Abuse of Power

Provides resources for victims of law enforcement-involved domestic violence and their advocates.

View Website » http://www.dwetendorf.com/

Advocacy and the Battered Women's Movement

Stephanie Avalon, BWJP

Any advocate working within the courts knows the justice system continues to pose significant challenges to battered women attempting to access the system. Those challenges, and the barriers that they create, are the very reasons why we began advocating for women in the first place. Professionals, private attorneys, prosecutors, judges, court clerks and other personnel responded to domestic violence in ways that exacerbated, rather than confronted, women's entrapment...

View Article » Advocacy and the Battered Women's Movement.pdf

Advocacy in a Coordinated Community Response

Overview and Highlights of Three Programs

Rose Thelen, Gender Violence Institute, for BWJP

This article gives an overview of advocacy - namely individual advocacy and systems advocacy - and describes them as an integral part of a community response to domestic violence. It also stresses the importance of each type of advocacy working collectively in enabling battered women to overcome obstacles.

View Article » Advocacy_in_a_Coordinated_Community_Response.pdf

Advocates and Victim/Witness Specialists

Differing Roles to Achieve Common Goals

Stephanie Avalon

This article compares two major groups of victim service providers working in the court system: advocates working for battered women's program and victim/witness specialists employed by prosecutor's offices. It disucsses inevitable conflicts arising from their different roles and offers some strategies for working together.

View Article » Advocacy_and_Victim_Witness_Specialists_Differing_Roles_to_Achieve_Common_Goals.pdf

American Probation and Parole Association

An informational and resource site for probation and parole

View Website » http://www.appa-net.org/eweb/

At A Crossroads

Developing Duluth's Prosecution Response to Battered Women Who Fight Back

Mary Asmus, Chief Prosecutor, City Attorney's Office, Duluth MN

This monograph tells the story of how city prosecutors, battered women's advocates, and other practitioners in Duluth's criminal justice system came together to address the unique issues presented by domestic violence defendants who are also battered women. This monograph also offers a firsthand looks at how institutional change can happen in the criminal justice system.

View Article » At A Crossroads_part1.pdf
View Article » At A Crossroads_part2.pdf
View Article » At A Crossroads_part3.pdf
View Article » At A Crossroads_part4.pdf

Batterer Intervention Services of Michigan

The Batterer Intervention Services of Michigan's website contains useful national information on state standards, etc.

Bellingham-Whatcom Domestic Violence Safety and Accountability Audit

Findings and Recommendations for Prosecution and Probation Responses

Safety Audit Coordinator: Sue Parrott, Director, Bellingham-Whatcom County Commission Against Domestic Violence

This audit explored the question: How do prosecution and probation recognize and respond to the complexities of risk and safety for all victims of domestic violence in the City of Bellingham Whatcom Three agencies offered their policies, practices, and case files for review during this audit, as well as contributed members to an audit team: the Bellingham City Prosecutor's Office, the Whatcom County Prosecutor's Office and the Whatcom County District Court Probation. The team's findings are based on information gathered during two community focus groups of battered women and their advocates, 35 individual interviews with a relevant practitioners, 40 observations of court and probations activities, and text analysis of case files from the City and Attorney's offices and District Court Probation.

View Article » Bellingham_Whatcom_Audit_Report.pdf

Bridging Domestic Violence Intervention and Community Policing

Partnership and Problem-Solving Tools

Jane M. Sadusky

In 1999, the Battered Women's Justice Project Criminal Justice Center began working with four communities to explore the application of community policing, with its emphasis on community engagement and problem-solving, to domestic violence. BWJP and its partners set out to analyze and articulate how it might intersect with the core principles of domestic violence organizing: victim safety, offender accountability, and community change. A complete discussion of this undertaking, and a case study for each community, can be found in Community Policing and Domestic Violence: Five Promising Practices, also available at this website. The project produced and used several tools that help link domestic violence intervention and community policing principles. The ideas, concepts, and strategies summarized in the following pages are meant to encourage community-based advocates and their law enforcement allies to consider new approaches to partnership and problem-solving.

View Article » Bridging_DV_Intervention_and_Community_Policing.pdf

Case Processing of Misdemeanor Domestic Violence Cases, Year 1

Initial Police Response to Arraignment

Sharonna Lee, Kristine Lizdas, J.D., Connie Sponsler; Editor: Denise Gamache, BWJP

BWJP decided to focus its initial examination on two specific interactions, based on the chronology of case processing and in response to concerns raised by the Family Violence Coordinating Council. BWJP audited the initial police response to domestic violence calls, and the post-arrest process of releasing defendants from custody up to the arraignment. This report addresses law enforcement, bail evaluation and pre-trial release.

View Article » Case_Processing_of_Misdemeanor_DV_Cases.pdf
View Article » Case_Processing_of_Misdemeanor_DV_Cases_Appendix.pdf
View Article » Case_Processing_of_Misdemeanor_DV_Cases_Progress_Report_on_Implementation.pdf

Community Policing and Domestic Violence

Five Promising Practices

Jane Sadusky for BWJP

In 1999, the Battered Women's Justice Project Criminal Justice Center began working with four communities to examine how domestic violence intervention could move beyond the limits of the criminal justice system and develop the capacity of diverse communities to engage in active problem-solving. The intent was to explore the application of community policing, with its emphasis on community engagement and problem-solving, to domestic violence. BWJP and its partners set out to analyze and articulate how community policing principles might intersect with the core principles of domestic violence organizing: victim safety, offender accountability, and community change. This article is the summary and analysis of that project.

View Article » Community_Policing_Domestic Violence.pdf

Coordinated Community Response to Domestic Violence

Information on the origin of the Duluth CCR can be found at this website.

View Website » http://www.theduluthmodel.org/duluthmodelonpublic.php

Crime Victim Compensation

Policy Paper Series

Barbara Hart, Esq., BWJP

This paper examines the context and gives an overview of the Victims of Crime Act; also considers policy implications.

View Article » Crime_Victim_Compensation.pdf

Criminal Prosecution of Domestic Violence

Linda A. McGuire, Esq. for BWJP

This article identifies appropriate goals to be pursued in woman battering and the special challenges these cases present to prosecutors. It offers guidelines for improving collaboration between prosecutors and advocates.

View Article » Criminal_Prosecution_of_DV.pdf

Domestic Abuse Intervention Programs

Domestic Abuse Intervention Programs, Duluth MN, is a nonprofit agency that works towards the elimination of violence in the lives of women and their children. DAIP believes that all forms of institutionalized oppression, including racism, classism, heterosexism, and ageism increase the vulnerability of women to individual acts of violence and to institutionalized acts of violence. The agency's mission is to focus its work on eliminating violence against women and to provide trainings and resources towards that end.

View Website » http://www.theduluthmodel.org/

Domestic Violence and Probation

Fernando Mederos for BWJP

This article offers specialized management techniques that probation officers can use to monitor batterers and intervene in domestic violence cases more effectively. The author offers suggestions on how to manage offenders on probation, respond to common excuses, and handle those offenders least likely to be held accountable.

View Article » Domestic_Violence_and_Probation.pdf

Domestic Violence and Sexual Assault Data Resource Center

This website provides information to researchers, practitioners, and members of the public interested in finding, using, or understanding domestic and sexual violence and stalking data.

View Website »  http://www.jrsa.org/dvsa-drc/index.html

Domestic Violence and Stalking

A Comment on the Model Anti-Stalking Code Proposed by the National Institute of Justice

Nancy K.D. Lemon

This article presents basic information about the extent of stalking in the U.S. and discusses the origin and current status of stalking laws. An analysis of the proposed NIJ anti-stalking code discusses their effectiveness and limitations from a domestic violence perspective.

View Article » Domestic_Violence_and_Stalking.pdf

Domestic Violence Safety and Accountability Audits

For information and contacts on conducting a Safety Audit in your community, visit Praxis International's website.

View Website » http://www.praxisinternational.org/

Effective Interventions in Domestic Violence Cases

Context is Everything

Loretta Frederick, BWJP

In order to ensure that criminal justice system interventions are effective in holding offenders accountable and protecting victims from harm, the context in which each act of domestic violence occurs must be understood.

View Article » Effective_Interventions_Context_is_Everything.pdf

Emerge

Emerge's website provides useful resources for people working with domestic violence offenders.

View Website » http://www.emergedv.com/

Enforcing Domestic Violence Firearm Prohibitions

A Report on Promising Practices

National Center on Full Faith and Credit

This report highlights promising practices currently employed around the United States and in tribal jurisdictions that represent innovative approaches to enforcing domestic violence firearm prohibitions. It provides brief descriptions of programs that are located primarily in law enforcement agencies, prosecutors' offices, courts, and probation departments.

View Article » Enforcing_Firearms_Prohibitions.pdf

Family Violence Prevention Fund

The FVPF breaks new ground by reaching new audiences including men and youth, promoting leadership within communities to ensure that violence prevention efforts become self-sustaining, and transforming the way health care providers, police, judges, employers and others address violence.

View Website » http://endabuse.org/

Giles v. California Amicus Curiae

Sandra Murphy and Kristine Lizdas, BWJP

Amicus Curiae Brief of the Battered Women's Justice Project and other domestic violence organizations in support of Respondent.

View Article » Giles_Amicus.pdf

Injustice Defined

Why Battered Women Cannot And Should Not Be Charged With Violating Civil Protection Orders That Were Issued At Their Request

Carolyn Ham

This memo provides advocates and attorneys with arguments against charging and convicting women with the violations of their own civil protection orders.

View Article » Injustice_Defined.pdf

La Crosse County Domestic Violence Safety and Accountability Audit

Phase 2: Post-Arrest through Prosecution, Findings and Recommendations

Produced by the La Crosse County Domestic Violence Safety and Accountability Audit Team. Primary Contributors: Safety Audit Coordinator Dar Jaeger and Safety Audit Consultant Jane Sadusky

The La Crosse County Safety Audit - Phase 2 explored the following question: How do post-arrest and prosecution responses to domestic violence cases in La Crosse County enhance or diminish victim safety and batterer accountability? The constant focal point of any Safety Audit is the gap between what people experience and need and what institutions provide; its focus is on institutional processes, not individual workers. A trained local team conducted interviews and observations with practitioners who are skilled and well-versed in their jobs. Their knowledge of the institutional response in everyday practice and their first-hand experience with the people whose cases are being processed supplied many of the critical observations and insights of the audit. The team also reviewed case files, policies, and other documents; this report summarizes their findings.

View Article » LaCrosse_Audit_Phase_2_PostArrest_Through_Prosecution.pdf

Law Enforcement Response to Domestic Violence Calls

Jackson County, Oregon

Audit Coordinator: Jennifer Maile, Jackson County Council Against Domestic and Sexual Violence; Community Works

Audit work continued, next examining dispatch and law enforcement responses. The audit team analyzed 50 calls to two 911 centers, and a consultant and the audit coordinator analyzed 15-20 police reports of domestic violence from 7 law enforcement agencies (a total of 92 reports) for how victim safety and offender accountability are built into the response of law enforcement officers to dual allegations of violence, sexual assault, stalking, strangulation, child witnesses and individuals from underserved populations; Team members observed and interviewed practitioners, and interviewed battered women; The team and a consultant debriefed all the information, discovering together the themes, conclusions, and recommendations that appear in this report, which truly is a product of group development and writing.

View Article » Jackson_OR_Law_Enforcement_Audit_Report.pdf

Marital Rape

Kersti Yllo, Ph.D.

In order to fully and adequately respond to men who rape and women who are sexually assaulted, we must focus our attention on forced sex in marriage, not as an additional form of physical battering, but as a significant violation in and of itself, whether accompanied by other violence or not.

View Article » Marital_Rape.pdf

Michigan Judicial Institute: Domestic Violence Benchbook

A Guide to Civil and Criminal Proceedings, 3rd Edition

A link to a bench book for civil and criminal domestic violence proceedings.

View Website » http://www.courts.michigan.gov/mji/resources/dvbook/dvbook.htm

Minnesota's Standards for Batterer's Programs

A Policy Review and Report on Implementation in Hennepin County

Sarah Myott

This report was created as a result of work conducted by the Battered Women's Justice Project and Hennepin County Community Corrections in order to begin work to implement MN Statute 518B.02, which sets minimum standards for batterers' programs used for court-mandated offenders. This report examines the legislation, including its background and context; reports on work done to implement this legislation in Hennepin County, and discusses ideas for policy change and implementation.

View Article » MN_Standards_for_Batterers_Programs.pdf

Model Policy for Judges on Imposing, Modifying and Lifting Criminal No Contact Orders

Jennifer Long, Christopher Mallios, Sandra Tibbetts Murphy

This paper sets forth a victim-centered analysis for judges and prosecutors to use when facing difficult decisions regarding the entering or modifying of no contact orders in criminal domestic violence cases.

View Article » Judges_Model_Policy_No_Contact_Orders.pdf

Model Policy for Prosecutors on Imposing, Modifying and Lifting Criminal No Contact Orders

Jennifer Long, Christopher Mallios, Sandra Tibbetts Murphy

This paper sets forth a victim-centered analysis for judges and prosecutors to use when facing difficult decisions regarding the entering or modifying of no contact orders in criminal domestic violence cases.

View Article » Prosecutors_Model_Policy_No_Contact_Orders.pdf

National Center on Domestic and Sexual Violence

The National Center on Domestic and Sexual Violence designs, provides, and customizes training and consultation; influences policy; promotes collaboration; and enhances diversity with the goal of ending domestic violence.

View Website »  http://www.ncdsv.org/

National Council of Juvenile and Family Court Judges

Family Violence Department

The Family Violence Department improves the way courts, law enforcement agencies, and others respond to family violence, while recognizing the legal, culural, and psychological dynamics involved with the ultimate goal of improving the lives of domestic violence victims and their children. This site also provides a database of state laws on domestic violence.

View Website » http://www.ncjfcj.org/content/view/20/94/

National Judicial Institute on Domestic Violence: Enhancing Justice

Another service provided by the Family Violence Prevention Fund, geared to judicial education.

View Website » http://endabuse.org/section/programs/judicial

National Network on Behalf of Battered Immigrant Women

The three offices (web addresses) listed form the National Network on Behalf of Battered Immigrant Women. Each organization can be contacted individually, or the Network can be found at the www.endabuse.org website.

View Website » http://www.endabuse.org/section/programs/immigrant_women
View Website » http://www.legalmomentum.org/our-work/immigrant-women-program/
View Website » http://www.nationalimmigrationproject.org/

OVW Giles v. California Statement

Cindy Dyer

Office on Violence Against Women official statement on the Giles v. California case. For more information, please see the BWJP amicus.

View Article » OVW_Giles_Statement.pdf

Potential Collateral Consequences of a Conviction for Misdemeanor Domestic Assault

Carolyn Ham, BWJP

This handout outlines many of the possible collateral consequences of a conviction for misdemeanor domestic assault in areas such as housing, immigration, and family court.

View Article » Potential_Collateral_Consequences.pdf

Pretrial Release Conditions in Domestic Violence Cases

Issues and Context

Jane Sadusky

This paper examines the question of pretrial release, conditions in domestic violence cases, focusing on balance between constitutional rights of the accused and protection of victims of crime, between safety and accountability, between ensuring appearance at trial and protecting others from harm, between a consistent response and the unique aspects of each case, each person, and sometimes the balance between space in the jail and the goal of safety.

View Article » Pretrial_Release.pdf

Primary Aggressor Chart

Compiled by Sandra Murphy and MaryKathleen Fenske, 2008

This is a 2008 compilation of all state statutes that use “primary” or “predominant” or “principle” aggressor language. Only the portion of the statute that applies to primary aggressor or mutual or dual arrest is cited in this chart.

View Article » Primary_Aggressor_Chart_Final.pdf

Prosecution Diversion in Domestic Violence

Issues and Context

Jane Sadusky

This paper examines the issues surrounding prosecution diversion and the context for reconsidering its role and related cautions in promoting victim safety and offender accountability

View Article » Prosecution_Diversion_DV_Cases.pdf

Prosecution Response to Misdemeanor Domestic Violence Cases

Jackson County, Oregon

Audit Coordinator: Jennifer Maile, Jackson County Council Against Domestic and Sexual Violence and Community Works

This audit examined how misdemeanor domestic violence prosecution responds to domestic violence. A team of criminal justice practitioners and battered women's advocates carried it out; team members observed police and probation officer activities, arraignments and sentencing. They interviewed a judge, law enforcement officers, jail staff, a release assistance officer, a clerk of court, prosecutors, a probation officer, a batterer's program provider, court officer, a defense attorney and victim services providers. A consultant and the audit coordinator analyzed 86 files for information available to a prosecutor to make case decisions, and for indicators of how victim safety and offender accountability are built into the job of a prosecutor; the information was compiled in a brief report comparing prosecution practices to current, national best practices in the field of domestic violence prosecution. In addition to this "report card," the report also contains recommendations that the Jackson County Council Against Domestic and Sexual Violence, Community Works, and the Jackson County District Attorney's Office can work together to implement.

View Article » Jackson_OR_Prosecution_Audit_Report.pdf

Prostitution Research and Education

Provides research on prostitution and trafficking, and links to services for prostituted women.

View Website »  http://www.prostitutionresearch.com/

Requisites for Any Court Handling Domestic Violence Cases

BWJP

A document compiled by the planning committee for BWJP's April, 2001, Dedicated Courts Training

View Article » Requisites_for_Courts_Handling_DV_Cases.pdf

Sample Motion to Quash Grand Jury Subpoena

BWJP

This document serves as a sample motion to be submitted by a domestic violence program that has received a subpoena in a grand jury proceeding, ording it to disclose confidential information.

View Article » Sample_Motion_to_Quash_Subpoena.pdf

Specialized Criminal Domestic Violence Courts

Julie A. Helling

The National Center for State Courts surveyed courts by mail in 1998 and received approximately 200 responses indicating that the court had some type of specialized procedures for domestic violence cases. This article provides a basic overview of issues involved in the specialization of criminal domestic courts. To provide a framework for the study of these types of courts, this paper profiles the criminal domestic violence courts of Seattle, Washington, Sacramento, California, and Vancouver, Washington. These three courts are representative of four basic models for specialization.

View Article » Specialized_Criminal_DV_Courts_part1.pdf
View Article » Specialized_Criminal_DV_Courts_part2.pdf

State Legislative Approaches to Bail or Pretrial Release Conditions for Domestic Violence Offenders

Carolyn Ham

This article summarizes and explains various approaches states have taken to increase victim safety through the imposition of release conditions on domestic violence offenders. A chart of state statutes is included.

View Article » State_Approaches_to_ Bail_or_Pretrial_Release_for_DV_Offenders.pdf

Structural Racism, the Criminal Justice System, and Violence Against Women

Literature Review

Gavin Kearney

Literature on domestic violence, the criminal justice system, and race/ethnicity all discuss a number of problems with using the criminal justice system to address domestic violence. This article seeks to address some of these interrelated/interdependent problems.

View Article » Structural_Racism_in_the_Criminal_Justice_System.pdf

The American Prosecutors Research Institute

The American Prosecutors Research Institute's website offers information on violent crime against women for prosecutors, including training information.

View Website » http://www.ndaa-apri.org/

The Role of Restorative Justice in the Battered Women's Movement

Loretta Frederick and Kristine Lizdas, BWJP

This article provides a comparison of the principles and practices of the restorative justice and battered women's movements. It provides an analysis and critique of each movement's response to domestic violence, and proposes an interpretation of what is effective, redemptive and liberating about the practices of each. Ultimately the paper provides suggested directions for future work within both fields.

View Article » Role_of_Restorative_Justice_Battered_Women's_Movement.pdf

VictimLaw

A comprehensive on-line database of state, federal, and tribal victims' rights law and protections; the website offers free, user-friendly access to information that until now has been difficult to find.

View Website » http://www.victimlaw.info/victimlaw/

Violence Against Native Women

A Guide for Practitioner Action

Office on Violence Against Women; National Center on Full Faith and Credit

This paper includes discussion of the theories of Native scholars regarding the sharp rise of the level of violence against Native women, as well as history and demographic information relevant to an overall understanding of the contemporary lives of Native women. This paper also reviews actions taken by the U.S. government and many tribal nations to respond to violence against Native women who have survived domestic or sexual violence.

View Article » Violence_Against_Native_Women.pdf

When Is Arrest Not An Option?

The Dilemmas of Predominant Physical Aggressor Language and the Regulation of Intimate Partner Violence

Trish Erwin

This article explores the philosophical, practical, and legal issues involved in using predominant physical aggressor language in response to addressing intimate partner violence.

View Article » When_is_Arrest_Not_an_Option.pdf

WomensLaw.org

Free access to legal information, including information on restraining orders, custody, divorce, immigration, and tribal law. Also, links to sheriffs' offices, and court forms and instructions on preparing for hearings, etc. All information is state-specific.

View Website » http://www.womenslaw.org/