To Your Good Health: How ‘the system’ handles domestic violence cases

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Updated: November 2, 2011 7:22PM

In my last column, we looked at some ways that you can help someone who is in an abusive relationship. Next on the agenda is the Illinois criminal-justice system and domestic violence.

Years ago I was a probation officer in Chicago, and also worked as a police social worker in Niles. My least-favorite situations were cases involving domestic violence. Those cases tended to be the most unpredictable because of the strong emotions involved. It was important to never let your guard down for a second.

Now that I have been a psychotherapist for many years, I have been involved in domestic violence cases also. This is somewhat easier because by the time a client reaches my office, the most intense drama has decreased. My main job, just like police, is to try to ensure the safety of the people I am trying to help — be it their physical safety or their psychological safety.

My take-away from these experiences is that cases like these are tremendously difficult for everyone involved. None of the laws are perfect, and all of them are a work in progress.

That said, let’s take a look at the legal aspects of domestic-violence cases.

The city of Park Ridge issued its most recent procedure protocol for responding to domestic-violence calls (General Order No. 55B) on May 12. Here is the definition of abuse: “Abuse means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation, but does not include reasonable direction of a minor child by a parent or person in loco parentis.”

The definition of family or household members very specifically excludes casual friends or ordinary contact between two people in business or social context. You may remember that we discussed what “intimate partners” means in my column two weeks ago.

So let’s run through a hypothetical case.

Ann is terrified because her husband, Bob, has started drinking more than ever since he lost his job. He is breaking things in their home and is making physical threats to her. She calls 911. So far, he has not actually harmed her. Her family has become very concerned about some of the stories Ann has told them. They have encouraged her to file an order of protection. So far, Ann has been reluctant to do this.

An order of protection is issued through the court. It contains orders about what the respondent (in this case, Bob) can do or must refrain from doing. There are three types of orders of protection:

• Emergency — can be granted without notifying Bob because either he cannot be found, or probably would become abusive if notified. This type of order is valid for 14 to 21 days.

• Interim — can be granted if Bob has been notified of the court hearing and Ann is attempting to follow appropriate protocol. This type of order is valid for up to 30 days.

• Plenary — can be granted when all procedural and substantive requirements have been met. It is valid for up to two years. It is very important to remember that under the law a person must found guilty of abusive behavior before losing his or her civil rights.

Back to Ann’s home: The police arrive, and there are always at least two officers responding to this kind of situation. The officers verify whether an order of protection has been filed. Since Ann has not done this, the officers must determine whether Bob has committed an act of domestic violence. One officer will interview Ann privately while the other interviews Bob.

If the officers determine sufficient cause to believe Bob has committed domestic violence, he will be arrested regardless of whether Ann wants to sign a complaint or not. The decision to make an arrest is ultimately up to the officers’ sound discretion. Whether an arrest is made or not, a detailed report is completed by the officers. The report will include officers’ observations, victim/witness statements, relationship to the abuser, history of abuse, calls prior for police assistance and the domestic bond screening form if applicable. If no arrest is made the report will also include the reasons why.

If Bob had left the house prior to the officers’ arrival, Ann would have been informed of her rights to pursue criminal complaints through the police investigative division or through the State’s Attorney’s Office. They would have told Ann of the importance of preserving evidence, and they would make every effort to locate Bob. If there were suspicions that their children were at risk of either neglect or abuse, the Illinois Department of Children and Family Services would be contacted (1-800-25ABUSE) to perform further investigation.

Several years ago Cindy Bischoff was shot dead by a former boyfriend who refused to take no for an answer. Sadly she had done everything right and had followed protocol. She was shot leaving her office as she attempted to get in her car. The man then killed himself.

Horrific as this was her family has tried to make something good come out of the tragedy. The result was “Cindy’s Law” (City of Park Ridge Special Order No. 11-20). This law requires that those found guilty of domestic violence, including stalking behavior, may be required to wear a GPS monitoring device. The county determines who is required to wear the device, based on risk factors that measure potential danger. Those who are mandated to wear the device are court-prohibited from being within 2,500 feet of the victim. Local police departments are notified by county Adult Probation about this, and exactly what the exclusion zones are. If there is a violation the victim (aka “petitioner”) will be notified of potential danger. The stalker (aka “respondent”) will be reported to Adult Probation, which will request an explanation for the violation or risk being summoned before a judge the following day.

Unfortunately there is a lot of variance in how well the court system protects people in domestic-violence cases. Several years ago women advocates created a court-watch system. Volunteers are trained to be objective observers in how well a judge handles such cases. Their reports are analyzed and disseminated so voters can make informed decisions about a particular judge during election time. If you would like to learn more about this program, or become a volunteer, go to www.courtwatch@batteredwomensnetwork.org.

— Terri Schmidt, a licensed clinical social worker, writes “To Your Good Health” for the Park Ridge Health Commission. Send comments to terrinschmidt@sbcglobal.net.