Number of protective orders doubled in Rowan County over past decade

Some really good advice here; get a safety plan together before leaving a domestic violence situation and filing for a protective order.  Let’s face it, an abuser receiving this information is going to get pissed, and that’s bad news for a domestic violence victim.  A protective order does not stop a bullet, does not stop a stabbing, does not stop an abuser from stalking/harassing a victim, or wheedling their way through being able to do whatever they can without getting locked up.  This is where it is very important that the Victim plays a huge roll in their own protection.  Only the victim knows the abuser well enough to know what steps need to be taken to stay safe, and talking it through with a domestic violence advocate just could save their lives.

I do have to say one thing about it being said that victims don’t go to court because they don’t want to air out what’s going on in front of the judge and an audience of people.  This may be true to some extent, yet I feel that more so Victims have been so demoralized that they aren’t sure they’ll be listened too, or start thinking that what’s going on just isn’t bad enough to say to a judge or go through a court hearing.  That and the fear of all of this goes with this, and this is why it’s so important for Domestic Violence Advocates to work with the victims and help them through the court process.  This is a very scary and traumatizing time for a victim, although it is widely looked at as something simple or easy to do.

Sunday, February 26, 2012

By Nathan Hardin

nhardin@salisburypost.com

Nearly 600 Rowan County women filed for domestic violence protections orders in 2011, telling judges they feared for their lives and the lives of their children.

The number of protective orders doubled over the last 10 years, according to the Rowan County Sheriff’s Office.

So did the number of reported female assaults.

Trina Baldwin, court advocate for the Family Crisis Council of Rowan County, said filing 50-Bs “depends on the situation.”

“Just as leaving an abuser can escalate the danger for a victim, so can filing a protective order,” Baldwin said. “If a person is not sure what is the best method of seeking help, then they should contact a domestic violence agency for advocacy, counseling and support.”

Domestic violence victims can fill out 50-B forms for free at the courthouse. Unlike some other counties in the state, protective orders cannot be filed at the Magistrate’s Office and have to be submitted during the week in the civil clerk of court’s office.

Baldwin said victims looking to file protective orders should create safety plans first because leaving domestic violence situations is dangerous.

Kesha Bennette, a domestic violence clerk at the Rowan County courthouse, said photos, text or Facebook messages or recordings can help victims obtain a 50-B.

“It’s just a burden of proof,” she said.

But Bennette said some victims don’t go through with restraining orders when they find out a court appearance is necessary.

“They actually have to come to court to get it,” Bennette said. “A lot of people don’t like having to air out what happened to the judge in front of an audience full of people,” Bennette said.

Victims can contact the Family Crisis Council of Rowan County for help filling out 50-B requests at the courthouse. Contact the 24-hour crisis line at 704-636-4718.

Original Article

Externships link Arkansas law students, women

What a wonderful program!  Kudos for those doing this, it is very much needed!

They’re right, women are many times more then overwhelmed when attempting to navigate the court system.  So often they are not mentally capable of doing so, their mind being in such fragments from the abuse, the change, it’s as if their system goes into shock.  So often this stops women from going to court against their abuser, not to mention the fear factor involved and at times the financial issues.  Women really need someone to fully guide them through, to support them through the process.  People that understand that it isn’t going to be easy on them, and that more time may be involved to help a victim through the process then it would someone whose world hasn’t been torn apart.  Include self esteem issues, many women come out of abusive situations with the mind set that they can’t do anything correct and couldn’t possibly go against their abuser in court.

I’ve heard other programs such as this, and it’s great to see yet another program starting up to help women through the court process.  I hope to see more of them in the future!

Externships link Arkansas law students, women

Feb 26, 2012 3:00am

LITTLE ROCK, Ark. (AP) — Victims of domestic violence are often overwhelmed navigating the court system while tending to all the details as they try to rebuild their lives, say those working on their behalf.

Hiring an attorney is also a financial hurdle for a woman escaping abuse, so a new program between the University of Arkansas and the Donald W. Reynolds Peace at Home Family Shelter provides legal assistance to domestic violence victims.

Samantha Leflar, a licensed attorney overseeing the program, hopes it will allow her to assist more victims from Peace at Home, which serves only women.

Leflar also hopes UA law students, known as fellows under the program, will find solutions that will help her clients and all victims of domestic violence, she said.

"They're really motivated and excited," Leflar said of the students. "Putting that human face on it gives you a reason to get up in the morning. You're actually providing a tangible benefit to somebody's life who needs your help."

Leflar, a 2010 UA law graduate, said the program is the brainchild of Susan Schell, director of career services at the law school.

Schell volunteers at Peace at Home, and she saw the "externship" program as a way to connect to law school students interested in public service and providing free legal services for women at the shelter.

The pieces for the externship program came together after Leflar secured a two-year Skadden Fellowship that focused on domestic violence.

That means Leflar could be the licensed attorney needed to supervise the students, Schell said. Then the UA Women's Giving Circle awarded the program a $10,000 grant that allows law students to earn $1,000 to $3,000 while assisting Peace at Home clients.

One law student is selected as a fellow each semester.

"Everything came together at the right time," Schell said.

Domestic violence victims can represent themselves in pursuing an order of protection, but they are at a disadvantage if the abuser has an attorney, said Jayne Ann Kita, executive director of the Arkansas Coalition Against Domestic Violence.

Hiring an attorney is a financial burden for a woman in that situation, she said. Women receive assistance from attorneys who sometimes offer free services, she said.

There are also free legal aid organizations, such as Legal Aid of Arkansas, but those firms often struggle with funding, Kita said.

"The shelters are struggling with basic needs," Kita said. "They would love to be able to pay for attorneys."

Leflar's fellowship allows her to provide direct legal representation to victims of domestic violence. Also a staff attorney for Legal Aid of Arkansas, she said she is interested in helping victims combat financial dependence that can lead them back to living with their abusers.

Common legal issues for domestic violence victims involve orders of protection, child custody and divorce, Leflar said. She's also given legal advice on their rights and protections in the law and counseled clients on credit and housing issues.

"There's a lot of room for helping with interviewing victims and seeing what they need and backing that up with legal research," Leflar said.

Legal concerns go beyond what the law provides, Leflar said.

Victims weigh whether protection orders will make their situation more volatile, or the legal impact on their children and whether they need to hide to prevent further harm, she said.

The externship program has given her the ability to take on a few more individual cases, Leflar said. With the assistance of the fellows, Leflar can consider how laws could be changed to improve the protection of domestic violence victims, she said.

Once the fellows are trained, Leflar anticipates being able to interview up to 15 clients a day, up from the five she can handle alone, she said.

The externship program gave current fellow Whitney Wayne, a second-year law student from Blanco, Texas, an opportunity to explore her interest in women's issues, she said. So far, she has gone to the shelter to interview clients with Leflar a couple of times.

"It was kind of sobering," Wayne said. "It's surreal until you meet real people in the community. They come in and talk about their issues with us."

Wayne has drafted protection orders and other documents to send to the court, she said. She's enjoyed interacting with clients and getting to know them.

Molly Magee, the first fellow who started in December, is a second-year law student from Conway with an interest in legal research and writing, she said. Her fellowship is overlapping with Wayne's.

She has studied the Arkansas Domestic Abuse Act, similar laws in other states and how courts have interpreted those laws. The experience has given Magee an interest in learning about other groups who need further protections, she said.

"It's something that somebody has to do," Magee said. "It's something I feel like I can contribute. The clients (Leflar) has now and clients in the future in similar situations will be affected by the work that I've done."

Family law cases make up about 60 percent of the volume of cases for the Legal Aid of Arkansas regional office in Fayetteville, said Marshall Prettyman, director of litigation.

"Almost all the family law we do is domestic violence related," Prettyman said.

It's a rare week that the office does not have two or three cases related to domestic violence, Prettyman said. Despite cuts in funding from the state and federal government, Legal Aid of Arkansas has avoided reducing services for domestic violence victims, he said.

"Domestic violence has always been one of our high priorities as far as cases to handle," Prettyman said.

Working with victims of domestic violence, though, requires more than assistance with legal procedures and court filings, Prettyman said.

Legal Aid of Arkansas's Fayetteville office follows a holistic approach in assisting victims of domestic violence, so the victims are able to be on their own and safe and less likely to return to an abuser.

"That always eventually saves lives," he said.

Original Content

Unprecedented US survey tracks scope of stalking

When I saw this article, I knew that I had to share it and put it up.  Unfortunately, we know too many women that are being stalked right now, fearing for their lives and that of their children.  Not from strangers, not from love sick sicko's, but ex-boyfriends and ex-husbands that they once loved and lived with, and for many, had children with.

When talking to a victim of stalking, the first thing that you hear is their fear.  They are terrified of their stalker, they don't know what the stalker will do next, and not sure what they are capable of.  The fact that stalkers mainly come and go, leaving just enough evidence behind to let the victim know that they were there, makes it hard for victims to get the help that they need.  Other times, they will do it blatantly in day light, but because the victim has no proof that the stalker was on their property or down the road watching, they still don't get the help that they need.  Many courts have told the victims that until they are hurt, or they have proof, nothing can be done.

The second thing you hear from a victim is anger.  Anger at the courts and the system that is supposed to be set up to protect them.  Anger that call after call is ignored, that time after time they are told that nothing can be done, meanwhile the stalkers get more bold because they are continuing to get away with their actions.  As we've been told many times, a piece of paper does NOT protect you, doesn't stop a bullet.

The next segment I know was later on in the article, but wanted to bring this up first.

"While individually these acts may not be criminal, collectively and repetitively these behaviors may cause a victim to fear for his or her safety or the safety of a family member," the report said.

Why am I highlighting this statement?  Because of the simple fact that too many victims don't understand that the first time they call the police on a violation the stalker doesn't get put away in jail.  You may as well say that he can continually pass go, collect the $200, and have quite a few "Get Out of Jail Free" cards in his back pocket.  Not only must there be repetitive acts, but also repetitive acts that are documented as well.  This is many times hard for victims to acquire, but something that victims need to do.

By the tens of thousands, victims of stalking lose their jobs, flee their homes and fear for their safety, according to a new federal survey providing the most comprehensive data ever on a crime affecting an estimated 3.4 million Americans a year.

About 11 percent of the victims said they had been stalked for five or more years, and one in seven said the stalking compelled them to move out of their home, according to the report by the Justice Department's Bureau of Justice Statistics.  It covered a 12-month period in 2005-06.

The Bureau of Justice Statistics defined stalking as a course of conduct, directed at a specific person on at least two separate occasions, that would cause a reasonable person to feel fear.  The most commonly reported types of stalking were unwanted phone calls (66 percent), unsolicited letters or e-mail (31 percent), or having rumors spread about the victim (36 percent).

More than one-third of the victims reported being followed or spied upon; some said they were tracked by electronic monitoring, listening devices or video cameras.  About 21 percent said they had been attacked by their stalker - with the forms of assault ranging from a slap to rape.

Nearly 75 percent of victims knew their stalker in some capacity - most commonly a former spouse or ex-boyfriend/girlfriend, sometimes a relative or co-worker.

People who were divorced or separated were more vulnerable to stalking than other marital categories, and those aged 18-24 were more likely to be stalked than older people.

There's a lot of good information in this article, and I wanted to show as much as I can that victims of DV need to  know.  Too many victims, after they leave, experience stalking from their abuser.  To read that most commonly it's an former spouse or ex-boyfriend/girlfriend is not surprising in the least. 

Victims reported suffering a range of emotions because of the stalking.  Their most common fears included not knowing what would happen next (46 percent) and fearing the stalking would continue indefinitely (29 percent).  Nine percent of the victims said their worst fear was death.

I know that for victims/survivors of DV, they DO fear their stalkers for a good reason.  Many of them have been told that "If I can't have you, no-one will", or that "I know where you live, you wont get away", or the like.  Their abuser does not let their victim go without a fight, and play mind games so well that they don't even have to be physically near to put fear in their victim, many victims seeing things that they swear their stalker/abuser has done when he hasn't been around.  That fear stays with them and affects their every day life and health.  It affects their work performance, their parenting, everything.  It isn't just the fear when the abuser/stalker is near, that is a sharp white fear, but a continuing fear that creeps into every fabric of their life.  Many victims develop high anxiety due to the stalking/abuse, which continues to plague them even after the stalking ends.

"When you consider the impact that stalking has on a victim's life, five weeks is forever - five years is incredible," she said.  "They often have to give up their current life, leave their jobs, their homes, establish a whole new identity."

I got stuck on this one.  Five years is not incredible for a victim/survivor of DV if you think of the fact that many that leave their abusive situation with children have no option but for their abuser to know where they live.  When there is visitation, when the abuser still has parental rights, it gives the abuser/stalker more information then the victim would want them to have, but by court order, must give.  Then it's hard to show that the abuser is stalking, because sometimes the most innocent words, phrases, or actions the abuser uses to continue to put fear in their victims lives.  Things that the courts wouldn't understand, and many times miss.  Many have to deal with this for 5-10 years, until their children reach of age, and sometimes even after that.  Many wish they could just disappear, change their names, assume a whole new identity, but can't because of mutual children being involved.

Leary credited law enforcement authorities with taking stalking seriously, but she said more needs to be done to strengthen anti-stalking laws and expand the resources to combat it.

Too many victims have called law enforcement to no avail, too many haven't been given the tools necessary to help catch their stalker.  Too many have been treated as if the calls or a nuisance, and that they are at fault.  Yes, many law enforcement authorities do treat stalking seriously, yet there are still many that re-victimize the victim when they treat their stalking incidences as if it's something that they don't believe in and would rather not do.  Some victims are actually treated with contempt when calling in a stalking incidence, which of course makes it so that the victim calls less on the incidences, and puts her life in more danger.

"One step recommended by Dyer was modification of state laws so stalking victims could more easily obtain protective orders against their stalkers.

The federal government and all 50 states have enacted laws making stalking a crime, but the laws and definitions of stalking vary widely.

This is something that I know victims of stalking have been asking for for years, to make it not only easier to obtain the protection order, but also the enforcement of the protection order one given.  Too many times they aren't enforced properly, which gives the abuser/stalker the feeling of added control and power.  This can be very dangerous in an abuser/stalker, and more needs to be done for the victims.

There is no easy answer in stopping the stalking, but there are many things that not only the government and law enforcement can do, but also the victims of stalking as well.  Empowerment is through the knowledge that they need to increase their chances of staying alive and well, and the knowledge that they will be protected.  I hope that after this is released, that more is done for victims of stalking, because they truly do need the protection and peace of mind that better laws and enforcement of those laws can give.

On the Net:

• Bureau of Justice Statistics: http://www.ojp.usdoj.gov/bjs
• National Center for Victims of Crimes: http://www.ncvc.org/ncvc/Main.aspx

Original Article