the civil side of things: orders of protection ms. lisabeth marquardt director, strategic...

THE CIV

IL SID

E OF T

HINGS:

ORDERS OF P

ROTECTION

MS

. L I S

AB

ET H

MA

RQ

UA

RD

T

DI R

EC

T OR

, S

T RAT E

GI C

IN

I TI A

T I VE

S

VALUE OF ROS

• Voluntary Compliance

• Mandatory Arrest

• Removal

MORE VALUE OF ROS

• Documentation

• Limiting access

POTENTIAL RISKS OF ROS

• Abuse worsens

• Collusion

• Exposure

TYPES OF RESTRAINING ORDERS

Domestic Abuse ( 813.12)

Child Abuse (813.122)

Harassment (813.125)

Individuals at Risk (813.123)

Foreign Orders

THE PROCESS

Two hearings

Personal Service

Constructive knowledge

POTENTIAL REMEDIES

Review Injunction Form

http://www.wicourts.gov/forms1/circuit/index.htm

RELATED SOPS

• Property

• Service

• Order retention

• Department employees

• Firearm provision enforcement

WHAT CAN THEY TELL US ABOUT THE PETITIONER?

“In action”

Criminal case overlap

Credibility and follow-through

WHAT CAN THEY TELL US ABOUT THE RESPONDENT?

• Patterns

• Guns

• Other evidence

CONTACT BY PETITIONER

• Order not voided

• Safety strategy

• No mutual orders

WHEN BOTH PARTIES FILE

• First to file

• Race for removal

• Can both have grounds

A COURT ORDER IS A COURT ORDER

• Facebook, text, phone

• Not reporting as strategy

• Serious risk

INVESTIGATING VIOLATIONS

• Abuser manipulation

• Other witnesses

• Victim experience

• Skilled abusers

DOCUMENTING VIOLATIONS

• Service (Witness)

• Evidence of knowledge

• Terms of Order

IMPLICATIONS FOR PRACTICE

• Expect ambivalence

• Information about process

• Information about service

Avoid

• prescribing

• oversimplifying

• appearing judgmental

ABOVE AND BEYOND

• Assist connection to resources

• Request follow up

• Serve orders

• Standby for property pickup

OTHER ORDERS

• 72 hour NCO

• Bail condition

• Sentencing

• Divorce

BEHAVIOR THAT COURT CONSIDERS

Domestic Abuse — violence, threats of violence (that are specific), sexual abuse and property damage (in some cases)

Harassment — violence, threats of violence (that are specific), repeated behavior that serves “no legitimate purpose”, stalking, sexual assault

Child Abuse — physical injury to a child by other than accidental means, various sexual abuse/exploitation (including exposing a child to pornography, causing a child to expose genitals, exposing genitals to a child, prostitution, etc.), emotional damage (from a parent) and manufacturing meth.

Individual at Risk Interference of an investigationPhysical, Emotional and/or Sexual AbuseTreatment without consentUnreasonable confinement/restraintFinancial Exploitation NeglectHarassment StalkingMistreatment of an animal

WHY IT MIGHT BE HARD TO GET THE STORY

Embarrassment

Feeling Responsible

Protecting the Abuser

Fear- of abuser, of losing kids, etc.

Denial

Special Circumstances

(disabilities, immigration status, same- sex relationship, financial dependence…)

Liz Marquardt, 414-276-1911

lizm@familypeacecenter.org

RO Clinic, 414-278-5079

Wisconsin Coalition Against DV

(608) 255-0539, www.wcadv.org