A Balanced Collaboration

Vermont's Protocol for Law Enforcement Response to Children

Jane Sadusky for BWJP

Partnership and collaboration in name only has characterized many attempts to draft protocols or working agreements and build a coordinated community response. Vermont had a different experience in building a protocol to guide law enforcement's response to children on domestic violence calls. This paper examines the process they used, including areas of agreement and uncertainty, and introduces the protocol to a wider audience of interveners. It provides a starting point for other communities to explore their own response to children at domestic violence incidents, as well as an approach that can be used to examine other aspects of intervention.

View Article » A_Balanced_Collaboration.pdf

A Balanced Collaboration

Vermont's Protocol for Law Enforcement Response to Children at the Scene of a Domestic Violence Incident

Jane Sadusky

Partnership and collaboration in name only has characterized many attempts to draft protocols or working agreements and build a coordinated community response. Vermont had a different experience in building a protocol to guide law enforcement's response to children on domestic violence calls. This paper examines the process they used, including areas of agreement and uncertainty, and introduces the protocol to a wider audience of interveners. It provides a starting point for other communities to explore their own response to children at domestic violence incidents, as well as an approach that can be used to examine other aspects of intervention.

View Article » Vermont_Model_Protocol.pdf

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

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 Bar Association Statutory Summary Charts

These charts summarize statutes from all 50 states regarding domestic violence, sexual assault, stalking, dating violence and trafficking.

View Website » http://www.abanet.org/domviol/statutorysummarycharts.html

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

An Approach to Legal Advocacy for Individual Battered Women

Jill Davies, Greater Hartford Legal Assistance, Inc. Posted with permission.

This chapter was developed for non-lawyer advocates working with individual battered women. Effective legal advocacy requires a thorough understanding of the law, the courts, and domestic violence.

View Article » Approach_to_Legal_Advocacy.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

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 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

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

Enhanced Penalties for Domestic Violence

State Statute Chart

Eve Zamora

The following is an alphabetical listing of all states that have enacted statutes enhancing penalties for domestic violence crimes. The term "enhanced penalties" as used in this document encompasses sentencing, charging, fines, protection order violations, repeat offenders and mandatory treatment. An updated 2009 version will be available soon.

View Article » Enhanced_Penalties_2005.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

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 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

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

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

Safety and Accountability Audit of Probation Supervision in Domestic Violence Cases

Carolyn Ham and Stephanie Avalon, edited by Denise Gamache, BWJP

Report of Hennepin County Probation Audit, findings and recommendations. The safety audit was directed toward two questions of interest: 1) Do probation officers have adequate information to enable them to refer domestic violence offenders to an appropriate batterer intervention program?, and 2) How does the communication of probation officers with domestic violence victims contribute to victim safety and offender accountability?

View Article » Safety_Accountability_Audit_Probation_Supervision_in_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

Strangulation Matrix

Compiled by the National Center for the Prosecution of Child Abuse in 2007 and the Battered Women's Justice Project in 2008

This chart is a compilation of the strangulation laws in the United States. Updated 2008.

View Article » State_Strangulation_Matrix.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 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/