Assessing your Court s Protection Order Process

Transcription

1 Assessing your Court s Protection Order Process January 17, :30pm Central Time Hon. Mary Fitzgerald, Dist. Judge, Tulsa, OK and Suzann Stewart, Executive Director, Tulsa Family Safety Center. Hosted by Sarah Henry, Attorney Advisor, National Center on Protection Orders and Full Faith & Credit. This project was supported by Grant No TA-AX-K052 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

2 + A Best Practice Assessment of Your Civil Protection Order System Hon. Mary Fitzgerald, 14 Judicial District Court Tulsa, OK Suzann Stewart, Director, Family Safety Center, Tulsa, OK Sarah Henry, Attorney Advisor National Center on Protection Orders and Full Faith & Credit

3 This project is supported by Grant No. K052 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

4 + Agenda Introductions: Hon. Mary Fitzgerald and Suzann Stewart, Tulsa Oklahoma National Center on Protection Orders and Full Faith & Credit Civil Protection Order Guide History Engaging in a Best Practice Assessment of the Civil Protection System What is the assessment Principles Who is the assessment for What do you need for the assessment

5 + Purpose Provide unique opportunity to ask a jurisdiction that has gone through the assessment process questions. Learn about the challenges and rewards both short and long term of conducting an assessment and making changes. Learn about the costs and time it takes to conduct an assessment.... All from a jurisdiction that has gone through the process.

6 + National Center on Protection Orders and Full Faith & Credit

7 + History and Information Violence Against Women Act passed in Contains a full faith and credit provision mandating inter-jurisdictional enforcement of protection orders. National Center on Full Faith and Credit was created in 1995 to assist in implementation of the Full Faith and Credit provision of VAWA. Providing Technical Assistance and information on FFC and federal and state firearm laws related to domestic violence since its inception. Name change to National Center on Protection Orders and Full Faith & Credit to highlight the extensive protection order TA provided.

8 + About our work All things having to do with domestic violence, sexual assault, stalking and dating violence protection orders, from issuance to enforcement. Information on inter-jurisdictional enforcement of protection orders and implementation of full faith and credit. Federal and state firearm laws as they relate to domestic violence. We provide technical assistance, legal research, promising practices, full faith and credit and firearm guides, etc.

9 + Engaging in a Best Practice Assessment of the Civil Protection Order System A Little Background

10 + NCPOFFC and the Burgundy Book In 2005, the Family Violence Department of NCJFCJ published A Guide for Effective Issuance & Enforcement of Protection Orders (Burgundy Book), created in partnership with OVW and NCPOFFC. The Burgundy Book advanced implementation of the VAWA Full Faith and Credit provision by addressing inconsistent and ineffective issuance, service, and enforcement of protection orders.

11 + Civil Protection Orders: A Guide for Improving Practice The Burgundy Book was re-envisioned, updated and renamed: Civil Protection Orders: A Guide for Improving Practice (CPO Guide). The section Common Ground details overarching principles that should guide the protection order process. Each profession involved in the process has its own section providing information on its unique roles and responsibilities.

12 + CPO Guide Assessment Tool

13 + CPO Guide Assessment Tool To assist communities in implementing the principles of the CPO Guide, NCPOFFC created: Engaging in a Best Practice Assessment of the Civil Protection Order System (CPO Guide Assessment Tool) This tool provides a systematic way to assess and improve protection order practice.

14 + What is it? A method to: Assess the efficacy of different portions of the protection order process as administered in your jurisdiction. Identify challenges and obstacles to a victim- centered and accessible protection order process. Encourage policies and procedures that increase the effectiveness of the protection order system in promoting victim autonomy and offender accountability.

15 + Tool s purpose Format is applicable to any jurisdiction and: Allows assessment of all or part of the protection order system. Assists in identifying challenges in the system. Aids in identifying stakeholders willing to facilitate systems change. Discourages finger pointing or scapegoating a single discipline or actor. Encourages meaningful dialogue that aids in meaningful improvement.

16 + Who can use the tool? Any jurisdiction, regardless of: Size Resources This tool is designed to provide guidance to jurisdictions with different levels of resources on how to assess some or all of its protection order process to increase victim safety and offender accountability.

17 + What the assessment entails: 1. Identify the key players in the protection order process and selection of a work group that helps lead the assessment. 2. Identify what is assumed or expected to happen in the existing protection order process (mapping and gathering applicable rules/regulations). 3. Identify what is actually happening (file and form review, observations, walk-throughs and interviews). 4. Identify where and how policies and procedures need to change to support a system that comports with best practices. 5. Develop recommendations for change and present to agency leaders.

18 + CPO Guide Tool Principles

19 1. Safety: Victim safety requires an ongoing evaluation of risk, orders that address custody, visitation and support, and consistent enforcement of orders.

20 2. Autonomy: Victims should be able to decide when to access the system, what relief will best serve their needs and when to exit the system.

21 3. Accessibility: A process that is open, has 24-hour access and linked services enhances victim safety. Physical and language barriers should be identified and removed.

22 4. Competence: Practitioners should have available on-going training to maintain and update knowledge about the protection order process and a broad range of information in order to provide appropriate assistance.

23 5. Reliability: Standardized policies should guide the protection order process so that intervention and enforcement is consistent and predictable. Practitioners need to be linked to each other so that the system as a whole is effective.

24 6. Collaboration: Institutionalized opportunities for collaboration among state, tribal, federal and military organizations should be created. Policies should promote collaborative relationships that include review and evaluation of the system as a whole.

25 7. Culture and Diversity: Practitioners should recognize their own assumptions and beliefs, and work with diverse community groups to ensure a system response that accounts for culture and diversity.

26 8. Community Engagement: Engage with community members to create opportunities for discussion to facilitate an understanding of domestic violence and the protection order process.

27 + How is the work of the assessment completed?

28 + NCPOFFC Provides Technical Assistance How much? Extensive: Site visits by NCPOFFC staff, Coordination with workgroup, Guidance on completing assessment tasks effectively, Assistance with compiling report and recommendations Limited: Telephone assistance Q & A when needed Guidance on completing assessment tasks

29 + How the assessment is conducted Worksheets Sharing findings with working group Distilling overall findings and making recommendations. Sharing findings and recommendations with agency leaders.

30 + Example of the Assessment Tool in Action

31 + Scenario The following facts have been provided to you as a workgroup member as part of an case file. It features a woman seeking dv services from a local advocacy agency. The notes in the file detail her experience so far. Mary is a woman who signs using American Sign Language. She is petitioning the court for a protection order. Because The court is located in a small, rural county, there are set days and hours for protection order hearings. PO s are docketed for Tuesday and Friday mornings from Mary requested an interpreter for her hearing, but the court did not obtain one in time. The court extended her order another week, but Mary has limited access to a car. Due to the rural nature of the county, there is no public transportation. Mary requested to reschedule, but the court has a policy of extending ex parte orders for one week only. Because she could not make this subsequent hearing, the court dismisses her petition with prejudice and sends her a bill for interpreter services. Mary seeks out the assistance of an advocacy agency, who assists her with refiling. She is dreading going through the initial process again, and the possibility of another fee for interpretation services.

32 + Polling Answers include not applicable (NA) and not possible (NP).

33 + Some Questions Provided by the Assessment Principle: The civil protection order system is open and welcoming. Court personnel are familiar with protection order eligibility requirements and can accurately communicate those requirements to petitioners. Child care is available for litigants seeking orders. The courthouse is physically accessible to all persons. Interpreters are available to assist throughout the civil protection order process. No fees are charged for requesting, filing, modifying, dismissing or serving an order. Principle: The courts findings are clear, concise, and on the record. Court order does not create undue burden on petitioner. Court is aware of other court orders in effect, e.g. juvenile, family court, and does not create contradictory mandates for petitioner or respondent. Court engages and collaborates with the petitioner in crafting the protection order relief. Protection order clearly specifies the protected party (parties), the restrained party, and the prohibited behavior.

34 + Policy Analysis MAGISTRATES: Magistrates are supervised by the Chief District Court Judge. The on-duty magistrate is the point of entry for the alleged victim seeking: (a) an arrest warrant for a crime of domestic violence, and (b) a civil domestic violence protective order when court is not in session. For the latter, the magistrate may issue an ex parte order on the authority of the Chief District Court Judge, or another on-call judge. A listing of judges, with contact information, will be maintained at the magistrates office and they will be contacted prior to entry or denial of a request for relief. When a denial is issued by a magistrate a judge can approval the denial without setting a subsequent hearing, thus dismissing the petition. While magistrates should be knowledgeable about domestic violence, they perform a judicial function and do not advocate for either side. CLERKS: Courtroom clerks assigned to Other Jurisdiction Protective Orders. Protective orders from another jurisdiction within State X or from another state should be honored as any other facially valid protective order according to the federal Violence Against Women Act of 1994.(VAWA 18 USC 2265) The out of state order must be registered with State X clerk of courts office to be enforced in State X. Officers should check with the issuing jurisdiction to verify the activity of the order if the victim cannot produce a valid copy. Even if an out of state order has not been registered with a State X clerk of court, officers should look for the underlying crime in the violation and charge the perpetrator with that crime, e.g. trespassing, assault, etc.

35 + Polling

36 + Policy Analysis Does the policy ensure a response that: Adheres to the principle of survivor safety and autonomy. Adheres to an approach that streamlines the protection order process. Acknowledges the roles that different disciplines play in the protection order process and the different goals of each disciplines. Recognizes the importance of collaboration among system actors to improve the protection order process. Reduces unintended consequences and the disparity of impact on victims and offenders. Recognizes protection orders from other jurisdictions are to be enforced as if they were issued locally. Recognizes that only the respondent, and not the petitioner, can violate the protection order.

37 + Outcomes and Conclusions

38 + The Tulsa Experience

39 + Selecting and Convening a Committee 1. Convened by a neutral source 2. Identified stakeholders Court Tulsa Police Department (TPD) Tulsa County Sheriff s Office (TCSO) Tulsa County Court Clerk Domestic Violence Intervention Services (DVIS), Family Safety Center (FSC) and other service providers Legal Aid Services of Oklahoma (LASO) Bar: Private and Public Defender 2. Scheduled lunch meetings and deadlines 3. Established ground rules and assignments 4. Technical Assistance

40 + Mapping and Misconceptions LIONS, TIGERS AND BEARS OH MY (Insert photo of our map) What do we think we do. (Describing the mapping process) Discussion Our perceptions about what happens Our questions raised surprises Rabbit Holes Staying on the mission

41 + Assessing the System and Our Colleagues Professional NOT personal Process NOT people Committee members assessed areas outside of their area of profession Observations: walk through and ride along Litigant interviews Document Review Access Review: what we thought happened compared to what was really happening

42 + Making Recommendations and Following through What should be happening BEST PRACTICES Identified gaps and strengths Prioritize: immediate, short term & long term recommendations Follow-up Compiling the Report Regular Reviewing of the Report Looking at Rabbit Holes for further exploration The resulting Family Court Assessment Be Careful what you wish for

43 + How do I get one?!

44 + Next Steps Review the Assessment Tool Discuss the Possibility of an Assessment with Agencies that Would be Observed and other Key Players. Contact NCPOFFC to discuss how an assessment would meet your needs

45 + Special Message for Grantees This assessment can be included in applications for certain grants! This activity will meet certain grant objectives detailed in grant applications. If you need assistance determining if this assessment will meet your needs, please contact NCPOFFC.

46 + Questions?

47 + Contact Us National Center on Protection Orders and Full Faith & Credit (800) prompt 2 or (703) ncffc@bwjp.org Follow Us: Facebook Twitter LinkedIn