3 Our ObjectivesLearn to manage DV defendants, in and out of the courtroomDeploy best practices with substance abuse and mental health issuesUnderstand and use best practices handling cases involving DV in LGBTQ relationships.
5 DV Defendants: Your Observations This is where we want our audience to talk to us about what they see in terms of DV defendants. A flip chart might be a good way to note comments. For example, I find they are outstanding at organizing their personal lives and appearing on time for court. They also have superior self presentation skills.
6 Some Important Recurring Issues Lethality factorsNo contact ordersBail decisionsCourtroom ControlCrawford and 404(b) Issues
7 Lethality Factors What are they? How do they affect your no contact orders and bail decisions?Excellent recent New Yorker article called “A Raised Hand” by Rachel Louise Snyder on the use of a multidisciplinary team to identify high risk cases in Massachusetts, using Jacquelyn Campbell’s risk factors/Danger Assessment Tool -- downloadable at We should provide these references and also have our audience respond to both questions.
8 Courtroom Control Some ideas Your thoughts? Judge Shaffer has an armed officer present, keeps all parties seated, uses court personnel to move documents and exhibits around for parties, sets out her procedures up front and enforces them, allows advocates, and arranges for staged (and if necessary escorted) departures.
9 DV EvidenceThe Crawford AnalysisDealing with “Prior Bad Acts” in DV Cases
10 Crawford v. Washington analysis 6th amendment in play?Is the statement “testimonial?”If so, did government produce the declarant for cross examination?If so, has the defendant been afforded sufficient opportunity to cross examine?Testimonial: a reasonable witness would reasonably have believed the statement would be used as evidence at a trial. Note Crawford is also in addition to, not a substitute for, an inquiry into whether hearsay exception applies.
11 Recognized Crawford Exceptions Statements to undercover officersExcited utterancesStatement for purposes of medical diagnosis/treatmentStatements by children to familyBusiness/public recordsStatements made by a victim if defendant killed victim to prevent that testimony
12 404(b) in DV CasesEvidence of other crimes, wrongs, acts inadmissible to “prove the character of a person to show action in conformity therewith”“Suspect in Arson Had a History of Domestic Violence”
13 Bases for Admissibility Evidence of other crimes, wrongs, acts, may be admissible –To prove motive, opportunity, intent, plan, knowledge, absence of mistake or accidentMay also be admissible in DV cases to showReasonable fearReasons for recantation or minimizationWhy reporting was delayed
14 Some Practice Tips If possible, get briefing Look at 404(b) case law and cite itBalance probativeness versus danger of unfair prejudice on recordKeep record of rulingsLimiting instruction very advisable, on admission and in closing set
15 What about the Kids?Juggling Conflicting OrdersKids in Court
16 The Defendant Out of Court Questions to Ask about local “DV Treatment” ProgramsHow to monitor and reviewCo-occurring issues
17 Your Local “DV Treatment” Program Is it really just --“Anger management”Personal individual counselingCouples counselingSome hallmarks of helpful DV treatment programsVictim contactCollateral source checksHandling co- occurring treatment issuesAccountability in a group setting
18 LOW OR NO CO$T STRATEGIES Recognize that proper handling of DV is homicide preventionFocus on victim safetyExpedite DV Court hearings (Rocket Docket)Conduct frequent court reviews to ensure compliance
19 LOW OR NO CO$T STRATEGIES If possible, judge at pretrial keeps case for any trial, sentencing, reviewEducate courts staff on the importance of DV casesUse BIP that meets state standards (not anger management)Establish procedures to promptly enforce conditions of bond and probation
20 LOW OR NO CO$T STRATEGIES Ban use/possession of firearms, ammunition, illegal drugs and alcoholKnow and work with your local victim advocatesImprove cross-system communication and trainingSeek out and attend DV trainings and share the informationTake part in a coordinated community response
21 Effective Review with no Money: Judge Shaffer’s Experience
23 Domestic Violence in the LGBTQ Community Understanding the LanguageRecent StatisticsAbuser TacticsIssues in the Courtroom
24 Understanding the Language Identifying language can be affirmation.Language use changes over time. What was once a derogatory term may now be embraced as an affirming one.Avoid problematic or insulting terminology.When in doubt, ask.
25 Language L “Lesbian” G “Gay” B “Bisexual” T “Transgender” Q “Questioning, Queer, or Genderqueer”
26 Language “Sexual Orientation” “Gender Identity” “Gender Expression” “Homophobia, Transphobia, and Heterosexism”
28 U.S. Population Identifying as LGBTQ StatisticsU.S. Population Identifying as LGBTQAbout 3.5% of U.S. adults identify as lesbian, gay, bisexual or transgender (2012)Hawaii has 2nd largest population at 5.1 % (D.C. has 10%)National Youth Statistics:5% to 10% of youth identify as LGBTQ40% of homeless youth identify as LGBTQ (2010)
29 National DV Statistics Violence by an Intimate Partner: Women In 2010, women suffering rape, other violence and/or stalking by intimate partner during lifetime:43.8% of lesbians61.1% of bisexual women35.0% of heterosexual women
30 National DV Statistics Violence by an Intimate Partner: Men In 2010, men suffering rape, other violence and/or stalking by an intimate partner during lifetime:26.0% of gay men37.3% of bisexual men29.0% of heterosexual men
31 Myths & Stereotypes “If one person fights back, then it’s not abuse.” “Violence between two men or two women is a ‘fight’ between equals.”“If one person fights back, then it’s not abuse.”“Women are not violent.”“Lesbian relationships are based on equality -- lesbians have ideal, loving relationships.”“Domestic violence primarily occurs among LGBTQ people who hang out at bars, are poor, or people of color.”“The law does not and will not protect victims of same-sex domestic violence.”
32 Abusers Tactics General Behaviors of Abusers Using Coercion & ThreatsUsing ChildrenUsing Economic AbuseIsolationUsing Emotional AbuseMinimizing, Denying, & Blaming
33 Abusers Tactics Behaviors Unique to LGBTQ Abusers Forcing sexual intercourse to prove the domestic violence survivor a “true” LGBTQ personHiding or destroying hormones (for transgender survivors)Saying all LGBTQ relationships “are like this”Accusing survivor of mutual abuse
34 More Behaviors Unique to LGBTQ Abusers Threats to “out” the survivor or disclose HIV status to family, friends, or employerUsing sexual orientation to alienate domestic violence survivor from family, community, and organizationsAccusing survivor of being an unfit parent because of HIV or LGBTQ statusThreats to “out” survivor to police or other authorities to have children taken away
35 LGBTQ DV Issues in Court Minimal evidenceLack of police reports and witnessesAllegations of long-standing abuse but no supporting records or evidenceDual arrestsCross-filed protection order petitions
36 Creating a Knowledgeable and Compassionate Courtroom Treat LGBTQ DV crimes as gender- neutralAbusers can be of either genderAbusers may use tools other than physical power to control partnersUnderstand the already-marginalized LGBTQ communityCarefully consider protective order or sentencing decisions
37 Creating a Knowledgeable and Compassionate Courtroom (2) Carefully consider protective order or sentencing decisionsUnderstand that traditional safety planning responses may take survivors completely out of their communitiesThis can be less effective for LGBTQ survivorsThis can lead to further isolation
38 Creating a Knowledgeable and Compassionate Courtroom (3) Amend forms and procedures to allow victims to seek legal relief without having to “come out”Educate all court personnel on how to support access to justice for LGBTQ peopleEstablish & enforce rules regarding offensive conduct & statements made by staff and others in the courtroom