Amicus Brief for Domestic Violence Legal Empowerment and Appeals Project

Robertson v. Watson

Co-authored by: Sandra Tibbetts Murphy, Joan Meier, Deanne Maynard, Brian Matsui, Nicholas Miranda

An amicus brief before the U.S. Supreme Court supporting the right of private litigants to enforce their own civil orders through criminal contempt actions

View Article » DVLEAP Amicus Brief in Robertson.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

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

Center for Court Innovation Child Support Protocol

Liberty Aldrich and Judge Judy Reichler, for the Center for Court Innovation

A guide for integrated domestic violence courts

View Article » http://www.courtinnovation.org/_uploads/documents/child_support.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 Risk Assessment Bench Guide

Loretta Frederick (Drafted by the Minnesota Gender Fairness Implementation Committee)

This is a research-based risk assessment bench guide designed by the Minnesota Gender Fairness in the Courts Implementation Committee for use by judges, although it has not been formally implemented statewide nor adopted by the Supreme Court. It is intended for use in criminal cases (for setting bail, conditions of pre-trial release, sentencing), protection orders, and family court cases.

View Article » DV_Risk_Assessment_Bench_Guide.pdf

El Paso County, Colorado Institutional Safety and Accountability Audit Report

A Project of the El Paso County Greenbook Project

Contributors: Audit Team Members (see Acknowledgements);Audit Coordinator Lisa Tessarowicz; Project Director Amber Ptak, and BWJP Consultant Rhonda Martinson

A multi-disciplinary team in El Paso County, Colorado mapped their domestic violence prosecution system, conducted focus groups of battered women, interviewed numerous practitioners, observed domestic violence court appearances and reviewed prosecution files to determine what information/factors influence prosecutorial decision-making and case disposition in misdemeanor domestic violence cases, as they related to adult/child victim safety and offender accountability. Four themes in victim safety and offender accountability were discovered; These themes and recommendations to address them are set forth in this report.

View Article » ElPaso_County_Audit_Report.pdf
View Article » ElPaso_DataChart1.pdf
View Article » ElPaso_DataChart2.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

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

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 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

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

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

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

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/

WATCH

A Minnesota Court Monitoring Program. WATCH's mission is to make the justice system more effective and responsive in handling cases of violence, particularly against women and children, and creating a more informed and involved public.

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

Winona County Child Custody Safety and Accountability Audit Report

Local Safety Audit Coordinators: Loretta Frederick, Sr. Legal and Policy Advisor, BWJP and Valerie Williams, Women's Resource Center of Winona, MN

The Winona County Child Custody Safety and Accountability Audit explored the question: How is the safety and well-being of victims of domestic violence and their children addressed and promoted in the process of resolving child custody matters in Winona County, MN? This Audit report, the first to address family court child custody cases, consists of key findings and recommendations.

View Article » Winona_Custody_Audit_Report.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/