Prosecution, Rehabilitation
& Restoration
A Domestic Violence Collaboration
Presenters
 John Mascolo
 Director, Domestic Violence Unit, Summit County
Prosecutor’s Office
 mascolo@prosecutor.summitoh.net
 David Siko
 Senior Probation Officer, Domestic Violence Unit,
Summit County Adult Probation Department
 dsiko@cpcourt.summitoh.net
 Lauren Bartholet
 Victim Advocate, Victim Assistance Program
 lbartholet@victimassistanceprogram.org
Presenters
 Kim Subotin
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Victim Advocate, Summit County Prosecutor’s
Office
subotin@prosecutor.summitoh.net
 Special thanks to Holly Johnston.
 Who are you?
History of Collaboration: DVU/SAFE
 2004: Creation of DVU/SAFE
 New staff focused on felony Intimate-Partner Violence
 Summit County Prosecutor’s Office
 Re-organized grand jury process; developed “Domestic
Violence Day”
 New prosecutors handled select cases and supervised
courtroom prosecutors regarding protocol for intimate
partner domestic violence cases
 Protocol developed for evidence-based prosecution of
intimate partner domestic violence in office.
 1.5 prosecutors
 1 investigator
 Battered Women’s Shelter—victim advocate
 Victim Assistance Program: victim advocate
History of Collaboration: DVU/SAFE
 2006: Expansion of DVU/SAFE
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2.5 prosecutors, 1 investigator, 2.5 victim
advocates, 1 probation officer, .5 secretary
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Including 1 Prosecutor trying cases full time
Supervisor for Unit
Administrative Specialist
Probation Specialist
Coordinated with Victim Services
History of Collaboration: DVU/SAFE
 2007: Moving Towards the Future
 4 prosecutors full-time
2 on DOJ grants, 2 paid by Summit County
1 investigator (DOJ grants)
2 victim advocates (DOJ grants)
1 probation officer (DOJ grant)
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Supervising and administrative functions no longer
grant-funded.
 2008
 Domestic Violence Training Project
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Coordinator
2 part-time
Dynamics of Domestic Violence
 Domestic Violence is a pattern of abusive or
coercive behavior used to control an intimate
partner
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Physical
Sexual abuse/violence
Psychological/emotional abuse
Verbal abuse
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Dynamics of Domestic Violence
 Victim is forced to change her behavior in
response to the abuse
 Occurs in current or former dating, married or
cohabiting relationships of heterosexuals,
gay, lesbian, bisexual and transgendered
individuals.
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Common Battering Perceptions
(Excuses)
 Victims behavior
 Illness
 Genetics
 Cultural norms
 Alcohol
 Stress
 Learned Behavior
 Anger management
 Family Issue
 It’s her fault
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
COERCION
&
THREATS
MALE
PRIVILEGE
ECONOMIC
ABUSE
INTIMIDATION
POWER
AND
CONTROL
USING
CHILDREN
EMOTIONAL
ABUSE
ISOLATION
MINIMIZING,
DENYING &
BLAMING
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Barriers to Victim Safety
 Relentless behavior of batterer
 Fear of what batterer might do
 Fear for children or losing custody
 Financial dependence
 Conflicts with religious beliefs
 Isolation and lack of support
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Barriers to Victim Safety
 Culture
 Shame (make excuses for batterer’s
violence)
 Immigration status
 Disability
 Minimizing the violence
 Maintaining access to the batterer
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Barriers to Victim Safety
 Access to shelters
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LGBT victims
Older children
Pets
Drug and alcohol use
Dietary restrictions
Limited resources for disabled victims
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
How do you talk to a DV Victim
 Nonjudgmental
 Allow them to talk
 Be Patient
 Be prepared to offer information on finding
help if necessary
 Be truthful Tell them what you can and cannot
do
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
6 Things to Say to a DV Victim
1. I am afraid for your safety.
2. I am afraid for the safety of your children.
3. It will only get worse.
4. I am here for you.
5. You don’t deserve to be abused.
6. It is not your fault.
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Diversity Considerations
 Batterers may use cultural beliefs to control
their victims
 Batterers may use officers’ and advocates’
personal biases to manipulate
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Lethality Indicators
 Threats of homicide or suicide
 Fantasies of homicide or suicide
 Weapons
 Ownership of victim
 Victim is pregnant
 Harming or killing pets
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Lethality Indicators
 Obsessed with the victim and family
 Depression/mental illness
 Access to the victim and/or family
 Hostage taking
 Escalation of batterer risk-taking
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Dangers & Risk Indicators
 Prior contacts with law enforcement
 Pregnancy
 Drug and alcohol consumption
 Increase in frequency and severity of abuse
 Strangulation
 Battering during pregnancy
 Cruelty to pets/damage to property
 Violence towards children
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Evidence-Based Prosecution of
Domestic Violence
Evidence-Based Prosecution of
Domestic Violence
 Many times, victims are pressured not to
participate in the prosecution.
 Enhanced investigations allow the
prosecution not to rely solely on the victim’s
testimony.
 New paradigm: The goal of a domestic
violence investigation is to NOT need victim
testimony. (Think Homicide cases)
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement
Training Center’s Domestic Violence Instructor Training Program
Photographs
 Law enforcement is
instructed that there is
always a crime scene
 Photos document
injuries, the crime
scene, and more.
Evidence
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Guns
Weapons
Statements
Jail calls
911 calls
Strangulation Evidence
Medical & Hospital Records
Expert testimony
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Medical, injury-focused
Battered Person Syndrome
 In Ohio, see State v. Haines (2006),112 Ohio St.3d
393
Children & Violence
 (Male in background): “Don’t
call 911!”
 Little girl: “My mom’s
boyfriend is hurting my
mom…”
 911 operator: “Somebody’s
what?”
 Little girl: “Hurting my mom
–”
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2nd 911 call
 (Female): “My kids are
gonna see this!”
 Little girl: “My mom’s
boyfriend-”
Child Witnesses
 Children should be interviewed
 Children of violence do not learn boundaries
 Violence creates constant anxiety and a
violent home means feeling powerless
 Battering creates low self-esteem
 Children SEE and HEAR violence
 Referral to ‘Children Who Witness Violence’
Protection Orders
 NOTICE TO DEFENDANT: ONLY THE
COURT CAN CHANGE THIS ORDER. THE
COMPLAINANT/VICTIM CANNOT GIVE
YOU LEGAL PERMISSION TO CHANGE
THIS ORDER...
 Therefore, if the Victim cannot give the
Defendant legal permission to change the
Protection Order, then neither can law
enforcement.
Types of Protection Orders
 Protection Orders are not merely “no
contact” orders. TPOs and CPOs go well
beyond an order to have “no contact.” In fact,
a person can violate a Protection Order
simply by abusing alcohol or drugs; read the
Order.
Protection Orders
 If there is a trespass in the Victim’s home by
force, stealth or deception, there should also
be a charge of Burglary considered.
 Force, stealth, or deception + enter or remain
+ without privilege = Burglary
 The TPO or CPO removes any former
privilege to enter the Victim’s home.
Our Work with Protection Orders
 Attempting to bring consistency to Orders of
Protection
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When they are issued
When they are withdrawn
Roles
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Prosecution: Center on need to prevent further
victimization
Victim Advocate: Represents the will of the victim
Probation: Dealing with the reports of violations
Defendants & The Cycle of Violence
 We want the defendant to get help
Batterers’ Intervention Program (6 month
minimum)
 Mental health expert
 Drug and/or alcohol counseling
 Can be an opening for change
 But don’t be naïve
 Chosen conduct
 Many do not want to change
 Antisocial or Oppositional
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Probation History
 Unit started in 12/2005
 Another draftee
 Fresh Slate
 Constant growth
 Who is supervised?
No one needs to reinvent the wheel
 Ann Crowe—APPA
 Dr. Andrew Klein
 Duluth Project
Probation Structure
 Specialist officer
 Domestic Violence Felony Three
 (Violation of Protection Order)
 Menacing by Stalking
 NO PSI writer
 What is your agency structure?
Supervision Tools
 Supervision tools
 Questionnaire
 Special Rules
 Definition of Offensive Conduct
 Intimate Partner Disclosure
Supervision Tools
 Learning a new language to paint an accurate
picture.
 Good citizen vs Picture of violence
 Include the Children
Supervision Tools
 Many victims will report they have been “choked”
when in technical terms they were the victims of
strangulation.
 Choking = an internal obstruction of the airway.
 Strangulation = a form of asphyxia characterized by
closure of the blood vessels and air passages of the
neck as a result of external pressures on the neck.
 Recent development of strangulation offense in
several states
Information courtesy of the Office of State and Local Training at the Federal Law Enforcement Training
Center’s Domestic Violence Instructor Training Program
Video
Relationships Between Prosecutors,
Probation and Advocates
 Follow case from beginning
 Be made aware of cases that do not fit
protocol
 Provide prosecutors with understanding of
probation actions
 Provide information to PSI writers from
prosecutors
 Monthly in-service meetings of collaborative
staff
Victim Advocates & Probation
 A conduit for the victim
 Contact information for the victim
 Sharing the burden of obsessive victims
 Help determine validity of complaints
Challenges
 Statistics
 Additional Meetings
 Additional Training
 Officer Resistance
 Time Consuming Cases
 Not always on the same page
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Traditional view
Modern view
Burnout
Solutions
 With victim services
Expert testifying
 Domestic Violence Nurse Examiner (DVNE)
Services
 Victim advocates present at meeting with
prosecutor
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 With probation
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Clarence Fry case
Before collaboration with probation
 Emphasize need for police and judicial
training
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Solutions
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With Prosecutors
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Consistent theme of victim safety and offender
accountability should guide evidence-based
prosecution of domestic violence
Seek PSI with all offenders
 Gives court and probation more knowledge so
sentencing decision is better-informed
 Consider mental health assessment and drug/alcohol
assessment as part of each PSI if possible
 Use Lethality Assessment tool; do not rely solely on
victim’s statement for determination of victim’s safety
 Provides offenders opportunity to show remorse and
articulate the wrongfulness of their offense (or not).
Why Does Collaboration Work
 Everyone does job with more information, not
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less
“It takes a village” mentality
Improved sentencing recommendations
Main objective is to hold violent offenders
accountable and keep victims safe
Intervention in the cycle of violence is a good
thing
Thank You for Your Support
 Summit County Prosecutor Sherri Bevan
Walsh
 Rev. Robert Denton-Victim Assistance
Program
 Terri Heckman-Battered Woman’s Shelter
 Summit County Court of Common Pleas
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Honorable Elinore Marsh Stormer –
Administrative Judge
Honorable Paul J. Gallagher—
Presiding Judge