“ DOMESTIC VIOLENCE IN NOTORIUS CASES ”

IT’S HARD TO LOOK FOR THE LIGHT WHEN YOU’RE LOST IN DARKNESS.”

ANONYMOUS

OSCA/DRC TRAINING 2015 – ORLANDO, FL

Presentation by:

Michael L. DeLong FL Mediator # 29434C

Member – US Organization of Bar Investigators

E-mail: paladinmediation@juno.com

Cell # 561-310-7446

MEDIATION TRAINING DISCLAIMER

MEDIATION TRAINING DISCLAIMER

Disclaimer Statement : Paladin Mediation LLC and Michael L. DeLong make a sincere effort to ensure accuracy and the quality of materials, handouts and reference items, however no warranty, expressed or implied is provided whatsoever. Paladin Mediation LLC and Michael L. DeLong disclaims any responsibility or liability for any direct or indirect damages resulting from the use of the materials and information provided in this lesson plan, training course or the products which may be described in it. The mention of any product does not constitute an endorsement by Paladin Mediation LLC or by Michael L. DeLong of any such product. Any resemblance to real persons, places or situations is purely coincidental.

Viewpoints presented by Paladin Mediation and Michael L. DeLong at this training course do not reflect any official policy or position of any agency, government entity, the Florida Supreme Court, the Office of the State Court Administrator, or the Dispute Resolution Center. Materials are to be used in conjunction with the training course and are for educational purposes only and do not constitute any legal advice or any legal opinion. Course attendees and users of any training materials should always check with cited legal or other authorities before relying on such material. Materials are deemed current only as of the date specified by the instructor or staff on the materials themselves.

DOMESTIC VIOLENCE- DEFINITIONS

FSS # 741.28

“Domestic violence” means any assault, aggravated assault,

battery, aggravated battery, sexual assault, sexual battery,

stalking, aggravated stalking, kidnapping, false imprisonment,

or any criminal offense resulting in physical injury or death

of one family or household member by another family or

household member.

DOMESTIC VIOLENCE - FSS # 741.28

FAMILY OR HOUSEHOLD MEMBER

“Family or household member” means spouses, former spouses,

persons related by blood or marriage, persons who are presently

residing together as if a family (OR) who have resided together in

the past as if a family, (AND) persons who are parents of a child

in common regardless of whether they have been married.

With the exception of persons who have a child in common, the

family or household members must be currently residing (OR)

have in the past resided together in the same single dwelling unit.

BE AWARE OF DOMESTIC VIOLENCE

Look for Verbal Cues and Non-Verbal Cues that could signal DANGER.

Domination - Power and Control is the Goal.

Rule #10.400 says the mediator is responsible to safeguard the mediation process

( 3 ) “DV” Court Orders – Injunctive Relief , Agreed/Consensual Injunctions ,

No-Contact ( pre-trial ) Protective Order

Firearms , Ammunition , Explosives FSS # 790.233

Review : MEAC Opinions # 97-004 , # 96-005 , # 2012-001

INVESTIGATIONS – FSS # 741.29

Investigations

Primary Aggressor

DV Advocates

Injunctive Relief - FSS # 741.30

Pre-trial Release NCO’s

DV Injunctions for Protection

V.I.N.E. LINK program

RAY RICE AND THE NFL SCANDAL

Ray Rice was arrested Feb. 15, 2014 after he alledegdly struck then-fiancée Janay Palmer unconscious during an altercation at an Atlantic City, NJ hotel casino.

Video surfaced on the internet showing Rice dragging an apparently unconscious Janay Palmer out of an elevator. The couple has since married and Rice applied for reinstatement to other NFL teams.

Robert Mueller ( retired FBI Director ) was engaged to do an investigation of the NFL mishandling of the incident.

The 96 page report seems to exonerate the NFL handling of Domestic Violence process for Discovery, Evidence, Video/Audiotapes and Statements by the victim & witnesses.

OUTCOME: The NFL was labeled incompetent in their investigation but Not Corrupt. It’s been said “ Ignorance is Bliss” but is that a defense ?

WHAT THE NFL GOT WRONG

COOPERATION : The League did not include the NFL Players Association until later in their process. As a result, the two entities regularly spar on disciplinary matters which sap energy from more worthwhile pursuits and often times do not send a strong cohesive message to the Players and Staff.

SELF REFLECTION : The NFL has been looking forward but has not assessed past mistakes. For example , an anonymous survey of the NFL Players Wives/Significant Others could have offered important insight into the Domestic Violence problem. The knowledge could help shape future plans and it is very important knowledge to have.

NEUTRAL ARBITRATION : Other professional sports leagues have “N.A.” to offer players a sense of fairness in the disciplinary process. Commissioner Roger Goodell appeared to have briefly considered it , then backed away from implementing Binding Arbitration.

TONE : You need to set the Tone - Even when doing the Right Thing yet somehow the League comes off as clueless which feeds the critics/cynics who say it is just for show to keep the 10 billion machine working smoothly.

Do You Agree ?

WHAT THE NFL GOT RIGHT

EDUCATION : The NFL presented a One Hour program to each team and will continue to do training next season. The goal is cultural change.

LEADERSHIP : NFL Commissioner Goodell and his staff decided they were going to lead on this issue, but Do Not Underestimate the impact that the most popular sport in the USA can have on a Public Issue.

SPENDING MONEY : The NFL opened its wallet to fund the National Domestic Violence hotline for $ 5 million over the course of ( 5 ) years. NFL donated millions in advertising to anti-violence Publics Service Announcements ( PSA’s ) including their “ NO MORE program “.

LISTENING : After the Rice video was released on the internet, Commissioner Goodell called a half-dozen domestic violence experts and visited with groups by flying them to the NYC headquarters of the NFL. The League got educated and took heat from experts in person and has emerged with a different viewpoint and understanding of this problem.

Q. What Do You think ? Is that Enough ?

STRATEGIES

Strategies of Resistance by Victims of Violence ;

Personal strategies for resisting domestic violence include hiding, disguising his/her appearance, compliance with his/her demands, or perhaps fighting back.

Informal strategies are ways that men/women seek help in their resistance include telling family or friends, seeking shelter, and seeking support groups.

Formal strategies such as calling the police, filing for divorce or separation, seeking an injunction, counseling or other type intervention.

Signals & Cues for Mediators - Look and Listen for Domestic Violence and Dating Violence * Communication is Key *

Review : MEAC Opinion # 2011-018

RULE 10.420

Under Rule #10.420 Conduct of Mediation consider terminating Mediation because the Party/Victim may not have capacity to advocate for themselves.

paragraph”(b) Adjournment or Termination.

A mediator shall:

(5) terminate any mediation if the physical safety of any person is endangered by the continuation of mediation”.

Your Mediation Session client(s) emotions can include Fear , Blame , Combativeness , Domination in the conversation/session

Are there obvious injuries the Mediator observes ?

Your Perception is your Reality !

Review : MEAC Opinion # 2010-007 and # 2012-009

MEDIATOR SAFEGUARDS

Mediator Safeguard Checklist – some important items at any Mediation Sessions

Create your Own – Tools for your Toolbox ?

Mediators MUST ;

Have a “ Session Safety Plan “ and Use It !! K.I.S.S. principle

Develop a Pre-Mediation Screening model !! DRC 2008 questionaire

You MUST Address Threats, Weapons and On-going Abuse/Violence !!

Use www.vinelink.com Florida’s on-line Domestic Violence clearing house

STALKING

FSS # 784.048

Any person who willfully, maliciously, and repeatedly follows, harasses, or cyber-stalks another person commits the offense of stalking, a misdemeanor of the first degree

“Harass” means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person AND serves no legitimate purpose.

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.

AGGRAVATED STALKING

FSS # 784.048

Poses a Credible Threat

After Injunction (or) Other Court Protective Order

Minor under the age of 16

You could mediate Celebrities , Athletes , Actors

FEDERAL STALKING & CYBER STALKING

# 47 U.S. CODE , SECTION 223

Federal Rules of Civil Procedure provide for “ Injunctive Relief “

Notorious 2005 NASA astronaut case ( Orlando, FL )

“ Oefelein , Nowak , and Shipman”

DATING VIOLENCE

FSS # 784.046"Dating Violence" means violence between individuals who have (OR) have

had a continuing and significant relationship of a romantic (OR) intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:

1. A dating relationship must have existed within the past 6 months;

2. The nature of the relationship must have been characterized by the expectation of affection (OR) sexual involvement between the parties; AND

3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

SUMMARY

Body Language reading course http://en.wikipedia.org/wiki/Body_language

Interviews & Formatting your Questions

http://www.nj.gov/oag/dcj/njpdresources/dom-violence/module-four-

student.pdf

Verbal Judo http://verbaljudo.org

DATING VIOLENCE ….

The term Does Not include Violence in a casual acquaintanceship (OR)

Violence between individuals who have only engaged in ordinary

fraternization in a business or social context. ( workplace )

E-Harmony , Match.com , Speed Dating and other programs on Social Media.

Other than FSS # 784.046 (15 ) Violation of Condition for Pre-Trial release,

use the applicable statutes IE: Assault , Battery , etc.

FSS # 741.30 provides for V.I.N.E. LINK = VICTIM INFORMATION

& NOTIFICATION EVERYDAY ( active in 46 states )

US Passports for taking children out of the USA ?

https://www.vinelink.com/docs/fl/flstate/FL_VINE_Brochure_English.pdf

https://www.vinelink.com/vinelink/initMap.do

( 5 ) NOTORIOUS CELEBRITY DATING

VIOLENCE CASES

“How many years can some people exist

before they’re allowed to be free…”– Bob Dylan

Questions?