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Stalking Courtwatch Project STALKING COURTWATCH PROJECT REPORT Improving the Effectiveness of Court Processes for Individuals Seeking Stalking Protective Orders Multnomah County Family Violence Coordinating Council JANUARY 2004 Table of Contents Acknowledgements ...................................................................................................................... ii Introduction and Background ......................................................................................................1 Findings .........................................................................................................................................3 Recommendations ........................................................................................................................6 References .....................................................................................................................................9 Appendixes Appendix A: Oregon’s Stalking Protective Order Law ................................................................10 Appendix B: Multnomah County Circuit Court Self-Petition Complaint Form .............................11 Appendix C: Courtwatch Ex Parte Hearing Data Collection Form ..............................................13 Appendix D: Courtwatch Contested (Final) Hearing Data Collection Form.................................16 Appendix E: Restraining Order v. Stalking Protective Order: A Comparison ............................20 Appendix F: Stalking Protective Order .........................................................................................22 Appendix G: Aggregate Data Table..............................................................................................23 Appendix H: Stalking Courtwatch Goals & Objectives..................................................................25 Acknowledgements Many individuals contributed to the development and implementation of the Stalking Courtwatch Project and the analysis included in this report. Their contributions and dedication are greatly appreciated. The Multnomah County Circuit Court, Presiding Judge Dale R. Koch, and all of the Judges and Referees are also acknowledged for their ongoing work to increase victim safety and offender accountability through stalking protective order hearings. Family Violence Coordinating Council Civil Court Subcommittee (Past and Present Members) Jessica Amo Gail Lambert Portland Women’s Crisis Line DA’s Victim Assistance Program Cindy Bidnick Stephen McCrea Multnomah County Circuit Court CASA Supervisor Nancy Cozine Mary McMenamin Metropolitan Public Defender DA’s Victim Assistance Program Services Inc. Martha Strawn Morris Caitlin Glass Department of Community Justice Legal Aid Services of Oregon Tracy Pugliano Multnomah County Office Juvenile Court, Child Abuse Unit Sharon James Laura Scott Family Court Services IRCO Family Law Education Program Maggy Khilnani Theresa Wright Multnomah County Aging Services Lewis and Clark Legal Clinic and Bradley Angle House Hon. Merri Souther Wyatt Multnomah County Circuit Court Judge Volunteers Regina Arata Maggy Khilnani Sarah Ross Heidi Freeman Clare Mamarow Angela Schultz Caitlin Glass Maile McCluskey Andrea Vishveshwara Alison Gregoire Karyn McCreary Staff Annie Neal Multnomah County Dept. of County Human Services, Domestic Violence Coordinator’s Office Multnomah County Circuit Court Judges and Referees Report written by Heather Dominique, MSW and edited by the Family Violence Coordinating Council Civil Court Subcommittee. Introduction & Background STALKING AND STALKING (81%) of women who are stalked by current or PROTECTIVE ORDERS former husbands or cohabitating partners are Stalking protective orders (stalking orders) are also physically assaulted by that partner, and an important civil remedy for individuals who 30% are sexually assaulted by that partner feel their personal safety is threatened due to (Tjaden & Thoennes, 1998). In addition, unwanted, repeated and alarming or coercive stalking behavior is strongly associated with contact from another person. (For more lethal and near-lethal violence against women information regarding the elements required in in intimate partner relationships (McFarlane, Oregon’s stalking order law, see Appendix A). Campbell et al., 1999). Other studies have found that stalkers are much more likely to be To obtain a stalking order in Multnomah physically violent if they have had a prior County, individuals can petition the court either relationship with the victim (Meloy, 1998). through an attorney or pro se (without an attorney). In addition, the stalking Because of the unique order process can be initiated by struggles domestic violence a “stalking citation” issued by a victims face and the law enforcement officer; however, Did you know... relationship between this process is rarely used in 59% of female stalking domestic violence and Multnomah County. The option to stalking, it is important to petition the court pro se increases victims and 30% of understand how the court accessibility to stalking orders for male stalking victims serves domestic violence individuals who might not hire an are stalked by current victims seeking stalking attorney due to the cost. or former intimate orders. However, such individuals lack partners (Tjaden & the benefits that come with legal APPLYING FOR Thoennes, 1998). representation. STALKING PROTECTIVE ORDERS IN MULTNOMAH To address the needs of stalking COUNTY victims and to minimize their trauma and level To apply for a stalking order through the pro se of risk, the court and advocates must assume process, individuals must go to the Multnomah extra responsibility to ensure that the stalking County Courthouse to file a self-petition order process is accessible and effective. This stalking complaint (Appendix B). Once the is made more important for the following complaint is filed, an ex parte hearing is reasons. First, few petitioners have legal scheduled, usually for the following day. If the representation to help them navigate through judge/referee finds that the elements of the the judicial system. Secondly, stalking victims stalking law have been met, given the may feel vulnerable and fearful for their own information provided by the petitioner, the safety, or may mistrust or feel intimidated by judge/referee grants a temporary stalking order the judicial system. Thirdly, victims may have and a required contested hearing is scheduled. cultural or other barriers impeding access. Contested hearings, also called final hearings, Fourthly, stalking victims may also be victims are typically held three weeks after ex parte of domestic or sexual violence. hearings. Multnomah County Circuit Court referees typically preside over hearings on the STALKING AND stalking order docket. Circuit court judges and DOMESTIC VIOLENCE referees may occasionally hear stalking order There is a strong correlation between stalking cases if a petitioner or respondent requests and domestic violence. Eighty-one percent that the case be set over to the civil docket. 1 THE STALKING COURTWATCH PROJECT The Family Violence Coordinating Council’s Volunteers used data collection forms (FVCC) Civil Court Subcommittee began developed by the Subcommittee to record studying stalking issues after hearing information related to each hearing. (See data anecdotally of multiple incidents where stalking collection forms in Appendices C and D). victims were unable to obtain stalking orders. Information was collected on the following The Subcommittee developed a brochure with variables: information about stalking and stalking orders, and initiated the Stalking Courtwatch Project to § demographic information on petitioners examine stalking order court processes and and respondents; outcomes. The goal of the Stalking Courtwatch § presence of attorneys, Project is to increase interpreters, advocates, victim safety and Oregon’s stalking law witnesses and evidence; does not mandate courts offender accountability by § hearing process and identifying opportunities to provide self-petition rulings; for increased effective- complaint forms. The ness in the Multnomah Multnomah County Circuit § information provided by judges/referees to County Circuit Court Court, however, increased system. (See Appendix petitioners and H for a complete listing of access to stalking orders respondents; goals and objectives.) by creating a self-petition stalking complaint. In § dynamics between judges/referees, counties where self-help respondents, and CONDUCTING forms are not available, petitioners; and, THE COURTWATCH individuals must either obtain stalking citations § presentationof evidence The FVCC Civil Court by petitioners and Subcommittee (Sub- from law enforcement respondents. Committee) recruited 11 officials, draft their own volunteers who observed stalking complaint to In order to review stalking order 63 ex parte hearings and hearings in the context of 63 contested hearings petition the court, or obtain the assistance of domestic violence, volunteers from August through conducted a file review using the December 2001. The an attorney. Oregon Judicial Information cases observed at ex Network (OJIN). Volunteers parte hearings were not searched OJIN for related civil necessarily the same cases, such as restraining orders cases observed at 1 and family law cases. contested hearings. Volunteers also searched OJIN for related Volunteers observed ex parte hearings twice criminal cases, such as protective order per week and almost all of the weekly violations,
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