Australian Institute of Judicial Administration In Association With The Australian Institute of Criminology

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1 Australian Institute of Judicial Administration In Association With The Australian Institute of Criminology Family Violence Conference Juvenile Delinquency Domestic Violence and Family Violence Court The Santa Clara County Superior Court Experience

2 Abused Women s Age at the Beginning of the Relationship

3 C W H R S the Chicago Women s Health Risk Study

4 How Old Were the Women who were Killed or who Killed their Partner When they Began their Relationship with that Partner?

5 Woman's Age at Beginning of the Relationship, by the Type of Homicide Woman's age at beginning of relationship, recoded Total 12 to Type of Homicide man victim, woman victim, woman same-sex, man offender offender women Total % 8.0% 8.2% % 12.0% 23.3% % 24.0% 100.0% 16.4% % 16.0% 16.4% % 12.0% 16.4% % 12.0% 9.6% % 16.0% 9.6% % 100.0% 100.0% 100.0%

6 Woman Killed by Men: Her age at beginning of relationship, by the length of the relationship Woman's age at beginning of relationship, recoded Total 12 to one year or less length of relationship, recoded 13 months five to nine ten years to four years years or longer Total % 12.5% 25.0% 8.5% % 12.5% 25.0% 29.8% % 12.0% 12.5% 10.6% % 4.0% 25.0% 37.5% 17.0% % 25.0% 19.1% % 4.0% 12.5% 8.5% % 4.0% 12.5% 6.4% % 100.0% 100.0% 100.0% 100.0%

7 How Old Were the Women who had Experienced Physical Violence in the Past year, When they Began their Relationship with the Abusive Partner?

8

9 Woman's age at start of relationship with abuser, by the length of relationship her age at start of relationship, recoded Total and older one year or less length of relationship, to initial interview 13 months five to nine ten years to four years years or longer Total % 10.9% 14.9% 12.5% % 22.1% 26.6% 40.4% 27.4% % 16.0% 17.2% 27.7% 17.1% % 18.3% 25.0% 7.4% 18.1% % 11.4% 14.1% 4.3% 11.3% % 10.6% 4.7% 4.3% 8.9% % 6.1% 1.6% 1.1% 4.8% % 100.0% 100.0% 100.0% 100.0%

10 For more information about the Chicago Women s Health Risk Study, please contact: Carolyn Rebecca Block Illinois Criminal Justice Information Authority 120 South Riverside Plaza Chicago, IL FAX: bblock@icjia.state.il.us

11 Definition of Terms Domestic Violence is abuse perpetrated by a youth against a person with whom he/she has or had a dating or intimate relationship. Family Violence is abuse perpetrated by a youth against a parent, sibling, and/or family member.

12 Why a Juvenile DV/FV Court? Protect victims Specialization promotes a coordinated community response Increase community awareness - dispel belief that juvenile DV/FV doesn t exist or isn t serious

13 Goals of the Juvenile DV/FV Court: Victim and community safety Stop the violence Uphold the legislative intent that domestic and family violence are serious crimes Victim advocacy Offender accountability and rehabilitation Training: Probation officers, juvenile hall and ranch staff, district attorneys, public defenders, and court personnel complete specialized training

14 History of the Court: Build It, They Will Come! Probation Department established first specialized domestic violence caseload in the state and developed DV protocols Half-time probation officer position established to work with family violence offenders. April, Juvenile Delinquency Domestic and Family Violence Court begins. Cases so designated are placed on calendar in this specialized court.

15 History of the Court October, Full-time probation officer position established for family violence cases. November, 1999 Probation protocols revised to include family violence and procedures related to new DV/FV Court. All juvenile probation officers trained in the protocols.

16 Juvenile DV/FV Offenders: A Snapshot Domestic Violence: 86% males, 14% females Most female offenders intent for violence not part of typical pattern of battering Majority of offenders 16 years + Over 50% have children with the victim Same control tactics as adult offenders

17 TEEN POWER AND CONTROL WHEEL

18 A Snapshot Family Violence: 54% males, 46% females Offenders slightly younger than DV offenders Approximately 50% of female offenders and 10% of male offenders are diagnosed with severe mental health issues Many of male offenders direct violence at mother, who is already a DV victim

19 JUVENILE DV/FV COURT Overview Early identification of all DV/FV cases Specialized Juvenile Probation caseloads Advocacy for victims Extensive investigation and intensive supervision of offenders Training in: applicable case law, statutory updates and best practices for case management

20 Overview Specialized Juvenile Court Reviews A Specialized Calendar, usually a morning or afternoon session, is devoted solely to Domestic and Family Violence cases. Collaboration amongst all involved agencies

21 Referral Process Santa Clara County Law Enforcement Domestic Violence Protocols require officers to arrest juvenile offenders, not cite and release them. Domestic and Family Violence offenders admitted into Juvenile Hall are considered high risk and DV offenders are not released.

22 Referral Process Juvenile Hall Screening Officer refers all minors arrested for a DV/FV offense to the specialized probation unit for review. DV/FV Probation unit assesses case for assignment to specialized caseloads, if space is available.

23 Referral Process The District Attorney issues a petition and the case is calendared in the DV/FV Court for a Detention Hearing. If no space is available within the specialized caseloads, the case is still calendared in the DV/FV Court and the DV/FV Probation protocols still apply.

24 Probation Investigation Procedures Victim Notification Notification of the offender s custody status, the charges, pending Court hearings. Victim Information Obtain statements regarding: Concerns/fears Current incident and past abuse Offender s use of alcohol/drugs Use/possession of weapons Wishes for disposition

25 Investigation Procedures. Victim Advocacy Information of DV victims provided to DV advocacy agencies, pursuant to Standing Court Order, that provide free and confidential: Support groups Legal advocacy Paternity Determination Custody/Visitation/Support Orders Shelter Crisis Intervention

26 SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA JUVENILE DEVISION ORDER The Court finds that the Support Network for Battered Women (SNBW) and Legal Advocates for Children and Youth (LACY) and individuals under their direction provide important support to children and families who have been exposed to violence. The Court further finds that violence has occurred in all cases which appear on the Juvenile Domestic and Family Violence Court calendars. The Court has weighed the confidentiality interest possessed by children and families who have been exposed to violence with the benefits offered by the representatives of these agencies and finds that the benefits outweigh the confidentiality interest with regards to a limited release of information. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the County Clerk s Office and the Santa Clara County Juvenile Probation Department provide the SNBW and LACY and their representatives access to victim and family information relating to minors under investigation by and supervision of the juvenile delinquency Domestic and Family Violence Court. Such information shall me limited to the minor s name and petition number, the name of the victim or victims, any telephone numbers or other means of contacting any victim, and a summary of the facts of the allegations. SNBW and LACY shall utilize this information exclusively in their role in providing support and services to the child and other victims in these cases. Under no circumstances shall this information be used for any other purpose, nor shall it be disseminated to persons outside of the Juvenile Domestic and Family Violence Court system. Thomas C. Edwards Eugene M. Hyman Judge of the Superior Court Presiding Judge, Juvenile Court Date: Feb 17, 2000 Judge of the Superior Court

27 Investigation Procedures. Criminal History Check Criminal history check of offender s parents/guardians and other family members for Court report. Restraining Order Check A check of the statewide registry for any current restraining orders against the offender and/or his/her family.

28 Investigation Procedures Crime Analysis Review of all reported incidents and calls for service to include info only which the referring law enforcement agency has on record for inclusion in Court report. Child Abuse/Neglect Information Relevant history from the Department of Family and Child Services regarding the offender and his/her family

29 Standard DV/FV Recommendations Juvenile Delinquency Protective Orders Batterers Intervention Program Frequent Parte Review Hearings Incarceration in Juvenile Hall/Juvenile Rehabilitation Facility (Ranch)/California Youth Authority Parenting without Violence Classes - if the youth has a child Restitution

30 Recommendations No weapons Search and seizure Chemical testing Substance Abuse Counseling/Education Curfew School/employment/vocational training Fines/fees Gang orders (if applicable) Graffiti orders (if applicable) Psychological and/or family counseling

31 The DV/FV Court Clear message regarding the Court s intolerance for violent/abusive behavior Immediate sanctions for non-compliance with Court Orders cases/week (Parte Reviews, jurisdiction, disposition), one afternoon a week Detention Hearings held any day, trials are set when court time is available

32 The DV/FV Court: Typical Orders Protective Orders: entered into statewide registry Teen batterers interventions programs and other rehabilitative programs Parte reviews every 30 to 90 days

33 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 North First St. San Jose, California Juvenile Delinquency Division 1. Good Cause Appearing, the Court Orders: that the above named minor; male female Ht.: Wt.: Hair Color: Eye Color: Race: Age: DOB: a. Shall not annoy, harass, strike, threaten, sexually assault, batter, or otherwise disturb the peace of the protected persons named below b. Shall not attempt to or actually prevent or dissuade any victim or witness form attending a hearing, testifying or making a report to any law enforcement agency or person. c. Shall have no personal, telephonic, electronic or written contact with the protected persons named below. d. Shall have no contact with the protected persons named below through a third party, except an attorney of record. e. Shall not come within yards of the protected persons named below. f. Shall have no contact with the protected person named below without written permission of the Probation Officer. 2. NAMES OF PROTECTED PERSON (S): 3. Other orders (specify): 4. a. The restrained person named above as a minor was served on b. The restrained person named above as the minor is present in court and is informed of this order and is personally served with a copy. (Time Served) 5. This order continues in effect during the time the minor is under the jurisdiction of the court (including any probationary period.) This order will expire on (Date). Date: JUDICIAL OFFICER Department

34 Probation Supervision Procedures Victim Advocacy Explanation of Probation s role to enforce Court Orders and the law Maintain continuous contact with the victim Explain conditions of probation Assistance in filing victims of crime claims with Victim/Witness Collect restitution

35 Victim Advocacy Explain and enforce Protective Order Purpose of the order is protection The order does not prohibit any action by victim The order can only be modified by the Court Safety Planning Warn the victim that safety is not guaranteed just because the offender is under supervision or in an intervention program Encourage a safety plan Service of Civil Restraining Order

36 Offender Supervision Intensive supervision including: Strict enforcement of Protective Order Frequent reports from batterers intervention programs Unannounced home/school/work visits Random searches, testing Referrals to rehabilitative, educational and vocational services

37 INTERAGENCY COLLABORATION Monthly meetings with involved agencies: Court Administration Probation Victim Advocacy Agencies Law enforcement District Attorney s Office Public Defender s Office Juvenile Hall and Ranch Batterer Intervention and Mental Health Providers San Jose State University evaluators Development of intra-and inter-agency protocols Discussion and resolution of issues and problems

38 The Next Frontier: Coordinated Community Response A True Community Response Schools, Medical, Faith Communities, Law Enforcement, Victim Advocates, Colleges, Businesses and Government

39 Resources Home Page for the Santa Clara County Domestic Violence Council Handbook for Survivors of Domestic Violence Santa Clara County Probation Department Prevention Best Practices Guide Santa Clara County Social Services Agency Standards for Intervention Programs, Santa Clara County Probation Department Protocols for Law Enforcement, Health Care Providers, Housing Opportunities, and Workplace Violence Prevention: A Guide for Employees Author: Employee Services Agency of County of Santa Clara

40 The Santa Clara County Juvenile Delinquency Domestic and Family Violence Program received support from the Office of Criminal Justice Planning, Juvenile Justice and Delinquent Prevention Grant # JV

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