Presentation on theme: "Participants: Robin Christopherson, MCVP Amanda Grady Sexton, NHCADSV"— Presentation transcript:
1New Hampshire House of Representatives Continuing Education NEW HAMPSHIRE’S DOMESTIC VIOLENCE LAWS Participants:Robin Christopherson, MCVPAmanda Grady Sexton, NHCADSVDr. Scott Hampton, Ending the ViolenceKasey LaFlam, MCVPBetsy Paine, JD, Chair of the NH Fatality Review CommitteeLynda Ruel, NH Department of JusticeTimothy Russell, Ret. Chief of Police, Henniker NHEarl Sweeney, Assistant Commissioner of the Department of Safety
3What is Domestic Violence? Domestic Violence (often referred to as Intimate Partner Violence) is a learned pattern of abusive or coercive behavior used by one person to gain and maintain power and control over another person in the context of an intimate or familial relationship.Abusive behaviors can include:PhysicalMental/PsychologicalSexualEconomicVerbalStalkingEmotional
4What is Domestic Violence? Perpetrators of domestic violence typically use multiple forms of abuse to gain and maintain power & control.Over time these forms of abuse and control escalate to physical and sexual violence.
6Power & Control“It’s hard being a victim of domestic violence living each day in fear not knowing what our abuser’s next step is going to be or how violent he is going to get.”-Victim of Domestic Violence
7The ImpactNational Intimate Partner & Sexual Violence Survey (CDC)Experienced Severe Physical Violence by an Intimate Partner1 in 4 women1 in 7 menExperienced Rape by an Intimate Partner1 in 10 womenExperienced Stalking by an Intimate Partner1 in 9 women1 in 50 men
8Barriers to leaving:Battered women who leave or attempt to leave their abusive partner are at a 75% greater risk of being murdered.Each day in the U.S. 3-4 women are murdered by a current or former intimate partner.When victims of domestic violence reach out for help they are often faced with community barriers that make it difficult to leave.
9Barriers to leaving:Barriers that can make it difficult for someone to leave an abusive relationship can include:Financial constraintsLack of safe and affordable housingTransportationChild careEmployment opportunitiesFEAR
10DV is EVERYONE’S IssueWhen I tell people I speak out against domestic violence, they ask, ‘Isn’t that strictly a woman’s issue?’ Domestic violence is EVERYONE’S issue. Working together, women and men, from all walks of life, can join forces to create safer communities everywhere.–Victor Rivas Rivers, actor, author & domestic violence survivor
11When the biggest victims are the smallest… Children in homes where domestic violence occurs are 15 times more likely to be physically abused or seriously neglected than children in non-violent households.Several studies reveal that when children are exposed to violence in the home they have a greater likelihood of being affected by violence as adults – either as victims or perpetrators.Children who grow up witnessing violence are at greater risk for substance abuse, juvenile pregnancy and criminal behavior.Source: UNICEF, 2006
12ACE Studies Adverse Childhood Experiences (ACE) A study of more than 17,000 participants found an association between ‘adverse childhood experiences’ and later-life health and well-being.The ACE Study findings suggest that certain experiences are major risk factors for the leading causes of illness and death as well as poor quality of life in the U.S.ABUSEEmotionalPhysicalSexualNEGLECTEmotionalPhysicalHOUSEHOLD DYSFUNCTIONWitnessing DVMental illnessSubstance abuseDivorceHousehold member incarcerated
13Hidden VictimsGrowing up in a home where there was domestic violence was very difficult and left lasting scars. Although I didn’t realize it then, I used to feel like the abuse was my fault. I felt helpless and alone. For many years, I felt ashamed and worthless.-Joe Torres, baseball legend and DV Advocate
14NHCADSVThe New Hampshire Coalition Against Domestic & Sexual Violence is the umbrella organization that provides technical and financial support to 14 member agencies who provide services to survivors of sexual assault, domestic violence, and stalking.The Coalition does not provide direct services to victims, but supports the victim services work done by individual member programs located in communities throughout the state.
15Many individual programs have their own 24-hour hotline, however all programs can be reached by calling the statewide hotline at
16Crisis Center Services 14 Crisis Centers across NH provide 24-hour, free & confidential support to both women and men who are victims of domestic violence, sexual assault & stalking, regardless of age, race, gender, religion, sexual orientation, physical ability or financial status.Services Include:24-Hour Crisis LineEmergency ShelterMedical AdvocacySafety PlanningCourt AdvocacyInformation & ReferralSupport Groups
17Crisis Center Services In 2012, the 14 Crisis Centers across New Hampshire provided services to the following:9,144 victims of domestic violence2,150 victims of sexual assault706 victims of stalking225 individuals were given 18,312 nights of shelterA total of 16,348 individuals served (Primary victims, secondary victims & third-party referrals)
18Making a Difference…I was a young mother, trapped by the emotional and physical abuse of a classic abuser. I no longer consider myself a victim, but instead as a survivor.From the 24-hour support phone line, to having an advocate by my side in court, to the support groups after breaking free of an abusive relationship…[the crisis center] saved my life. If it weren’t for this organization, my daughter and I would either still be being abused or we wouldn’t be alive.-Erin, client
19Crisis Center Services Crisis Centers & Advocates Provide:Safety: Crisis centers offer victims a safe & confidential place to share feelings & experiences they may have never felt safe to share with friends, family or law enforcement.Support: Advocates support victims by advocating with outside agencies, such as the courts, police, & hospitals to ensure victims will be safe.Empowerment: Crisis centers provide victims with a safe space to find their voice and learn what their options are. Advocates help victims take back the control they have lost in their abuse through nonjudgmental support and education.
20Contact InformationFor questions or to request additional information, please contact:NHCADSV(603)MCVP(603)
21Chief Tim Russell (Retired) Henniker Police Department Attorney General’s Domestic Violence Protocol for Law Enforcement Presenting for Police Standards & Training Is:Chief Tim Russell (Retired)Henniker Police Department
22The Statute Covering Domestic Violence Laws is RSA 173-B In RSA 173-B:1, entitled “Definitions”: Abuse is defined as the commission of or attempted commission of one or more of the following acts by a family or household member or current or former sexual or intimate partner and where such conduct constitutes a credible present threat to the victim’s safety:
23Domestic Violence Acts as defined by RSA 173-B:1 Assault or reckless conduct - RSA 631:1-3Criminal threatening - 631:4Sexual Assault A:2 –A:5Interference with freedom – 633:1 through 633:3-aDestruction of property – 634:1, 2Unauthorized entry – 635:1,2Harassment – 644:4
24ELEMENTS OF ABUSECommission or Attempted Commission of one of the previously listed Domestic Violence ActsCommitted by Family, household member or intimate partnerThe act must have constituted a Credible Threat to the victim’s safety
25Six Types of Civil Protective Orders TelephonicTemporaryFinalForeignDivorce RSA 458:16Stalking 633:3-a
26CIVIL ORDERSDomestic Violence Protective Orders are CIVIL ORDERS. This means:If a person (defendant) is served with a protective order is DOES NOT create a criminal record. It is a civil order providing protective stipulations for the victim which must be adhered to by the defendant.A protective order only becomes a crime if a defendant VIOLATES one of the protective stipulations.
27Who May File for a Civil Protective Order SpousesEx-spousesPersons co-habitatingPersons who co-habitated but who no longer co-habitateParents of the defendantPersons related to the defendant by consanguinity (blood)Persons related to the defendant by affinity (marriage)Former intimate partnersCurrent intimate partners
28Intimate PartnersPersons currently or formerly involved in romantic relationship, whether or not such relationship was ever consummated sexually.
29Emergency Telephonic Orders Superior and circuit court judges may issue this order when the court is not open for business.This usually includes nights, weekends and holidays.There are established on call lists for Judges at each police department.
30Temporary Civil Protective Orders This is usually the first order applied for by victims.Application is made at the circuit or superior court in the jurisdiction where either the plaintiff (victim) or the defendant reside.It is also the order that must be applied for, during the next court business day, if the victim was issued an emergency telephonic order and the victim continues to desire protection.
31Temporary OrdersThese are ex-parte orders. The victim prepares a written affidavit which is reviewed by the Judge.The Judge may or may not ask the victim for additional information.If, based on the affidavit, the Judge believes the victim is “in danger of being abused” by the defendant, the order will be issued.
32Temporary Protective Orders The court will either notify the local police department that they have an order or they will fax a copy to the agency that has jurisdiction.Upon receipt of an order, the affidavit, protective stipulations and other information should be reviewed carefully particularly noting whether or not firearms and ammunition were ordered to be relinquished by the defendant.The law requires that these orders be served “WITHOUT DELAY”.
33Temporary Protective Orders After Service This order can be in effect for up to 30 days. A court date for a final hearing is included as part of the order.Upon being served the defendant can request an “emergency hearing” to the court. That hearing must be held not less than 3 nor more that 5 working days from the date of the request.
34Final OrdersAt the final hearing the victim must establish, by a preponderance of evidence, that the defendant abused the victim within the meaning of RSA 173-B:1 and that the defendant poses a credible threat to the victim’s safety.
35Final OrdersThe protective stipulations will essentially mirror the protective stipulations outlined in the temporary order.HOWEVERUpon issuance of a final order, firearms and ammunition MUST be surrendered. The Judge has NO STATUTORY DISCRETION.
40Final OrdersIf the order is granted it will be in effect for one (1)year and up to five (5) years after the fist renewal.This order is primarily mailed to the defendant.Service in hand is not mandated, but acceptable.
41Enforcement Of OrdersEmergency, temporary, final, foreign, stalking and divorce decree orders are enforceable statewide.The violation of a protective order is a Class A misdemeanor for which arrest and detention are statutorily mandated by RSA 173-B:9.IN OTHER WORDS OFFICERS HAVE NO DISCRETION – IF ANY PROTECTIVE ORDER IS VIOLATED – THEY ***MUST*** ARREST!
42Mandatory Firearms Relinquishment Defendants must relinquish firearms and ammunition in their POSSESSION, OWNERSHIP OR CONTROL:When so ordered in an emergency or temporary civil protective order.After the issuance of a final civil protective order.Upon arrest for a violation of a civil protective order.Upon arrest for abuse as directed by RSA 173-B:10.
43Firearm DefinedFirearm means any weapon, including a starter gun, which is designed to or otherwise may readily be converted to expel a projectile by force of gunpowder.
44Mandatory Firearms Relinquishment Friends relatives or other third parties ARE NOT permitted to store firearms and ammunition during the term of the order.If an officer demonstrates probable cause to believe that a defendant has not relinquished firearms, ammunition or other deadly weapons referenced to in the protective order, the court may issue a search warrant authorizing the officer to seize the items.
45Mandatory Firearms Relinquishment Note: If a search warrant is executed and firearms or ammunition are found, the defendant must also be arrested for violation of a protective order if the order directs the defendant to relinquish any firearms and ammunition owned, possessed or in the control of the defendant.
46Crime Scene Arrest Decision If an assault or other act of abuse has taken place AND NO CIVIL PROTECTIVE ORER IS IN PLACE:An arrest (although not mandated by statute) SHOULD BE MADE.Officers should not rely on a victim’s opposition to the arrest and should emphasize to the victim and the defendant that the arrest or action initiated is the sole decision of the officer.- The State presses charges NOT the victim, therefore the victim should NEVER be asked if he/she “wants to press charges”.
47Mandatory ArrestWhen a defendant violates ANY civil protective order issued or enforced under 173-B the officer SHALL ARREST the defendant and ensure the defendant is detained until arraignment.
48Arrest Without a Warrant 12 Hour Exception Arrest without a warrant is lawful whenever:An officer has probable cause to believe the person to be arrested has within the past 12 hours COMMITTED ABUSE as defined in 173-B:1,1, against a person eligible for protection.The 12 hour exception is from the TIME OF THE INCIDENT not the time of the report.
4912 Hour Exception Civil Protective Orders When the officer has probable cause to believe that person be arrested has within the last 12 hours, violated any temporary or permanent civil protective order issued under 173-B, 633:3a (Stalking) or 458:16 (Divorce Stipulations).
50The Arrest DecisionUpon expiration of the 12 hour time frame or before if possible, the officer should seek a warrant for the suspect’s arrest.
51Primary [Predominant] Physical Aggressor When an officer has probable cause to believe that the persons are committing or have committed abuse against each other, the officer need not arrest both persons, but should arrest the person whom the officer believes to be the primary [predominant] physical aggressor.
52Determining FactorsThe intent of RSA 173-B:10 is to protect victims of domestic violence.The relative degree of injury or fear exhibited by either party.Any history of domestic abuse between these persons.
53Other Considerations The strength and size of each of the persons. Who originated the emergency call.Defensive injuries vs offensive injuries.Criminal records of the parties.Prior police contacts.Observations and locations of crime scenes.
54When Arrest Is Not Indicated If no crime has been committed or there is no probable cause for arrest and there are no safety concerns, officers should:Attempt to mediate the dispute.Refer the parties to appropriate community counseling service.Suggest a temporary separation or cooling-off period.
55RememberDomestic abuse is about POWER AND CONTROL it IS NOT about anger management.It is not about violence, the violence and other forms of abuse are only a means to an end and that end is to control the victim in every aspect of their life.
56Overview of Offenders Scott Hampton, Psy.D. Executive Director Ending The Violence
57Agenda - Offenders Why they do it Differences between batterers and victimsTactics of abuseThe impact on childrenHow we can intervene – the role of batterers intervention
58Causes of abuse or battering Is it due tomental illnessloss of tempersubstance abusecommunication difficulties orstress
59Domestic violence/Battering The systematic use ofPhysical or other forms of abuseTo control an intimate partnerThat is in part socially sanctionedIt tends to get worse over timeWithout meaningful intervention
60Difference between batterers’ and victims’ use of violence Battering vs. resistive violence (Pence)Beating, mutual beating, battering (Campbell)Violence vs. abuse (Hampton)
61A statement of accountability? “Before we get started, I need to take responsibility for my actions. My wife was telling the truth. I did hit her. It was probably the worst mistake I have ever made. What do I need to do now to become a better man?”
62Tactics/types of abuse PhysicalStrangulationSexualPsychologicalEmotionalSocialCulturalSpiritualEconomicMedicalAlcohol or other drugLegalChildSymbolicEnvironmentalStalking
63Overlap of domestic violence and child abuse Over 30 studies reveal a link between child maltreatment and intimate partner violenceThese show a 40% median co-occurrence rate(Appel & Holden, 1998)Child Fatality Reviews in Oregon and Massachusetts found that between 41% & 43% of the murdered children’s mothers were victims of domestic violence(Felix & McCarthy, 1994; Oregon Child Welfare Partnership, 1990)Separately, some children are exposed to family violence, while not directly maltreated(J. Edleson, et al How Children are Involved in Adult Domestic Violence, 2001)
64Why are children also at risk? In a study of over 6,000 subjects Straus found (1990) that:49% of perpetrators of domestic abuse physically abuse children7% of non-perpetrators of domestic abuse physically abuse childrenMultiple studies demonstrate that the mothers of incest victims are likely to be battered by the perpetratorDaughters of perpetrators of domestic violence were 6.5 times more likely than other girls to be victims of father-daughter incest(Bancroft and Miller, Batterer as Parent 2002)Higher abuse rates linked to a lack of empathy for children and a sense of ownership amongst other factorsRates of child abuse increase with the frequency and severity of the intimate partner violence doesRates of abuse increase with alcohol abuseMultiple studies cited in the Batterer as Parent book.
65Parental Alienation Syndrome “She does whatever she can to poison my daughter against me. Last visit was a disaster because of all the lies she tells my child. Being a father is the most important thing in my life. But how can I be a father when my ‘ex’ is constantly sabotaging all my efforts?”
66Parental Alienation Syndrome Psychiatric disorderOccurs in the context of parenting disputes following divorceThe child rejects contact with the target parent andEngages in a campaign of vilification against him or her (e.g., false allegations of abuse)
67Parental Alienation Syndrome Not recognized by APANo scientific basis or reviewSelf published studies by Richard Gardner2 % Rate of false accusations; not 90%False accusations hidden sexual desires for own children
68Parental Alienation Syndrome In defense of paedophilia, including incest:“One of the steps that society must take to deal with the present hysteria is to ‘come off it’ and take a more realistic attitude toward paedophilic behavior. . . [Paedophilia] is a widespread and accepted practice among literally billions of people”Sex Abuse Hysteria – Salem Witch Trials Revisited, 1991
69Divorce-Related Malicious Mother Syndrome Ira Daniel Turkat, Ph.D.Tactic of visitation interferenceGender specificNo differential diagnosisIgnores possibility of a protective parentIgnores custodial interference
70Hostile-Aggressive Parenting Newest attack on battered mothersAlleged to be the cause of PASNo scientific basisProtective parents appear hostile
71Services for batterers NH Standards of Practice, 2002Group education36 weeksCommunity linkagesCo-leadershipAccountability
72Pieces of the Puzzle: Violence Against Women in NH: Fatality Review and Data from the Courts and the Attorney General’s OfficeSeptember 19, 2013
73New Hampshire Domestic Violence Fatality Review Committee The Domestic Violence Fatality Review Committee was created by Governor Jean Shaheen by Executive Order in 1999.Recognition of collaborative community efforts.Multi-disciplinary membership
74FATALITY REVIEW OBJECTIVES To describe trends and patterns of domestic violence-related fatalities in New Hampshire.2. To identify high risk factors, current practices, gaps in systemic responses, and barriers to safety in domestic violence situations.3. To educate the public, policy makers and funders about fatalities due to domestic violence and about strategies for intervention.
75FRC OBJECTIVES cont.4. To recommend policies, practices and services that will encourage collaboration and reduce fatalities due to domestic violence.5. To improve the sources of domestic violence data collection by developing systems to share information between agencies and offices that work with domestic violence victims.6. To more effectively facilitate the prevention of domestic violence fatalities through multi-disciplinary collaboration
762012 DVFRC Report Focus on Data Moving from the anecdotal- getting to the facts.For the first time NH has statewide court data on domestic violence and stalking
77Talking about VAW DataThree separate data sets are used in this presentation:Coalition Statewide Data;Homicide data from the Attorney General’s Office; and;Court VAW DataThe numbers should invite conversation.
78When we are talking about data we may not be measuring the same thing. Court Data Domestic Violence and Stalking are defined by statute.Civil (by case)Criminal (by charge)NHCADSV data has a different meaning and purpose and is counted by victimHomicide data is counted by victimsCross-system data sharing – not there yetData sets don’t talk to each other – visions someday! J-ONE
79Prevalence Data National Data: One in every four women will experience domestic violence in her lifetime.85% of domestic violence victims are women.Most cases of domestic violence are never reported to the police.Source: National Coalition Against Domestic Violence 2011 Fact SheetAn estimated 1.3 million women are victims of physical assault by an intimate partner each year.Historically, females have been most often victimized by someone they knew.Females who are years of age are at the greatest risk of nonfatal intimate partner violence.National Centers For Disease Control data measures “intimate partner violence” (IPV) and teen dating violence separately. For IPV:Nearly 3 in 10 women and 1 in 10 men in the US have experienced rape, physical violence, and/or stalking by a partner with IPV-related impact.IPV resulted in 2,340 deaths in Of these deaths, 70% were females and 30% were males.• The medical care, mental health services, and lost productivity (e.g., time away from work) cost of IPV was an estimated $5.8 billion in Updated to 2003 dollars, that’s more than $8.3 billion. (source: CDC Fact Sheet 2011)
80New Hampshire Statistics NH crisis centers assisted over 16,348 people in 2012.Source: NH Coalition Against Domestic and Sexual Violence
81DV Homicides in New Hampshire 2001-2010 AG’s Office responded to a total of 185 homicides –26 which were ruled justified, accidental or other = 159 homicides79 or 50% of the total homicides involved domestic violence30% or 24 of the 79 Domestic Violencehomicides were homicide/suicides.Of the 24 Domestic Violence homicide/suicide perpetrators92% or 22 were male8% or 2 were female.
82Total Homicides vs. Domestic Violence Homicides 82
83Total Homicides Relationship In cases where the relationship between the victim and defendant was known, 70% or 112 victims knew their perpetratorIt was approximately 6.5 times more likely for victims to be killed by someone they knew than by a strangerDomestic violence homicides are defined as follows:Partner homicides are defined as those where the defendant and victim have or have had an intimate relationship, spouse or former spouse, or are unmarried persons who have or are cohabitingFamily member homicides are those where the defendant and the victim are NOT intimate partners but are family membersE.g. when a child kills a parentDomestic violence related homicides are those where the defendant and victim are neither intimate partners nor family members, but the homicide has some relationship to domestic violence.E.g. when an estranged husband kills his wife’s current intimate partner
84Domestic Violence Homicides Relationship Of the 79 domestic violence homicides:56% or 44 involved partners31% or 25 involved family members13% or 10 were domestic violence related
85Domestic Violence Homicides Where? County:The highest domestic violence homicide rates were in the state’s most rural counties:Sullivan County had the highest rate with 1.17 per 100,000K = almost twice the rate of the state averageLocation:84% or 67 of domestic violence homicides occurred in the residence of one of the parties while only 15% or 12 occurred at some place other than a residence.
87Domestic Violence Homicides When? Time: Over 42% or 33 occurred between 6:00 pm and 6:00 amMonth: Highest rate, 13% or 10 homicides occurred in July followed by September and October each with or 12% or 9 homicides Day: Greatest number occurred on Monday with 20% or 16, followed by Tuesday with 18% 14
88Domestic Violence Homicides How? Cause of Death:48% or 38 were a result of a firearm42% or 33 or were a result of a handgun22% or 17 or cutting or stabbing18% or 14 or blunt force impact6% or 5 strangulationNote in % DV Homicides involved a firearm
89Domestic Violence Homicides Who? Gender:67% or 53 of victims were female and 33% or 26 or were male84% or 63 of perpetrators were male, while 16% or 12 or of the perpetrators were female
90Who? Victim Relationship/Gender: Of the 44 partner homicides, 86% or 38 of victims were femaleOf the 25 family member homicides, 52% or 13 victims were male and 48% or 12 were femaleOf the 10 domestic violence related homicides, 70% or 7 victims were male and 30% or 3 were female
91Who? Perpetrator Relationship/Gender: Of the 44 partner homicides, 88% or 39 perpetrators were male and 14% or 6 were femaleOf the 21 family member domestic violence homicides, 86% or 17 perpetrators were male and 19% or 4 were femaleOf the 10 domestic violence related homicides, 80% or 8 perpetrators or were male and 20% or 2 were female
94Who?Age:Victims: 29% or 23 were over 50 followed by 20% or 16 or who were under 20Average age was 38, with the youngest being 3 months old and the oldest being 92Perpetrators: 24% or 18 were between 30 and 29, 24% or 18 and were over 50, followed by 23% or 17 between 40-49, 23% or 16 were under 20 and were between 30 and 39Average age was 41, with the youngest being 16 and the oldest being 85
95Who?Mental Illness:Victims: 79% or 62 did not have a known history of mental illnessPerpetrators: 48% or 36 did not have a known mental illness
96Who?Substance Abuse:Victims: 59% or 47 of domestic violence homicide victims had no known history of substance abuse28% or 22 victims had a known history of substance abuse Perpetrators: 43% or 32 perpetrators had a known history of substance abuseAlso, 43% or 32 perpetrators had no known history of substance abuse
97Protective Orders and Crisis Center Services Only 4% or 3 or of victims had protective orders in effect at the time of the homicideOnly 6% or 5 or of victims had sought crisis center services*Of the 3 victims who had a protective order in effect, 2 sought crisis center services*This is consistent with the Maryland Lethality Assessment Program (LAP) national research
98Domestic Violence Emergency (Telephonic) Orders Frequency of Domestic Violence Emergency Orders by NH County,2012
99Rates of DV Emergency Orders Granted by NH County in 2012 At times when courts are closed, victims may request a civil emergency protective order through the police department. These orders remain in effect until the end of the next court business day, at which time a plaintiff may file a civil domestic violence petition to request continued protection. The court typically only receives copies of the orders that have been granted by an on call judge; data regarding those that may have been requested and denied are not available. Figure 1 identifies the number of emergency DV orders granted by county, and Figure 2 shows the rate at which these orders are issued per 100,000 people. The red line in Figure 2 represents the statewide rate of 40 per 100,000 people. Figure 2 indicates that, per capita, Coos County tends to utilize these orders most frequently. It should be noted that, in addition to this civil option for protection, a criminal bail protective order may also be issued following a domestic violence incident. This may account for the low number of emergency orders in Hillsborough County, a county which appears to most frequently utilize criminal bail protective orders (see figure 23).Rates of DV Emergency Orders Granted by NH County in 2012
101Rates of Domestic Violence Petitions Filed in NH Courts by County in 2012
102Domestic Violence Petitions Filed in NH Courts by Plaintiff & Defendant Gender, 2012
103Percent of DV Petitions by Plaintiff & Defendant Age in NH Courts, 2012
104Outcomes of Temporary Orders Granted or Denied in Domestic Violence Petitions in NH Courts, 2012 Requirements/standards for granting a temporary orderRelationship requirement per 173-BImmediate & present danger of abuse
106Outcomes in DV Final Orders in NH Courts, 2012 Outcomes in DV Final Orders in NH Courts, 2012 Two findings required:1) “Abuse” judge must note one of the crimes in RSA 173-B2) the defendant represents a “credible threat”.Two findings required:
114Criminal Data Definitions under VAWA: Summary of misdemeanor data what the data is and what it is notcases v. chargesSummary of misdemeanor dataSLOW downSummary of misdemeanor data – no “charge of domestic violence”
116Violation of Protective Order: Charges Felony21Misdemeanor972Total993Violations of civil DV protective orders onlyIf incidents occur within close proximity (ex: numerous text messages), may file as one chargeViolation – example of error???These numbers reflect a count of the violation of protective order (RSA 173-B:9) charges filed in Circuit Court in 2012.1 charge = 1 incident / offense (ex: contacting the victim three times = three charges) (typically, but not always)
118New Hampshire does not have a crime of “Domestic Violence” Currently when an officer responds to a “domestic’ they can charge only the criminal conduct.The relationship between the parties is not an element of the offense.The law is silent about this crime.
119Other States34 other states and 2 territories have a crime of domestic violence.The relationship between the parties is an element of the offense.
120NH SAVINNew Hampshire has a federal grant to build a Statewide Victim Notification SystemGoal: Promote victim safety and security by providing timely notifications of changes in offender statusThere will need to be a way to determine which misdemeanor crime victims will access this system.
121J-OnePursuant to RSA 106-K New Hampshire is automating portions of its criminal justice information management systems.The system uses the criminal code chapter and section numbers to transmit information about a criminal case.Currently there is no way for a case to be identified as a domestic violence crime.
122Contact InformationFor more information, please contact:Betsy Paine, Domestic Violence Specialist