Assisting Immigrant Victims of Domestic Violence

Advocate's Guide

BWJP

This guide for advocates and volunteers focuses on the needs of newly-arrived battered immigrant women whose immigration status is unsettled. It explores: how to more effectively respond to battered immigrant women; how immigration status is used as a weapon in domestic violence cases; the options open to immigrant victims, the documents they need, and when a referral to an immigration attorney should be made.

View Article » Immigrant_Victims_Advocates_Guide.pdf

Assisting Immigrant Victims of Domestic Violence

Law Enforcement Guide

BWJP

This guide provides a brief overview of the issues law enforcement should consider when working with immigrant communities, and in particular immigrant victims of crime by: exploring various immigration laws and terms that officers need to know; examining the challenges immigrant crime victims face navigating the justice system; identifying how officers can protect and assist immigrant crime victims while managing their enforcement role.

View Article » Immigrant_Victims_LE_Guide.pdf

Assisting Immigrant Victims of Domestic Violence

Prosecutor's Guide

BWJP

This guide is intended to give a brief overview of the issues prosecutors should consider when handling cases involving immigrant victims by: exploring relevant immigration laws and terms; examining the challenges immigrant crime victims face navigating the justice system; identifying how prosecutors can most effectively proceed with cases involving immigrant crime victims

View Article » Immigrant_Victims_Prosecutors_Guide.pdf

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

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

Confidentiality

An Advocate's Guide

Julie Kunce Field, Deb Goelman, Barbara Hart, Rebekah Lee, Sandra Murphy, Kim Tolhurst, and Roberta Valente

Confidentiality and privilege are key to keeping battered women safe and represent the cornerstones of all successful advocacy and shelter programs. This guide is intended to familiarize advocates with a variety of laws, policies, requirements, and best practices on the topic of confidentiality.

View Article » Confidentiality_Advocates_Guide.pdf

Domestic Violence Advocates and the Unauthorized Practice of Law

Kristine Lizdas and Sandra Murphy, BWJP

This document is intended for both volunteer and paid staff of nongovernmental domestic violence programs who work directly with victims of domestic violence currently engaged in one or more legal matters related to their battering. This document is intended to highlight the possible issues for advocates and provide suggestions for better advocacy practice; it is not intended as, and should not be construed as, the provision of legal advice in any capacity.

View Article » DV_Advocates_and_the_Unauthorized_Practice_of_Law.pdf

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

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

Intimate and Caregiver Violence Against Women with Disabilities

Patricia E. Erwin

At the intersection of disability and domestic violence is a population of women that has been rendered invisible by a lack of services in the battered women's movement and a lack of recognition of violence in their lives by disability services providers.

View Article » Intimate_Caregiver_Violence_against_Women_with_Disabilities.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

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

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

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

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

Slipping Through the Cracks

How Incomplete Data Collection Allows Domestic Abusers Access to Firearms

Citizens for a Safer Minnesota and the Battered Women's Justice Project

Citizens for a Safer Minnesota Education Fund (CSMEF) and the Battered Women's Justice Project (BWJP) recently conducted a project to assess the completeness of the Criminal History Database maintained by the Minnesota Bureau of Criminal Apprehension (BCA) for domestic violence misdemeanors. It was determined that less than 30% of individuals convicted of misdemeanor domestic assault during a one-year period were found in the BCA live criminal database. The following report provides background information, detailed methodology, implications, and recommendations based on these results.

View Article » Slipping_through_the_Cracks.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

The Dangers of Presumptive Joint Physical Custody

Gabrielle Davis, Kristine Lizdas, Sandra Tibbetts Murphy, Jenna Yauch

This article details the problems that arise for victims of domestic violence and their children from legal presumptions for joint physical custody, and strongly advocates against such legal presumptions.

View Article » Dangers_of_Presumptive_Joint_Physical_Custody.pdf

The Evolution of Domestic Violence Theory and Law Reform Efforts in the United States

Loretta Frederick, BWJP

Criminal justice system intervention in domestic violence cases takes place in the context of more than two decades of organizing and legislative change. This history has repercussions for today's practice and informs contemporary reform efforts.

View Article » Evolution_DV_Theory_and_Law_Reform.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/

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

Why Should Advocates for Battered Women Want Batterers To Be Provided with Adequate Legal Representation When They Are Arrested for Assaulting Their Partners?

Loretta Frederick, BWJP

The existence of a competent defense bar in any community does not undermine the effort to use the law to stop domestic violence. A fair and well-functioning criminal legal system may create general deterrence even where the conviction rate is less than 100%.

View Article » Adequate_Legal_Representation_for_Batterers.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/