DOMESTIC HISTORY QUESTIONNAIRE GUIDE
Derived from the Ontario DVDRC Annual Report 2005
Appendix E
This guide is to be used in conjunction with the Domestic History Questionnaire
Introduction:
Enhancing risk assessment efforts by all professionals involved with families and individuals in crisis has to be a priority in Ontario. Many domestic homicide cases do not involve the criminal justice system but may involve other systems such as mental health, victim services, healthcare, child welfare, and the education system. In some of the cases, doctors, clergy, counsellors, lawyers, co-workers, families, friends, and neighbours were aware of the degenerating mental health or suicidal or tendencies of the perpetrator, but did not recognize the potential link to domestic violence and lethality. Consequently, they did not act to address the issues related to domestic violence, such as risk management, safety planning, and referral to community-based services.
Many domestic homicides may have been prevented if the criminal justice system, or alternatively the persons named above, had better engaged the victim in risk assessment and safety planning. The Domestic History Questionnaire can be used to gather information about potential risk and lethality to the victim. Information from the assessment can also be used to alert and assist those in contact with the perpetrator. Case management protocols can then be engaged. It is important to appreciate that the assessment itself has little value if there is no immediate action to effectively intervene. The victim and the interviewer may be left with a false impression that the completion of the form in and of itself is a sufficient response rather than one step in an ongoing process.
Guiding Principles:
In preparation, these principles provide an integral foundation with which to approach the interviewing process.
1. Everyone has the right to live a life free of violence. No one deserves to be abused and no one has the right to control another person.
2. Once violence starts, it will not stop spontaneously. Active intervention is required.
3. Violence against women is not the result of an argument that gets out of hand. It goes beyond the normal tension that all couples in intimate relationships experience.
4. Identifying and understanding the issues of power, privilege, and control are fundamental to the task of ending violence against women.
5. Victims should be empowered, not disempowered. Empowerment occurs when a woman is believed, supported, has access to accurate information, and is referred to appropriate services and advocacy.
6. Violence against women is not "cultural." Violence against women exists in all cultures and societies, across the globe. Violence against women transcends race, class, socio-economic, sexual orientation, ability, age, and religion.
7. Ending domestic violence is everybody's business. The community has a right and a responsibility to get involved. No one family, worker, agency, or system can stop domestic violence alone. A comprehensive coordinated community approach is essential.
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8. Prevention means addressing the root causes of domestic violence, not just the symptoms. Violence is a learned behaviour that can be changed. Awareness and education is a prerequisite to prevention.
9. Domestic violence must be understood within an anti-racist, anti-oppression framework. This framework acknowledges that oppression exists in our society and that based on one's social location, abuse will have a differential impact. Every intervention we make must be examined in light of how it improves the quality of the daily reality of a woman's life. To understand this, consider the following:
· Financial circumstance/fear of poverty
· Geographic isolation
· Physical and mental health issues
· Previous negative experiences with helping systems and social agencies
· Discrimination based on race, ethnicity, gender, age, sexual orientation, class, religion, ability, and/or any other bias
· Language and cultural barriers
· Immigration and refugee status
10. The use of risk indicators and lethality tools must be considered in combination with a comprehensive understanding of the dynamics of domestic violence and in the individual context of each woman's life as she seeks help.
11. There is a dual approach to effective intervention in high-risk cases. It is critical to equally address risk management/containment of the abuser as well as safety planning strategies with the abuser's partner. Given assessment and intervention occur simultaneously, the appropriate support services must be offered immediately, e.g., referrals to victim services and/or community based VA W Services.
Important Considerations:
·This form is a generic set of questions that capture well-recognized lethality indicators. The form itself will continue to be revised.
·This form may be used as part of a risk assessment process. Once the information is gathered, it will provide a factual context so that decisions about risk assessment can be made. The answers given in this form may complement other risk assessment tools.
·The victim should be informed that the information disclosed is subject to disclosure rules. Although this information is confidential outside the criminal justice system, as a third party record it may be subject to production and disclosure by Court Order. (20)
·Dangerousness is situational. High-risk cases need to be immediately red flagged with other professionals who are involved with the victim-most importantly the information gathered needs to be filed, flagged, and cross-referenced so future professionals who become involved, such as police officers and Crown Attorneys, know that the risk assessment exists and can be accessed.
.....20 In a criminal case, if a third party record is being sought, the defense is obligated to notify the complainant and the record holder of the pending application to seek production and disclosure of the records. The complainant has a right to have independent counsel at the hearing. As well, a subpoena is issued to the custodian of the records for the agency in question to attend court with the documents. These documents are confidential and should not be disclosed to anyone until ordered to do so by the presiding judge. In other words, the custodian should not turn the documents over to the defense until ordered to do so. At the hearing, arguments will be made to the presiding judge to support the production on the basis that these records are relevant. If the judge decides that these records are relevant, the judge will then review the documents and determine what, if any, disclosure ought to occur. It may be that disclosure will be ordered, but the documents may be vetted or edited.
·Disclosure of abuse may be a process that often takes place over a period of time and requires a trusting relationship. The first disclosure may be incomplete and over time more disclosures of abuse and details about these incidents, particularly in areas related to sexual abuse and traumatic memories, may be revealed. Therefore, incremental disclosure should not be held against victims. Reassure victims that they are not in trouble. Attempt to decrease the levels of shame that women may feel in the process.
·When the victim's first language is not English, the provincially designated Cultural Interpreter program should be used, wherever possible. American Sign Language interpreters and/or other appropriate supports may be required. Children, family, community members and witnesses should not be used as interpreters.
·It is important to be aware of cultural considerations. Explain the interviewing process thoroughly, including the various steps assuring the interviewee that they are not in trouble. Attempt to decrease the level of shame that may be experienced.
·When interviewing in a same-sex partner relationship, all questions should be thoroughly explored as in a heterosexual situation. Be aware of LGBTTQ (lesbian, gay, bi, trans, two-spirited, and queer) services in the community for appropriate referrals. The largest concern from the LGBTTQ community who have gone through this process is that they were not taken seriously and/or treated with the same respect as their heterosexual counterparts. Cultural competence training will increase the interviewer's understanding of the additional barriers facing members of the LGBTTQ community.
·It is important to pay attention to language and to use words that describe behaviours in concrete terms, e.g., punching, hitting, and choking. It is critical to understand the range of abusive behaviours (e.g., verbal abuse, yelling, putdowns, harassment, financial, withholding immigration documents, denying primary care needs, sexual, threats regarding the custody of children). When using interpreters or speaking with women for whom English is not their first language, be aware that there are not always direct translations for English words, such as the word "abuse."
·It is extremely important to document and capture information in as much detail as possible from the victim. Use quotation marks for direct quotes.
-Interviewers may be faced with disturbing information given the high-risk nature of this work. To reduce the isolation and stress, it is important that the interviewer work within a team.
·Interviewers should recognize that women with children often have fears around CAS involvement (e.g., threat of removal of children due to the abuser's behaviour). It is important that the interviewer explain the role of CAS to the best of his/her ability, (e.g., "child welfare may become involved in this case to assist in protecting you and your children").
·Given the complexity of both criminal and family court, most women are not familiar with their legal rights and remedies. Where possible, the interviewer should help the victim understand any current orders in force, or at a minimum provide the victim with resource information to ensure that women are made fully aware of the orders. In Ontario, if a person is identified as a victim of domestic violence, she is entitled to two free hours of independent legal advice.
·Within the criminal justice context, once the interview is concluded and the detailed document completed, the information in the document becomes available to the police in the event they decide to release the accused on bail. If the accused is held for a bail hearing, the Crown and the Court have access
to this information. In addition, the police and the Crown get a real sense of the overall history and context of the domestic violence, and manage the case accordingly.
Summary Checklist:
· At the conclusion of the interview, review the following information:
· Risk Management:
· High-risk case? Y N
· Refer to specialized unit? Y N
· Safety planning and support:
· Discuss how they will be protected by police, including their nights and responsibilities as related to the safety plan.
· The Personal Safety Plan is an action plan developed by victims who fear their safety is at risk from a current or former violent partner. The plan prepares for the possibility of future violence and the best method to get the victim and dependents--e.g., children, elderly parent, pets-to safety.
· Referral to Specialized Services
· Provide them with contact numbers, etc., to ensure they are connected to their local shelter or women's centre for ongoing support, VICARS, VW AP.
· Ensure that women with disabilities have their accessibility needs addressed, including: information in Braille and/or on audiocassette, larger font size (12pt or higher) for women with mild visual impairments, wheelchair access, or other aids that would be beneficial to mobility, hearing, speaking, seeing.
· Ensure that women with substance abuse or mental health issues have their specific needs addressed through appropriate referral.
· Refer victims to independent women's advocates to support them through the process. Ensure they are aware of their right to apply to the Criminal Injuries Compensation Board.
· The Victim Support Line (VSL) is _____________
· Other important numbers are _______________________
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