domestic violence the ohio

1 domestic violencethe ohiobenchbookA Practical Guide to Competence forJudges & MagistratesBob Taft, GovernorJennette Bradley, Lt. GovernorCoordinating ohio s Resources for Safer Familiesat the ohio Office of Criminal Justice ServicesSECONDEDITION2003 This Benchbook provides a quick reference to key domestic violence legal issues inOhio. The three courtroom contexts where domestic violence is most likely to be atissue: criminal proceedings, protection order proceedings and parenting proceedings,are paid particular attention. In addition, applicable federal laws, especially firearmsrestrictions are discussed. Supplementing the legal discussion in this Benchbook, thereader will find general information about the dynamics of domestic violence and bestpractice suggestions throughout the text. This supplementary information has beenincluded primarily to address safety concerns that accompany the legal issues in allcases involving allegations of domestic violence , and to place each court proceedinginto its larger reader is also directed to review the endnotes, when further research is useful to the author in developing the Benchbook is the detailed discussionof ohio domestic violence legal issues included in ohio domestic violence Law by RonaldB.

2 Adrine and Alexandria M. Ruden (West Group 2000). Cross-references to thatsignificant resource have been included throughout the this Benchbook is intended for use by judges and magistrates, the informationcontained should be useful to law enforcement officers, attorneys, court personnel, anddomestic violence service this Benchbook is not intended to be an authoritative statement on the legalsolutions to domestic violence , it does report current scientific and legal , it represents the best professional judgment of the author and thosecollaborating in this project to stop the cycle of domestic violence . Similarly, it is notedthe opinions and conclusions expressed in this publication are those of the author anddo not necessarily reflect the views of the Department of Justice or the State of ohio ,Office of Criminal Justice word about gender references. domestic violence laws in ohio are gender-neutraland legal remedies are equally available to men and women.

3 The laws may be genderneutral, but the reality of domestic violence is not. By every reliable measure, includingpublished United States Department of Justice and crime statistics, domesticviolence - violence between intimate partners - is overwhelmingly a crime committedby men and against women. The language of this Benchbook reflects that reality,especially where forcing a contrary phrasing would be confusing or dishonest, and isnot meant to diminish the importance of cases where the victim is male or the perpetratoris this BenchbookAPractical Guide to Competencefor Judges & Magistratesthe ohiodomestic violencebenchbookMike Brigner, violence Prevention Centerat the ohio Office of Criminal Justice publication was supported by Award No. 00DG-B01-7239 awarded from the Office of Justice Programs to the State of ohio , Office of Criminal Justice Opportunity EmployerSECONDEDITION2003 AcknowledgementsThe idea for a domestic violence benchbook has been longconsidered in ohio , but resources to make this idea into reality werehard to come by.

4 I am indebted to Domingo Herraiz forunderstanding the importance of domestic violence prevention andsupporting this endeavor through the resources of the ohio Office ofCriminal Justice. I want to recognize Sharon Reichard and theCenter s Advisory Council for taking a leadership role to promotedomestic violence prevention awareness and making this project apriority. I also want to express my gratitude to my colleagues forcollaborating and providing critical input: Melissa Knopp, StaffAttorney, Supreme Court of ohio ; Alexandria M. Ruden, StaffAttorney, Legal Aid Society of Cleveland; Leslie Malkin, Magistrate,Hardin County Court of Common Pleas; Michael Sheils, ChiefProsecutor, City of Springfield; Karen Frees, Assistant Director forCommunity Outreach, ohio Judicial Conference; Donna Childers,Legislative Coordinator, ohio Judicial Conference; and DianaRamos-Reardon, OCJS. Similarly, I am thankful to the followingindividuals for providing research and writing assistance: FredThomas, Legal Intern, Family violence Prevention Center; NancyNeylon, Executive Director, ohio domestic violence Network;Eileen Pruett, Coordinator, Dispute Resolution Programs, SupremeCourt of ohio ; and Crevon Terrance, Program Manager, DisputeResolution Programs, Supreme Court of ohio .

5 Appreciation is alsodue to the authors of the benchbooks of other states, whichprovided invaluable inspiration and Brigner, , OhioTABLE OF CONTENTSP rofessional CompetenceDomestic violence : The What ..01 domestic violence : The Why ..01 domestic violence : The When .. 02 domestic violence : The Who (Perpetrators) ..02 domestic violence : The Who (Victims) ..04 domestic violence : The Who (Children) ..06 domestic violence : The Who (Community) ..06 domestic violence : The Who (Judges) .. 07 domestic violence : The Who (Attorneys) ..08 domestic violence : The How ..09 domestic violence : The Not How .. 10 Criminal Jurisdiction CourtsBond and Pretrial Release Considerations ..13 Temporary Protection Order (TPO) ..17 Sentencing Considerations for domestic violence Crimes .. 20 Civil Protection OrdersComparing CPO with Other Proceedings ..27 Definitions, Jurisdiction & Venue ..28 Eligible Parties.

6 29 Initial Procedures ..29Ex ParteHearing .. 29 Full Hearing on CPO Petition .. 30 Duration of CPO .. 32 Relief Available to Victims and Children ..33 Consent Agreements ..34 Modification & Renewal of CPO .. 34 Enforcement of a CPO ..35 Children and ViolenceHow domestic violence Should Affect Custody Decisions ..41 How domestic violence Should Affect Visitation Decisions ..44 Mediation ..46 Stalking Protection OrdersStalking Issues & Laws ..49 Criminal Stalking Protection Order (SPO) ..50 Civil Stalking Protection Order (CSPO) ..52 Lethality FactorsLethality Assessment Tools & Their Uses .. 57 Use of Lethality Factors in Criminal Cases ..59 Use of Lethality Factors in Civil Cases .. 61 LETHALITY FACTOR CHECKLIST.. 65 WeaponsEffects of Federal Firearms Laws ..67 Deciding Whether to Impose Weapons Restrictions .. 69 Weapons Issues in domestic violence Cases ..70 Evidentiary IssuesHearsay Issues.

7 73911 Tapes ..74 Prior Bad Acts ..74 Res Judicata ..75 The Child Witness .. 75 The Reluctant Victim ..76 CounselingStatutory Authority .. 81 Court Procedures ..82 Best Practice: Duration of Batterer Intervention Treatment ..84 Best Practice: Inadvisable Orders ..85 Best Practice: Standards for Batterer Intervention Treatment Programs .. 86 The Lawyer s Role ..86 Victim AdvocatesStatutory Authority & Procedural Considerations ..89 Best Practice: Court-Based Advocacy ..90 violence Against Women ActFull Faith and Credit for Protection Orders .. 93 Access to Victim Information ..94 domestic violence Crimes under VAWA..95 MediationMediation & domestic violence ..99 Guidelines for Court Ordered Mediation ..100 Screening Cases for Mediation ..100 Other Guidance for ohio Courts ..102 HelpVictim Referral Resources ..105 State Resources ..105 National Resources .. 107 Other Benchbooks ..109ourts have an obligation to carry out the legislative goals to protect the victims of domestic The Supreme Court of ohio , by unanimous opinion, Felton v.

8 Felton(1997), 79 ohio 34C01 Behavioral Definition:Judicial understanding starts with recognizing that the behavioral definition of domestic violence is more comprehensive than the legal definition: domestic violence is a pattern of assaultive and coercive behaviors, including physical, sexual, and psychological attacks, as well as economic coercion, that adults or adolescents use against their intimate partners. Some aspects of this pattern which should prove interesting to judges include:2 domestic violence differs from stranger violence in that it consists ofa variety of behaviors, some criminal and some not, but all of which indicate a pattern of abusive control. domestic violence is not an isolated event, but episodes that interactin a pattern to control the abused party. Perpetrators often commit acts that appear aimed at children, property, or pets, which are used to control or punish the intimate partner.

9 Research of heterosexual couples indicates that a woman s motivation for using physical force is self-defense, while men use physical force for power and control. The consequences of domestic violence are often lethal, with one-third of all female homicide victims in this country being killed by ahusband or boyfriend. It Is Learned Behavior: domestic violence behaviors are learned through observation beginning in childhood and later through reinforcement, including when the legal system fails to hold the offender accountable. It is repeated because it works. It works to control the victim through fear and intimidation. Because it is learned behavior, itcan be changed with sufficient motivation such as a strong court holding the batterer is domestic violence ?What causes domesticviolence?Professional Competence inDomestic violence CasesUnlike crimes of violence involving strangers, domestic violence cases tend toshow up repeatedly on the court s docket in cases between the same parties, butwith increasing severity of violence .

10 Understanding the What, Why, WhoandWhenof domestic violence cases,1as well as Howto manage such cases isessential to competent judicial decisions. A failure to achieve such understandingcan severely damage the lives of the victim, the offender, the children and eventhe violence : The WhyDomestic violence : The What02 When is domesticviolence mostlikely to escalate? It Is Not Anger: domestic violence is not out of control behavior. violence is directed, together with other tactics such as threats, gifts, promises, isolation, and financial restraints, to establish control over or punish victims. That the abuser does not typically choose the same tactics with bosses, co-workers or friends demonstrates his anger is under control and anger management is a misguided solution. It Is Not Substance Abuse:While substance abuse does not excuse domestic violence , it is relevant because it can increase the lethalityof the violent behavior and must be considered in safety issues for the victim, children, and community.