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THE CIVIL SIDE OF THINGS: ORDERS OF PROTECTION MS. LISABETH MARQUARDT DIRECTOR, STRATEGIC INITIATIVES.

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Presentation on theme: "THE CIVIL SIDE OF THINGS: ORDERS OF PROTECTION MS. LISABETH MARQUARDT DIRECTOR, STRATEGIC INITIATIVES."— Presentation transcript:

1 THE CIVIL SIDE OF THINGS: ORDERS OF PROTECTION MS. LISABETH MARQUARDT DIRECTOR, STRATEGIC INITIATIVES

2 VALUE OF RO S Voluntary Compliance Mandatory Arrest Removal

3 MORE VALUE OF RO S Documentation Limiting access

4 POTENTIAL RISKS OF RO S Abuse worsens Collusion Exposure

5 TYPES OF RESTRAINING ORDERS Domestic Abuse ( 813.12) Child Abuse (813.122) Harassment (813.125) Individuals at Risk (813.123) Foreign Orders

6 THE PROCESS Two hearings Personal Service Constructive knowledge

7 POTENTIAL REMEDIES Review Injunction Form http://www.wicourts.gov/forms1/ circuit/index.htm

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

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

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

11 CONTACT BY PETITIONER Order not voided Safety strategy No mutual orders

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

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

14 INVESTIGATING VIOLATIONS Abuser manipulation Other witnesses Victim experience Skilled abusers

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

16 IMPLICATIONS FOR PRACTICE Expect ambivalence Information about process Information about service

17 Avoid prescribing oversimplifying appearing judgmental

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

19 OTHER ORDERS 72 hour NCO Bail condition Sentencing Divorce

20 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

21 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.

22 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

23 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…)

24 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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