Model Domestic Violence Protocol for Law Enforcement, Prosecution, and the Judiciary Domestic Violence Training and Curriculum Task Force Illinois Criminal Justice and Information Authority i This project was supported by Grant # 2002-WF-BX-0021, awarded by the Office on Violence Against Women, Office of Justice Programs, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, or the Illinois Criminal Justice Information Authority. Printed by authority of the State of Illinois, December 2007. Printing order #08-050. 750 copies. i Domestic Violence Training and Curriculum Task Force Task Force for 2007 Edition LORI G. LEVIN BRIDGET HEALY RYAN Illinois Criminal Justice Information Authority Cook County State’s Attorney’s Office Executive Director & Task Force Chairperson Assistant State’s Attorney ADRIANA PEREZ CHERYL HOWARD Illinois Criminal Justice Information Authority Illinois Coalition Against Domestic Violence Criminal Analyst Executive Director SEAN O’BRIEN SCOTT LARSON Illinois Criminal Justice Information Authority Kane County State’s Attorney’s Office Associate General Counsel Assistant State’s Attorney VERNIE BEORKREM LESLIE LANDIS Illinois Family Violence Coordinating Councils Mayor’s Office on Domestic Violence Manager Director DENISE MARKHAM LAURA BEASLEY Life Span Executive Director St. Clair County State’s Attorney’s Office Assistant State’s Attorney RAE LYNN McCormick Peoria County Family Justice Center CHIEF DAVID P. BRADFORD Glen Carbon Police Department Chief HONORABLE CHARLES REYNARD 11th Judicial Circuit Judge HONORABLE GLORIA COCO Circuit Court of Cook County HONORABLE GENE SCHWARM 1st Municipal District Domestic Violence Division 4th Judicial Circuit Chief Judge Supervising Judge JENNIFER WELCH HONORABLE BARBARA CROWDER Office of the Attorney General Third Judicial Circuit Judge Women’s Policy Director Co-Chair, Third Circuit Family Violence Prevention Council DR. APARNA SEN Apna Ghar, Inc. SHERIFF DAN DALY Executive Director Fulton County Sheriff SERGEANT ROBERT SGAMBELLURI HEATHER DORSEY Illinois State Police Sergeant Illinois Family Violence Coordinating Councils Senior State Council Coordinator DR. CAROLE WARSHAW Domestic Violence and Mental Health Policy BARBARA ENGEL Initiative Executive Director Illinois Criminal Justice and Information Authority Board Member JOY WRIGHT Wright Solutions JOYCE GALLAGHER Consultant to the Project Chicago Department on Aging Commissioner ii Task Force for the 1996 Edition SHERIFF STEVE ALLENDORF NORBERT J. GOETTEN Jo Daviess County Office of the State Attorneys Appellate Prosecutor DAWN R. BUSICK Illinois Law Enforcement Training and CANDICE KANE Standards Board Illinois Criminal Justice Information Authority Task Force Chairperson CAROL CORGAN Illinois Coalition Against Sexual Assault CHIEF JOHN MILLNER Elmhurst Law Enforcement Department CORINNE DAVIS-CORR Office of the State’s Attorney’s Appellate KATHLEEN QUINN Prosecutor Illinois Department on Aging JANICE DIGIROLAMO BARBARA SHAW Administrative Office of the Illinois Supreme Illinois Council on the Prevention of Violence Court VICKIE SMITH RONALD ELLIS Illinois Coalition Against Domestic Violence Illinois State Law enforcement Academy LAURA TUCKER CHRISTINE P. FRANKLIN Office of the Attorney General Illinois Department of Children and Family Services CASS VAN DER MEER Possibilities iii Reminder: All of the statutes, cases and other legal materials that are cited in this protocol are current as of the date it was sent to the publisher. v Illinois Model Domestic Violence Protocol for Law Enforcement, State’s Attorney and the Judiciary Table of Contents Chapter 1: Introduction Chapter 2: Law Enforcement Component Chapter 3: State’s Attorney Component Chapter 4: Judicial Component Appendices vi Chapter 1 Introduction - 0 - Chapter 1: Introduction Table of Contents I. Background …………………………………………………………………………. 1 II. Goals and intentions ………………………………………………………………... 2 III. Guiding principles ………………………………………………………………….. 3 IV. Statement of the problem …………………………………………………………… 4 V. Pattern of abuse …………………………………………………………………….. 7 VI. Victim of domestic violence ……………………………………………………….. 15 VII. Cultural competency regarding protected persons …………………………………. 20 VIII. Legal response ……………………………………………………………………… 24 IX. Definitions ………………………………………………………………………….. 28 Attachment A: Domestic violence personalized safety plan ……………………….. 37 Attachment B: Domestic violence personalized safety plan for stalking …………... 38 - 0 - I. Background The epidemic of domestic violence across Illinois, has required the state to act to create safety for victims and accountability for abusers. It is the belief of all involved in this protocol that with a coordinated and consistent approach we can bring about a reduction in family violence across our state. Over the past two decades Illinois has made remarkable strides in addressing this crisis. Model legislation has been passed and updated, policies and protocols have been created, and unsurpassable coordination efforts have been organized. These efforts have brought us a long way on our journey toward safety and accountability. It is our hope that this updated protocol will take us one step closer to ending domestic violence. Recognizing that coordinated intervention by the justice system is a significant factor in reducing domestic violence, in 1993 the legislature created the Task Force on Domestic Violence Training and Curricula to develop model protocols and training curricula for law enforcement, prosecutors, and judges. Task force appointees represented a variety of agencies with an interest in the justice system’s response to domestic violence. They met monthly to conduct research and create the protocols and training curricula. Some meetings featured guest presentations specific to particular issues. Task force committees and individual members drafted materials, attended law enforcement trainings, consulted specialists in various parts of the criminal justice system, and presented drafts to statewide criminal justice associations. Drafts of the protocol were circulated to more than 1,000 police chiefs, sheriffs, prosecutors, chief judges, victim advocates, and service providers. Comments were reviewed and incorporated into the final document. The Illinois Model Domestic Violence Protocol for Law Enforcement, Prosecution, and Judiciary was originally published in fall 1996. Since then there has been new research and other information on the criminal justice response to domestic violence, as well as the enactment of new legislation. Thus, it became pertinent to the fulfillment of the Illinois Criminal Justice Information Authority’s mission, as well as to the functioning of law enforcement, prosecution, and the judiciary across the state, that the protocol be fully updated to include the latest research findings, knowledge in the field, and related Illinois legislation. In September 2004, ICJIA convened a group of law enforcement, prosecutors, judges and service providers from across Illinois to start the process of updating the Illinois Model Domestic Violence Protocol for Law Enforcement, Prosecution, and Judiciary. Again, meetings were held, suggestions for updates made, and new research was gathered. In 2005, a consultant was brought on to coordinate the accumulation of updated research findings and best practice information and streamline the drafting of a new protocol. Drafts of the newly revised protocol were circulated around the state to law enforcement professionals, prosecutors, judges, and victim advocates whose suggestions and feedback were incorporated into the final document. The task force acknowledges that it is not possible to create blanket policies for the varied communities across the state. This protocol is intended to serve as a solid foundation of best practices upon which local communities can build local protocols that take into account local - 1 - needs, resources, and systems. The task force recommends taking into account the uniqueness of issues, needs and resources within each community when creating local protocols. This document is organized into chapters. The Background chapter includes this Introduction, Goals and Intentions, Guiding Principles, and Statement of the Problem, which set the foundation upon which the policy recommendations within this protocol are based. The three professional components of the protocol, Law Enforcement Component, State’s Attorney Component, and Judicial Component, follow. Each component contains attachments specific to its profession. Finally, the Appendices include materials relevant to all three components, including a bibliography, and a myth/fact sheet. II. Goals and intentions The intentions of this protocol are to: A. Promote model policies and procedures for responding to domestic violence. 1. The Illinois Domestic Violence Act requires all law enforcement agencies to develop and implement written policies regarding domestic violence incident arrest procedures. Written policies also aid prosecution and the judiciary. 2. When developing these policies, law enforcement agencies, prosecutor’s offices and the judiciary should consult with community organizations and other law enforcement agencies, prosecutor offices and judiciary branches with expertise in recognizing and handling domestic violence incidents.