Civil Protective Orders - Are They An Effective Tool in Domestic Violence Prevention?

Employers should be interested in this - a study from the National Institutes of Justice (NIJ Journal No. 299) titled "Perspectives on Civil Protective Orders in Domestic Violence Cases: The Rural and Urban Divide" found that civil protective orders can be an effective tool for domestic violence prevention.

This is important information in the discussion about the effectiveness of civil protective orders.  For example, I know people who work with domestic violence victims who tell them "don't even bother to get a protective order because it doesn't help at all."

This study found subtle jurisdictional differences influence how women experience civil protective orders.

It looked at the impact of civil protective orders for domestic violence victims in five Kentucky jurisdictions. Civil protective orders, sometimes known as restraining orders, may cover various situations, such as ordering an assailant to avoid a victim's home and workplace or forbidding any contact with the victim, including by mail or telephone.

Findings from the study suggest that orders make a difference in safety, fear levels and cost savings. Moreover, urban and rural populations reported significant differences in fear. Half of the women who received protective orders did not experience a violation within the following six months. For the half who did experience violations, the levels of violence and abuse declined significantly compared with the six months before the protective order was issued.

Urban and rural women had similar views of the protective orders' effectiveness. However, rural women found more barriers to getting an order and having it enforced, thus experiencing less relief from fear and abuse. The study also explored the role of stalking in protective order violations and quantified the overall cost to society.

For employers, there is also important information about stalking behavior in this study. In prior research, Logan found that about half of the victims who get protective orders are stalked. Overall, protective orders were less effective for stalking victims than for other victims. Specifically:

• Women who were stalked by their violent partner before getting a protective order had a strong likelihood of protective order violations.
• Women who were stalked after the protective order were more afraid of future harm, experienced more distress related to the abuse, and endured more violence and more property damage.
• Women who were stalked after the protective order felt the order to be less effective compared with those who were not stalked.
• Stalking after the protective order was associated with violence, suggesting those who stalk are more violent and more resistant to court intervention.

The previous study examined victims with no protective order violations, victims whose protective orders were violated, and victims with violations and stalking. Stalking victims experienced higher distress levels and more property loss, lost more sleep, and took more time off from work, contributing to higher societal costs.

Stalking victims were less likely than other women to report a protective order violation. They said they felt the complaint would not be taken seriously or they feared they did not have enough proof.

So what does that mean for the workplace?  An employer shouldn't assume that just because the workplace is listed on the civil protection order it is "safe." An employer with an employee who have a civil protection order would be wise to work with that employee to utilize workplace protections and accomodations to keep the victim and other employees safe. And this is especially the case where stalking is involved. 

To read the full summary and link to the full study, click here: http://www.ojp.usdoj.gov/nij/journals/266/perspectives.htm

For resources to address domestic violence at the workplace, visit www.caepv.org.

January is National Stalking Awareness Month -"Know It. Name It. Stop It."

This month (January 2010) marks the 7th observance of National Stalking Awareness Month (NSAM) in the United States.

Did you know that each year, more than one million women and nearly 400,000 men in the United States are victims of stalking?

This year the theme is “Stalking: Know It. Name It. Stop It.” It challenges communities (including workplaces) to combat this dangerous crime by learning more about it and taking action.

The Stalking Resource Center and the Office on Violence Against Women has launched the 2010 National Stalking Awareness Month Web site at http://stalkingawarenessmonth.org/. The site offers fact sheets, media tools, brochures, posters and artwork, and much more. Check it out!

People do not always realize what "stalking" entails - your "stalker" is usually someone you know, and very often when a person is stalked at work, that indicates a "ramp up" in potential lethality. Do not "brush off" stalking. Take it seriously. . .whether it is in person or electronic. Keep records. Don't throw things away.

Often when I discuss this with people, they have not considered keeping the emails, or voice mails, or notes from the stalker as a record and they should. Do not feel silly about talking with law enforcement about this. . .and if you feel that police are brushing you off, talk to your state's attorney or district attorney.

Stalking is serious business, and laws have changed considerably across the US to protect victims.And if you are an employer, do not take "workplace stalking" lightly. A person being followed and called at work is a person in potential danger. And so is the rest of your workplace. Seek assistance.

And http://stalkingawarenessmonth.org/ is a great place to start.

Illinois Governor Signs "Cindy Bischof Law" Allowing Courts to Order Abusers to Wear GPS When Restraining Orders Have Been Violated

This is a follow up to a situation I've written about in the past few months -- so I wanted to make sure to post this:

CHICAGO – Joined by a bipartisan group of state legislators, domestic violence prevention advocates and the family of domestic abuse victim Cindy Bischof, Governor Rod R. Blagojevich today signed legislation to strengthen protections for domestic violence victims from their abusers. Senate Bill 2719, sponsored by State Senator Susan Garrett (D-Highwood) and State Representative Suzanne Bassi (R-Palatine), allows the courts to order an abuser to wear a GPS tracking device as a condition of bail in instances when a restraining order has been violated.

The legislation was sparked by the tragic event surrounding the death of Cindy Bischof whose ex-boyfriend was able to obtain a gun and shoot her in the parking lot of her real estate business, even after he had been arrested and prosecuted for violating a restraining order on two occasions.

“It is with a heavy heart for the Bischof family that I sign this legislation to enhance our state’s protections for domestic abuse victims,” said Governor Blagojevich. “The loss of their daughter was a terrible tragedy, but the Bischof family has used the heartbreak of her death to protect others like Cindy, who live in fear of their abuser. With this legislation, we will further help victims of domestic violence by monitoring their abusers whereabouts and aiding law enforcement in tracking violations of a restraining order.”

The law is effective January 1, 2009.

In a domestic violence case, if a domestic abuser is arrested for violating a restraining order and appeals for bail, the Cindy Bischof Law requires that the abuser must undergo a risk assessment evaluation and gives the court authority to require a GPS device be worn if bail is granted. In addition, the court must order the abuser to be evaluated by a partner abuse intervention program and order the respondent to follow all recommendations. The law also establishes an abuser’s failure to attend and complete a partner abuse intervention program as a new offense if the restraining order is violated.

The new law also adds at least a $200 additional fine to every penalty on a violation of a restraining order conviction. The fines will be deposited into the newly established Domestic Violence Surveillance Fund.

“Our family, friends, and foundation thank the General Assembly and the Governor for acting quickly and decisively to pass this legislation which will go a long way toward helping victims of domestic violence maintain some semblance of freedom from their offender in stalking situations,” said Michael Bischof, brother of Cindy Bischof.

Finally, the bill establishes the Domestic Violence Surveillance Program where the supervising authority over the abuser (whether it is the Illinois Department of Corrections, the Patrol Review Board or the court) will use the most modern GPS technology to track domestic violence offenders and defines what capabilities the GPS tracking system must have. The Division of Probation Services must establish all standards and protocols to implement the program.

The Governor was joined today at the Jane Addams Hull House by Illinois House Minority Leader Tom Cross (R-Plainfield), State Senator Susan Garrett (D-Highwood), State Representative Michael McAuliffe (R-Chicago), State Representative Patricia Bellock (R-Westmont), State Representative Dennis Reboletti (R-Addison), family and friends of Bischof Family, Assistant State’s Attorney Ketki Steffan of the 3rd Municipal District, Denise Snyder of the Illinois Coalition against Domestic Assault, Maria Pesquiera of Mujeres Latina en Accion, and other advocates who provide assistance for domestic violence victims.

“Here today we honor the memory of Cindy Bischof by helping to protect battered women from their abusive stalkers. I am pleased to stand here with this bipartisan group to witness the signing of this important legislation,” said House Minority Leader Cross.

“The Cindy Bischof Law will help law enforcement officials protect families through use of GPS systems, strengthen existing laws for protecting families, and may save lives,” said Senator Garrett.

“It was my honor to be a part of drafting and passing this important piece of legislation which will provide a much greater degree of protection for victims of domestic violence then has thus far been the case,” said Representative Bassi who was out of the state for the bill signing.

The legislation signed by the Governor is similar legislation passed in Massachusetts last year which tracked domestic abusers with GPS and used GPS to enforce protection orders against convicted abusers. Until today, GPS use in Illinois has been only utilized by the Department of Corrections and the Department of Juvenile Justice to track sex offenders.

8-21-08 UPDATE: After reading the blog, Ms. Magazine contacted me and let me know about an article they had regarding GPS and tracking offenders. It is located at http://www.msmagazine.com/Summer2008/GPStracking.asp.

Google Reaches Out To DV Community Before Releasing "Street View"

You have probably heard that Google recently released a new mapping tool called Street View - a feature that combines street-level 360-degree photos with Google's now well known 2-D online maps. It is my understanding that the images were created by a special truck that has driven roads in five United States cities. If you have seen them, they are VERY detailed. While on the one hand it is amazing technology, it is a bit disconcerting. While only public places are to be part of Street View, privacy issues and stalking come to mind -- it would not take much for a person to find your workplace or place of business using this tool.

And what about a domestic violence shelter?

Well, before releasing the new photo-enabled product to the world, Google reached out to the National Network to End Domestic Violence to make sure that the business listings didn't include women's shelters and created a way for local domestic violence groups to get photos of shelters removed if they appear on Street View.

Shelter and victim advocates can request an image be taken down via the site. The image will initially be blacked out, and after two weeks, it will disappear and simply not be part of the site's navigation, according to Cindy Southworth who heads the NNEDV's technology efforts, known as the Safety Net Project.

While that is a great idea, I guess you could still "identify" a blacked out image because you would recognize it was something you were not supposed to see and identify it that way? I am not sure. At any rate, it was wise that those involved in this technology at Google saw the downside before it went live and addressed it -- for the potential safety of those involved in family violence who are using shelters or other facilities that need safe locations.