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The Civil Side of Things: Orders of Protection

The Civil Side of Things: Orders of Protection. Ms. Lisabeth Marquardt Director, Strategic Initiatives. Value of RO s. Voluntary Compliance Mandatory Arrest Removal. More Value of RO s. Documentation Limiting access. Potential Risks of RO s. Abuse worsens Collusion Exposure.

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The Civil Side of Things: Orders of Protection

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  1. The Civil Side of Things: Orders of Protection Ms. Lisabeth Marquardt Director, Strategic Initiatives

  2. Value ofROs • Voluntary Compliance • Mandatory Arrest • Removal

  3. More Value of ROs • Documentation • Limiting access

  4. Potential Risks of ROs • Abuse worsens • Collusion • Exposure

  5. Types of Restraining Orders Domestic Abuse ( 813.12) Child Abuse (813.122) Harassment (813.125) Individuals at Risk (813.123) Foreign Orders

  6. the process • Two hearings • Personal Service • Constructive knowledge

  7. Potential remedies • Review Injunction Form • http://www.wicourts.gov/forms1/circuit/index.htm

  8. Related sops • Property • Service • Order retention • Department employees • Firearm provision enforcement

  9. What can they tell us about the petitioner? • “In action” • Criminal case overlap • Credibility and follow-through

  10. What can they tell us about the respondent? • Patterns • Guns • Other evidence

  11. Contact by petitioner • Order not voided • Safety strategy • No mutual orders

  12. When both parties file • First to file • Race for removal • Can both have grounds

  13. A court order is a court order • Facebook, text, phone • Not reporting as strategy • Serious risk

  14. Investigating violations • Abuser manipulation • Other witnesses • Victim experience • Skilled abusers

  15. Documenting Violations • Service (Witness) • Evidence of knowledge • Terms of Order

  16. Implications for practice • Expect ambivalence • Information about process • Information about service

  17. Avoid • prescribing • oversimplifying • appearing judgmental

  18. ABOVE AND BEYOND • Assist connection to resources • Request follow up • Serve orders • Standby for property pickup

  19. Other orders • 72 hour NCO • Bail condition • Sentencing • Divorce

  20. 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

  21. 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.

  22. Individual at Risk • Interference of an investigation • Physical, Emotional and/or Sexual Abuse • Treatment without consent • Unreasonable confinement/restraint • Financial Exploitation • Neglect • Harassment • Stalking • Mistreatment of an animal

  23. 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…)

  24. Liz Marquardt, 414-276-1911 • lizm@familypeacecenter.org • RO Clinic, 414-278-5079 • Wisconsin Coalition Against DV • (608) 255-0539, www.wcadv.org

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