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Published byDylan Jordan Modified over 9 years ago
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THE CIVIL SIDE OF THINGS: ORDERS OF PROTECTION MS. LISABETH MARQUARDT DIRECTOR, STRATEGIC INITIATIVES
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VALUE OF RO S Voluntary Compliance Mandatory Arrest Removal
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MORE VALUE OF RO S Documentation Limiting access
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POTENTIAL RISKS OF RO S Abuse worsens Collusion Exposure
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TYPES OF RESTRAINING ORDERS Domestic Abuse ( 813.12) Child Abuse (813.122) Harassment (813.125) Individuals at Risk (813.123) Foreign Orders
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THE PROCESS Two hearings Personal Service Constructive knowledge
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POTENTIAL REMEDIES Review Injunction Form http://www.wicourts.gov/forms1/ circuit/index.htm
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RELATED SOP S Property Service Order retention Department employees Firearm provision enforcement
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WHAT CAN THEY TELL US ABOUT THE PETITIONER? “In action” Criminal case overlap Credibility and follow-through
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WHAT CAN THEY TELL US ABOUT THE RESPONDENT? Patterns Guns Other evidence
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CONTACT BY PETITIONER Order not voided Safety strategy No mutual orders
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WHEN BOTH PARTIES FILE First to file Race for removal Can both have grounds
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A COURT ORDER IS A COURT ORDER Facebook, text, phone Not reporting as strategy Serious risk
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INVESTIGATING VIOLATIONS Abuser manipulation Other witnesses Victim experience Skilled abusers
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DOCUMENTING VIOLATIONS Service (Witness) Evidence of knowledge Terms of Order
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IMPLICATIONS FOR PRACTICE Expect ambivalence Information about process Information about service
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Avoid prescribing oversimplifying appearing judgmental
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ABOVE AND BEYOND Assist connection to resources Request follow up Serve orders Standby for property pickup
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OTHER ORDERS 72 hour NCO Bail condition Sentencing Divorce
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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
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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.
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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
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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…)
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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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