Valente, 1 Firearms and Domestic Violence: Practical Issues and Safety for Victims Rob (Roberta) Valente Consultant National Council of Juvenile and Family.

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Presentation transcript:

Valente, 1 Firearms and Domestic Violence: Practical Issues and Safety for Victims Rob (Roberta) Valente Consultant National Council of Juvenile and Family Court Judges

Valente, 2 Safety First Points of lethality: firearms and separation violence Full discussion of firearms with client – When possession of firearms is unsafe – When possession of firearms is illegal – Understanding the impact of addressing firearms at different stages of the case Immediate law enforcement issues – Addressing threats/imminent danger – Safety of children and other family members

Valente, 3 Safety Planning with Survivor Questions to ask – What is survivor most concerned about regarding the abuser ’ s firearms? – What kinds and numbers of firearms does the abuser have access to? What related items (like ammunition) should be addressed? Importance of listening to the survivor ’ s concerns and experience

Valente, 4 Safety Planning with Survivor Remedies to discuss – Requiring abuser to surrender firearms – Monitoring abuser compliance re: firearms – Ensuring that law enforcement knows of any firearms prohibitions Identifying allies Rehearsal Evaluation and updating of safety plan

Valente, 5 Negotiated and Mutual Orders of Protection Consent order may include voluntary relinquishment of firearms Consent orders may reference no use of firearms in stay away and anti- violence/anti-harassment provisions Mutual orders that do not satisfy due process standards do not constitute qualifying orders

Valente, 6 Protection Orders and Firearms Possession How to reference federal or state firearms prohibitions on temporary and final protection orders Tribal prohibitions Using the catch all provision when no explicit tribal (or state) prohibition applies

Valente, 7 Enjoining the Abuser Prohibiting possession, purchase, transfer, or any other use of firearms Prohibiting the use of firearms owned or possessed by others Prohibiting abuser from asking others to obtain firearms on the abuser ’ s behalf Prohibiting use or possession of firearms around children or other vulnerable family members

Valente, 8 Enjoining Third Parties Directing law enforcement to seize or search for firearms Prohibiting family, friends, and neighbors from “ holding ” firearms on behalf of the abuser Issues around hunting, recreational, sports, and subsistence usage Notifying or enjoining employers regarding abuser ’ s use of firearms at work (military, law enforcement, private security work)

Valente, 9 Other Family Law Proceedings: Divorce and Separation Addressing firearm safety through property division in divorce or separation proceedings Court-ordered sale of firearms (as marital property) Court-ordered storage of firearms to avoid dissipation of the asset during separation and before final divorce decree

Valente, 10 Ensuring Enforcement of Firearms Prohibitions Ensuring that protection orders are entered into NCIC Civil attorney tools (court order plus state system for entry of order in NCIC) Client advocacy with state system where needed Enlisting help of local law enforcement to ensure entry completed

Valente, 11 Thank You!