Family Violence Forum
Vol. 4, No. 1 Spring 2005


Table of Contents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

About the Family Violence Forum
This newsletter is the product of the Family Violence Community of Practice-a collaborative team of researchers, educators, and information specialists with the mission of improving the justice system's response to violence within the family. We are pleased to introduce the latest issue of the Family Violence Forum. For previous newsletters and a full array of court-related information on family violence, visit us at the Center for Family Violence and the Courts.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A Personal Note from the Editor
By Brenda K. Uekert

Welcome to the first issue of the Family Violence Forum for 2005. This issue highlights technological advances, primarily in the areas of protection orders and domestic violence processes. For our readers who are interested in learning more about court technology, we invite you to sign up for the Ninth National Court Technology Conference. The conference will be held September 13-15 in Seattle, Washington. We hope you will find this issue informative and useful for your work.


 

 

How Technology Is Being Used to Enhance Domestic Violence Case Processing
By Dawn Marie Rubio

Courts across the country are turning to technology, whether its hardware, software, video technology, fiber-optic lines, Legal XML, or Internet and Web-based access, to solve the challenges associated with domestic violence cases.

In keeping with the theme of technology for this issue of Forum, the NCSC Family Violence Community of Practice asked courts to identify how technology is being used in their jurisdictions to improve the way domestic violence cases are handled by the courts. According to these responses, and a review of the literature in the area, it appears that technology is being used for the following purposes:

  • to enhance victim safety
  • to boost the accountability of offenders
  • to decrease the courts' response time to the needs of victims
  • to improve the quality of the courts' information and decision making
  • to promote collaboration with other justice system and domestic violence partners

The use of technology to improve domestic violence case processing appears to be on the rise.

In Alaska, VAWA funds were used to modify the court's current electronic case management system to create a Domestic Violence Index. Upon the filing of a petition for a protection order, the Index allows judges and court staff to search the court's database (by party name) for related domestic violence cases. While the Index has are some limitations (e.g., cumbersome process) and unresolved issues (e.g., the perception that judges are performing independent investigations), overall it enables the court to make more informed and consistent decisions regarding the pending protection order.

New Jersey has initiated a Web-based temporary protection order system for police known as E-TRO, which is currently in the pilot stage with five police departments. Police complete and electronically transmit temporary restraining order forms to the court for docketing, case scheduling, and case disposition. Current plans include the expansion of E-TRO to every police department. However, police departments must have adequate computer capability. The police also have access to the Domestic Violence Central Registry. This is a duplication of certain data from the court's case management system that allows police to see both active and dismissed restraining orders statewide. All police departments have access to this database 24 hours a day. Finally, New Jersey is creating and distributing video and CD-ROM educational materials for judges and staff to provide required, ongoing desktop training for all staff and judges assigned to domestic violence cases.

Several misdemeanor and felony domestic violence courts across New York State (Bronx, Brooklyn, Buffalo, Westchester, Suffolk, and Queens) use the Domestic Violence Court Technology Application and Resource Link. Developed by the Center for Court Innovation, the Application is a software program, which uses a secure Internet connection to link the domestic violence courts with other criminal justice, treatment, and social services agencies. It enables these users to share information instantaneously, thus allowing immediate access to information about valid and expired protection orders, protection order violations, treatment and attendance participation, case status, and case management and research.

A remote kiosk outside Pierce County's courthouse in Tacoma, Washington, allows on-site domestic violence counselors at the remote location to assist victims with protection order paperwork. Petitions are then transmitted to the main courthouse using a software application developed in the county's intranet.

Initial reports show promise that the technology is achieving the intended results in domestic violence case processing. The possibilities are exciting as courts become more comfortable with the technology options available to them.

For more information, contact Dawn Marie Rubio at drubio@ncsc.dni.us.

 

The Potential of XML to Enhance the Recognition and Enforcement of Protection Orders
By Denise O. Dancy

Protection orders are designed to ensure the safety of domestic violence victims in a timely fashion--ideally across state and tribal lines. But court and law enforcement procedures vary from one jurisdiction to the next--a fact that often hinders the recognition and enforcement of protection orders. A technological impediment is the functional disparity in the electronic data-sharing and case management mechanisms used in issuing, recording, and tracking protection orders. This is especially true in "foreign" protection orders (those that are issued in one jurisdiction but enforced in another). These differences are often evident in the appearance of the protection orders themselves and in the types of data entered, captured, and verified.

Many states have protection order registries to receive and capture data correctly. State registries, however, face ongoing challenges related to technological capacity, consistency in data entry, and compliance. The terminating repository for all this protection order data is intended to be the National Criminal Information Center Protection Order File (NCIC POF). Data-entry processes at the state and local levels are often duplicative and, at times, simply fall short of reaching their ultimate destination in the NCIC. The level of participation from states (i.e., providing protection order data to the NCIC POF) varies significantly in volume, quality, and completeness. Tribal justice systems and law enforcement agencies encounter even more challenges with data sharing across jurisdictional lines. For instance, many tribal protection orders do not have an established conduit into state protection order registries or the NCIC POF. This jeopardizes the safety protection orders are intended to secure.

A missing component in many current systems is cross-system interoperability and effective systems communications. Computer systems must be able "talk" to each other to accurately capture and understand the information they are exchanging. The various systems used in the local jurisdictions, state protection order registries, and NCIC do share some common "language" and protocols for exchanging information. Nevertheless, there are also many instances where they simply cannot exchange information because of sheer system design. There is, however, a way for these different systems to "talk" to one another without extensive overhaul: eXensible Markup Language (commonly known as XML), a technical language that creates specific vocabulary for sharing information. The development and use of XML has been increasing in the business and legal sectors. The justice sector is currently refining the subset of data needed to accurately and consistently capture and exchange data specific to justice-related processes. The body of work that reflects those processes and data definitions is the Global Justice XML Data Dictionary (GJXDD). The GJXDD is, in fact, an "XML-based framework to enable the entire justice and public safety community to share information at all levels of government-laying the foundation for local, state, tribal and federal justice interoperability" (see "Global Resources for the Justice Decision Maker").

Much of this work around the GJXDD is occurring within multidisciplinary workgroups to develop commonly agreed-upon standards. Several sets of open XML standards are at varying stages of development and need adequate vetting by the full justice community. Once standards have been established and tested in real-world court operations, XML has the potential to create an environment in which data can be easily exchanged between various court case management systems, protection order registries, and the NCIC POF. XML can (1) create consistency in language and appearance of data; (2) overcome software and hardware compatibility issues; (3) comply to Internet-mandated data coding for presentation of information; and, perhaps most significantly, (4) facilitate nearly simultaneous data entry and validation into case management systems, state protection order registries, and the NCIC POF.

The National Center for State Courts (NCSC) is collaborating on two different projects--Extending Project Passport and the Justice Information Sharing and the Courts project--to standardize protection order processes and data sharing. The primary objectives of Extending Project Passport are to enhance recognizability of protection orders (through a model template first page with commonly agreed-upon data elements) and to demonstrate the benefits of using XML to exchange protection order data. A primary objective of the Justice Information Sharing project is to build upon current XML work in the justice system to "produce a blueprint for data standards that can support interoperability, electronic filing of documents and the exchange of information with members of the justice community, to advance architectures and other components by which to accomplish that, and to test the model in real world applications" (see "Justice Sharing and the Courts," NCSC). Protection orders are one of the key court processes and documents that need this data standardization. Through the regional meetings of Extending Project Passport, ways to leverage current parallel efforts to define those electronic exchanges specific to protection orders are being explored, and feedback is being sought from practitioners in the justice community who deal with protection orders. A prototype XML-based first page has been collaboratively developed specifically for Extending Project Passport, and contributes to the XML-based and NCIC-compliant protection order information exchange package being developed for the justice community and courts through the Justice Information Sharing project.

This collaborative initiative holds promise for enhancing the recognizability and enforcement of protection orders and for standardizing the timely and accurate electronic exchange of protection order data through standardized court-related XML processes. The result could satisfy data requirements across systems and across geographic and electronic jurisdictional boundaries, overcome communication barriers, deliver data in real time, facilitate enforcement of protection orders, and save lives.

For more information, contact Denise O. Dancy at ddancy@ncsc.dni.us.

 

Iowa's Protection Order Registry: Connecting the Courts with Law Enforcement
By Madelynn Herman

Iowa's statewide protection order registry project was first conceived in 1995 and was fully implemented statewide in 1998. The process for creating Iowa's statewide registry first began with a recommendation from the Supreme Court's Task Force on Courts' and Communities' Response to Domestic Violence. A STOP Violence Against Women Act grant helped fund the registry.

Standard and uniform protection orders are used throughout the state and sent to a statewide registry. Databases are linked between the courts and the Department of Public Safety to send and receive protection orders in a timely and accurate manner. This cooperative venture between the Iowa Judicial Branch and the Iowa Department of Public Safety has been very effective. Receiving the registry of abuse orders electronically within seconds of the information being entered by a judge enables law enforcement to respond within minutes to serve or enforce a violation of the order.

Iowa's registry includes a firearms provision, full-faith-and-credit legislation, participation in NCIC (National Crime Information Center), and a Brady indicator. Out-of-state and tribal orders are also included.

Key elements of Iowa's protection order registry project:

  • Funding was present and adequate.
  • The Iowa Supreme Court was committed to the project from its inception.
  • The registry was a multidisciplinary project in design, training, and implementation.
  • Law enforcement and clerks work cooperatively and within their areas of expertise.
  • Iowa's Court Information Services (ICIS) was closely involved with the development of the Department of Public Safety (DPS) database so that there would be no later "surprises" when the ICIS side was developed.
  • DPS and ICIS made and signed a contract regarding the basic elements of what would be accomplished in the data transfer.
  • The courts, through their vendor, devised a mechanism to provide protective order information in virtually real time as opposed to the daily batch processing that is the normal functioning of ICIS.
  • Both the courts and DPS continue to look for ways to improve the system.


On February 25, 2005, Jennifer Juhler, the domestic abuse intervention coordinator for the Iowa Judicial Branch, was interviewed by this author.

MH: Since the implementation of Iowa's Statewide Protection Order Registry in 1998, how have things been going?

JJ: Very well. One hundred percent of all orders are in the statewide registry. It's proceeding so well, that I'm not aware that it's there. Both the courts and the Department of Public Safety are very happy with the system. It's integrated into their work, and they rely on the information that is provided. They are very surprised when they find an error.

MH: How many uniform orders are in the registry, and is it difficult for judges and law enforcement to keep them straight?

JJ: There are code provisions in the registry for dissolution, civil, and criminal protection orders. There are separate orders for stalking and sexual abuse. There are also variations to these orders such as orders to modify, cancel, or extend the orders. It can be difficult for both judges and law enforcement to keep the 16 different uniform orders straight. But an intranet was developed to provide instructions on which orders to use, and how to fill out the uniform orders. In addition, Lotus Notes allows judges to add specific information about a case into the order. Initially, on the law enforcement side, they were confused about their role in enforcing civil protection orders. The registry provides information on what constitutes a violation of the order and largely sorts it out for them.

MH: What are some of the benefits of having a protection order registry that sends orders electronically from the courts to law enforcement?

JJ: There is greater overall systems accountability. Law enforcement relies on this information when enforcing protection orders across the state. This information is also integrated into their missing persons/warrant data so when someone is stopped for a traffic violation, they can find out if there is an outstanding order of protection on file. The protection order registry also facilitates communication between the courts and law enforcement.

MH: Do you have any advice for states wanting to put together a similar registry?

JJ: Keep it simple. On the side of the courts, it is important to keep the up-front protection order information sent to the Department of Public Safety very simple and basic.


For additional information on Iowa's Statewide Protection Order Registry, please contact Jennifer Juhler at the Iowa Judicial Branch at 515-725-8036 or Jennifer.juhler@jb.state.ia.us.

A Prototype of the Protection Order Process in Pennsylvania: The Integral Role of the Protection from Abuse Database
By Brenda K. Uekert, Susan Keilitz, and Penney Wentland

In 1997 the Pennsylvania Coalition Against Domestic Violence, with support from the Pennsylvania Commission on Crime and Delinquency and in cooperation with the Administrative Office of the Pennsylvania Courts, began to develop the Protection from Abuse Database (PFAD). As of February 28, 2005, 60 of Pennsylvania's 67 counties were participating in PFAD.

January 1, 2006, will mark a major milestone in the evolution of how courts and the Pennsylvania State Police process protection from abuse (PFA) orders across the state. On that date, all courts will be required to transmit PFA datasheets and PFAs electronically to the Pennsylvania State Police for entry into the statewide PFA Registry. This important change will facilitate entry of potentially life-saving information into the National Crime Information Center (NCIC) and the state police's database in a timely manner that complies with state and national standards for safety.

The PFAD was designed to capture all PFA proceedings in the commonwealth, with a computer archival system designed to complement the Pennsylvania State Police's Protection Order Registry. PFAD is an Internet-based system that allows 24-hour access to the full text of PFAs, Affidavits of Service, Indirect Criminal Contempt dispositions, and other court orders and forms essential for effective enforcement of PFAs and service provision. Providing the full text of the PFA enhances the information accessible from the state police's registry by providing information about the specific terms of the order, including custody and miscellaneous relief, which law enforcement officers in the field may need to make decisions critical to victim safety.

Last fall, the National Center for State Courts completed an evaluation of Pennsylvania's Protection from Abuse Database, with funding from the Pennsylvania Commission on Crime and Delinquency. The evaluation found that PFAD was an indispensable tool in Pennsylvania, but vulnerable due to its dependence on grant funding. Users reported high levels of satisfaction with the implementation, training, and technical assistance associated with PFAD.

An issue that affected the consistency of PFAD use across counties was the lack of standardization of PFA processes. As part of the evaluation, the research team, along with PFAD staff, developed a prototype, which uses a hypothetical case and follows it through from the incident to getting the PFA, service, and enforcement. While the prototype is specific to Pennsylvania, it can easily be adapted to other states.

Incident
Janet and Ed Patton live in County A and have a two-year-old son and a six-year-old daughter. Ed has been becoming increasingly abusive to Janet over the past year, and on Sunday he punched her in the stomach and told her she better "watch her back." Janet wants to find out what she can do to prevent Ed from hitting her again and to spend some time away from him while he gets some help to stop his abusive behavior.

On Monday Janet calls the local domestic violence program in County A and learns that she can petition the court for a PFA, that she can start the paperwork either at the domestic violence program offices or at the court, and that the whole process should be finished in time for her to pick up son from day care and be home when her daughter gets home from school. She thinks the court might intimidate her, so she decides to see an advocate at the domestic violence program. Although she is afraid Ed might blow up at her again, she decides she can wait until the next day, when she has a day off and Ed is working the evening shift. On Tuesday she goes to the domestic violence program, telling Ed she is going grocery shopping.

Getting the PFA
1. At the domestic violence program, an advocate listens to Janet's situation, explains the possibilities of PFA relief and the process, including precautions Janet should take if the court issues a PFA. Janet decides to file a petition, and the advocate creates the petition, proposed temporary order, notice of hearing, and affidavit of service on PFAD.
2. The advocate calls the prothonotary for County A to get a civil case number for the petition and the PFA coordinator in court administration to alert her that Janet will be coming over to the court with the PFA paperwork.
3. Janet is willing to take the paperwork to courthouse, so the advocate gives her a map to the court and a map of the courthouse showing the PFA coordinator's office (otherwise, domestic violence program staff would have accompanied her or taken the paperwork for her).
4. The advocate advises Janet to return to the domestic violence program office after she has the PFA to make further arrangements, including creating an initial safety plan for her current situation, arranging a safe place for Janet and the children to spend the night, and giving her referral information for legal services for representation at the hearing on a final PFA.
5. Janet walks two blocks to the courthouse and follows prominent and clearly understood signs to the PFA coordinator's office.
6. At the courthouse, the PFA coordinator staff reviews the paperwork and takes it to the judge assigned that week to PFAs and other emergency matters.
7. The judge takes a break from the bench to review the petition and temporary order and signs the order as submitted.
8. PFA coordinator staff take the signed PFA, notice of hearing, and affidavit of service to the prothonotary's office.
9. The prothonotary enters the PFA into PFAD and makes copies of it, giving three to Janet.
10. The prothonotary faxes the PSP datasheet and PFA to the Pennsylvania State Police and the 911 dispatch center. The prothonotary also sends a service packet to the sheriff.

Service
1. A sheriff's deputy serves the order at Ed's workplace and enters the affidavit of service into PFAD.
2. The domestic violence program advocate logs onto PFAD and determines that Ed has been served.

Final Hearing
1. The DV program advocate calls legal services to advise them of Janet's referral.
2. Janet calls legal services and makes an appointment after discussing her situation.
3. Legal services staff accesses PFAD, prints out the PFA, and starts a file for Janet.
4. An attorney meets with Janet, discusses her options, and prepares a proposed final order; they also discuss the possibility of filing for a divorce if Ed does not complete a batterers intervention program.
5. Before the hearing Janet's attorney meets with Ed's attorney, and Ed agrees to the terms in the proposed order, but he wants time with the children every other weekend.
6. The judge accesses PFAD at his bench to edit the proposed final order. The courtroom clerk prints out the PFA and the judge signs it; the clerk then sends an e-mail to the prothonotary to tell her the PFA is signed.
7. The prothonotary accesses PFAD, files the final order, and makes copies of PFA, giving three to Janet when she arrives a few minutes later.
8. The prothonotary faxes the PSP datasheet and PFA to PSP and to the 911 dispatch center.

Enforcement Process
1. The Tuesday after the hearing Ed takes their son from day care; he drives to the house and parks in the driveway; Janet calls the police.
2. The police officer assigned to the call accesses PFAD through the dispatcher; she sees that Ed should not be at the house or have the son on that day; she arrests Ed after verifying the information in Pennsylvania's Commonwealth Law Enforcement Assistance Network (CLEAN).
3. The police officer takes Ed to the station, pulls up PFAD to complete an Indirect Criminal Contempt (ICC) complaint and an Affidavit of Probable Cause, and then takes Ed to the district justice for preliminary arraignment.
4. The district justice accesses PFAD, reviews the relief provisions in the PFA, searches for any previous ICC convictions, incarcerates Ed, and completes the hearing information on the contempt form on PFAD.
5. The district attorney accesses PFAD, reviews the Final Order and Case History, and searches statewide for any other ICCs pending or convictions. The district attorney successfully prosecutes the ICC.
6. Janet moves to County B; Ed finds out where she lives and comes to her house; Janet calls the police.
7. The police officer accesses PFAD, reads the PFA, and arrests Ed after verifying the information in CLEAN.
8. The police officer completes an ICC complaint and Affidavit of Probable Cause in PFAD and takes Ed to the district justice, who finds the PFA and ICC conviction in County A in PFAD, incarcerates Ed, and completes the hearing information on the ICC form on PFAD.
9. The district attorney for County B accesses PFAD, finds the PFA and prior ICC conviction in County A, and successfully prosecutes the ICC.
10. The probation department uses PFAD to prepare a presentence report, which includes the history of abuse and the ICC conviction in County A.
11. The judge sentences Ed to six months in jail.

For more information, contact Brenda Uekert at buekert@ncsc.dni.us.

Special thanks go to Susan Emmons and staff at the Pennsylvania Coalition Against Domestic Violence for refining the prototype.


Resource Corner
Using Technology to Assist Judges, Communities, and Victims of Domestic Violence

By Madelynn Herman

The use of technology to assist victims of domestic violence has increased dramatically over the last several years. Protection order forms are available online on many court Web sites. Some jurisdictions offer the electronic filing of protection orders. Some provide sophisticated online document preparation programs. One jurisdiction even provides streaming video and audio instructions for filing a protection order and includes a message from the state's chief justice.

Other examples of how technology is increasingly used to assist domestic violence victims and communities include accurate and timely service of protection orders through statewide protection order registries, automated victim notification programs, and videoconferencing to increase victim access to the courts. Using XML (eXtensible Markup Language) is the latest innovation for enhancing the electronic sharing of protection order data. XML improves the compatibility of data and is the wave of the future.

In addition, technology is also used to assist judges in their understanding of the dynamics of domestic violence. There are online benchbooks and educational courses on domestic violence and protection orders for judges. Listed below are a few examples of who's doing what around the country.

Online Information, Forms, Instructions, and Assistance

  • The Superior Court of California, Contra Costa County, provides various online guides for domestic violence restraining orders, including instructions via video and audio in four languages (English, Spanish, Vietnamese, and Korean). The video includes an introductory message from Chief Justice Ronald George.
  • Court staff at the Domestic Abuse Service Center, of Minnesota's Fourth Judicial District Court, prepare, file, and process documents for pro se litigants seeking assistance with temporary orders of protection.
  • Both New York and Georgia have statewide online domestic violence protection projects that allow victims to seek a protection order, plan for safety, find a lawyer, and learn about shelters and domestic violence services from one central Web site.
  • The California Courts Self-Help Center's Protection from Abuse Web pages provide online access to numerous domestic violence court forms (in four different languages), in addition to providing answers to domestic-violence-related questions.

Electronic Filing

  • Jackson County, Missouri, allows for electronic filing of protection orders from a local shelter to the courthouse. See the Techcourt.org article "Protection for Domestic Violence Victims Via the Internet" for further details on how e-filing works in Jackson County.
  • The Superior Court of California, County of San Mateo, uses the E-Z Legal File technology to allow petitioners to complete the paperwork for protection orders electronically. E-delivery of the documents is currently in the planning stages.

Use of Videoconferencing Technology

  • A partnership between the courts in Tucson, Arizona, and two local shelters (The Brewster Center) allows victims of domestic violence to testify before a judge via videoconferencing for protection orders. Computers connect the courts to the shelters to send signed orders back to the victims without having to appear in court in person. According to the shelter project director, Julie Johnston, the videoconferencing system allows for greater victim privacy, confidentiality, and safety.
  • In Allegheny County, Pennsylvania, local shelters and crisis centers have teamed up with the district attorney's office to provide round-the-clock access to protection orders through videoconferencing. See the January 5, 2005, Pittsburgh Post-Gazette article, "Video Technology Put to Use for Domestic Violence Victims."
  • Both Mesa and Phoenix (Arizona) municipal courts use videoconferencing technology for protection orders, which allows victims of domestic violence to provide testimony from the local police department.

Sharing Information Through Registries and Databases

Online Education and Training

Don't forget to check out the new Web site of the Forum, the Center for Family Violence and the Courts.

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Copyright 2005 The National Center for State Courts. All Rights Reserved.
Some online research provided by LexisNexis.

We Want Your Feedback!

The Family Violence Forum would like to hear from you. If you would like to request technical assistance, or have comments/suggestions for the Forum staff, please e-mail Madelynn Herman at mherman@ncsc.dni.us or Dr. Brenda Uekert at buekert@ncsc.dni.us or call 800-616-6164.