Colorado Supreme Court Determines Scope of Victim-Advocate Privilege

In this criminal domestic violence case, the Colorado Supreme Court was asked, for the first time, to determine the scope of the victim-advocate privilege, embodied in section 13-90-107(k)(I), C.R.S. (2004). The defendant, Robert Turner, Jr., was charged with domestic violence against a particular individual, M.P. Turner issued a subpoena duces tecum to the Alliance Against Domestic Violence, a private domestic violence organization, demanding production of records of M.P.'s contact with the organization. The Alliance moved to quash the subpoena. Following a hearing on the defendant's Motion to Compel production, the trial court ordered the organization to produce a broad outline of the type of assistance provided to M.P. The Alliance petitioned the Supreme Court pursuant to C.A.R. 21 for review of that order. The court issued a Rule to Show Cause, which it now makes absolute - reversing the trial court order. The court now holds that the records of assistance provided to M.P. by the domestic violence agency are within the scope of the statutory privilege, and are, therefore, protected.

The court first looked to the statutory language protecting "any communications" made by the victim to the advocate, and concluded that such language would include the initial contact made by the victim with the agency, as well as communications generated from that contact. The court next took direction from legislative history indicating that the legislature intended a broad sweep of confidentiality in an effort to encourage domestic violence victims to seek assistance. Accordingly, the court concluded that the privilege would protect the records sought, absent a showing of express or implied waiver of the privilege by the victim, which was not present in this case. Also, the court held that the defendant's due process rights were not violated by denying him access to the records. Likewise, the court rejected the defendant's contention that his right to compulsory process requires that the Alliance comply with his subpoena. It reasoned, among other things, that the statute sufficiently protects the defendant's right to compulsory process by excluding records held by law enforcement victim advocates. The full opinion can be found at http://www.courts.state.co.us/supct/caseannouncements/2005/03-28-05.htm.

Body Shop Survey Finds Over Half US Adults Know Someone Who Has Suffered At The Hands Of A Violent Partner

A study by The Body Shop Americas Region reveals that an estimated 157 million Americans -- about 56% of us -- say they know someone who has suffered at the hands of a violent partner. When questioned about how they'd react if physically assaulted for the first time by a current or future partner, more than a third (39%) female adults say they'd leave immediately.

Yet the reality is that a woman suffering domestic violence will attempt to leave her abuser an average of 5 to 7 times before actually doing so.

And more than one third (34%) of women across America told researchers for The Body Shop they would be too embarrassed to tell their family and friends if they were being abused by their partner. The Body Shop 'Donate a Phone, Save a Life' campaign urges people across the United States to donate old or unwanted cellular phones at any of 300 plus The Body Shop U.S. retail locations from today through August 31, 2005.

Donated phones will be sold, refurbished or recycled, with proceeds benefiting the NCADV and the Wireless Foundation. Additionally, a number of phones will be distributed to approximately 200 women's shelters for dissemination to at-risk women who need access to a personal safety system when domestic violence strikes.

"I know from personal experience that this is a great cause that highlights an important and too often ignored issue," said Missy Elliott. "On behalf of The Body Shop, the NCADV and the Wireless Foundation, I urge everyone to dig up their unused wireless phones and bring them to your closest The Body Shop retail store. It is the easiest way to make a huge difference, and you might even save a life."

"Millions of unused cell phones can be the difference between life and death for countless domestic violence victims," says Joanne Calabrese, President of The Body Shop Americas Region. "As Americans begin to spring clean this season, we urge everyone to dig up those old or unwanted cell phones collecting dust in the back of a drawer or closet and bring them to your nearest The Body Shop. There has never been a simpler way to personally get involved in a public awareness campaign that ultimately can save lives."

Collecting cell phones can be an individual or collective effort. In fact, Amnesty International has agreed to partner with The Body Shop to lend a hand to this cause. With the goal of collecting 100,000 cell phones between now and the end of summer, the added support of reputable organizations like Amnesty International is invaluable.

The Body Shop is committed to campaigning to Stop Violence in The Home because it wants to make a real difference and impact in the fight against domestic violence. To further demonstrate this commitment, The Body Shop sponsored activities earlier this month in collaboration with Lifetime Television's 4th Annual "Stop Violence Against Women Week" in Washington DC. The U.S. campaign is also part of a company-wide effort to combat domestic violence - similar cell phone collections are taking place throughout Europe and Asia.


KRC Research conducted this nationally representative telephone survey of 1,021 adults aged 18 and over for The Body Shop. The margin of error is +/- 3.1% at the 95% confidence level. The Body Shop is an international, values-driven retailer of top-quality products for skin, hair and body care as well as a full line of make-up. The company has more than 300 stores in the U.S. and more than 2,000 locations in 50 countries spanning 30 languages and 12 time zones. The Body Shop Stop Violence in The Home campaign aims to break the silence around this issue and bring support, awareness and education to The Body Shop customers and employees. Visit http://www.thebodyshop.com/ for more information.

Biggest Health Risk For Australian Women Ages 15 To 44 Is Domestic Violence

According to a recently released study, the biggest single health risk factor for Australian women aged 15 to 44 is domestic violence.

The study, by Access Economics and submitted to a conference in Brisbane, says domestic violence is costing Australia more than $8 billion a year. The study says domestic violence is causing high rates of injury, depression, eating disorders, drug abuse, and early death. Access Economics has looked at the incidence of domestic violence between intimate partners in Australia and the flow-on costs of that violence. The study does not include violence against children.

Access Economics' Lynne Pezzullo says researchers were surprised by the health impacts of domestic violence. "If you measured the impacts of domestic violence as a risk factor for other conditions like suicide, femicide, depression, anxiety disorders, cervical cancer as well as other smoking-related illnesses because there is an increased propensity to smoke, you'd actually find that domestic violence is the largest risk factor for health for women aged 15 to 44," she said. Ms Pezzullo says much of the cost of domestic violence is borne by the victims."In fact people who suffer from domestic violence bear about half of the cost of domestic violence," she said. "You look at the costs of prevention activities and preventing domestic violence from happening and intervening early to stop it from continuing, and there's some good arguments for cost effective interventions in those areas."

Harvard University Group Calls South Carolina Pro Bono Program Innovative

A Harvard University group says a South Carolina project that trains criminal and civil lawyers to be volunteer prosecutors in domestic violence cases is one of the country's most innovative government programs. The Pro Bono Domestic Violence Prosecution Program is run by the attorney general's office. It's in the running for one of six $100,000 grants from Harvard and The Council For Excellence In Government. The Attorney General's program trains and supervises volunteer attorneys to prosecute criminal domestic violence cases in local court jurisdictions that lack a government prosecutor. Pro Bono attorneys also prosecute cases in Columbia's CDV court.

New North Carolina Laws on Domestic Violence Bring Little Immediate Change

Two new North Carolina laws meant to protect workers from domestic violence and its repercussions on the job have had little impact in the months since they were enacted. Advocates for victims say they are still being fired for losing work time to cope with their situation, and few employers appear to be taking advantage of their new right to order abusers to stay away from the workplace. "Employers can't let you go for taking time off to get a restraining order," said Johnny Lee, head of the anti-violence advocacy group Peace at Work. "But they can fire you for being a domestic violence victim."

One new law, which went into effect in October, is meant to protect workers from being fired, demoted or disciplined if they take reasonable time off to seek a protective order against an abuser. Another, effective in December, allows employers to file restraining orders on behalf of workers who may be victimized by abusers at work. Of 144 wrongful termination cases filed this year with the state Department of Labor, one in January involves a Charlotte woman who claims she was fired while securing a restraining order - the first complaint filed under that provision of the new law, state officials say. Lee, based in Raleigh, noted that the law does not define "reasonable," adding that securing a restraining order, which includes court appearances, can take as many as three days. Of 380 restraining orders filed in Mecklenburg County so far this year, only one came from an employer. Sheriff's records show the Westin Charlotte hotel filed a restraining order last week on behalf of a concierge. Hotel officials declined to discuss details, but the company told The Charlotte Observer in a statement that it applauds the state for passing a law that "enables businesses to proactively protect our employees.

20 Year Old Woman Shot & Killed Outside Her Workplace

A 20-year-old woman died on March 4, 2005, after police believe her boyfriend shot her at work. Around one o'clock, Lubbock police say Erica Perez was returning from lunch to the Cingular Call Center, when her boyfriend blocked her car and jumped inside. Witnesses told police they heard loud arguing and then two gunshots. Erica was taken to University Medical Center after she went into cardiac arrest.

Just after 1:30 p.m., 22-year-old Raymon Montelongo Junior came to LPD with information regarding the shooting. His black Monte Carlo matched the vehicle description of the car on scene. Police have processed the car and found a .380 semi-automatic pistol and have just told NewsChannel 11 they arrested Montelongo on murder charges.

Police say the couple did live together for a year, and they do believe domestic violence could have been a factor in the young girl's death.

Security Tool To Help Domestic Abuse Victims

The national program called "AWARE," or abused women's active response emergency, uses a small device, but it could mean the difference between life and death for someone threatened by domestic violence. ADT Security is the company the created and promotes the program.

Domestic abuse survivor Elissa Spivey says the sheer nature of the pendant makes it valuable in the face of danger, "The ability to be near it and the time and quickness that it operates. I had several experiences where i could get to a phone but the perpetrator hung up the phone."

ADT Security security will install the system free of charge and provide pendants for as long as victims need it. For more information visit http://www.adt.com/adt/about_adt/adt_in_our_communities/aware/

Domestic Violence Risk Measurement Tool Now Online

Each year, more than three million women in the U.S. are abused by their intimate partners–and more than 1,200 are killed by their abusers. These victims of homicide or attempted homicide are often unaware that their lives are in danger prior to the attack. The newly revised Danger Assessment instrument, developed by Johns Hopkins University School of Nursing Associate Dean Dr. Jacquelyn Campbell, is available now online to help women at risk learn their level of danger and to train domestic violence advocates, law enforcement, and health care professionals in measuring and warning danger levels.

“According to informants who knew the victims,” says Campbell, “only 47 percent of femicide victims accurately predicted their risk before the lethal event and only 53 percent of attempted femicide victims accurately predicted their risk before the attempted murder.”

Twenty-five years ago, Campbell created the first Danger Assessment (DA) to help victims of abuse and the professionals who work with them to better understand the threats to their safety and well-being. This year, Campbell revised and updated the assessment to incorporate the findings of recent domestic violence research and to deliver the mechanism to a wider audience through a new website, http://www.dangerassessment.org. Women who feel they are in danger may visit the website and download the DA for free. The results are best interpreted, however, by a person certified to use the DA scoring system. Criminal justice, health care and advocacy practitioners who wish to administer the assessment and interpret the scoring system also may use the website to obtain training and certification.

The assessment begins by giving a woman a calendar. She is asked to mark the days when physically abusive incidents occurred, ranking each incident’s severity on a scale between one and five. This exercise can heighten the woman’s awareness of her situation and reduce denial and minimization of the abuse. When the DA was originally developed, Campbell found that 38 percent of women who initially reported no increase in severity and frequency changed their response to “yes” after filling out the calendar.

The second part of the assessment asks the woman 20 questions designed to identify danger within the relationship. Each question addresses a specific behavior that is a significant predictor to intimate partner homicide. The list includes questions such as “Does he own a gun?” “Is he an alcoholic or problem drinker?” and “Does he threaten to harm your children?”

According to Campbell, “Women using the DA can gain a better understanding of their risk and decrease their chances of becoming femicide victims.” She added, “Now that the assessment is easily accessible to battered women, advocates, and other practitioners, perhaps some of those 1,200 murders may be prevented.”

Dangerassessment.org is presented through the Institute for Johns Hopkins Nursing, the joint JHU School of Nursing and the JHH Department of Nursing initiative formed to promote and support nursing excellence and to foster communication and collaboration between nursing education and nursing practice.

Verizon Wireless Marks 10 Year Anniversary of Hopeline (SM) Program

To mark the 10-year anniversary of Verizon Wireless' HopeLine(SM) program, the company today (February 16, 2005) announced a $250,000 gift to The University of Kentucky Center for Research on Violence Against Women. The gift is the largest amount pledged by Verizon Wireless to a single organization to support domestic violence prevention and awareness. It will be used by the University's Center to establish and endow a professorship of studies on violence against women.

"Over the past decade, the HopeLine program has grown significantly and along the way has helped so many victims -- keeping them safe and helping them rebuild their lives," said Denny Strigl, president and CEO of Verizon Wireless. "We're thankful to our customers and the countless other consumers, organizations and businesses that have participated in the program and helped make possible gifts like that pledged to the University of Kentucky Center for
Research on Violence Against Women."

The professorship established by the Verizon Wireless endowment will be focused on innovative research on violence against women and women's health and will be based in the University of Kentucky College of Medicine. The gift will be matched dollar for dollar by the state of Kentucky through its Research Challenge Trust Fund, which was established in 1997 to promote research and allow the state's universities to attract and retain renowned faculty and researchers in critical areas of science and economic development.

"From donating phones and airtime to funding direct service programs for survivors, Verizon Wireless has a proven track record of supporting domestic violence awareness and prevention," said Carol E. Jordan, director of the University of Kentucky Center for Research on Violence Against Women. "Through this gift, Verizon Wireless builds on its vital work of protecting women in the present day by investing in the future of women. The professorship established by the Verizon Wireless endowment significantly advances our efforts to better understand and one day end acts of violence committed against women."

HopeLine Highlights from 2004

In 2004, consumers donated three-quarters of a million phones to HopeLine, up more than 35 percent from the previous year, and bringing the total to nearly two million phones since the national phone collection and recycling efforts began in 2001.

Additional milestones for the HopeLine program in 2004 include:

* More than $800,000 donated to shelters and organizations to support
domestic violence prevention programs and victims' services;
* More than 11,000 phones, along with airtime and other features,
provided to shelters to distribute for use by victims;
* More than 140,000 phones recycled in an environmentally safe way.

Addressing an Issue that Affects Everyone

Domestic violence in the United States knows no social or economic boundaries and can affect people in any community -- including friends, family and co-workers. Across the country, Verizon Wireless has put its HopeLine program to work and seen the program grow.

Verizon Wireless created its long-running HopeLine program to put wireless products and services to work to combat domestic violence and raise awareness of the issue. When it began, the HopeLine program donated voicemail boxes to victims living in shelters. Today, the multi-faceted program also includes a successful phone recycling and re-use effort, financial support for regional and national non-profit domestic violence organizations, community and corporate awareness programs, and partnerships with law enforcement agencies, professional sports teams, educational institutions and corporations nationwide. Since 2001, the key element of the program has been a national recycling initiative -- taking no-longer used wireless phones and accessories and turning them into help and support for victims of domestic violence and the agencies and shelters committed to helping.

How to Donate

Wireless phones and equipment can be donated to the HopeLine program at more than 1,200 Verizon Wireless Communications Store across the country. Wireless phones and equipment donations can also be sent to:

Verizon Wireless HopeLine
c/o ReCellular Inc
2555 Bishop Circle W.
Dexter, MI 48130

Liz Claiborne Hang Tags Feature Domestic Violence Information

Liz Claiborne Inc. garment hang tags feature more than just size and style information --they could save a life! The hang tags include information about their commitment to the prevention of domestic violence, provide the address for their www.loveisnotabuse.com web site, as well as the National Domestic Violence Hotline number (1-800-799-SAFE). Individuals who may never pick up a domestic violence booklet may buy a Liz Claiborne garment, read the hang tag, and gain valuable information that could change their lives, or the lives of those they love. Look for them the next time you go shopping!

$2.25 Million Verdict in Maryland DV/Workplace Tort Case

On February 10, 2005, a jury came back with a verdict in the amount of $2,250,000, in Gantt v. Security, USA, a domestic violence/workplace violence case.

Because the 4th Circuit opinion allowed only recovery for the 1 hour that Ms. Gantt spent on Post 9, before Gary Sheppard abducted her, raped her and held her captive for six hours, threatening to kill her with his shotgun,and due to evidentiary rulings by the trial court, the trial was cut back from its originally scheduled two week period to 2 days.

The jury awarded $2,000,000 in compensatory damages and $250,000 in punitives. The case is Gantt v.Security, USA, 356 F.3d 547 (4th Cir. 2004). It has received press coverage and discussion on numerous EEO and employment websites, as well as mention in the Maryland Code Annotated and other legal commentaries.

The case has sparked controversy about an employer's obligation to honor and enforce protective orders in the workplace, even though, in this highly unusual case, Dominique's supervisor actually intentionally assisted the batterer in violating the protective order in the worplace, which is why her lawyers are suing for intentional infliction of emotional distress.

Kaiser Permanente Display Addresses Domestic Violence

Kaiser Permanente recently opened a Silent Witness exhibit at its Terra Linda, CA medical center on February 4. The display is a collection of tall panels that feature the stories of victims of physical, verbal and psychological violence. A striking central panel shows photographs of three Kaiser employees who were killed by their abusers. The exhibit is part of the Kaiser's family violence prevention program, designed to create awareness among its workers and the public about the epidemic that its victims and perpetrators so often hide.

In a short speech before the unveiling of the panels, newly appointed Marin District Attorney Ed Berberian said the goal of his office is to work with other agencies to stop domestic violence. "Domestic violence is not hidden - it's not a secret anymore," Berberian said. "It's something we've got to stop and will stop."

The traveling exhibit, displayed at Kaiser facilities throughout the state, tells the stories of Kaiser staff who have dealt with domestic violence. The personal stories come from physicians, administrators, medical technicians and other employees who believe family violence can be prevented by bringing it out into the open. Kaiser labor consultant Cindy Thomas of Petaluma spoke of a four-year ordeal during which she was abused by her former husband. She said it is important for people to tell their stories because it helps others who have not confronted the violence in their lives. It took a potentially fatal attack that resulted in an ambulance trip to the hospital to make Thomas realize she had to leave the abusive relationship. A social worker who visited her in the hospital was the first person she was able to talk to about what was happening. "The vicious cycle is you don't want to talk about it with anyone because you don't want to set him off again," Thomas said.

Once released from the hospital, Thomas continued to meet with the social worker and followed her advice to pack a suitcase at home. "You get ready for a 30-second escape," Thomas said. Thomas finally made her getaway and took refuge in the home of a family member. There, for the first time, she talked to the shocked relative about what had been happening. "(The social worker) helped me prepare for how I was going to talk about it," Thomas said. "It's a lot of work, but it's worth every minute of work."

According to Kaiser statistics, of its 3.5 million Northern California members, 45,000 females are experiencing some kind of domestic violence. The exhibit is on display in the dermatology laboratory at the medical center at 99 Montecillo Road until Feb. 15. (Source: Marin Independent Journal )

Massachusetts Considers DV Workplace Legislation

State Representative Joseph R. Driscoll (D-Braintree), has announced his full support of a legislative package introduced by Rep. Peter Koutoujian (D-Waltham), Sen. Pamela Resor (D-Acton) and Sen. Cynthia Creem (D-Newton) that would strengthen state laws against criminal stalking and make it easier for victims to relocate and take time off from work. Specifically, the measure would extend the ability to file a restraining order to people whose relationship with the stalker does not meet certain level. Currently, only petitioners with a "prior and substantive" relationship are eligible for the restriction. Additional provisions of the legislative package would protect stalking victims from housing discrimination by requiring landlords to release victims from rental agreements and prohibit landlords from evicting tenants on the grounds that they were the victims of the crimes.

The package would also protect employees, working for companies that employ more than fifty individuals, who are victims of domestic violence, sexual assault or stalking from being penalized in the workplace for taking time off to address issues related to being a victim of such crimes.

According to the National Center for Victims of Crime, one million women and 371,000 men are stalked in the United States each year, and most victims know their stalkers. In the Commonwealth of Massachusetts, arraignments on stalking-related offenses rose 10 percent between 1999 and 2003, from 277 to 304 according to Jane Doe, Inc., a women's rights group. (Source: Braintree Forum)

Two Workplace Deaths In Maine in January 2005

BANGOR - Two women allegedly were killed by co-workers while on the job this month, both possible victims of personal relationships gone bad. The Friday afternoon shooting death of Allison Small of Vinalhaven, co-owner of Vinalhaven Transportation Inc., a trucking business located in Rockland, occurred 26 days after the Jan. 2 beating death of Erin Sperrey of Presque Isle, an assistant manager at Tim Hortons in Caribou.

It had been at least 12 years, possibly more, since a worker killed another worker in Maine, according to the most accessible Department of Labor statistics. "Most homicides in Maine are domestic violence related," said Laura Fortman, commissioner of the Labor Department, on Friday. "In Maine, you're more likely to be killed by someone you know."

That could be someone at work, a place where romance may take shape then fall apart.
"I don't think you have to actually be living with a person for it to be domestic violence," Fortman said. "All of us recognize that domestic violence does not just happen in the home. It's an issue that all of us have to recognize that it could take place in the workplace."

Small, Friday's victim, was trying to end an affair with a company truck driver, Douglas Dyer of Friendship, when she was shot, according to the Maine State Police. Dyer has been charged with murder and is being held at the Knox County Jail, police said.

Sperrey's alleged killer, co-worker Christopher Shumway of Caribou, had asked Sperrey out a few times on a date, one time as recently as a month before her death, and she had tried to turn him down, according to her family. Shumway remains in Aroostook County Jail.

It is not known whether Small may have thought that being at a public place such as work would be a better setting than a quiet one to end any form of a personal relationship, according to Michael Cantara, commissioner of the Department of Public Safety, or if Sperrey may have felt safer at work than elsewhere to turn down Shumway's alleged advances. But, Cantara said, women need to watch for warning signs, such as a quick temper, jealousy, a controlling behavior or violence toward children or pets, and seek professional help to create a safe plan to end a relationship.

"The moment of separation or breaking up a relationship almost certainly places the woman at a high risk of injury or death," Cantara said. "To have a safety plan in mind is always a good idea. What that safety plan looks like depends on the situation. A public area might offer more safety but that's no guarantee."

He said agencies such as domestic violence prevention advocacy groups, police departments or the victim women advocacy group at the state Attorney General's Office can offer advice on how to end a relationship without it potentially turning into a violent situation.

Businesses, too, need to be better educated on how domestic violence can filter into the workplace, Fortman said. Last year, of the 217 assaults or violent acts that occurred in the workplace in Maine, 20 were by co-workers and 71 were by persons such as a customer, domestic partner or other individuals.

Warning signs that an employee is being threatened by a domestic partner include receiving repeated unwanted harassing e-mails or telephone calls, tardiness, inattention or unusual sloppy work performance, and fearful behavior.

Signs that an employee may become violent include sending harassing e-mails or telephone calls and displaying emotional volatility, according to prevention agencies. Fortman said programs and classes on how to spot the warning signs of domestic or other possible violence and how to handle those situations are available by contacting state or local violence prevention agencies. "That's not to say that having a policy in place will prevent that," she said. "I'm not suggesting that at all. There is no foolproof mechanism from keeping a tragedy like this from occurring. But be as prepared as possible. Have policies in place and educate people so that if there are warning signs we'd be able to warn women about them and help them."

Business owners interested in learning more about developing workplace domestic violence prevention policies can contact Maine Employers Against Domestic Violence at 941-1194; Maine Coalition to End Domestic Violence at 941-1194, e-mail infor@mcedv.org and Web site at www.mcedv.org; or the Labor Department's SafetyWorks program at 624-6400 or www.safetyworksmaine.com.

A Unique Corporate Response To Domestic Violence

Dallas, TX -- Prosecutors in Dallas County domestic violence courts hope a $200,000 grant from Dallas-based Mary Kay Inc. will help reduce caseloads and streamline the process for battered women to obtain protective orders. Police, prosecutors and advocates against domestic violence have focused in the last decade to work closely and make it easier for victims to get help. But the cost of success has been a caseload increase of more than 200 percent since 1999.

The Mary Kay grant will be used to hire a fourth full-time felony investigator and help pay the salary for a caseworker who will help domestic violence victims secure protective orders. "Mary Kay's mission is to enrich women's lives, and one way our company is doing this is by working to break the silence among women about domestic violence," said Anne Crews, the company's vice president for governmental relations.

The rare grant from the corporate sector will augment a $700,000 federal grant that is paying the salary of a prosecutor and a caseworker in the family violence division, as well as funding a Dallas police detective assigned to the county courthouse, a case manager for the Family Place women's shelter and a legal aid attorney. The donation is the first of its kind for Mary Kay and the related Mary Kay Ash Foundation, though the organizations have given more than $3 million to programs and services to stop domestic violence across the country.

Translating Practice Into Research

Wouldn’t you like to know if the programs and policies that employers are using to address domestic violence and its impact on the workplace really work? I know I would.

I recently had the opportunity to present “The State of the Art” regarding domestic violence as a workplace violence issue at the workplace violence prevention conference we co-sponsored with NIOSH (the National Institute for Occupational Safety and Health) in Baltimore in November. of 2004. Because of the prevalence and interest in domestic violence as a workplace issue, NIOSH has created a new category for “personal relationship” violence as a subset of workplace violence – it is known as “Type 4” workplace violence.

As I prepared for the presentation, I realized that the three other workplace violence typologies (criminal intent, customer/client, and worker to worker) have been identified and recognized for a much longer period of time than domestic violence has – and consequently there is more research regarding those types of workplace violence and how they may be prevented.

In fact, when I was sharing our “best practices” at the conference, I hesitated to call them “best practices” because while we think these things work best (and some former victims have told us they were helpful) we are not really sure they work – or that they are even the “best.”

I cannot tell you the number of times that I’m presenting to companies trying to engage them in pursuing a workplace domestic violence program when I am asked the question “Do you have outcome studies?” “How effective is this program?” “What are the cost savings?” “How can I know it is really worth it to do this?” I cannot give them answers to those questions beyond anecdotal experiences of our member companies – because we simply don’t have the information. Why is that?

It comes down to this – research. We need research in the field in a myriad of areas – for example, what exactly is the productivity cost per worker? Is there a way to best help victims of domestic violence through workplace interventions? And just because the victim is helped, is the workplace safer as a result? Is there a way to best reach batterers? How do we best reach out to small businesses – and what would work best for them?

These are just a few of the questions – and these are questions that can only be answered by research.

So what is keeping us back?

Domestic violence as a workplace issue is not being researched very much. As of the writing of this blog, it is my understanding that the CDC (Centers for Disease Control) has a Request for Proposal (RFP) out regarding domestic violence and the workplace – and so far only two research groups are looking into applying for those grants. Hesitation on the part of researchers themselves may be one part of the equation -- but there is an even more important part -- the hesitation of employers to participate and be "researched."

For whatever reason, many employers are reticent to become research partners –even when the research will be at no dollar cost to them. They are concerned about the employee time it will take to assist the researchers, employee time it will take to participate in surveys, focus groups, etc. Sometimes employers are concerned that their workplace experiences will be identified and from a public relations standpoint, they do not want their organization to be perceived as one having a “workplace problem.”

So – we have a big challenge ahead of us, don’t we? The name of the conference where I presented the “State of the Art” for domestic violence as a workplace violence issue included the phrase “Translating Research Into Practice.” I realized that for us, the issue is really “Translating Practice Into Research.”

There is some good news -- right now there are a few researchers looking into economic costs for domestic violence and the workplace – but the final results of that work is probably three to five years away. And those researchers are looking for employers that are willing to participate in their research.

In the coming months and years ahead, CAEPV will aspire to do all that we can to support and promote research in this field, and to provide employers with information regarding research opportunities in which they can participate.

It is my hope that in the coming years we will be able to say we are truly "translating research into practice."

Man Opens Fire At Estranged Wife's Workplace -- Kills Three

Three people were killed and two injured Tuesday (January 11th) when a man opened fire on his estranged wife inside a Tennessee Department of Transportation maintenance garage, police said. Police arrested the accused shooter, 40-year-old David Lynn Jordan of Jackson, around noon without incident. Police believe it was just a half hour earlier, around 11:31 a.m., when Jordan arrived at the workplace of 31-year-old Donna Renee Jordan and opened fire - killing her inside her office, then killing Jerry W. Hopper, 61, of Enville and David Gordon, 41, of Medina, as he fled the scene.

Hopper was an employee with the Forestry Division of the Tennessee Department of Agriculture for 28 years, while Gordon was a delivery man with HCI Delivery Services. At the time of the shooting, Hopper was having his vehicle serviced and Gordon was believed to be making a delivery, police said. Both men died at Jackson-Madison County General Hospital.
Shot and injured were TDOT garage employees Larry Taylor, 54, of Finger, and James Goff, 53, of Henderson. Taylor was in fair but stable condition and Goff was in guarded condition Tuesday evening, a hospital spokesperson said.

Jordan is being held at the Madison County Criminal Justice Complex on three charges of homicide, though officials are unsure yet whether the charges will be first or second-degree murder. He is also charged with two counts of attempted murder. Police recovered an SKS assault rifle, clips with live ammunition, a 12-gauge shotgun and two semi-automatic handguns from Jordan's red Mazda pickup truck, which was stopped a few miles from TDOT without incident.

Jordan's wife had worked at the TDOT maintenance garage for five years as a clerk and was sitting inside the office when she was killed. She had two children and two stepchildren, officials said.

The couple had a history of domestic calls with the Madison County Sheriff's Department. In September 2000, Jordan was accused of ''poking her'' and ''digging his fingers into her cheeks.'' He was arrested after this incident. In January 2000, the couple accused one another of striking the other but no charges were filed and no arrests made. Staples said there were no orders of protection against Jordan to his knowledge.

TDOT officials said 49 people work in the garage, located just off Interstate 40 as part of a complex of one-story buildings that are surrounded by a chain-link fence with no security. There are 295 employees working on the Jackson campus and a total of 873 employees in the 21-county region area, TDOT officials said. After the shooting, TDOT officials ''locked down'' the facility, and it is unknown when the facility will reopen. In remembrance of Tuesday's victims, flags at all TDOT and Tennessee Department of Agriculture facilities will be flown at half-staff this week. In the coming days, TDOT officials plan to reexamine their security measures, however, officials believe its unlikely they will being employing security officers. TDOT officials have requested the state's special trauma counseling unit to assist employees in coping with the shooting.

The shooting was the first in the department's history and did not specify the type of workplace-violence training employees have had in the past or would participate in in the future. Officials fielding questions from the media Tuesday evening said a visit from an employee's spouse would not have been uncommon or prohibited on the premises.

Bethlehem City Employees Learn Workplace Violence Prevention

A City Hall fistfight in Bethlehem, Pennsylvania that cost two supervisors their jobs has spawned a series of workshops on violence in the workplace. The administration sent memos to all department heads about the seminars, requiring all employees to attend. Fifteen hourlong seminars will be offered to the city's employees by Bethlehem community police officer Wade Haubert, Human Resources Director Jean Zwiefel said.

Both Dana Grubb, deputy director of community development, and Harvey Joseph, environmental health director, were given an ultimatum to either retire or be fired after the Oct. 28 fight. Dennis Reichard, city business administrator, was summoned to the scene of the fight in the Health Bureau office immediately after it ended and said employees were badly shaken from the incident. Grubb suffered a broken nose and was bleeding. Chairs and papers were scattered, and coffee was spilled on the floor.''People were scared; they were stunned,'' Reichard said. ''There were people crying. They couldn't believe that it happened.''While the fight was occurring, Haubert was meeting with officials from IQE Inc. about making a Powerpoint presentation to the company's employees about violence in the workplace.''When I went to teach my first class with them, they asked why aren't we teaching this in the city?'' Haubert said. ''After the incident occurred, it became a much higher priority.''Haubert said he went immediately to the Human Resources Department to schedule the presentation for city employees.

The presentation outlines city responsibilities and procedures for employees and identifies what constitutes violence.Haubert said this may be the first seminar but hopes it's not the last.''This is something I would hope we would do every two years,'' Haubert said. ''A lot of times I don't think people realize they are in a public place and a crime has occurred. ''Not all employees, though, think it's necessary to have ongoing training in workplace violence. Sherri Penchishen, the city's director of health education, said additional training probably won't curtail a problem that, for the most part, doesn't exist.''As far as it goes, it's good, but I don't expect this problem to be recurring,'' Penchishen said. ''This was a unique incident that was building for years.''

Callahan said the city has an Employee Assistance Program that includes anger management for those employees who feel they need it. The seminar, he said, is important to underscore the administration's zero-tolerance policy when it comes to intimidation and workplace violence.''No one should have to come to work with the fear of a violent act taking place,'' Callahan said. ''We want to be proactive in looking at this issue.

Employers Fight Oklahoma Gun Law

The Labor Department's annual census of workplace deaths, released this fall, shows that homicide in the workplace took the lives of 631 people in 2003. That's 11 percent of the total 5,559 workplace fatalities the government recorded for the year. The good news: The 2003 figure represents the second-lowest incidence of murder in the workplace since the government started keeping track in 1992. The lowest incidence (609) was in 2002, while the highest (1,080) occurred in 1994.

So, if workplace murders are trending downward, why is Oklahoma making it legal to bring firearms to work? A new state law permits it, provided the bearer leaves the weapon in a locked car on the employer's property.

In response, employers including energy companies ConocoPhillips and the Williams Cos. filed suit, asking a federal court to overturn the law because it violates a property-owner's right to exclude anyone with a weapon and thus preserve workplace safety, The Associated Press reports. Tulsa police officials concur, telling Tulsa TV station KOTV they fear the law will lead to an increase in workplace violence.

The federal district court has issued a temporary restraining order, putting the law on hold, while a higher court rules on whether violations of the new law are criminal or civil, according to AP.

Oklahoma lawmakers advocated for its passage by saying that workers should be able to protect themselves, for example, during late-night commutes. "A lot of these businesses have late-night shifts, and these employees are subject to being violated by any type of predator that may be armed," Democratic State Sen. Frank Shurden, a coauthor of the law, told AP.
Paul Viollis, a workplace violence prevention expert and president of New York-based Risk Control Strategies, calls the firearms-OK-at-work law irresponsible. "I have no doubt that any state that permits an employee to bring a loaded firearm to work will affect the rise of workplace violence. Legally permitting American citizens to go to work and bring a loaded firearm is ludicrous," he says.

He adds that while the Occupational Safety and Health Administration gives employers the right to enforce restrictions on firearms in the workplace, this new Oklahoma law creates a burden on the CSO working to keep employees safe.

Domestic Violence Remains #1 Cause of Homicide Death in Maine

So far this year in Maine, 19 people have died by murder or manslaughter in the state. In 10 of those cases, the killer and the victim had been closely involved in a relationship, continuing an unfortunate trend in Maine homicides.

"In Maine you are far more likely to be killed by someone who loves you, or who loved you, than by a stranger," said Steve McCausland, spokesman for the Maine Department of Public Safety.
Maine's 19 homicides is the highest total recorded in the state since 2001, when there were also 19. The lowest number of homicides in the last decade came in 2002, when there were 14 killings, with three attributed to domestic violence. The highest number of homicides ever recorded in Maine was 40, in 1989.

This year's cases included:

Janet Hagerthy, 74, who was beaten to death in her Farmington home on Nov. 30. Her son-in-law, David Grant, has been charged with murder.

Mark Dugas, 39, who was stabbed to death in his home in Waldoboro on June 4. His wife, Amy Dugas, 32, was indicted for murder in July.

Chevelle Calloway, 41, and Sarah Murray, 71, were both shot to death at Murray's home in Boothbay Harbor on Aug. 21. Jon Dilley, Calloway's husband and Murray's son, was charged with two counts of murder.

The victims in the 10 domestic cases included seven women, two men and one 2-year-old child.
The Deprez case raised serious questions about the state's ability to protect domestic-violence victims. Days before the beating that killed her, Deprez's one-time boyfriend Gregory Erskine, 50, was jailed for threatening her with a kitchen knife and was released on bail. The judge who released him did not know that Erskine had an extensive history of domestic abuse, both with Deprez and other women. Erskine is scheduled to go on trial for murder next month.

Maine Commissioner of Public Safety Michael Cantara says the state continues to work to lessen domestic violence and create safe options for its victims who want to escape abusive relationships. He is scheduled to deliver a report in February to Gov. John Baldacci that identifies state priorities to reduce domestic violence. Cantara says police receive more training in recognizing and responding to abusive relationships than ever, and the public is more likely to report what once may have been seen as minor incidents, but he predicts that over time, some of the work will have to be done outside the criminal justice system for the number of homicides to decrease.

"It's bigger than the Department of Public Safety," Cantara said. "We are going to have to expand our efforts throughout society for the barriers of silence to be broken down."
Cantara says the courts are implementing domestic violence programs around the state in which a single judge rules on the civil aspects of an abusive relationship, such as a protection-from-abuse order, alongside criminal charges. He also cites a recent effort by the state Department of Labor to create standards within workplaces so victims can be safe and abusers cannot hide behind their jobs while they harass.

Besides the domestic cases, there is no single cause connecting other homicides in the state.
Julius Petrovic, 60, was shot to death in the Yarmouth Information Center parking area on May 15. Authorities believe he was killed in the course of an attempted armed robbery, which is a common cause of murder in other states, but rare in Maine.

Rafael Rosado III, 26, was shot to death outside his home in Biddeford on June 8. No one has been charged with causing his death. It is the only homicide this year that is still under investigation.