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Domestic Violence May, 2009 A project of the AMERICAN PROBATION AND PAROLE ASSOCIATION In partnership with the NATIONAL CENTER FOR STATE COURTS THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE and the PENNSYLVANIA COALITION AGAINST DOMESTIC VIOLENCE With funding from OFFICE ON VIOLENCE AGAINST WOMEN U.S. DEPARTMENT OF JUSTICE Duissequis at landiametum vullum init prat irilisi. This project was supported by Grant No. 2001-WT-BX-K011 awarded by the Office on Violence Against Women, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily repre sent the official position or poli cies of the U.S. Department of Justice. AUTHORS Ann H. Crowe Project Director American Probation and Parole Association Linda Sydney Senior Research Associate American Probation and Parole Association Matthew DeMichele Research Associate American Probation and Parole Association Susan Keilitz Consultant, National Center for State Courts Contributing Author Connie Neal with Sherry Frohman New York State Coalition Against Domestic Violence with William M. Schaefer, Jr. New York State Office for the Prevention of Domestic Violence and with Mike Thomas Monroe County Probation/Community Corrections (NY) Contributing Authors Acknowledgements The American Probation and Parole Association and its project staff gratefully acknowledge the assis tance of the follow- ing members of the project’s Working Group who provided their time and expertise to contribute to and review this document. The Working Group Members and their employment affiliations at the time of their service are listed below. Professor Bonnie Black Susan Keilitz Saul Schoon Office of Justice Studies Consultant Maricopa County Adult Probation Mesa Community College Williamsburg, VA Domestic Violence Unit Mesa, AZ Mesa, AZ Dr. Andrew Klein Dr. Jacquelyn Campbell Advocates for Human Potential Mike Thomas School of Nursing Sudbury, MA Probation Officer Johns Hopkins University Monroe County Probation/ Baltimore, MD Dr. M. David McGriff Community Corrections The Advocate Program, Inc. Rochester, NY Joan Copperwheat Miami, FL Lane County Parole and Probation George Twiss Eugene, OR Hon. Candace Mosley Pine Ridge, SD National College of District Attorneys Lois Fasnacht University of South Carolina Terri Wurmser Pennsylvania Coalition Against Columbia, SC Director of Programs Domestic Violence House of Ruth Harrisburg, PA Hon. J. Wesley Saint Clair Baltimore, MD Presiding Judge Dr. Anne Ganley King County District Court Seattle, WA Seattle, WA Project staff are grateful for the assistance and guidance of APPA’s Executive Director, Carl Wicklund, during the pro- cess of developing this document. He reviewed each draft and provided helpful feedback for improvements. Project staff also wishes to thank Pat Bancroft, the Project’s Administrative Assistant for her endless hours of formatting this document and her assistance in gathering information for some parts of the document. The Project further wishes to thank the Office on Violence Against Women and the Program Managers who worked with this project for their support and contributions to the project. Program Managers for this Project included: Amit Sen Rachel Jacobson Susan Williams Darla Sims Partner organizations have contributed significantly to this project through their delegated staff represen tatives including: Susan Keilitz Connie Neal Sharon Lopez Brenda Uekert New York State Coalition Against Lois D. Fasnacht Lynn Levey Domestic Violence Pennsylvania Coalition Against National Center for State Courts Domestic Violence Table of Contents FOREWORD ........................................................................................................................................................................................................i Summary of Community Corrections’ Response to Domestic Violence: Guidelines for Practice .................................... iii CHAPTER ONE: What Difference Does It Make?.................................................................................................................................. 1 Missed Opportunities for Justice System Intervention: The Story of Kristin Lardner ............................................ 2 Community Corrections’ Challenging Cases ........................................................................................................................ 5 Lane County, Oregon: Implement ing Domestic Violence Supervision ....................................................................10 CHAPTER TWO: Domestic Violence: Fundamentals for Community Corrections Practice ...............................................14 Types of Domestic Violence .....................................................................................................................................................15 Causes of Domestic Violence ...................................................................................................................................................16 Domestic Violence Perpetrators .............................................................................................................................................19 Domestic Violence Victims .......................................................................................................................................................20 Justice System Responses to Domestic Violence .............................................................................................................22 CHAPTER THREE Legal Issues in the Supervision of Domestic Violence Offenders .............................................................26 Legal Definitions of Domestic Violence ...............................................................................................................................27 Jurisdictional Issues ....................................................................................................................................................................27 Civil Protection Orders ...............................................................................................................................................................30 Federal and State Firearms Laws ............................................................................................................................................32 Conditions of Probation and Pretrial Re lease ....................................................................................................................34 Enforcement and Revocation ..................................................................................................................................................35 Confidentiality ..............................................................................................................................................................................37 Special Issues .................................................................................................................................................................................41 CHAPTER FOUR: Culture and Domestic Violence ............................................................................................................................44 Culture .............................................................................................................................................................................................44 The Intersection of Culture and Domestic Violence ........................................................................................................45 Cultural Sensitivity .......................................................................................................................................................................49 CHAPTER FIVE: Core Goals for Implementing the Guidelines .....................................................................................................52 Goals .................................................................................................................................................................................................52 Autonomy and Empowerment ...............................................................................................................................................53 Practice Principles ........................................................................................................................................................................54 Inadvisable Practices For Domes tic Violence Case Supervision .................................................................................57 CHAPTER SIX: Guidelines for Professionalism and Ethical Practice ...........................................................................................60 CHAPTER SEVEN: Guidelines for Case Investigation .......................................................................................................................80 CHAPTER EIGHT: Guidelines for Community Supervision and Enforcement ..................................................................... 112 CHAPTER NINE: Guidelines for Victim Safety and Autonomy ................................................................................................... 156 CHAPTER TEN: Guidelines for Batterer Intervention Programs ................................................................................................ 182 Exhibits Exhibit 1-A Comparison of Stranger
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