cases in Santa Clara County, a special prosecution unit has been set up in the District Attorney’s office to handle these cases.

You, as the crime victim, cannot press charges or drop charges against your batterer (the defendant). This is up to the District Attorney. When the defendant is prosecuted, the District Attorney is trying to stop the violence against you.

Arrest

After being arrested the abuser may be released on his or her own recognizance within a few hours or be held in jail until he or she can post bail.

Arraignment

If the prosecutor decides to file charges, the defendant will be brought before a Municipal Court judge to hear the charges against him or her. The defendant may plead guilty or “no contest” (and be sentenced by the court) or plead not guilty at this time. Suspects in custody must be arraigned within 48 hours of arrest, or within 72 hours if the arrest occurs on the weekend.

Preliminary Hearing

If the suspect charged with a felony pleads “not guilty” at the arraignment, a preliminary hearing is held to determine if there is enough evidence (“probable cause”) to believe that a crime has been committed and that the defendant is responsible. The judge will decide whether or not to hold the defendant to answer the charges in Superior Court. A victim of a crime may be asked to testify at this proceeding. There may be several pre-trial conferences prior to a trial date. There is no preliminary hearing if the suspect is charged with a misdemeanor.

Trial

The vast majority of cases are resolved by guilty pleas and never go to trial. However, if the defendant does not plead guilty, a trial will be held. The prosecutor, who represents the District Attorney’s office, has the burden of proving the defendant is guilty “beyond a reasonable doubt.” A jury of 12 people will decide the guilt or innocence of the defendant. Victims may also have to testify at trial.

Sentencing

If the defendant is found guilty the judge will impose a sentence. Your input, as a victim, will help the judge determine the sentence. You may write a statement to the court explaining your concerns.

Although state law permits the judge to sentence an abusive spouse up to a year in jail, most first-time offenders only go to jail for a few days, are put on probation, and are required to attend a batterer’s counseling program. More jail time may be ordered if your injuries are serious or if the defendant has a prior record.

Notification of Release

Victims may request to be notified when an inmate is scheduled to be released from jail by calling the Santa Clara County Victim Notification Service at 1-800-464-3568.

Your Role as a Witness

If you receive a subpoena from the court you are required to appear in court at the time it states. If you fail to appear, the court has the authority to take you into custody to ensure your presence in court. An advocate is available to answer your questions and may be able to accompany you to court.

If you are not required to go to court you may still attend any public court proceeding concerning the defendant that you wish. By writing or speaking to the judge you can have a significant impact on the defendant’s sentence.

If Someone Calls You About the Case

If someone calls you about the defendant's case, ask whom they work for. You are not obligated to speak to the defendant’s attorney, an investigator, or any representative of the Public Defender's office. However, if you chose to cooperate with the prosecution of the defendant, you may wish to speak with a representative of the District Attorney’s office.

Probation

If a defendant is put on probation, he or she may be assigned to a probation officer who will monitor the defendant’s behavior. If the defendant violates a condition of probation, such as hurting you again, the abuser can be charged with a violation of probation and may go to jail. You have an important role to play by informing the defendant’s probation officer if he or she has violated probation.

Stay Safe

Make sure you have a safe place to stay in case the abuser is released. Contact a friend, neighbor, relative, or the Support Network for shelter. If you do not have a restraining order you can get an Emergency Protective Order from the police which is good for five court days (seven calendar days). This will give you time to get a permanent restraining order.

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Support Network for Battered Women’s Available Services

The Support Network has many services available to you and your children including:

Legal Services

Temporary restraining appointment

Family law legal advice appointments

Police advocacy

Court accompaniments (civil and criminal)

Crisis Intervention

Counseling and Support Groups

Children’s Programs

Emergency Shelter

Referral Information

Most services are provided at no fee, with the remaining on a sliding scale. All services are provided in English and Spanish.

For more details go to Our Services.

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Victim Advocacy Project

If your partner has been arrested for domestic violence, you may be contacted by a Victim Advocate working with the Support Network, the District Attorney’s office, or from a law enforcement agency. We contact victims of domestic violence in Santa Clara County to provide them with support and information.

The Victim Advocate will tell you about the resources available to you at the Support Network and answer any questions you may have about the charges filed against your batterer, the criminal justice process, your rights as a victim, and your role in this process. Your conversation with the Advocate is strictly confidential. Nothing you say will be communicated to the District Attorney unless you specifically request it.

This material is published as a brochure funded in part by the City of Santa Clara, the United Way of Santa Clara County and the Office of Criminal Justice Planning. For hard copies of the brochure, contact the Support Network at 650-940-7850, or snbw@

See the Spanish version of this brochure: El Proceso Criminal de la Corte: Entendiendo el Sistema de la Justicia



|Domestic Violence Agencies for Battered Women |[pi|

|in Santa Clara County |c] |

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|Batterer Intervention Programs | |

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|In California, programs for people convicted of domestic violence offenses must be certified by the | |

|Probation Department of each county. | |

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|For programs certified by Santa Clara County Probation Department, visit the Probation Department | |

|website. | |

|24-hour Victim Counseling and Referrals, Battered Women’s Shelters, Restraining Orders | |

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|Support Network for Battered Women | |

|(North and Central Santa Clara County) | |

|English, Spanish | |

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|TDD | |

|1-800-572-2782 | |

|650-940-7857 | |

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|Next Door Solutions to Domestic Violence | |

|(Central County) | |

|English, Spanish, Persian | |

|408-279-2962 | |

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|Community Solutions | |

|(La Isla Pacifica and South County) | |

|English, Spanish | |

|408-683-4118 | |

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|Asian Women's Home | |

|(Asian Americans for Community Involvement) | |

|English, Cambodian, Cantonese, Japanese, Korean, Lao-Mien, Laotian, Mandarin, Shaan Xi, Tagalog, Thai, | |

|Toisanese, Vietnamese | |

|408-975-2739 | |

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|MAITRI | |

|(San Francisco Bay Area Organization for South Asian Women / 9 am - 1pm, Mon-Fri) | |

|Bengali, Gujarati, Hindi, Kannada, Konkani, Malayam, Marathi, Marwari, Oriya, Punjabi, Sindhu, Sinhalese,| |

|Tamil, Telegu, Urdu | |

|1-888-8-MAITRI | |

|1-888-862-4874 | |

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|National Domestic Violence Hotline | |

|English, Spanish | |

|1-800-799-SAFE | |

|1-800-799-7233 | |

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|Emergency Protective Restraining Orders (EPRO): | |

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|Parties in need of immediate protection at any time including nights, weekends and holidays, can request | |

|an EPRO from the law enforcement agency responding to the incident of violence. These are short-term | |

|orders. Call the police department of the city where the incident occurred or dial 911. | |

|Legal Advice and Attorney Referrals: | |

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|Support Network for Battered Women | |

|1-800-572-2782 | |

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|Asian Law Alliance | |

|408-287-9710 | |

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|Cupertino/Sunnyvale Bar Association (Lawyer Referral) | |

|408-736-2520 | |

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|East San Jose Community Law Center | |

|408-254-0444 | |

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|Family Court Clinic | |

|408-299-8567 | |

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|Legal Advocates for Children and Youth | |

|(L.A.C.Y.) (Children under age 18) | |

|408-293-4790 | |

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|Legal Aid Society of Santa Clara County | |

|408-998-5200 | |

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|Next Door Solutions to Domestic Violence | |

|408-279-7550 | |

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|Palo Alto Bar Association (Lawyer Referral) | |

|650-326-8322 | |

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|Pro Bono Project | |

|408-998-5298 | |

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|Santa Clara County Bar Association | |

|(Modest Means Panel & Lawyer Referral) | |

|408-971-6822 | |

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|Senior Adults Legal Assistance | |

|408-295-5991 | |

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|Other Legal System Resources: | |

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|Santa Clara County District Attorney’s Office | |

|408-299-7500 | |

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|Office of Pre-Trail Services | |

|408-299-4091 | |

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|District Attorney Child Abduction Unit | |

|408-922-1333 | |

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|Victim/Witness Assistance Center | |

|408-295-2656 | |

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|Family Violence Center | |

|408-277-3700 | |

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|Adult Probation | |

|408-435-2000 | |

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|Main Jail Booking | |

|408-299-2306 | |

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|Santa Clara County Victim Notification System | |

|1-800-464-3568 | |

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|Child Abuse and Neglect Reporting (Child Protective Services) | |

|408-299-2071 | |

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|Elder Abuse Reporting (Adult Protective Services) | |

|1-800-414-2002 | |

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|Respect Your Elders. Report Mistreatment. Help is Available. 1-800-414-2002 | |

|Other Services: | |

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|Rape Crisis Hotline (MidPeninsula YWCA: North County) | |

|650-493-7273 | |

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|Rape Crisis Hotline (YWCA in Santa Clara Valley: Central County) | |

|408-287-3000 | |

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|Rape Crisis Hotline (Community Solutions: South County) | |

|408-779-2115 | |

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|Parental Stress Hotline | |

|650-327-3333 | |

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|Teen Stress Hotline | |

|650-327-3501 | |

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|Teen Talk Line | |

|888-247-7717 | |

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|Gay and Lesbian Information and Referral | |

|408-293-4525 | |

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|WATCH (Transitional housing for battered women and their children) | |

|408-271-9422 | |

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|DCARA (Counseling for the Deaf) | |

|TTY | |

|408-298-6770 | |

|408-298-5443 | |

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|Vanished Children's Alliance | |

|408-296-1113 | |

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|Child Abuse Council of Santa Clara County | |

|408-293-5450 | |

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|Safe at Home Confidential Address Program | |

|1-877-322-5227 | |

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| |Materials may be freely copied and distributed subject to inclusion of copyright notice and SNBW web |

| |address. Linking to other sites does not constitute endorsement of products or services at these sites. |

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|Copyright © 2004, Support Network for Battered Women |

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