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Participants:   Robin Christopherson, MCVP Amanda Grady Sexton, NHCADSV

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1 New Hampshire House of Representatives Continuing Education NEW HAMPSHIRE’S DOMESTIC VIOLENCE LAWS
Participants: Robin Christopherson, MCVP Amanda Grady Sexton, NHCADSV Dr. Scott Hampton, Ending the Violence Kasey LaFlam, MCVP Betsy Paine, JD, Chair of the NH Fatality Review Committee Lynda Ruel, NH Department of Justice Timothy Russell, Ret. Chief of Police, Henniker NH Earl Sweeney, Assistant Commissioner of the Department of Safety

2 Domestic Violence & NH Crisis centers
Presented by: MCVP: Crisis & Prevention Center (Keene, NH) Robin Christopherson, Executive Director Kasey LaFlam, Education & Community Outreach Coordinator September 18, 2013

3 What 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: Physical Mental/Psychological Sexual Economic Verbal Stalking Emotional

4 What 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.

5 What is Domestic Violence?
Coercion & Threats Intimidation Emotional Abuse Isolation Minimizing, Denying & Blaming Using Children Male Privilege Economic Abuse Physical Violence Sexual Violence

6 Power & 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

7 The Impact National Intimate Partner & Sexual Violence Survey (CDC) Experienced Severe Physical Violence by an Intimate Partner 1 in 4 women 1 in 7 men Experienced Rape by an Intimate Partner 1 in 10 women Experienced Stalking by an Intimate Partner 1 in 9 women 1 in 50 men

8 Barriers 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.

9 Barriers to leaving: Barriers that can make it difficult for someone to leave an abusive relationship can include: Financial constraints Lack of safe and affordable housing Transportation Child care Employment opportunities FEAR

10 DV is EVERYONE’S Issue When 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

11 When 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

12 ACE 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. ABUSE Emotional Physical Sexual NEGLECT Emotional Physical HOUSEHOLD DYSFUNCTION Witnessing DV Mental illness Substance abuse Divorce Household member incarcerated

13 Hidden Victims Growing 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

14 NHCADSV The 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.

15 Many individual programs have their own 24-hour hotline, however all programs can be reached by calling the statewide hotline at

16 Crisis 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 Line Emergency Shelter Medical Advocacy Safety Planning Court Advocacy Information & Referral Support Groups

17 Crisis Center Services
In 2012, the 14 Crisis Centers across New Hampshire provided services to the following: 9,144 victims of domestic violence 2,150 victims of sexual assault 706 victims of stalking 225 individuals were given 18,312 nights of shelter A total of 16,348 individuals served (Primary victims, secondary victims & third-party referrals)

18 Making 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

19 Crisis 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.

20 Contact Information For questions or to request additional information, please contact: NHCADSV (603) MCVP (603)

21 Chief 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

22 The 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:

23 Domestic Violence Acts as defined by RSA 173-B:1
Assault or reckless conduct - RSA 631:1-3 Criminal threatening - 631:4 Sexual Assault A:2 –A:5 Interference with freedom – 633:1 through 633:3-a Destruction of property – 634:1, 2 Unauthorized entry – 635:1,2 Harassment – 644:4

24 ELEMENTS OF ABUSE Commission or Attempted Commission of one of the previously listed Domestic Violence Acts Committed by Family, household member or intimate partner The act must have constituted a Credible Threat to the victim’s safety

25 Six Types of Civil Protective Orders
Telephonic Temporary Final Foreign Divorce RSA 458:16 Stalking 633:3-a

26 CIVIL ORDERS Domestic 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.

27 Who May File for a Civil Protective Order
Spouses Ex-spouses Persons co-habitating Persons who co-habitated but who no longer co-habitate Parents of the defendant Persons related to the defendant by consanguinity (blood) Persons related to the defendant by affinity (marriage) Former intimate partners Current intimate partners

28 Intimate Partners Persons currently or formerly involved in romantic relationship, whether or not such relationship was ever consummated sexually.

29 Emergency 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.

30 Temporary 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.

31 Temporary Orders These 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.

32 Temporary 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”.

33 Temporary 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.

34 Final Orders At 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.

35 Final Orders The protective stipulations will essentially mirror the protective stipulations outlined in the temporary order. HOWEVER Upon issuance of a final order, firearms and ammunition MUST be surrendered. The Judge has NO STATUTORY DISCRETION.





40 Final Orders If 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.

41 Enforcement Of Orders Emergency, 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!

42 Mandatory 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.

43 Firearm Defined Firearm 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.

44 Mandatory 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.

45 Mandatory 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.

46 Crime 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”.

47 Mandatory Arrest When 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.

48 Arrest 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.

49 12 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).

50 The Arrest Decision Upon expiration of the 12 hour time frame or before if possible, the officer should seek a warrant for the suspect’s arrest.

51 Primary [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.

52 Determining Factors The 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.

53 Other 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.

54 When 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.

55 Remember Domestic 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.

56 Overview of Offenders Scott Hampton, Psy.D. Executive Director
Ending The Violence

57 Agenda - Offenders Why they do it
Differences between batterers and victims Tactics of abuse The impact on children How we can intervene – the role of batterers intervention

58 Causes of abuse or battering
Is it due to mental illness loss of temper substance abuse communication difficulties or stress

59 Domestic violence/Battering
The systematic use of Physical or other forms of abuse To control an intimate partner That is in part socially sanctioned It tends to get worse over time Without meaningful intervention

60 Difference between batterers’ and victims’ use of violence
Battering vs. resistive violence (Pence) Beating, mutual beating, battering (Campbell) Violence vs. abuse (Hampton)

61 A 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?”

62 Tactics/types of abuse
Physical Strangulation Sexual Psychological Emotional Social Cultural Spiritual Economic Medical Alcohol or other drug Legal Child Symbolic Environmental Stalking

63 Overlap of domestic violence and child abuse
Over 30 studies reveal a link between child maltreatment and intimate partner violence These 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)

64 Why 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 children 7% of non-perpetrators of domestic abuse physically abuse children Multiple studies demonstrate that the mothers of incest victims are likely to be battered by the perpetrator Daughters 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 factors Rates of child abuse increase with the frequency and severity of the intimate partner violence does Rates of abuse increase with alcohol abuse Multiple studies cited in the Batterer as Parent book.

65 Parental 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?”

66 Parental Alienation Syndrome
Psychiatric disorder Occurs in the context of parenting disputes following divorce The child rejects contact with the target parent and Engages in a campaign of vilification against him or her (e.g., false allegations of abuse)

67 Parental Alienation Syndrome
Not recognized by APA No scientific basis or review Self published studies by Richard Gardner 2 % Rate of false accusations; not 90% False accusations hidden sexual desires for own children

68 Parental 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

69 Divorce-Related Malicious Mother Syndrome
Ira Daniel Turkat, Ph.D. Tactic of visitation interference Gender specific No differential diagnosis Ignores possibility of a protective parent Ignores custodial interference

70 Hostile-Aggressive Parenting
Newest attack on battered mothers Alleged to be the cause of PAS No scientific basis Protective parents appear hostile

71 Services for batterers
NH Standards of Practice, 2002 Group education 36 weeks Community linkages Co-leadership Accountability

72 Pieces of the Puzzle: Violence Against Women in NH: Fatality Review and Data from the Courts and the Attorney General’s Office September 19, 2013

73 New 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

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.

75 FRC 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

76 2012 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

77 Talking about VAW Data Three separate data sets are used in this presentation: Coalition Statewide Data; Homicide data from the Attorney General’s Office; and; Court VAW Data The numbers should invite conversation.

78 When 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 victim Homicide data is counted by victims Cross-system data sharing – not there yet Data sets don’t talk to each other – visions someday! J-ONE

79 Prevalence 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 Sheet An 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)

80 New Hampshire Statistics
NH crisis centers assisted over 16,348 people in 2012. Source: NH Coalition Against Domestic and Sexual Violence

81 DV 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 homicides 79 or 50% of the total homicides involved domestic violence 30% or 24 of the 79 Domestic Violence homicides were homicide/suicides. Of the 24 Domestic Violence homicide/suicide perpetrators 92% or 22 were male 8% or 2 were female.

82 Total Homicides vs. Domestic Violence Homicides

83 Total Homicides Relationship
In cases where the relationship between the victim and defendant was known, 70% or 112 victims knew their perpetrator It was approximately 6.5 times more likely for victims to be killed by someone they knew than by a stranger Domestic 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 cohabiting Family member homicides are those where the defendant and the victim are NOT intimate partners but are family members E.g. when a child kills a parent Domestic 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

84 Domestic Violence Homicides Relationship
Of the 79 domestic violence homicides: 56% or 44 involved partners 31% or 25 involved family members 13% or 10 were domestic violence related

85 Domestic 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 average Location: 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.

86 Counties Coos 2 domestic violence/5 Homicides Grafton
Carroll 1 Domestic Violence/9 Homicides Belknap 6 Domestic Violence/9 Homicides Merrimack 3 Domestic Violence/9 Homicides Sullivan 5 Domestic Violence /8 Homicides Cheshire 2 Domestic Violence/3 Homicides Hillsborough 35 Domestic Violence/64 Homicides Rockingham 17 Domestic Violence/27 Homicides Strafford 4 Domestic Violence/11 Homicides

87 Domestic Violence Homicides When?
Time: Over 42% or 33 occurred between 6:00 pm and 6:00 am Month: 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

88 Domestic Violence Homicides How?
Cause of Death: 48% or 38 were a result of a firearm 42% or 33 or were a result of a handgun 22% or 17 or cutting or stabbing 18% or 14 or blunt force impact 6% or 5 strangulation Note in % DV Homicides involved a firearm

89 Domestic Violence Homicides Who?
Gender: 67% or 53 of victims were female and 33% or 26 or were male 84% or 63 of perpetrators were male, while 16% or 12 or of the perpetrators were female

90 Who? Victim Relationship/Gender:
Of the 44 partner homicides, 86% or 38 of victims were female Of the 25 family member homicides, 52% or 13 victims were male and 48% or 12 were female Of the 10 domestic violence related homicides, 70% or 7 victims were male and 30% or 3 were female

91 Who? Perpetrator Relationship/Gender:
Of the 44 partner homicides, 88% or 39 perpetrators were male and 14% or 6 were female Of the 21 family member domestic violence homicides, 86% or 17 perpetrators were male and 19% or 4 were female Of the 10 domestic violence related homicides, 80% or 8 perpetrators or were male and 20% or 2 were female

92 Victim Relationship by Gender

93 Perpetrator Relationship by Gender

94 Who? Age: Victims: 29% or 23 were over 50 followed by 20% or 16 or who were under 20 Average age was 38, with the youngest being 3 months old and the oldest being 92 Perpetrators: 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 39 Average age was 41, with the youngest being 16 and the oldest being 85

95 Who? Mental Illness: Victims: 79% or 62 did not have a known history of mental illness Perpetrators: 48% or 36 did not have a known mental illness

96 Who? Substance Abuse: Victims: 59% or 47 of domestic violence homicide victims had no known history of substance abuse 28% or 22 victims had a known history of substance abuse  Perpetrators: 43% or 32 perpetrators had a known history of substance abuse Also, 43% or 32 perpetrators had no known history of substance abuse

97 Protective Orders and Crisis Center Services
Only 4% or 3 or of victims had protective orders in effect at the time of the homicide Only 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

98 Domestic Violence Emergency (Telephonic) Orders
Frequency of Domestic Violence Emergency Orders by NH County, 2012

99 Rates 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


101 Rates of Domestic Violence Petitions Filed in NH Courts by County in 2012

102 Domestic Violence Petitions Filed in NH Courts by Plaintiff & Defendant Gender, 2012

103 Percent of DV Petitions by Plaintiff & Defendant Age in NH Courts, 2012

104 Outcomes of Temporary Orders Granted or Denied in Domestic Violence Petitions in NH Courts, 2012
Requirements/standards for granting a temporary order Relationship requirement per 173-B Immediate & present danger of abuse


106 Outcomes 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-B 2) the defendant represents a “credible threat”. Two findings required:


108 2012 Stalking Temporary Orders



111 Criminal Protective Orders
Initially issued by bail commissioner Adopted by judge at arraignment Issued under the bail statute Note – may involve same parties as civil prot. order



114 Criminal Data Definitions under VAWA: Summary of misdemeanor data
what the data is and what it is not cases v. charges Summary of misdemeanor data SLOW down Summary of misdemeanor data – no “charge of domestic violence”


116 Violation of Protective Order: Charges
Felony 21 Misdemeanor 972 Total 993 Violations of civil DV protective orders only If incidents occur within close proximity (ex: numerous text messages), may file as one charge Violation – 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)


118 New 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.

119 Other States 34 other states and 2 territories have a crime of domestic violence. The relationship between the parties is an element of the offense.

120 NH SAVIN New Hampshire has a federal grant to build a Statewide Victim Notification System Goal: Promote victim safety and security by providing timely notifications of changes in offender status There will need to be a way to determine which misdemeanor crime victims will access this system.

121 J-One Pursuant 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.

122 Contact Information For more information, please contact: Betsy Paine, Domestic Violence Specialist

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