Domestic Violence Response:
Manchester, New Hampshire
Student Student
March 3, 2016
Domestic Violence Response: _____________________________________________ 1
Manchester, New Hampshire ______________________________________________ 1
Courthouse Progress _____________________________________________________ 1
Types of Restraining Orders _______________________________________________ 1
Who Can File For A Restraining Order? _____________________________________ 3
Violated Restraining Order ________________________________________________ 4
Across State Lines ______________________________________________________ 5
Withdrawal of A Restraining Order _________________________________________ 5
Manchester Domestic Violence Unit ________________________________________ 6
Prosecution Team _______________________________________________________ 7
Officers Doing Their Jobs_________________________________________________ 7
Domestic Violence Cases _________________________________________________ 8
Conclusion ____________________________________________________________ 9
References ____________________________________________________________ 10
Student 1
Courthouse Progress
The New Hampshire Courthouse has made progress since 1994. The courthouse protocol
was rewritten in 2003 with a group of officials, which included 40 judges, clerks, attorneys,
psychologists, members of law enforcement, and representatives from the U.S. attorney’s office.
This new protocol is expected to be the manual for “best practices” in all New Hampshire
courthouses. Although not all cases are the same, the protocol should help apply the laws in a
fair way. New evolution with the prosecutorial response is recognized in the courtroom
proceedings. Support advocates are now allowed into the courtroom with the victim. An
advocate empowers the victim by offering support, explaining the actions taking place in the
court and by presenting different options the victim has in term of their rights. There are two
types of advocates, the crisis center advocates and the prosecution-based advocates. The Crisis
Center Advocates provide the victim emotional support throughout the courtroom proceedings.
The advocates are not able to discuss hearing information with anyone unless there is written
permission from the victim. Prosecution-based advocates are used to provide information to all
victims and witnesses in criminal proceedings. They help to make sure victims get all their legal
rights and that they get the correct support from crisis centers and support groups.1
Types of Restraining Orders
There are three different types of restraining orders (or protective order) in the
Manchester New Hampshire courthouse. When a victim applies for a protective order, their
name enters a database in order for the police to keep track of injuries, court dates, and type of
restraining order (See Figure 1- Example of the Victim Database). The first type is an
emergency protective order, which is used if a person either male or female, is in immediate
1
The AmeriCorps Victim Assistance Program is one program designed to place advocates in crisis centers, police
stations, and courtrooms so victims can be assured through all of their court hearing.
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danger of domestic violence and the courthouse is not open in order to file papers. The victim
must visit the nearest police station where he/she will fill out papers. The police station will call
the judge on call and get an emergency telephonic order. This order is only good until the end of
the next day. A visit to the local courthouse will enable the person a long-term restraining order
if necessary. The second type of restraining order is a temporary protective order. A victim
must go to the courthouse and show the judge that he/she is in fear of immediate danger. Using
descriptive language to describe the abuse will be more effective in court when the judge is
deciding to issue a protective order. He/She will be able to get a temporary protective order
while waiting for a court hearing to be set up. This hearing is where he/she will get their final
protective order. The final protective order is the final type and a court hearing is necessary in
order to issue one. If the judge decides to issue a protective order it will only last for one year,
but he/she make extend the order before it is expired.
Victim Database
Last Name
Amato
First
Gender
Town
State Injuries
Name
Joseph M
Manchester NH Bruised
Side
Anderson
Sarah
F
Manchester NH
Andrews
Ashley
F
Manchester NH
Arsenault
Amanda F
Manchester NH
Baker
Kristen
F
Manchester NH
McPherson Lindsay F
Manchester NH
Mulkern
Manchester NH
Danielle F
Black Eye
and Broken
Wrist
Internal
Injury from
blunt force
Black Eye
and Deep
Cuts
Fat Lip and
Swollen Eye
Broken tail
bone from
falling
Stab Wound
Relationship Restraining
Court
to Batterer
Order Type
Date
Boyfriend
Emergency
11/26/2006
Protective
Order
Boyfriend
Temporary
12/5/2006
Protective
Order
Ex-boyfriend
Emergency
11/18/2006
Protective
Order
Girlfriend
Temporary
10/31/2006
Protective
Order
Husband
Temporary
9/5/2006
Protective
Order
Boyfriend
Emergency
9/13/2006
Protective
Order
Ex-boyfriend
Emergency
8/15/2006
Protective
Order
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Victim Database
First
Relationship Restraining
Last Name
Gender
Town
State Injuries
Name
to Batterer
Order Type
Sullivan
Marie
F
Manchester NH Head Injury Ex-husband
Temporary
Protective
Order
Thomas
Michael M
Manchester NH Stabbed in Girlfriend
Temporary
Abdomen
Protective
Order
Tomborello Tanya F
Manchester NH Strangled
Ex-husband
Emergency
Protective
Order
Figure 1- Example of the Victim Database
Court
Date
10/6/2006
12/2/2006
11/3/2006
Who Can File For A Restraining Order?
Anyone who has experienced domestic violence committed by a husband/ex, a wife/ex, a
boy/girlfriend/ex, or any other person in whom one was intimate with can receive a protective
order.2 Minors can also file for protective orders against someone they have had an intimate
relationship with; parents cannot file a petition for their child. A final protective order can
protect the victim from anything the judge orders including abusing you, relatives, or anyone else
living in the house with him/her. The abuser would have to stay away from the victims’ home,
work, place of education, or any other specified place the victim visits regularly. The abuser will
be ordered not to take, sell, or damage the victims’ property and return anything to him/her.
Protective orders are free to acquire, but he/she may need to seek out a lawyer for the final
hearing. If the victim cannot afford a lawyer, New Hampshire has a program called DOVE.
DOVE is a group of volunteer attorneys who will help clients in court. This is practical for low
socioeconomic cities where domestic violence is more common in poor families due to stress,
jealousy, and the need for control. Both severe violence and minor violence appears to happen
more with Hispanic women than with black or white women (See Table 1). Dove is a group who
2
Same sex partners are now allowed to file for protective orders.
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will help low income women who cannot afford to prosecute their abuser, which may be the case
with Hispanic women.
Rate per 1,000 couples
Domestic Violence rates of Women
181
200
150
166
160 157
117
108
86 81
100
45
50
0
Overall Rate
Severe Violence
Minor Violence
Type of Domestic Violence
Whites
Hispanic
Black
Table 1-Domestic Violence Rates of Women
Violated Restraining Order
If the protective order is violated the victim is in danger of bring injured by the abuser.
Numbers of women are injured or even kill each year by the abuser violating the restraining
order (See Table 2). To ensure safety the victim should call the police for any reason
concerning the violation of his/her restraining order. The judge can punish anyone who
knowingly violates the order. The police can arrest the abuser if there is proof, within the last
day, that the order has been violated. Proof of injury or property damage would help. If the
police do not arrest the batter, the victim can go to the police station to file a criminal complaint.
The abuser will be released from jail soon after being arrested, but if there is fear of safety the
victim can request bail to keep him/herself safe from the abuser. The protective order can be
dissolved and it can also be extended. For the protective order to last longer, the victim must go
to court before the order runs out to avoid having to start the court process from step one again.
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If the abuser is allowed back into the victims’ house anytime during the one year, the judge must
remove the order. (How to get a Protective Order, 2004)
Reported Cases In New
England
Domestic Violence Cases
2003
2004
120
140
Domestic Violence Deaths
10
8
Table 2- Reported Numbers of Domestic Violence Cases and Deaths
Across State Lines
“Full Faith and Credit” is a section from the Violence Against Women’s Act. It says that
a protection order, which is granted in one state, is to be treated the same in any other state. New
Hampshire started using this Act in 1993. This ensures victims to be able to travel safely without
having to worry about their abuser violating the restraining order. New Hampshire uses the
“presumptive arrest” policy meaning it is the officers’ decision whether or not to make an arrest.
Other states have “mandatory arrest” policies, which mean the officer has to make less decisions
and arrests when he feels there has been a domestic violence act. Although New Hampshire has
“presumptive arrest,” a NH person who goes into a different sate with “mandatory arrest”
policies will need to follow the laws of the state in which the crime has been committed.
(Domestic Violence Case Protocols, 2003)
Withdrawal of A Restraining Order
According to the New Hampshire District Court Domestic Violence Protocol (2003), the
victim is allowed to withdraw the restraining order. They can request the order to be withdrawn
at anytime before or after the final order is given out or anytime during the year when the order
is valid. In order to remove the protective order, a petition must be signed and the clerk should
arrange a meeting with the victim to explain the reasons for withdrawal. The victim may also
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have to meet with a judge. The court must be aware and watch for signs that the victim is not
making this choice of withdrawal out or fear or coercion from the abuser.3
Manchester Domestic Violence Unit
The Manchester Police Department has a domestic Violence Unit, which runs out of the
Manchester District Court and it has been around since 1994. Everyone on the team attends and
conducts training courses to stay up to date on the latest domestic violence issues. Also,
everyone at the police station is trained one day a year for handling domestic violence cases.
The Domestic Violence Unit helps get the victim information on the status of the abuser, updates
he/she on information in the case, informs the victim of court dates, advises on how to stay safe,
and helps lead victims to local safe places. They also take pictures of your injuries, and follow
up with the victim his/her home. The following is a chart which shows violent crime and
property crime from 1992 to 2005 in the Manchester, NH Area.
Percent of total crime reported to police
Average
1992-1993
1994-1995
1996-1997
1998-1999
2000-2001
2002-2003
2004-2005
Violent crime
Property crime
Total crime
44.7%
35.5%
80.2%
42.7%
41.2%
43.6%
45%
48.6%
48%
48.7%
33.4%
33.4%
34.9%
34.6%
36.4%
39.3%
39.3%
76.1%
74.6%
78.5%
79.6%
85.0%
87.3%
88.0%
Figure 2- Violent Crime/Property Crime Chart
3
The victim must have an emergency safety plan to avoid further abuse from the abuser.
Student 7
Prosecution Team
The prosecution team is located in the County Attorney’s Office in Manchester New
Hampshire. They prosecute felonies and misdemeanor appeals from the district courts. The
office has thirteen prosecuting attorneys, seven full time secretaries, one part time secretary, one
paralegal, and several legal interns. Also, there are five victim witness advocates whom are
shared between two offices in the same area. This office also has a Domestic Violence
Prosecutor who prosecutes domestic violence cases in the Manchester District Court.
Officers Doing Their Jobs
In one New Hampshire Case, written in The FBI Law Enforcement Bulletin by George
Wattendorf, a woman called the police to file a domestic violence complaint. When the police
got there, she was holding an ice pack on her swollen face and explained that an argument with
her boyfriend had gotten out of hand. The police arrested the boyfriend and held him in custody
while the woman went to the police station to get pictures taken of her wounded face. Three
days later the woman called the police station to drop the assault charges, but the officer knew
that the boyfriend had most likely promised he would “never do it again,” which was not enough
of a guarantee for the police. The officer informed the woman that with the evidence collected
by the pictures it enabled the court to go ahead with a conviction whether she wanted to or not.
The woman would not have to testify in order to convict her boyfriend of domestic assault. Even
if she testified in her boyfriends favor, the court would still have enough evidence to go against
her statements. This article showed the importance of evidence collecting in all domestic
violence cases. If the police didn’t take the woman for pictures, the man may have been able to
get away with the abuse, but in this case he didn’t get away with it. In June of 1993, the New
Hampshire Police departments started to collect more evidence when is came to domestic
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violence cases. Since this started, convictions for domestic violence cases have gone up
noticeably. In order to get a conviction without a testimony, the police have to work carefully to
collect all the evidence. This evidence includes 911 tapes, emotions of victim when the police
arrive, photographs the day of and the day after to show full injuries, photos of the crime scene to
show damage done to property, a written testimony from the victim or word for word written
testimony by the police to use in court when the victim is less willing to cooperate, abusers
statements to the officer, interviews of other witnesses, and evidence of a struggle ripped clothes
or blood stains. Police report to numerous domestic violence calls each year (See Table 3).
Some victims are unwilling to work with the police because they are afraid or because they no
longer want the abuser arrested. With all this evidence, the abuser could be convicted without the
victims’ testimony in court. This was a very smart move on behalf of the New Hampshire police
stations. (Wattendorf, 1996)
Domestic Violence Related Calls for Assistance
Number of Calls
300000
250000
200000
150000
100000
50000
0
1985
1990
1995
2000
2005
Year
Table 3- Domestic Violence Related Calls
Domestic Violence Cases
In the Governor’s Commission on Domestic Violence and Sexual Violence in the state of
New Hampshire, the Fatality Review Committee worked to improve their protocol in order to
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prevent the increase in domestic violence homicide cases. From1990 to 2000 there were a total
of two hundred twenty seven homicides in New Hampshire and one hundred and seven of them
were domestic violence related.
The number of homicides in general has
decreased, but the number of
domestic violence homicides has
increased. In 1990, there were
sixteen homicides and eight were domestic
violence related, then in 2000 Figure 3 -- The Purple
there were fourteen homicides and eleven
were related to domestic
Domestic Violence
Awareness Ribbon
violence. Female victims range in age
from thirty to forty-two and the average age of the male perpetrator was twenty-six to fifty-three.
Out of nine cases that were studied, three homicides occurred in Hillsborough County, which
includes Manchester, the highest number of homicides than in any other county. The most
common forms of death were caused in result of beatings, firearms, and stabbing. (Domestic
Violence Fatality Review Committee, 2001)
Conclusion
Intimate Partner Violence is a problem everywhere in the world. Some women don’t
even know they can speak out and get help. In some places around the world spousal abuse is
accepted, but things are different in the United States and everyone needs to know about it.
Towns, cities, and states everywhere have been trying to make a change by revising protocols
and making mandatory arrest laws, but people find their ways around the laws hurting the ones
they are suppose to love and care for. To support victims of domestic, stand strong and wear the
purple domestic violence awareness ribbon (see Figure 3 -- The Purple Domestic Violence
Awareness Ribbon).
Pellerin 10
References
(2003). Domestic Violence Case Protocols. Retrieved May 1, 2006, from NH District
Court Domestic Violence Protocols site:
http://www.nh.gov/judiciary/district/protocols/dv/index.htm
(2004). How to get a Protective Order. Retrieved May 1, 2006, from Womens Law site:
http://www.womenslaw.org/NH/NH_how_to.htm
Domestic Violence Fatality Review Committee. (June 2001). Governor's Commission on
Domestic Violence and Sexual Violence. Retrieved May 1, 2006, Web site:
http://www.nh.gov/nhdoj/victim/docs/DVRC_first.pdf
Wattendorf, G (April 1996). Prosecuting Cases without victim cooperation - Focus on
Domestic Violence. The FBI Law Enforcement Bulletin, Retrieved April 24, 2006,
from http://www.findarticles.com/p/articles/mi_m2194/is_n4_v65/ai_18555060.