The Power of the Pen: What happens behind the scenes Judges wield tremendous power, often literally with a stroke of their pens as they sign their names on orders and findings. When the cases involve family violence, routine decisions—whether to check the “Brady box” on a protection order, or whether to make the domestic violence determination in a misdemeanor case—can indeed carry life-or-death consequences. Why is t … [Read more...] about NICS: National Instant Background Check System
Family Violence
The Dropout Problem: Part 2
What is behind it and what judges can do about it In Part 1 of this article in the September/October issue of Court Times, we considered research on the high victim attrition rate in criminal domestic violence cases, as well as some laws that judges can use to help ensure the integrity of the proceedings. In Part 2, we consider the civil court analogue to this predicament: petitioners who file and then dismiss … [Read more...] about The Dropout Problem: Part 2
The Dropout Problem: Part 1
What is behind it & what judges can do about it A judge presiding over a criminal docket will quickly conclude that family violence cases are different. In an auto theft case, for example, the victim is usually cooperative: she wants to help the police and prosecutor bring the perpetrator to justice for his crime. But in a case involving family violence—especially intimate partner violence—the victim often rec … [Read more...] about The Dropout Problem: Part 1
Firearms & Protection Orders: Considering Surrender
Ordering respondents to surrender firearms is not always easy for courts—it can mean more work for staff, extra hearings to ensure compliance, and negotiations with local law enforcement about storing the weapons and ammunition. But the power to order surrender of firearms as part of issuing a protection order is a vital means of reducing lethality in family violence cases. Consider this: protection order laws are p … [Read more...] about Firearms & Protection Orders: Considering Surrender
Teen dating abuse: What you need to know
The words “teen dating” usually bring to mind awkward silences, shy smiles, and high school proms. But for some adolescents and teens, dating also involves behaviors that the court system would recognize as stalking, battering, or worse. Research into teen dating violence is ongoing—the National Institute of Justice is currently sponsoring a very large study in cooperation with the independent research organization N … [Read more...] about Teen dating abuse: What you need to know