the civil side of things: orders of protection
DESCRIPTION
The Civil Side of Things: Orders of Protection. Ms. Lisabeth Marquardt Director, Strategic Initiatives. Value of RO s. Voluntary Compliance Mandatory Arrest Removal. More Value of RO s. Documentation Limiting access. Potential Risks of RO s. Abuse worsens Collusion Exposure. - PowerPoint PPT PresentationTRANSCRIPT
THE CIVIL
SIDE O
F THINGS:
ORDERS OF PROTECTIO
N
MS .
L I SA B E T H M
A R QU A R D T
D I RE C T O
R , S T R AT E G
I C I
N I TI A
T I VE S
VALUE OF ROS
• Voluntary Compliance
• Mandatory Arrest
• Removal
MORE VALUE OF ROS
• Documentation
• Limiting access
POTENTIAL RISKS OF ROS
• Abuse worsens
• Collusion
• Exposure
TYPES OF RESTRAINING ORDERS
Domestic Abuse ( 813.12)
Child Abuse (813.122)
Harassment (813.125)
Individuals at Risk (813.123)
Foreign Orders
THE PROCESS
Two hearings
Personal Service
Constructive knowledge
POTENTIAL REMEDIES
Review Injunction Form
http://www.wicourts.gov/forms1/circuit/index.htm
RELATED SOPS
• Property
• Service
• Order retention
• Department employees
• Firearm provision enforcement
WHAT CAN THEY TELL US ABOUT THE PETITIONER?
“In action”
Criminal case overlap
Credibility and follow-through
WHAT CAN THEY TELL US ABOUT THE RESPONDENT?
• Patterns
• Guns
• Other evidence
CONTACT BY PETITIONER
• Order not voided
• Safety strategy
• No mutual orders
WHEN BOTH PARTIES FILE
• First to file
• Race for removal
• Can both have grounds
A COURT ORDER IS A COURT ORDER
• Facebook, text, phone
• Not reporting as strategy
• Serious risk
INVESTIGATING VIOLATIONS
• Abuser manipulation
• Other witnesses
• Victim experience
• Skilled abusers
DOCUMENTING VIOLATIONS
• Service (Witness)
• Evidence of knowledge
• Terms of Order
IMPLICATIONS FOR PRACTICE
• Expect ambivalence
• Information about process
• Information about service
Avoid
• prescribing
• oversimplifying
• appearing judgmental
ABOVE AND BEYOND
• Assist connection to resources
• Request follow up
• Serve orders
• Standby for property pickup
OTHER ORDERS
• 72 hour NCO
• Bail condition
• Sentencing
• Divorce
BEHAVIOR THAT COURT CONSIDERS
Domestic Abuse — violence, threats of violence (that are specific), sexual abuse and property damage (in some cases)
Harassment — violence, threats of violence (that are specific), repeated behavior that serves “no legitimate purpose”, stalking, sexual assault
Child Abuse — physical injury to a child by other than accidental means, various sexual abuse/exploitation (including exposing a child to pornography, causing a child to expose genitals, exposing genitals to a child, prostitution, etc.), emotional damage (from a parent) and manufacturing meth.
Individual at Risk Interference of an investigationPhysical, Emotional and/or Sexual AbuseTreatment without consentUnreasonable confinement/restraintFinancial Exploitation NeglectHarassment StalkingMistreatment of an animal
WHY IT MIGHT BE HARD TO GET THE STORY
EmbarrassmentFeeling Responsible
Protecting the AbuserFear- of abuser, of losing kids, etc. Denial
Special Circumstances(disabilities, immigration status, same- sex relationship, financial dependence…)
Liz Marquardt, [email protected] Clinic, 414-278-5079Wisconsin Coalition Against DV(608) 255-0539, www.wcadv.org