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Date
of Implementation:
Approximately
1998
Overview:
The goal of the
practices is to quickly and efficiently provide protection orders to
victims of domestic violence by issuing personal protection orders
within 2 to 3 hours after initial application., to produce more
effective enforcement of personal protection orders by law enforcement
officers, and to provide more tools for judges to control and monitor
batterers’ behavior, beyond the sanctions specifically provided for
in personal protection order statutes.
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Key Elements:
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Training.
All court personnel involved in the issuance of personal
protection orders receive specialized training concerning safety of
domestic violence victims and the role of the court personnel in
enhancing victim safety.
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Judicial leadership.
The judge must take the lead role to ensure that all court
personnel understand victim safety issues and work together to meet
the judge’s expectations regarding protection order issuance and
timing.
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Preparation of the petition and
filing procedures. Petitioners seeking personal protection orders are
directed to a designated location in the courthouse where specially
trained court clerks assist petitioners with completion and filing of
personal protection order petitions. Petitioners are then directed to
a designated area of the court clerk’s office where specially
trained clerks handle the filing/ processing of protection order
petitions. Four specially trained court clerks review the petitions
and make recommendations to the judge about whether to issue the
protection orders and what conditions to include in the protection
orders. Within 2 to 3 hours after the initial application, the
petitioner will have received the protection order, or the case will
have been set for hearing if there are questions that require the
respondent’s participation and the safety of the victim is not
threatened.
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Procedures for hearings on the final
order. Nine attorneys work on
a per diem basis as “special masters” to conduct hearings on those
cases that have been set for hearing on the initial petitions, and on
motions to terminate. The special masters make recommendations to the
judge after the hearings. The judge makes final decisions regarding
all cases set for hearing on the initial petitions or on motions to
terminate.
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Mechanisms to monitor and enforce compliance
with the order. The
judge routinely meets with law enforcement officials to ensure that
orders are understood and officers are clear about enforcing the
orders. Because there is no agency in place to monitor probation for
personal protection order violators, the judge will take some
violators’ pleas under advisement and release the violators on bond,
subject to compliance with bond conditions that may include successful
completion of batterer intervention programs and other appropriate
intervention programs. Violators
are required to self-report to the prosecutor’s office regarding
compliance with bond conditions.
If violators fail to report or otherwise fail to comply with
bond conditions, the prosecutor requests a bench warrant for the bond
violation. Other options
for directing personal protection order violators into appropriate
intervention programs include suspending sentences subject to
successful completion of appropriate programs, and requiring violators
to report to the court and/or prosecutor at regular intervals to
monitor compliance. Replication: Other jurisdictions, including
Oakland County and Saginaw County have adopted the use of attorneys to
review and make recommendations to judges regarding issuance of
personal protection orders.
Replication: Other jurisdictions,
including Oakland County and Saginaw County have adopted the use of
attorneys to review and make recommendations to judges regarding
issuance of personal protection orders.
Evaluation:
Court data indicates
general increase in number of personal protection orders issued in
Wayne County since implementation of the practices. The Court reports
that because of the coordinated response by court personnel, the Court
is able to process between 50 and 100 personal protection order
petitions each day, or approximately 1,400 petitions per month. A
grant application submitted by the University of Michigan School of
Social Work to study the effectiveness of the Court’s practices is
pending.
Other
Support:
On an individual and
informal basis, law enforcement officers and chiefs have expressed
appreciation for the open lines of communication and have indicated an
increased comfort level in enforcing the court’s orders.
Contact & Related Links:
Hon. Richard Halloran
1807 Coleman A. Young Municipal Center
Detroit, MI 48226
(313) 224-7430
(313) 838-7426 Fax
Rbhalloran@aol.com
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