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Keeping the Promise

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The Honorable Bill Lockyer

Attorney General, State of California

1300 I Street, Suite 1700

Sacramento, CA 95814

Dear Attorney General Lockyer:

In December 2003, you formed a Task Force to examine how local criminal

justice systems respond to domestic violence across California. You asked our 26-

member Task Force – representing criminal justice agencies, victims, the judiciary,

health care, and the Legislature – to focus on four areas: obtaining and enforcing

restraining orders, prosecuting misdemeanor domestic violence cases, holding

batterers accountable, and law enforcement’s response to health practitioner reports

of domestic violence. And you cautioned us to expect that local practice would vary

signifi cantly across the state.

After considering close to 300 interviews with practitioners, hundreds of

documents, and testimony from 69 witnesses at six public hearings throughout the

state, we have prepared a report that identifi es numerous problematic practices, and

offers clear, straightforward recommendations that we believe must be implemented

quickly to strengthen the criminal justice response to domestic violence in California.

We hereby submit the report to you, entitled Keeping the Promise: Protecting Victims

of Domestic Violence and Holding Batterers Accountable.

Our report includes disturbing examples of agencies that have failed: to respond

to domestic violence victims, to enforce the law, to comply with the law, and to

work in necessary collaboration. Yet, we have also seen fi rsthand how much can be

accomplished when there is strong local leadership and cooperation among agencies.

Our recommendations provide information on how agencies that work with or within

the criminal justice system can respond more strategically – and more effectively – to

domestic violence crimes and their victims.

This report should be read as a road map for addressing profound problems in

the handling of domestic violence incidents in California. It is a critical report, but

a report still fi lled with hope and optimism for the future – if local communities and

state agencies work closely together to implement the recommendations provided.

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We are confi dent that many dedicated public servants in local criminal justice

systems and many community-based advocates want a stronger response to this

devastating crime. We believe that this report can challenge all of us to redouble our

efforts to work in a collaborative and sustained fashion as we strive to make victims

safer and hold batterers accountable.

On behalf of the Task Force, thank you for your leadership and for the

opportunity to participate in this powerful social change process.

Respectfully submitted,

CASEY GWINN, Chair

Attorney General’s Task Force on

Criminal Justice Response to

Domestic Violence

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Table of Contents

1

Executive Summary

2

3

4

5

6

7

8

9

10

11

Chapter 1

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13

14

15

Chapter 2

16

17

18

19

20

21

22

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24

25

26

27

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29

30

31

32

33

34

35

36

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43

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Chapter 3

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End Notes

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Chapter 4

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”46

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Chapter 5

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5

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Chapter 6

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Chapter 7

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(Listed in alphabetical order)

Appendix

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