1. Christine Watson Felony & 143 Legal Advocate Counseling & Advocacy Services

2. 1. Overview of SHC Legal Advocacy 2. Overview of Civil Law 3. Overview of Criminal Law

3.  Monitor criminal court cases involving domestic violence and sexual assault in all jurisdictions  Make contact with survivors involved in these cases  Provide support and information about the criminal and civil legal systems and potential outcomes  Upon request, we can accompany SPs to court, meetings with law enforcement, attorneys, Friend of the Court, etc  Maintain relationships with players in the system  Assist Survivors in having their needs met by these individuals

4.  Support survivors regardless of their decisions about whether they want to participate in investigation and prosecution  Safety plan for possible retaliation from suspect  Connect survivors to other SHC services such as shelter, counseling, health care services, etc  Provide other general/personal advocacy as requested

5.  We are not attorneys  We do not give legal advice

6.  SafeHouse Center Definition Emotional abuse; lager pattern of power and control May also include physical abuse  Legal Definition Physical assault or the threat of physical assault Current or former intimate partners, roommates, parent/child, siblings, child in common

7. Overview of Civil Law/cases

8.  Dispute between individuals  Initiated by individual parties to the case  Includes Divorce, Custody, Personal Protection Orders  Handled by the District Courts or Circuit Court depending on what the parties are seeking  Judge will award money damages to the wronged party or try to restore equity (fairness) between them  Burden of Proof: Preponderance of evidence (less strict)  Do not carry criminal penalties, (with the exception of PPO’s)

9.  Michigan is a “No Fault” state  Plaintiff v. Defendant  If Married parties have children in common, the parties must first file for Divorce before they can file for Custody

10.  Must live in the state of MI for 180 days and in the County in which they wish to file for 10 days  Process can take at least 3 months without children  Process can take at least 6 months with children

11.  Sometimes referred to as “Legal Separation” Parties are still legally married Support can be ordered/property divided Cannot remarry without getting a divorce

12.  When Assailant is on Birth Certificate Both parents have equal rights to child Either parent can “take” the children at anytime The police cannot get involved since the parent is presumed to have a right to be with his/her child  When Assailant is not on the Birth Certificate Assailant has no legal relationship to the child If child is taken it could be considered kidnapping and the police can get involved

13.  Legal Right to make major life decisions  Joint Custody Both parties share the responsibility of legal custody, physical custody or both Factors to consider  Physical Who the child will live with primarily  Sole Custody One party has either legal or physical custody or both

14.  #1 Love and affection  #4 Stable environment  #6 Moral Fitness  #7 Mental/Physical Health  #10 Willingness/ability to facilitate…  #11 Domestic Violence

15.  Batterers are not mentally ill and many perform well in testing and/or out perform the survivor  Survivors may show more symptoms of pathology that a batterer due to effects of DV  Lack of Psychological testing that can determine if someone is a batterer  Standardized tests can be very poor predictors of violence

16.  Power and control Often does not perceive his partner or child(ren) as separate from himself Believes he is fundamentally entitled to access to his child(ren) regardless of his behavior May interrogate and use the child(ren) to monitor his ex-partner’s schedule, as a way of gathering information to use against her in court, and to let her know that he still has control over her through his surveillance activities. May employ “motion abuse” or needlessly prolong the divorce or custody case Is unlikely to put his child(ren)’s needs ahead of his own.  Punishment of the other parent May refuse to pick up/drop off the child(ren) from a designated time and place May take the child(ren) to another location and conceal the child(ren) May make numerous allegations or CPS reports alleging abuse and neglect (especially survivor’s drug and alcohol use, sexual acts, etc.) May physically and sexually assault his children as a way of “getting back” at his partner.

17.  Child support Does not want to pay child support May withhold any money/belongings that mother sends with the child(ren) for visitation.  Vindication of their character Will try to use survivor’s efforts to get help (counseling, shelter, treatment, etc.) as evidence of her vulnerabilities and “unfitness” as a parent.  Establish contact where the violence can be continued May refuse to meet in public and use visitation to enter his ex- partner’s house and harass, stalk, or assault her

18.  Always recommend that the survivor obtain legal council  Do-it-yourself “divorce kits” are not recommended for circumstances of DV Requires parties to agree on everything

20.  Civil orders that may have both civil and criminal penalties  Petitioner vs. Respondent  Prohibits the respondent from engaging in behaviors that may not be crimes but may be a part of battering/stalking.

21.  “Anti-Stalking” PPO Requires a pattern of unwanted contact Contact must cause the petitioner to reasonably fear for their safety Usually requires 2 or more unwanted contacts  Domestic PPO Includes married, formally married, dating or formally dating, or child in common Also applies to family members or roommates who live/lived together

22.  Can work with SHC PPO advocate  Fill out a request – “petition” Can request certain protections Ex-Parte  Petitioner must submit a personal statement describing why there is a need for the PPO Should be detailed and descriptive Not necessary to have police reports, criminal convictions or medical records May not encompass children

23.  Must have a next friend petition on their behalf  Next friend can be: Parent, guardian, next of kin, friend or other relative  Ages 14 –17 Minor must consent to the next friend  Ages 14 and under Minor does not have to consent to the next friend

24.  Judge decides  Order can be: Granted in full Granted in part Set for hearing Denied

25.  If granted, the PPO must be served by personal service or certified mail Process server, Police, friend or relative  If unable to serve File a motion for alternate service

26.  Respondent can contest the order within 14 days of being served  Petitioner must be served with a notice of hearing If petitioner is properly served and does not appear for the hearing, the PPO can be dismissed by the Judge

27.  Order is effective immediately  Not enforceable by the police until the Respondent has been served and entered onto LEIN (Law Enforcement Information Network).

28.  PPOs can be filed for in any county  PPO is enforceable across state lines  Important for survivor to find out if PPO is entered onto LEIN

29. If a violation occurs: Call police  If not served, police can serve orally (in person), but won’t be arrested  If served, police can immediately arrest on violation if they are able to make contact with the respondent  If direct contact cannot be made, survivor can initiate a show cause hearing (file a civil motion to show cause)  Survivor may also be able to pursue criminal charges Document dates and times of violations

30. CRIMINAL LAW

31.  Crimes committed against the State  Handled by attorneys that work for the State  Judge will determine if crime was committed and then render punishment  Burden of Proof:  Beyond a reasonable doubt  Carry criminal penalties such as jail, prison, probation, fines and costs

32. Criminal cases involve misdemeanors and felony matters  DV & SA cases can involve a combination of both misdemeanor and felony offenses Misdemeanors carry a potential penalty of less then a year in jail and involve 4 MAIN proceedings Felony matters carry a potential penalty of over one year in prison and involve 5 MAIN proceedings Most cases are resolved before proceeding to trial as plea offers are often made as a way of securing conviction

34.  Fear of perpetrator  Fear of police contact  Fear of other agency involvement  Ashamed  Guilt  Police couldn’t...  Police wouldn’t....

35. National Violence Against Women Survey-July 2000

36. Police report Report Submitted Authorized Arrested Warrant Denied Released AuthorizedDenied Arraignment

37. Police report Arraignment Pre-trial Trial Pre-sentence investigation NGG Found Not guilty Case dismissed Found guilty Sentencing MISDEMEANOR CASE FLOW NC

38. Police report Arraignment Pre-trial Trial Pre-sentence investigation NGG Found Not guilty Case dismissed Found guilty Sentencing FELONY CASE FLOW Preliminary exam Insufficient evidence Case dismissed Charges modified Sufficient evidence NC

39.  No Contact Order (NCO)  Non-consensual Contact Order  Do Not Go To  No Alcohol/Drugs – random testing  Community Corrections  No purchase/possession of firearms/ammunition

40.  Washtenaw County has 6 misdemeanor jurisdictions 14A1 14A2 14A3 14A4 14B 15 th  Washtenaw County has 1 felony jurisdiction  Every misdemeanor jurisdiction has a specific DV docket day.  Felony level is covered only at the preliminary exam hearings and then only per request at subsequent hearings.  A SHC legal advocate is assigned to each jurisdiction with the felony level divided between DV & SA cases

41.  Washtenaw County has a “no-drop” policy when it comes to DV cases  Washtenaw County has a specific DV Prosecutor and Victim Advocates  DV cases carry graduated penalties  In many cases, the State needs the survivor’s participation in order for the case to proceed  Reporting the crime is not an option for everyone and does not guarantee conviction or safety

42.  Misdemeanors Domestic Violence-1 st offense Domestic Violence – 2 nd offense Aggravated domestic violence Stalking  Carry a possible sentence of less than one year in jail  Felony Domestic Violence – 3 rd offense Assault with a dangerous weapon (Felonious Assault) Stalking - Aggravated  Carry a possible sentence of more than one year in prison

43.  Domestic Violence – 1 st offense Person in a domestic relationship who willfully attempts to inflict injury upon the person of another, coupled with an apparent and present ability to do so, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm  Punishable by up to 93 days jail and/or $500 fine

44.  Domestic Violence – 2 nd offense The individual has a prior misdemeanor or felony assault conviction on a victim and who meets the criteria for a domestic violence relationship  Punishable by up to one year in jail and/or $1,000 fine

45.  Domestic Violence-3 rd offense The individual has two prior convictions on a victim who meets the relationship criteria for a domestic relationship  Punishable up to two years in prison and/or $2,500 fine

46.  Domestic Violence – Aggravated The individual assaults another resulting in a serious injury that is without a weapon and requires immediate medical attention or disfigurement  Punishable by up to one year in jail and/or $1,000 in fines

47.  Assault with a dangerous weapon An assault with a weapon without intent to inflict great bodily harm or murder  Punishable up to 4 years in prison and/or $2,000 fine

48.  Stalking A willful course of conduct involving repeated or continuing harassment of another individual There needs to be two or more unconnected and un- consented contacts The conduct would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested  Misdemeanor offence punishable by up to one year in jail and/or $1,000 fine

49.  Aggravated Stalking An individual who engages in stalking and his actions include one or more of the following:  Making a credible threat to kill or injure the victim  Having a previous conviction for stalking or aggravated stalking  Violating a domestic assault or personal protection order  Violating a condition of bond, pretrial release, or probation  Felony offence punishable by up to five years in prison and/or $10,000 fine

50.  Telephone - tapping/cutting/breaking  Malicious Destruction of Property  Home Invasion  Assault with intent to do Great Bodily Harm > murder  Homicide  Criminal Sexual Conduct

51.  Prosecutor’s office will not force a survivor to participate in Prosecution  Washtenaw County has specific SA Prosecutors and Victim/Advocates  Four main CSC charges  Statute of limitations; depending on the nature of the offense, the survivor may still be able to report the crime  All CSC cases are treated as felony matters and handled by the Circuit Court

52.  SHC SA legal advocate covers all preliminary exam hearings  Will also cover subsequent hearings by requests

53. Penetration Sexual penetration and at least one other circumstance CSC-1 st CSC-3 rd Sexual Contact Sexual contact with sexual purpose and at least one other circumstance CSC-2 nd CSC-4 th

54. SEXUAL PENETRATIONSEXUAL CONTACT CSC – 1 ST CSC – 4 TH CSC – 3 RD CSC – 2 ND Victim is under 13 Victim is 13-15 and assailant is a household member Victim is 13-15 and assailant is in a position of authority Victim is 13-15 and assailant is related by blood or affinity Another felony is committed Multiple assailants and victim is known to be incapacitated Multiple assailants and force is used Assailant used a weapon Assailant causes personal injury and force is used Assailant causes personal injury and victim is incapacitated Victim is 13-15 Victim is incapacitated Force is used

55.  CSC-1 st Life  CSC -3 rd 15 years  CSC -2 nd 15 years  CSC -4 th 2 years

56.  Criminal Failing to appear at court hearing Filing false police reports  Civil Housing Immigration

57.  Legal Advocates/PPO Advocate  Refer to Family Law Project  Refer to Private Attorneys  On own (PPO)