THE CIV
IL SID
E OF T
HINGS:
ORDERS OF P
ROTECTION
MS
. L I S
AB
ET H
MA
RQ
UA
RD
T
DI R
EC
T OR
, S
T RAT E
GI C
IN
I TI A
T I VE
S
VALUE OF ROS
• Voluntary Compliance
• Mandatory Arrest
• Removal
MORE VALUE OF ROS
• Documentation
• Limiting access
POTENTIAL RISKS OF ROS
• Abuse worsens
• Collusion
• Exposure
TYPES OF RESTRAINING ORDERS
Domestic Abuse ( 813.12)
Child Abuse (813.122)
Harassment (813.125)
Individuals at Risk (813.123)
Foreign Orders
THE PROCESS
Two hearings
Personal Service
Constructive knowledge
POTENTIAL REMEDIES
Review Injunction Form
http://www.wicourts.gov/forms1/circuit/index.htm
RELATED SOPS
• 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 investigationPhysical, Emotional and/or Sexual AbuseTreatment without consentUnreasonable confinement/restraintFinancial Exploitation NeglectHarassment StalkingMistreatment 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, 414-276-1911
RO Clinic, 414-278-5079
Wisconsin Coalition Against DV
(608) 255-0539, www.wcadv.org