HD50 - Report of the Commission on Family Violence Prevention


Executive Summary:
The Commission on Family Violence Prevention was established pursuant to House Joint Resolution 279. The Commission builds on the work of the Domestic Violence Coordinating Council convened in July, 1993 by Chief Justice Carrico. The Bureau of Justice Assistance of the United States Department of Justice has awarded a grant to the Supreme Court of Virginia to support the work of the Commission. The Commission has involved a broad base of citizens in its work: 67 individuals on task groups, 66 individuals on subcommittees, and 25 individuals on the Commission.

The Commission is charged to: study family violence; identify existing services and resources to address family violence; investigate ways to coordinate the delivery of services and resources; increase public awareness of available services; determine services, resources and legislation needed to address, prevent and treat family violence. The Commission's format is: Task Groups which meet between Commission Meetings and report to Subcommittees; Subcommittees which meet at least quarterly, in conjunction with the Commission; the Commission which meets quarterly to hear the reports of the Subcommittees, act on business as necessary, and hold public hearings. Commission Task Groups include: Community Planning Guide; Victim/Provider Resources; Incidence & Prevalence Data; Protective Orders; Anti-Stalking; Statewide Public Awareness Campaign; and Violence Education & Awareness for Physicians. Commission Subcommittees include: Community Response; Legislative/Judicial; Data Collection and Monitoring; Public & Professional Awareness; Law Enforcement; and Training & Technical Assistance Subcommittees.

1996 Legislative Agenda

After reviewing the recommendations of all the Subcommittees, the Commission, at its January 5, 1996 meeting, adopted the following legislative agenda to be introduced in the 1996 session of the General Assembly:

1. Introduction of a Protective Order Bill that will:

• Use consistent language stating that the purpose of these orders is to protect the health and safety of victims and their children:

• Provide this civil protection for persons related by blood or marriage who do not currently reside in the same household;

• Use the standard of family abuse as the basis for orders;

• Direct magistrates to issue a preliminary protective order with "no contact," "no trespass" and "no further abuse" conditions whenever they issue a warrant for assault and battery of a family or household member;

• Clarify that orders may not be issued against both parties, and that each order reflects conditions related to the respondents behavior only;

• Allow the use of a vehicle and temporary custody and visitation as possible conditions of orders;

• Extend the length of Emergency orders to 72 hours;

• Extend the length of Permanent orders to two years; and

• Require that a person found guilty of violating "no contact," "no trespass" and "no further abuse" conditions of these orders spend some time in jail.

2. Introduction of a Family Violence Arrest Bill that will:

• Require compulsory minimum training for law enforcement personnel through the Department of Criminal Justice Services (DCJS) training standards.

• Make the definition of family and household member in § 18.2-57.2 consistent with § 16.1-228;

• Allow for an officer to arrest without a warrant for a violation of a protective order;

•Require the issuance of a Preliminary Protective Order as a condition of release;

• Require mandatory arrest of the primary physical aggressor upon a finding of probable cause that assault & battery has occurred or that there has been a violation of a protective order;

•Provide limited civil immunity to law enforcement officers and localities, since the officers will no longer be acting in a discretionary capacity;

• Require the officer to submit a written report identifying the primary aggressor, arrange transportation for a victim. provide the victim with a notice of rights. and petition for an emergency protective order if there are reasonable grounds to believe probable danger exists for further acts of abuse.

Budget Items

• Introduction of a budget amendment to support the development of victim services.

• Support for budget amendments to: increase resources for Commonwealth Attorneys services; decrease the ratio of citizens/deputy sheriff; and provide increased 599 funding to localities to assist law enforcement efforts.

3. Additional legislative action required to support a Family Violence Arrest Bill:

• Legislation to require local law enforcement agencies to develop and adopt a policy related to family violence. Such a policy should include guidelines for: dispatch of calls; safe approaches to crime scenes; management of contacts with parties; establishing control of the scene; investigation and evidence gathering; arrest decisions and determination of the primary aggressor; assistance and transportation of victims; filing of written reports and coordination with victim service providers, prosecutors and the courts.

It is important to note that the Commission endorsed the Arrest Bill and budget items as a package.

4. Resolutions that will:

• Continue the Commission and direct it to: expand its membership: assess the impact of family violence on children: examine the availability and accessibility of services and resources to victims; investigate the development of standards for effective Batterer Treatment programs; examine effective prosecution techniques; and determine services, resources and legislation which may be needed to further address, prevent and treat family violence.

• Direct the Commission to assure that training is provided for justice system personnel.

Findings, Accomplishments and Recommendations

Community Response and Training/Technical Assistance Subcommittee

I. A number of communities have fanned local coordinating councils which vary in their structure and practice. It is clear that few of these councils are networked with each other to share information and ideas regarding council goals, objectives, and accomplishments. Moreover, a number of localities are interested in forming local coordinating councils but lack the information to effectively develop, implement, and fund council efforts. The Commission has developed a Community Planning Guide to assist communities and has offered technical assistance to four communities across Virginia to help establish councils.

Recommendations:
1. Widely distribute The Community Planning Guide to interested localities, persons and agencies.
2. Convene a meeting of existing local councils and invite representatives of localities interested in establishing councils.
3. Continue to provide technical assistance to communities who have council efforts underway or who wish to establish councils.

II. A number of justice system professionals, human service professionals and their representative organizations are interested in receiving training and technical assistance to improve their coordinated and effective responses to family violence. The Commission identified the need to develop and distribute materials that support the effective implementation of legislation. Specifically, the Commission has produced a curriculum designed to improve responses to stalking and will be developing a guide to effective use of Protective Orders. The Commission has provided training and reference materials for Juvenile & Domestic Relations District Court Judges, Circuit Court Judges, Magistrates, School/Community Teams, and Health Care Professionals.

Recommendations:
4. Introduce a resolution which will assure that training is provided to justice system professionals including judges, Commonwealth's Attorneys, law enforcement officers, clerks, intake officers and magistrates on the Code provisions and procedures related to protective orders and stalking using materials developed by the Commission.
5. Develop reference materials such as videotapes that can be used by law enforcement and courts to educate themselves and the general public about the use, issuance, and enforcement of protective orders.

III. Court policies and procedures are part of the community's comprehensive response to family violence. Court experiences can have a profound effect on the prevention and treatment of family violence. Because the majority of family violence victims are women and children, the impact of court procedures should be considered. The Commission conducted a survey of J&DR District Court Judges and court intake personnel to identify policy and practice issues related to availability, accessibility and responsiveness of the courts to petitioners seeking protective orders.

Recommendations:
6. Support and provide technical assistance as requested to the study of Gender Bias in the Courts.
7. Support the funding and implementation of the Family Court.

IV. The implementation of state agency procedures regarding the support and protection of children have implications for victims of family violence and are part of a comprehensive community response to family violence. The unique situation of women and children who are victims of family violence should be considered. The Commission has provided technical support to the Department of Social Services regarding the implementation of support enforcement requirements of welfare reform as related to victims of family violence. That Department and Virginians Against Domestic Violence have begun to make efforts to provide cross training and information to key personnel.

Recommendations:
8. Continue to monitor the Joint Legislative Study of Child Protective Services and its recommendations.
9. Endorse full support of the change in evidentiary standards for Child Protective Services from clear and convincing to preponderance of evidence.
10. Continue to provide advice and guidance to the Department of Criminal Justice Services related to the planning and implementation of Virginia's response to the Violence Against Women Act.

Data Collection and Monitoring Subcommittee

I. Those responsible for providing protection and services to families experiencing violence often are not aware of the resources available in their own communities. The subcommittee developed a data base of existing services offered through domestic violence, sexual assault, victim/witness, social service and mental health programs. A resource guide that lists these services locality by locality was published and over 1.400 have been distributed.

II. An annotated bibliography of research related to family violence was developed and over 600 copies distributed.

III. The Subcommittee undertook an extensive analysis of existing state level data collection systems to determine what data is being collected related to family violence. This study resulted in a successful revision of the Pre/Post Sentence Investigation data base, which will now include more definitive information relating to victim/offender relationship. Although information is currently collected by a number of state agencies there is little coordination of this data collection effort and therefor it is difficult to relate the data across systems. The Commission has supported efforts by the Supreme Court and State Police to develop an electronic interface that will allow for transfer of protective orders from the courts directly to VCIN. The Supreme Court has recently received a grant to assist this project.

Recommendations:
11. Provide full support for the joint State Police/Supreme Court efforts to develop an automated system that would electronically submit protective order data to State Police, reduce data entry demands, and increase the accuracy of records and the efficiency and safety of law enforcement personnel.
12. Endorse the use by DCJS of federal grant money for the acquisition of hardware/software at the local level to speed IBRS compliance and enhance monitoring of family violence.
13. Encourage DSS consideration of: evaluation of the existing family violence data collection systems; the inclusion of evidence of domestic violence in CPS data; and implementation of a statewide automated CPS data system.
14. Continue a task group dedicated to exploring and maximizing the interface between existing state level data systems. This task group would work toward identifying a minimum set of data elements necessary for inter-agency collaboration in detecting, preventing, and tracking family violence.

IV. There are several model local level systems successfully automating data regarding the victims and perpetrators of family violence. This information is shared across agencies, enhancing the localities' response to family violence.

Recommendation:
15. Develop and distribute a reference guide for localities on how to establish such an information sharing system.

Law Enforcement Subcommittee

I. Law enforcement often represents the first point of intervention for families in abusive situations. Arrest policies relating to family violence incidents vary throughout Virginia. The Commission: surveyed victims and victim service providers to ascertain their experiences; reviewed San Diego's response; and heard from representatives from various localities across Virginia.

Recommendations:
16. Amend the Code of Virginia to include a statewide mandatory arrest policy. Based on probable cause, this statewide policy would require that the primary physical aggressor be arrested and charged with the appropriate crime.
17. Amend the Code of Virginia to require that a law enforcement officer who has reasonable grounds to believe that assault and battery against a family or household member has occurred shall file a written report of the incident with his or her department and make available a copy to the victim at no cost.

II. Currently, law enforcement officers are not required by the State to receive mandatory training in the handling of family violence situations. Training is necessary in order to implement any type of arrest policy.

Recommendation:
18. Include mandatory training in handling family violence situations and in the rules governing the required training of law enforcement under the jurisdiction of DCJS. This training will include identification of the primary physical aggressor.

Ill. Law Enforcement officers may be liable for civil and monetary damages for their actions or omissions. The threat of such civil suits can influence judgment and inhibit action. A grant of qualified civil immunity that protects officers for their reasonable efforts to enforce the law is needed to effectively implement a mandatory arrest policy.

Recommendation:
19. Amend the Code of Virginia to deny recovery for any civil claim based upon an act or omission of any law enforcement officer, agent or employee of any agency of government arising in connection with the performance of any duties or responsibilities undertaken in a reasonable effort to implement a mandatory arrest policy.

IV. In order to make an arrest policy an effective tool in combatting family violence, it must be part of a comprehensive response. Adequate resources for implementation of an arrest policy are an important aspect of such a policy. At the present time, it is unclear what local police department resource needs might be related to the implementation of a statewide arrest policy.

Recommendations:
20. Endorse the recommendation from the Commission on Youth to allocate sufficient funds to assure the availability of prosecutors in all J&DR courts.
21. Endorse the legislative proposal to allocate sufficient funds to increase the number of Sheriffs deputies from 1/2,000 citizens to 1/1,500 citizens.
22. Develop adequate data relating to the resource needs of local police departments.

Legislative/Judicial Subcommittee
I. For victims of family violence. Protective Orders are an important intervention and provide an opportunity to prevent further violence within families. The Commission studied the Code of Virginia related to the issuance of Emergency Orders, Preliminary Orders, Orders of Protection, and Orders for Children. Unclear language in the Code, legislative limitation on the accessibility of orders, and the question of the focus of the legislation have created difficulties for victims, courts, and law enforcement.

Recommendation:
23. Introduce legislation to: make the Code language clear and consistent; support a consistent approach to policy; improve accessibility; provide for the safety and protection of victims and their families; and hold abusers accountable for their actions.

II. Through surveys of Judges, Courts, Court Service Units, Victims, and Service Providers it is apparent that problems relating to availability, policy, resources, and service exist in the present system. In order for any protective order to protect the victim, the system for policy and practice relating to obtaining and enforcing the order must function effectively.

Recommendations:
24. Introduce a resolution directing that training on the Code provisions and procedures for protective orders and stalking be provided for all clerks, court service units, law enforcement, intake officers, and magistrates.
25. Provide full support for the joint State Police/Supreme Court efforts to develop an automated system that would electronically submit protective order data to State Police which allows for tracking of orders, screening for firearms purchases, and complete information of the terms of orders to provide for uniform enforcement of orders across jurisdictions and to comply with federal requirements.

III. The efforts of the Law Enforcement Subcommittee indicated a need for a statewide arrest policy for cases of alleged abuse of a family or household member. Research of the arrest policies of other states and the District of Columbia indicated a variety of policies and provisions relating to arrest, reporting, and protocols.

Recommendations:
26. Amend the Code to: make the definition of family and household member in § 18.257.2 consistent with § 16.1-228; allow for an officer to arrest without a warrant for a violation of a protective order; require the issuance of a Preliminary Protective Order as a condition of release; require mandatory arrest of the primary physical aggressor upon a finding of probable cause that assault and battery of a family or household member has occurred and when there is imminent danger of abuse; and require the officer to submit a written report identifying the primary aggressor, arrange transportation for a victim, provide the victim with a notice of rights, and petition for an emergency protective order if there are reasonable grounds to believe probable danger exists for further acts of abuse.
27. Require mandatory minimum training in handling of family violence situations and identification of the primary physical aggressor for Jaw enforcement personnel through DCJS training standards.
28. Adopt language to direct that local law enforcement agencies must develop a policy related to family violence. Such a policy should include guidelines for: dispatch of calls; safe approaches to crime scenes; management of contacts with parties; establishing control of the scene; investigation and evidence gathering; arrest decisions and determination of the primary aggressor; assistance and transportation of victims; filing of written reports and coordination with victim service providers, prosecutors and the courts.
29. Support the recommendation from the Commission on Youth to allocate sufficient funds to assure the availability of prosecutors in all J&DR Courts.
30. Introduce a budget amendment to provide funds to localities to assure adequate services are available to protect the safety of victims.

IV. From the public testimony received at quarterly Commission meetings and the efforts of all Subcommittees and Task Groups, there is a need for the continuance of this effort. There is also a need to expand the membership of the Commission so that Juvenile and Domestic Relations Court issues, advocacy and service provider issues, and the involvement of the media can be represented.

Recommendation:
31. Introduce a Continuing Resolution for the Commission for another year. The resolution should direct the Commission to: expand its membership; assess the impact of family violence on children; examine the availability and accessibility of services and resources to victims; investigate the development of standards for effective Batterer Treatment programs; examine effective prosecution techniques; and determine services, resources and legislation which may be needed to further address, prevent and treat family violence.

Public and Professional Awareness Subcommittee
I. The packet prepared for the Statewide Public Awareness Campaign was well received and reported to be a unique and useful tool against family violence because it combined information on child abuse, elder abuse, sexual assault, and other forms of family violence. Approximately 5,000 packets were distributed.

Recommendation:
32. Continue the Statewide Public Awareness Campaign by combining the distribution of an updated, revised kit in 1996 with some form of broadcast media campaign.

II. The results of the survey of Virginia's medical schools indicate a need to coordinate information between the three schools and to develop uniform, required curricula on family violence.

Recommendations:
33. Convene a meeting of the Deans of the three medical schools to develop a work plan to integrate family violence curricula into the schools.
34. Make available an annotated bibliography of model curricula to be used as the base of medical training programs in Virginia.
35. Encourage the medical schools in cooperation with the Medical Societies and the Commission to jointly sponsor a statewide medical education forum for faculty and other interested individuals in the area of family violence.
36. Continue this task group but expand its focus and membership to address the training needs of all health professionals.

III. The Victim/Provider Resource Materials Task Group identified the need for information to be provided to victim's upon initial contact. This information should be as extensive as possible, while presented in a format that is easily distributed and concealed. The Commission developed an easily reproduced victim resource card for this information.
Recommendation:
37. Distribute the templates for the victim resource card to all localities.

IV. There is a need to help coordinate and streamline the efforts of the different individuals involved in providing service to victims of family violence, and to make the wealth of information easily accessible.

Recommendation:
38. Develop a service provider resource for magistrates, court service units, clerks of courts, and other service providers.

V. In order to enhance the awareness of family violence issues, the Commission co-sponsored three statewide conferences: Conference on Elder Abuse, June 1995; Healthy Families Virginia Conference, October 1995; Advancing Peace - Ensuring Justice: Strengthening Virginia's Response to Violence Against Women, December 1995.