making the case for coercive control andvsa /alaska bar association 17 th annual cle february 16,...

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MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

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Page 1: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

MAKING THE CASE FOR COERCIVE CONTROLANDVSA /ALASKA BAR ASSOCIATION 17TH ANNUAL CLE

FEBRUARY 16, 2015

Page 2: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

LEARNING OBJECTIVES

Recognize the essential elements of coercive controlling abuse

Distinguish coercive controlling abuse from other forms of abuse

Develop and present a case for coercive control to family court professionals

Page 3: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

EXERCISE

View clips from interviews

Discuss observations

Page 4: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

EXERCISE

Page 5: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

WE HAVE THESE FACTS:

Page 6: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

WITHOUT MORE…

What might the GAL infer from the abuse?

What type of parenting arrangement is the GAL likely to recommend?

Page 7: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

Exercise

Page 8: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

CONTEXTS OF ABUSE - REDUX

Coercive Controlling Abuse• Patterned• Dominance• Intimidation• Entitlement

Violent Resistance• Produced and

shaped by coercive controlling abuse

Abuse Unrelated to Coercive Control• No power and

control tactics at work

What the GAL saw

What we saw

Page 9: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

COERCIVE CONTROL

A harmful course of conduct that:

Subordinates the will of a current or former partner

By:

Violating their physical integrity (violence)

Denying them respect and autonomy (intimidation)

Depriving them of social connectedness (isolation)

Appropriating or denying them access to the resources required for personal liberty (control).

Evan Stark (2007), COERCIVE CONTROL, p. 15

Page 10: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

Coerc

ive C

on

trol

Page 11: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

VIOLENCE

Power &Control

Minimizing

DenyingBlaming

Economic

Abuse

Isolation

Intimidation

MalePrivilege

UsingChildre

n

Emotional

Abuse

Coercionand

ThreatsC

oerc

ive C

on

trol

Page 12: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

ENTRAPMENT

VIOLENCE

Power &Control

Minimizing

DenyingBlaming

Economic

Abuse

Isolation

Intimidation

MalePrivilege

UsingChildre

n

Emotional

Abuse

Coercionand

ThreatsC

oerc

ive C

on

trol

Page 13: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

ENTRAPMENT

VIOLENCE

Power &Control

Coerc

ive C

on

trol

Social Structures

Page 14: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

Wives in Domestic Abuse Cases Say NFL Culture Made Them Feel TrappedBy Steve Eder, The New York Times18 November 2014

RIPPED FROM THE HEADLINES…

Whisked Out of Jail, and Back to the N.F.L.N.F.L. Teams’ Ties to Police Put Victims of Domestic Violence in a BindBy Steve Eder, The New York Times16 November 2014

Page 15: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

RECAP

Coercive control is not like other forms of abuse It is qualitatively different, not just different in degree or severity

The distinguishing feature is that it places the victim in an objective state of entrapment

It is not psychological, but structural

It is significantly different implications for parenting, co-parenting and dispute resolution, among other things

Confounding factors There is no reliable test for coercive control.

The tactics of coercive control can be hard to see.

The tactics of coercive control may seem innocuous.

On its face, coercive control can look exactly like low level physical abuse.

Page 16: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

ENTRAPMENT

VIOLENCE

Power &Control

Coerc

ive C

on

trol

Social Structures

Page 17: MAKING THE CASE FOR COERCIVE CONTROL ANDVSA /ALASKA BAR ASSOCIATION 17 TH ANNUAL CLE FEBRUARY 16, 2015

COMMENTS AND QUESTIONS

Gabrielle [email protected]