CONTENTS

About This Course

Table of Contents

1. Introduction to the Issues
2. Understanding Alcohol Abuse
3. Understanding Violence Against Women
4. Alcohol and Domestic Violence
5. Alcohol, Sexual Assault, and Rape
6. Prevention and Early Intervention
7. Screening and Assessment
8. Diagnosis and Treatment
9. Legal and Ethical Issues

Supplements
Fact Sheets
Videos
Resources

Silence Hurts
Alcohol Abuse and Violence Against Women

Module Content Objectives Federal Law: Domestic Abuse and Sexual Assault Legal Remedies Within States -- Prohibited Behavior -- Ex Parte Order -- Enforcement of Orders -- Police Arrests Batterer Intervention Services Filing a Civil Lawsuit Campus Sexual Assault Bill of Rights Privacy and Confidentiality -- Federal Privacy Laws -- The Health Insurance Portability and Accountability Act (HIPAA) of 1996 -- State Privacy Laws -- Professionals Covered by the Doctor-Patient or Therapist-Client Privilege -- State Protections -- Exceptions to State Laws Protecting Medical and Mental Health Information Communicating With Others -- Making Referrals Communicating With the Legal System Summary References Module 9 Quiz

Legal Remedies Within States

Civil Protection Orders

No consistent legal definition of domestic violence is used in every State. Each State can decide to include some people (e.g., married couples) and not others (e.g., dating couples). All States have some legal protection for victims of domestic violence.

Civil protection orders are legally binding orders designed to prevent partner abuse. The abusive partner is not allowed to contact the person at any place that she designates (e.g., home, work, school). If there are any children, their school or day care addresses would also be a place that the abuser would not be able to go to. He also cannot contact the person in any way. This would include by phone, fax, email, beeper, or through another intermediary. An individual who violates such an order may face civil contempt, misdemeanor or felony charges.

Civil protection orders are now available to battered women in every State and the District of Columbia.² They are available, primarily, to prevent the abuser from continuing to abuse the victim, from having any contact with the victim, and providing the victim and her children emergency relief. For intimate partner violence and dating violence, each State has its own laws regarding civil protective orders (also called restraining orders or "no contact orders") and ex parte orders.

Local domestic violence or victim assistance centers can provide information regarding the laws in your State. To locate your State's resources or local coalitions against domestic violence, you can go to www.ndvh.org or www.vaw.umn.edu/FinalDocuments/FFCMatrfin.htm.

A woman who is victimized is eligible for special treatment under the law, including removal of the abuser from her home (ex parte and protective orders). Although each State may differ slightly in terms of whom they consider "victims," generally, eligible victims include:

• a current or ex-spouse
• a co-habitant (someone who has lived in the same dwelling as a sexual partner for at least 90 days in the past 365 days)
• a child (in 75 percent of States)
• a person related to the abuser by blood, marriage, or adoption
• a parent or stepparent who has resided with the abuser for 90 days within the past year
• a "vulnerable adult" (an adult who lacks the physical or mental capacity to ensure her well being or to care for daily needs) and/or
• an individual with a child in common with the abuser, such as a girlfriend

Some States also include dating relationships. The list above is a general representation only, and is not meant to represent any State in particular.