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

TYPES OF RESTRAINING ORDERS Domestic Abuse ( ) Child Abuse ( ) Harassment ( ) Individuals at Risk ( ) Foreign Orders

THE PROCESS Two hearings Personal Service Constructive knowledge

POTENTIAL REMEDIES Review Injunction Form circuit/index.htm

RELATED SOP S Property Service Order retention Department employees Firearm provision enforcement

WHAT CAN THEY TELL US ABOUT THE PETITIONER? “In action” Criminal case overlap Credibility and follow-through

WHAT CAN THEY TELL US ABOUT THE RESPONDENT? Patterns Guns Other evidence

CONTACT BY PETITIONER Order not voided Safety strategy No mutual orders

WHEN BOTH PARTIES FILE First to file Race for removal Can both have grounds

A COURT ORDER IS A COURT ORDER Facebook, text, phone Not reporting as strategy Serious risk

INVESTIGATING VIOLATIONS Abuser manipulation Other witnesses Victim experience Skilled abusers

DOCUMENTING VIOLATIONS Service (Witness) Evidence of knowledge Terms of Order

IMPLICATIONS FOR PRACTICE Expect ambivalence Information about process Information about service

Avoid prescribing oversimplifying appearing judgmental

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

OTHER ORDERS 72 hour NCO Bail condition Sentencing Divorce

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

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.

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

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…)

Liz Marquardt, RO Clinic, Wisconsin Coalition Against DV (608) ,