prosecution, rehabilitation & restoration a domestic violence collaboration
TRANSCRIPT
Prosecution, Rehabilitation & Restoration
A Domestic Violence Collaboration
Presenters
John Mascolo Director, Domestic Violence Unit, Summit County
Prosecutor’s Office [email protected]
David Siko Senior Probation Officer, Domestic Violence Unit,
Summit County Adult Probation Department [email protected]
Lauren Bartholet Victim Advocate, Victim Assistance Program [email protected]
Presenters
Kim Subotin Victim Advocate, Summit County Prosecutor’s
Office [email protected]
Special thanks to Holly Johnston.
Who are you?
History of Collaboration: DVU/SAFE
2004: Creation of DVU/SAFE New staff focused on felony Intimate-Partner Violence Summit County Prosecutor’s Office Re-organized grand jury process; developed “Domestic
Violence Day” New prosecutors handled select cases and supervised
courtroom prosecutors regarding protocol for intimate partner domestic violence cases
Protocol developed for evidence-based prosecution of intimate partner domestic violence in office.
1.5 prosecutors 1 investigator Battered Women’s Shelter—victim advocate Victim Assistance Program: victim advocate
History of Collaboration: DVU/SAFE
2006: Expansion of DVU/SAFE 2.5 prosecutors, 1 investigator, 2.5 victim
advocates, 1 probation officer, .5 secretary Including 1 Prosecutor trying cases full time Supervisor for Unit Administrative Specialist Probation Specialist Coordinated with Victim Services
History of Collaboration: DVU/SAFE
2007: Moving Towards the Future 4 prosecutors full-time
2 on DOJ grants, 2 paid by Summit County 1 investigator (DOJ grants) 2 victim advocates (DOJ grants) 1 probation officer (DOJ grant)
Supervising and administrative functions no longer grant-funded.
2008 Domestic Violence Training Project
Coordinator 2 part-time
Dynamics of Domestic Violence
Domestic Violence is a pattern of abusive or coercive behavior used to control an intimate partner Physical Sexual abuse/violence Psychological/emotional abuse Verbal abuse
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Dynamics of Domestic Violence
Victim is forced to change her behavior in response to the abuse
Occurs in current or former dating, married or cohabiting relationships of heterosexuals, gay, lesbian, bisexual and transgendered individuals.
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Common Battering Perceptions (Excuses) Victims behavior Illness Genetics Cultural norms Alcohol Stress Learned Behavior Anger management Family Issue It’s her fault
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
POWERAND
CONTROL
COERCION & THREATS INTIMIDATION
MALE PRIVILEGE
ECONOMIC ABUSE
ISOLATION
USING CHILDREN
MINIMIZING, DENYING & BLAMING
EMOTIONAL ABUSE
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Barriers to Victim Safety
Relentless behavior of batterer Fear of what batterer might do Fear for children or losing custody Financial dependence Conflicts with religious beliefs Isolation and lack of support
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Barriers to Victim Safety
Culture Shame (make excuses for batterer’s violence) Immigration status Disability Minimizing the violence Maintaining access to the batterer
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Barriers to Victim Safety
Access to shelters LGBT victims Older children Pets Drug and alcohol use Dietary restrictions Limited resources for disabled victims
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
How do you talk to a DV Victim
Nonjudgmental Allow them to talk Be Patient Be prepared to offer information on finding
help if necessary Be truthful Tell them what you can and cannot
do
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
6 Things to Say to a DV Victim
1. I am afraid for your safety.
2. I am afraid for the safety of your children.
3. It will only get worse.
4. I am here for you.
5. You don’t deserve to be abused.
6. It is not your fault.
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Diversity Considerations
Batterers may use cultural beliefs to control their victims
Batterers may use officers’ and advocates’ personal biases to manipulate
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Lethality Indicators
Threats of homicide or suicide Fantasies of homicide or suicide Weapons Ownership of victim Victim is pregnant Harming or killing pets
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Lethality Indicators
Obsessed with the victim and family Depression/mental illness Access to the victim and/or family Hostage taking Escalation of batterer risk-taking
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Dangers & Risk Indicators
Prior contacts with law enforcement Pregnancy Drug and alcohol consumption Increase in frequency and severity of abuse Strangulation Battering during pregnancy Cruelty to pets/damage to property Violence towards children
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Evidence-Based Prosecution of Domestic Violence
Evidence-Based Prosecution of Domestic Violence Many times, victims are pressured not to
participate in the prosecution. Enhanced investigations allow the
prosecution not to rely solely on the victim’s testimony.
New paradigm: The goal of a domestic violence investigation is to NOT need victim testimony. (Think Homicide cases)
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Photographs
Law enforcement is instructed that there is always a crime scene
Photos document injuries, the crime scene, and more.
Evidence
Guns Weapons Statements Jail calls 911 calls Strangulation Evidence Medical & Hospital Records Expert testimony
Medical, injury-focused Battered Person Syndrome
In Ohio, see State v. Haines (2006),112 Ohio St.3d 393
Children & Violence (Male in background): “Don’t
call 911!” Little girl: “My mom’s
boyfriend is hurting my mom…”
911 operator: “Somebody’s what?”
Little girl: “Hurting my mom –”
2nd 911 call (Female): “My kids are
gonna see this!” Little girl: “My mom’s
boyfriend-”
Child Witnesses
Children should be interviewed Children of violence do not learn boundaries Violence creates constant anxiety and a
violent home means feeling powerless Battering creates low self-esteem Children SEE and HEAR violence Referral to ‘Children Who Witness Violence’
Protection Orders
NOTICE TO DEFENDANT: ONLY THE COURT CAN CHANGE THIS ORDER. THE COMPLAINANT/VICTIM CANNOT GIVE YOU LEGAL PERMISSION TO CHANGE THIS ORDER...
Therefore, if the Victim cannot give the Defendant legal permission to change the Protection Order, then neither can law enforcement.
Types of Protection Orders
Protection Orders are not merely “no contact” orders. TPOs and CPOs go well beyond an order to have “no contact.” In fact, a person can violate a Protection Order simply by abusing alcohol or drugs; read the Order.
Protection Orders
If there is a trespass in the Victim’s home by force, stealth or deception, there should also be a charge of Burglary considered.
Force, stealth, or deception + enter or remain + without privilege = Burglary
The TPO or CPO removes any former privilege to enter the Victim’s home.
Our Work with Protection Orders
Attempting to bring consistency to Orders of Protection When they are issued When they are withdrawn Roles
Prosecution: Center on need to prevent further victimization
Victim Advocate: Represents the will of the victim Probation: Dealing with the reports of violations
Defendants & The Cycle of Violence
We want the defendant to get help Batterers’ Intervention Program (6 month
minimum) Mental health expert Drug and/or alcohol counseling Can be an opening for change
But don’t be naïve Chosen conduct Many do not want to change Antisocial or Oppositional
Probation History
Unit started in 12/2005 Another draftee Fresh Slate Constant growth Who is supervised?
No one needs to reinvent the wheel
Ann Crowe—APPA
Dr. Andrew Klein
Duluth Project
Probation Structure
Specialist officer Domestic Violence Felony Three (Violation of Protection Order) Menacing by Stalking NO PSI writer
What is your agency structure?
Supervision Tools
Supervision tools Questionnaire Special Rules Definition of Offensive Conduct Intimate Partner Disclosure
Supervision Tools
Learning a new language to paint an accurate picture.
Good citizen vs Picture of violence Include the Children
Supervision Tools
Many victims will report they have been “choked” when in technical terms they were the victims of strangulation.
Choking = an internal obstruction of the airway. Strangulation = a form of asphyxia characterized by
closure of the blood vessels and air passages of the neck as a result of external pressures on the neck.
Recent development of strangulation offense in several states
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training Center’s Domestic Violence Instructor Training Program
Video
Relationships Between Prosecutors, Probation and Advocates Follow case from beginning Be made aware of cases that do not fit
protocol Provide prosecutors with understanding of
probation actions Provide information to PSI writers from
prosecutors Monthly in-service meetings of collaborative
staff
Victim Advocates & Probation
A conduit for the victim Contact information for the victim Sharing the burden of obsessive victims Help determine validity of complaints
Challenges
Statistics Additional Meetings Additional Training Officer Resistance Time Consuming Cases Not always on the same page
Traditional view Modern view Burnout
Solutions
With victim services Expert testifying Domestic Violence Nurse Examiner (DVNE)
Services Victim advocates present at meeting with
prosecutor With probation
Clarence Fry case Before collaboration with probation Emphasize need for police and judicial
training
Solutions
With Prosecutors Consistent theme of victim safety and offender
accountability should guide evidence-based prosecution of domestic violence
Seek PSI with all offenders Gives court and probation more knowledge so
sentencing decision is better-informed Consider mental health assessment and
drug/alcohol assessment as part of each PSI if possible
Use Lethality Assessment tool; do not rely solely on victim’s statement for determination of victim’s safety
Provides offenders opportunity to show remorse and articulate the wrongfulness of their offense (or not).
Why Does Collaboration Work
Everyone does job with more information, not less
“It takes a village” mentality Improved sentencing recommendations Main objective is to hold violent offenders
accountable and keep victims safe Intervention in the cycle of violence is a good
thing
Thank You for Your Support
Summit County Prosecutor Sherri Bevan Walsh
Rev. Robert Denton-Victim Assistance Program
Terri Heckman-Battered Woman’s Shelter Summit County Court of Common Pleas
Honorable Elinore Marsh Stormer –Administrative Judge
Honorable Paul J. Gallagher— Presiding Judge