DV Laws: Time for a "holistic approach" to law (Columbus, Ohio)

Part 4 of a series in the Columbus [Ohio] Dispatch. The series is entitled Domestic Silence: The Truth about Abuse in Ohio. Other articles in the series are also posted here.

http://www.dispatch.com/live/content/local_news/stories/2009/11/18/DV_Successes.ART_ART_11-18-09_A1_EEFN8O1.html

Dispatch Investigation
Time for change
Lawmakers call for holistic approach to domestic-violence laws; other states offer solutions
Wednesday, November 18, 2009 3:15 AM
By Jill Riepenhoff, Mike Wagner and Stephanie Czekalinski

THE COLUMBUS DISPATCH

A four-month Dispatch investigation shows flaws in Ohio laws and policies that create a culture of indifference and tolerance.

The beatings ignored for years by much of society have the attention of Ohio's top lawmakers, who pledge cooperation in pursuit of ways to curb domestic violence.

Senate President Bill M. Harris said he was "alarmed" by the findings of a Dispatch investigation that show tolerance and indifference to a crime with profound effects on society.

"This is a complex problem with no easy answers," said the Ashland Republican. "I am committed to opening a dialogue with experts, advocates and legislators on any constructive ideas to better protect Ohio victims of domestic violence."

No state has found the perfect mix of laws and policies to adequately punish abusers and protect victims of domestic violence. But there are models of success -- innovative approaches to addressing a long-standing societal issue.

Those most involved with the problem in Ohio say the state's laws, while not the worst, pale in comparison to those in some other states.

For example, at least nine states say that domestic violence can be a felony charge on the first offense. Ohio does not allow for a felony on the first offense.

Ohio House Speaker Armond Budish, D-Beachwood, said he would be open to taking a holistic approach to fixing flaws in state law regarding domestic violence.

"We need to do more to protect victims of domestic violence," Budish said. "We should be looking at whether there are adequate penalties for repeat offenders. Clearly, there comes a time when a repeat offender needs to be punished more severely than a slap on the wrist."

Budish said he also supports two existing bills in the Ohio legislature that would provide protections for teenagers and other victims.

The best way to break the cycle, experts say, is an overall approach in which the needs of victims, children, police, prosecutors, judges, batterers, advocates and society as a whole are met.

"You have to take domestic violence seriously as a crime," said Abigail Wexner, founder of the Columbus Coalition Against Family Violence. "People can't get away with beating or threatening a stranger; they shouldn't be able to get away with doing it to someone in their home."

Advocates say possible solutions are plentiful and as easy as adopting laws, policies and programs in place in some Ohio counties and in other states. Here are examples for those who have to deal with the issue most often:

Police
Advocates say police officers need more training in collecting evidence of domestic violence. In many cases, victims refuse to testify against their batterers, leaving prosecutors to rely exclusively on evidence provided by police.

Police need to take detailed witness statements and photos of injuries and damage, and talk to children in the home -- to work the cases like homicides, in which victims can't speak for themselves, prosecutors say.

But that doesn't always happen in Ohio.

Advocates hope that more training will strengthen domestic-violence cases and allow for prosecution even when a victim retreats.

On Friday, the Columbus Coalition Against Family Violence will release an online training resource for law-enforcement officers across the state.

"The goal is that the legal system works as best as it can for domestic-violence victims," said Kristi Timbrook, the coalition's legal task force director. That means "that we have more convictions and stricter penalties for abusers."

Judges
A convicted abuser told a judge that he skipped a mandatory intervention program because his mom died.

"I'm so sorry," the judge said, then paused for a second. "But didn't your mom die in 1997?"

The man bowed his head and simply said "oops."

It's tough for batterers to get away with much before Judge Elizabeth Hines or any of the other Ann Arbor, Mich., district-court judges who handle misdemeanor domestic-violence cases.

More than a decade ago, Hines began holding judicial-review hearings with convicted batterers. These meetings, typically held every 30 to 90 days, force the abusers to prove they are complying with their probation, attending batterer-intervention programs and not abusing their victims.

The oversight allows Hines to know when an offender is lying, because Ann Arbor judges maintain control over the batterers they sentence for months, if not years.

"It's homicide prevention. I think we have saved lives," Hines said. "If we do our jobs the right way, they won't keep coming back to our courtrooms."

The hearings are typically attended by the judge, offender, prosecutor, defense attorney, domestic-violence probation officer, victims advocates and, if they choose to attend, the victims.

Hines said the trickiest part is determining exactly what is happening in the home between review hearings. This puts more emphasis on probation officers staying involved with victims and determining whether they are safe.

If the offender violates the terms of probation or is convicted again of domestic violence, he can face a stiff jail sentence. If abusers fail drug tests or skip counseling sessions, the judge can add more penalties.

While Hines can't give an exact number, she said the program has led to a significant drop in repeat offenses.

"We judges believe we need to be responsible for our orders," Hines said. "When you have a whole system saying violence won't be tolerated, it works so much better."

Offenders
To the people combating domestic violence in Georgia, anger management is almost a dirty term.

"Talking about domestic violence in terms of anger management is off base," said Kirsten Rambo, executive director of the Georgia Commission on Family Violence. "Domestic violence is about power and control, and we want these (abusers) to understand they are choosing this pattern of behavior. It's far different from road rage or a bar-room brawl."

Treating a batterer for an anger problem is like treating a rapist for sexual deviance. But many judges, including those in Ohio, send abusers to anger counseling.

In 2001, Georgia passed a law requiring anyone convicted of domestic violence or who has been served with a restraining order to enroll in a 24-week program.

Georgia is one of at least 16 states that require batterer-intervention counseling. Ohio is not among them.

In Georgia, batterer counseling is offered at 146 locations statewide. The two-hour classes are taught by professional counselors who focus on personal accountability for offenders, helping them understand their abusive behavior and its effect on their partners and families.

The program cost is covered by the offenders, who pay between $25 and $50 per session.

Rambo said that any state or community serious about reducing domestic violence needs programs for batterers.

"You are never going to end it if you just focus on the victim," Rambo said. "There needs to be accountability for the people committing the violence."

Victims
Society wants victims of domestic violence to leave their abusers, but many can't do that if they can't find a job or a place to live.

Advocates say that some Ohio employers and landlords are quick to fire or evict victims of domestic violence. They fear that batterers will harass victims at work, put other employees at risk or damage rental properties.

The National Law Center on Homelessness and Poverty says about 28 percent of victims' housing denials were because of the violence they had suffered. The center considers domestic violence a primary cause of homelessness.

In May, a bill was introduced in the Ohio House that would prevent victims of domestic violence from being evicted or fired.

It also would allow victims to have locks changed at rental properties and end leases early. And it would pave the way for victims to take unpaid time off for medical care, court hearings and legal counseling.

The bill is under review.

At least 29 states have housing-protection laws for victims of domestic and sexual violence.

Teenagers
With dating abuse a growing threat to teenagers in Ohio, lawmakers should consider ways to keep them safe, advocates say.

Two bills pending in the General Assembly could provide those protections.

One would allow minors to request civil-protection orders against boyfriends or girlfriends who are menacing, trespassing or who commit assault or a sexually-orientated offense.

At least 21 states, including Michigan, Indiana and Illinois, allow teen victims of dating violence to seek restraining orders.

"I don't think feeling in fear for your safety or threatened or in danger is something that only adults can feel," said Kerry Hyatt Blomquist, legal director of the Indiana Coalition Against Domestic Violence.

A second bill would make education about teen-dating violence mandatory for middle- and high-school students as part of health-education curriculum.

The bill came in response to the death of 18-year-old Tina Croucher, who was killed by an abusive boyfriend. After her slaying, her parents, Jim and Elsa, developed a program to help teens recognize dangerous relationships and foster good ones.

"They don't know what they're doing is not right," said Elsa Croucher, of Butler County.

The couple has been teaching the course at schools in southwestern Ohio for 14 years.

Ohio State University assistant professor Kenneth Steinman said that research proves that school-based programs have led to reduced teen drug abuse, smoking, drunken driving and pregnancy.

"If dating violence is as common and consequential as other threats to teens' well being, we owe them no less," Steinman said.

Society
A critical step in curbing domestic violence is to stop it before it's fatal. At least 20 states have created domestic-violence fatality review boards to dissect homicide cases and identify potential system failures.

Ohio does not require them, yet Montgomery County and a handful of other counties have such boards. Franklin County is not among them.

"Montgomery County tries really hard to be cutting-edge," said Susan Gottschalk, director of the family violence collaborative at the Artemis Center in Dayton.

Since 2001, Ohio counties have been required by lawmakers to review all child deaths -- a process that has helped address spikes in drug overdoses, car crashes and other dangers.

Reviews of domestic-violence deaths in the Dayton area have led to many improvements, including a real-time database of jail incarcerations that is updated every 30 minutes.

"A victim can find out if it's safe to go home and get her stuff," Gottschalk said.

The review of Montgomery County's 2008 domestic-violence deaths led to a recommendation that the county find a place to house public drunks with histories of abuse. The review found that police had escorted home one man who had passed out behind his house. He killed his wife later that night.

"The whole point is to identify red flags," Gottschalk said.