Discussion Shanice’s safety plan should include a planned place to go, such as to stay with friends, family, or a shelter, as well as resources needed for daily living, including money, a photo identification card, car keys, a change of clothing for herself and her child, and items to care for her child such as diapers. Shanice can be encouraged to call a local or national hotline, such as the National Domestic Violence Hotline at 1-800-799-SAFE. If possible, provide a private, safe space for her to call from the office. Information on local resources, such as shelter locations and local advocacy groups, can also be provided, though caution is advised when providing written materials. It would also be prudent to refer her to an obstetrician and a substance abuse specialist for further care. THE LEGAL DIMENSIONS OF IPV
A number of legal remedies are available to survivors of IPV. Clinicians should familiarize themselves with these options so that they can inform at-risk patients. Because state laws change over time, and vary from state to state, the following information is a general guide only. Legal statutes by state are available at Womenslaw.org (https://www.womenslaw.org/laws/ statutes). Providers should obtain more detailed information from community domestic violence programs, their state medical board, or their state attorney’s general regarding laws and policies in Criminal justice relief Many, but not all, abused patients are considered to be crime victims. Such crimes may include assault, battery, rape, stalking, threats, false imprisonment, destruction of property, weapon crimes, and specific "intimate partner violence" crimes. Legislation such as the National Violence Against Women Act has been passed to improve the criminal justice response to violence against women. Clinicians should inform at-risk patients that what occurred may be a crime and that they may consider calling the police. Whether calling the police will result in arrest, prosecution, and/or jail time will depend on prevailing laws and Civil protection orders The types of protection orders that are available to survivors vary from state to state and may include: restraining the abuser from further violence, requiring the abuser to vacate the household, ordering no contact with the victim, confiscation of firearms, withdrawal of child custody, requiring attendance in a batterer intervention program, and awarding the survivor compensation for medical bills and other expenses incurred as a result of the violence. Violation of a protection order is a felony in some states and may result in incarceration. Though police, Additional legal options Additional legal options for IPV survivors include divorce, legal separation, annulment, and child and spousal support orders. Division of property or awards of financial support can be critical to enable the survivor and dependent children to live independently from the batterer. Abused immigrant women often face particular obstacles, as they may be relying on coercive partners to assist them in obtaining legal status. Abused immigrants who are married can apply
their jurisdictions. Health facilities' IPV referral lists should include resources for free legal services for economically disadvantaged patients, bar association referral services, legal advocacy services in intimate partner violence agencies and shelters, criminal justice advocacy programs, and immigration assistance organizations. The US Department of Health and Human Services offers detailed information and resources on the legal aspects of IPV (https://www. childwelfare.gov/topics/systemwide/domviolence/ overview/legislation-policies/). policies, as well as the attitudes and practices of the individuals handling the case. Some communities have created dedicated IPV units within police departments. Clinicians should find out who the best police representative is to call in IPV situations in their community so that information can be made readily available for patients. The more informed the survivor is regarding legal rights when navigating the criminal justice system, the better off they will be. prosecutors, and judges may not always respond adequately to protection order violations, such orders may reduce subsequent violence. Clinicians should inform their patients of the option and the process of obtaining a protection order, but respect their judgment about whether or not such an order will enhance safety. State-by-state information about civil protection orders (CPOs) is available at: https://www. americanbar.org/content/dam/aba/administrative/ domestic_violence1/Resources/charts/cpo2020.pdf for permanent status independent of an abusive partner, and documentation of the abuse from a physician can be extremely important in that process. Immigrant patients who are abused by partners should be referred to an IPV, domestic violence, or immigration advocacy program for assistance with such proceedings.
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Book Code: CT24CME
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