1. Judicial Role in Domestic Violence Sentencing Sanctions and Civil Avenues of Protective Orders Learning Unit 6 A mini content lecture designed as a supplemental learning resource for CRJ 461 by Bonnie Black.

2. Learning Unit Objectives Compare and contrast the differences between orders of protection and injunctions against harassment. Describe sentencing trends in domestic violence. Explain the role of probation in domestic violence cases. 2

3. Goals of Judicial Intervention in D. V. Cases To stop the violence. To protect the abused party. To protect the children and other family members. To protect the general public. To hold abuser accountable and for stopping the behavior. 3

4. Goals Continued To rehabilitate the abuser. To provide restitution. To convey to the public that D.V. will not be tolerated and is a crime. 4

6. Protective Orders: Prohibiting contact

7. Abuser Accountability

8. Sentencing: Considerations and Options

9. Probation: Supervising and Monitoring Abuser Behavior

10. Visitation and Divorce

11. Custody and Visitation: Recognizing D. V. situations are different and dangerous

12. Mediation: Appropriate in D.V. cases? NO!!5

13. Controlling Behavior Used by Abusers in Court Follow victim in and out of court. Send victim notes or “looks” during proceedings. Bringing friends and family to intimidate. Long speeches about victim’s behavior that “made” abuser do it. Profound devotion or remorse to victim. 6

14. Controlling Behavior Continued Requesting repeated delays in proceedings. Requesting change of counsel. Requesting mutual orders of protection. Testing limits of visitation and other court ordered agreements. 7

15. Ways the Judge can Intercede Safe place for victim to wait. Parties sit on opposite sides of courtroom. Call D. V. cases early on calendar. Statements from bench reflect seriousness of D.V. Multiple actions with same parties, stay under jurisdiction of one judge. 8

17. Ordering bailiff or sheriff to accompany victim to transportation.9

18. Protective Orders An Option to Promote Victim Safety

20. Only a piece of paper; remain guarded

21. Service of court papers increases victim’s risk

22. Creates a paper trail11

25. Outside of D.V. legal relationshipNeighbor Classmate Etc. Civil Orders 12

26. What can AZ Orders of Protection do? No new crimes Exclusive use of the home to plaintiff Stay away from certain addresses Stay away from certain people Grant relief necessary to protect plaintiff If credible threat, prohibit purchase and/or possessing firearm; can order transfer of existing weapon 13

27. Where do I Request Order? Any court in Arizona regardless of where incident happened or where plaintiff lives Exception: If actions of paternity, custody, separation, divorce or annulment are pending, must go to Superior Court. 14

29. 5 days if exclusive use of home is issuedNot valid until served; must be served within one year of order or will expire No fee for filing or service required 15

30. AZ Protective Orders Have Limitations “The Judge does not have the authority to render custody…., order parties to obtain counseling, resolve property disputes, or fashion an Order of Protection affecting any visitation rights. These types of relief are appropriate for review by the Superior Court.” Source: Tempe City Court, http://www.tempe.gov/court/order_of_protection.htm 16

31. No Mutual Orders of Protection- ARS 13-3601H Separate request can be considered with findings: Two step test – 1. D.V. relationship 2. D.V. Crime has been committed or will be 17

32. Service Required to Validate Order Defendant should be personally served Valid one year from the date of service 18

33. Who Serves Orders? City Courts police Justices of the Peace constables Superior Courts sheriff Can hire private process server! 19

34. Registration Court must register order and certificate/affidavit or service with the sheriff’s office within 24 hours after receipt. 20

35. Violation of Order: Interfering with Judicial Proceedings A.R.S. 13-2810 Knowingly disobeying or resisting the lawful order of a court Class one misdemeanor Violation of Civil Order results in criminal actions 21

36. Emergency Orders of Protection A.R.S. 13-3624 Victim must request Law enforcement calls sheriff’s office Facts stated to judge on call Judge authorizes order for officer to sign Officer serves or leaves all copies with plaintiff Good to close of next business day 22 Temporary

37. Emergency Order Required Counties in AZ that exceed 150,000 in population Includes Maricopa, Mohave, Pima, Pinal, Yavapai and Yuma Why? Requires a judge on call 24/7 Registration with Sheriff required in other counties 23

38. Full Faith and Credit Federal provision Orders valid in all states regardless of where issued (includes tribal) NCIC Data Bank If can’t validate, officer can rely on copy or statement of party Example: Chandler Police can arrest on a violation of a Nebraska protective order. 24

39. Plaintiff invites defendant over to house. Can they be arrested for violating order? Plaintiff’s conduct does not affect the validity of the order. Only court can change order! Think About It! 25

41. If not, a hearing may be set and the defendant will have a chance to be heard before an Injunction Against Harassment may be issued.”Source: Tempe City Court, http://www.tempe.gov/court/order_of_protection.htm 26

42. Injunctions Against Harassment Series of acts that annoys, harasses or alarms Cannot give exclusive use of home Not in effect until served Relationship NOT D.V. 27

44. Shows a continuity of purpose.

45. Directed at a specific person.

46. Seriously alarm, annoy, or harass the victim without serving a legitimate purpose.

47. Would cause a reasonable person to suffer substantial emotional distress.

48. Actually causes the victim to suffer substantial emotional stress. 28

49. Violation Results in Crime: A.R.S. 13-2810 Interfering with Judicial Proceedings Class 1 Misdemeanor 29

50. The Judicial Role in Sentencing Holding Abusers Accountable

51. Sentencing Misdemeanor Cases Diversion common Unsupervised probation Possible jail time Felony Cases Probation common Specialized terms and conditions Possible prison time Plea bargain common! 31

53. History of violence

54. Not just criminal record

55. Victim Safety

56. Presence of risk factors and lethality indicators

57. Success of Intervention

58. Counseling history, if anySubstance Abuse Role in risk to victim and others Responsibility Level abuser assumes responsibility and plays the victimized offender False Recovery Period Evidence of disguises, i.e. going to counseling, stopped drinking, etc. Level of Violence Use of weapons Extent of injuries 32

59. Probation: The Arm of the Court Felony Offenses Supervised by County Specialized Probation Units Specialized D.V. Caseloads that are Smaller and Closely Monitored Specialized Terms and Conditions Specialized D.V. Courts emerging to Monitor Abuser’s Progress on Probation 33 *Most city (limited) jurisdictions have unsupervised probation.

60. Specialized Probation Terms: Maricopa County Screened by D.V. Court. No contact with victim without written permission from P.0. No contact with victim’s family unless approved. Abide by all court orders. Participate and successfully complete counseling. Arizona Profile 34

61. Specialized Probation Terms Continued Abide by treatment rules and pay for it. Authorize therapist to disclose progress to court and P.O. Report unauthorized contact by victim to P.O. Immediately report any service of court papers. Abide by any required curfew. Don’t threaten, intimidate or harass probation staff. Source: Form 1100-210-A, Superior Court of the State of Arizona, Maricopa County Division 35

62. The Judicial Role in Visitation and Divorce Special Considerations in Domestic Violence Cases

63. Safety Comes First “If your findings of fact support the conclusion that abusive behavior has occurred in the presence of the child, or toward the child, consider ordering no visits or only supervised visitation with clear guidelines and controls and appropriate interventions for the abusive parent. Monitor progress and ease contact restrictions if you determine that the interventions are proving effective and if safety permits.” 37 Source: “A Judicial Guide to Child Safety in Custody Cases.” 2008; National Council of Juvenile and Family Court Judges Family Violence Department, http://www.ncjfcj.org/content/blogcategory/256/302/

64. Visitation Centers an Option “Supervised visitation centers have the training and experience to provide services specifically for domestic violence cases.” Can be creatively developed. Neutral location. Monitoring and supervision should not be family member. Local victim advocates can assist the court with options. 38 Source: “A Judicial Guide to Child Safety in Custody Cases.” 2008; National Council of Juvenile and Family Court Judges Family Violence Department, http://www.ncjfcj.org/content/blogcategory/256/302/

65. Judicial Considerations in Visitation & Custody Orders Involving D.V. Professionally supervised visitation between child abusive and parent. If a non-relative can provide safe supervision, setting parameters for visitation and what behaviors justify supervisor terminating visit. Ordering parent whose behavior requires supervision to pay supervisor for costs of visitation exchange. Ordering a detailed visitation schedule. Designing an order that eliminates any contact between parties. 39 Source: “A Judicial Guide to Child Safety in Custody Cases.” 2008; National Council of Juvenile and Family Court Judges Family Violence Department, http://www.ncjfcj.org/content/blogcategory/256/302/

66. Considerations Continued Designate a person to communicate emergency messages when visitation cannot occur; set rules for communicator. Inform parties that failure to appear for visitation within a set number of minutes of appointed time (20-30 minutes), results in visit being cancelled; will not be made up. Setting date in 3 to 4 months to review compliance and any difficulties child might be experiencing. 40 Source: “A Judicial Guide to Child Safety in Custody Cases.” 2008; National Council of Juvenile and Family Court Judges Family Violence Department, http://www.ncjfcj.org/content/blogcategory/256/302/

67. Divorce Mediation “Mediation is generally not appropriate where safety issues (domestic violence, stalking, coercion, or sexual assault) of a parent or child are identified.” 41 Source: “A Judicial Guide to Child Safety in Custody Cases.” 2008; National Council of Juvenile and Family Court Judges Family Violence Department, http://www.ncjfcj.org/content/blogcategory/256/302/

68. Changing Attitudes Tough! District Court Judge Robert Wilcox in Maryland stated after a D.V. victim admitted having sex with the defendant 10 days after the assault: “It’s a word to the victims of the world, if you want justice you have to present yourself in a way that people will believe it.” Source: “Houseline” by House of Ruth, Volume Twelve, #1, Fall 2008 as reported in the Maryland Gazette on June 15, 2008.

69. Conclusions Protective orders are valid one year from date of service in AZ. Orders are valid throughout U.S. due to Full Faith and Credit. Service of protective orders can increase victim’s risk. Orders can only be changed by judge. Protective orders are civil documents with criminal consequences. 43