Taking Domestic Violence Seriously: The Role of Judges, Lawyers & Service Providers. Presented by: Sarah Buel, Clinical Professor and Director, Halle Center for Family Justice Arizona State U. Sandra Day O’Connor College of Law sarah.buel@asu.edu

1. Sarah Buel, Clinical Professor and
Director, Halle Center for Family Justice
Arizona State U. Sandra Day O’Connor College of Law
sarah.buel@asu.edu

2. We must dream!

3. Extraordinary power in
each role – how can we
motivate optimal
performance?

4. A. Gatekeepers for admission of evidence
B. Implementation of laws
C. Treat all parties with respect = “judicial
demeanor”
D. Comply with the Code of Judicial Conduct
E. Hold offenders accountable under law
F. _____________________
G. _____________________

5. A. Ensure that justice is served
B. Enhance & preserve public safety
C. Comply with ABA Code of Ethics
D. Prepare cases & argue to protect victims &
witnesses
E. Hold offenders accountable under law
F. ___________________
G. ___________________
H. ___________________

6. A. Ethical representation of client – including
providing advice on laws & options
B. Comply with ABA Code of Conduct
C. When representing offender, ask “How can
I ethically represent my client without
endangering the victim?” see Lee Rosen article
in ABA Lawyer’s Manual
D. ________________________________
E. ________________________________

7. A. Serve & protect
B. Promote public safety
C. Comply with laws & dept. regulations
D. Respond promptly to calls
E. Collect evidence & take photos
F. Interview witnesses, including children
G. Write comprehensive incident reports
H. _______________________
I. _______________________

8. A. Protect victims & witnesses (e.g. send
letter with safety plan)
B. Ensure offenders comply with terms of
sentence
C. _____________________
D. _____________________

9. A. Ensure child safety from neglect &/or abuse
B. Ensure family safety & stability
C. Comply with laws & dept. regs
D. ___________________
E. ___________________

10. A. Ethical advocacy of what victim wants –
unless good reason not to (discuss drugs,
batterer, revenge)
B. SAFETY PLANNING  with every contact
C. Economic Empowerment
D. Self-Esteem: the power of “self-talk” e.g.
*”I am the wonderful gift I seek.”
*”I can do anything I put my mind to.”
F. TEACH US!

11. 1. Engage in ON-GOING SAFETY PLANNING,
including self-care
2. Collect EVIDENCE of batterer’s abuse,
coercion, nonpayment child support, etc.
3. Speak to the COURT & batterer
4. Write to officials (see www.mincava.mn.edu)
5. Give legislative/hearing testimony
6. Be LEADERS in community groups

12.  requires bold & sustained action to advance
survivor’s opportunities and rights
 and to ensure that women can participate
and be heard.
 Includes:
1. What is your dream?
2. Education
3. Job training/procurement & retention
4. ___________________
5. ___________________
6. ___________________

13. 1. G.E.D. (Urban League & Comm. Colleges
free classes, then $95 fee for exam
2. Child Care
3. Transportation
4. Books, Supplies
5. Study
6. Mentor
7. Follow-Up
8. Ask for help when need it . . .

14. 1. TANF/ welfare for Family of 3
per mo: Miss $170 - TN $ 185 -
TX $213 - AZ. $247 - Ill. $396
MI $489 – MN. $532 - CA. $679
1. Plan: house + car + job training +
real job + counseling + medical
care + glasses (Lion’s Club) +
dentist + food.

15. Trained volunteers/
staff contact victims
at 1, 3, 6, 12 & 18
mo. for follow-up 
Ask:
1. Is it safe 4 U to talk?
2. Are you afraid?
3. How can we help?

16.  Volunteers document victim treatment in the
courts for civil, criminal & child support
proceedings.
 For Materials and information contact
BWJP 1-800-903-0111 or
www.bwjp.org

17. High-Risk
Survivors
Often
Need More
Help
Screen for
mental
health
issues
Warn
about
substance
abuse
Increases Victim
Safety!

18. 1. Criminal Record (Phoenix SEEDS Shelter)
2. Differently Able
3. Elderly
4. Gang-Involved
5. LGBT
6. Mental Illness
7. Mentally Impaired [Theresa Lewis + Brandy Holmes]
8. Sex Worker
9. Substance Abuse (Tulsa DVIS Shelter)
10. Undocumented

19.  We must have the humility to keep
asking, how we can do this better?
 What can we learn from victims,
offenders & our colleagues to STOP
DOMESTIC VIOLENCE?
 How can we stay accountable to
survivors?

20. • Welcome survivors
• LISTEN
• Do comprehensive
intake
• Act Responsively to
Needs/Concerns/Issues
• Create HOLISTIC
responses
• Share power, e.g. Teach
us how to collect
evidence

21. Race,
Ethnicity
&
Culture
Poverty
Gender
+
‘other’
Increases
Victim
Safety!

22.  Violation of Protective Order = criminal offense
 Often additional crime committed, e.g.
*Assault *Battery
*Sexual Assault *Harassment
*Murder *Destruction of Property
*Stalking *Arson
*Threats *Burglary
*Terroristic Threats
 How can you document these crimes?

23.  works to free women prisoners who were
convicted of murder
 but who acted in self-defense against abusers &
did not receive due process or fair trials; &
 to conduct public education & advocacy for
justice, human rights and humane alternatives
to incarceration for women.
 http://www.umich.edu/~clemency/

24.  ACTION PLAN FOR HOW TO STAY ALIVE
 AT HOME, WORK, SCHOOL, COURT
 CHANGE LOCKS
 AVOID WEAPONS
 PROTECTIVE ORDER TIPS
 PACK KEY DOCS & CLOTHES
 HOW TO COLLECT & PRESERVE EVIDENCE
www.abanet.org/domviol for free copies

26. 1. I am afraid for your safety.
2. I am afraid for your children’s safety.
3. It will only get worse.
4. We are here for you when you are ready.
5. You don’t deserve to be
abused.
6. How can I help?

27. WT is most common intimate
partner violence (IPV) & child
abuse crime, yet least raised,
charged, prosecuted &
sentenced.
 What is system response?

28. Terrifies
victims
Enables
guilty
offenders
to go free
Sabotages
hard-won
legal
gains
Decreases
Victim Safety!

29.  CUSTODY BLACKMAIL
 CHILD SUPPORT THREATS
 PROTRACTED LITIGATION
 STALKING, THREATS, ASSAULTS
 IMMIGRATION THREATS

30.  Endearments
 Pleas for Forgiveness
 Bribery/ Gifts
 Threats re: custody, physical harm
 New Assaults
 Court Manipulation
 Vexatious Over-Litiation
 3rd Parties Collusion

31.  Document all witness tampering!
 Letter to defendant and his lawyer outlining why
this conduct constitutes witness tampering,
obstruction &/or retaliation + attach copy of law
 If victim agrees, report crime to police & DA
 If very dangerous, discuss client moving or going
underground

32.  In response to WITNESS TAMPERING,
DOCTRINE of FORFEITURE by WRONGDOING
evolved as equitable remedy
 = if Defendant silences Victim (thru bribery,
threats, violence),
 then he LOSES Right to OBJECT to Victim’s
PRIOR STATEMENTS coming in at trial.

33.  “One who obtains the absence of a witness
by wrongdoing forfeits the constitutional
right to confrontation.” Davis
 Proof by a preponderance of evidence,
 Can use HEARSAY in forfeiture hearing.

34.  Jail mail - tell victims to save all!
 Jail calls – booking calls, esp. near court
settings
 Jail visitor logs - Did victim visit right after
served with subpoena?
 Past contact with same victim
 Victim Statements to friends, doctors,
therapists, co-workers, witnesses about fear.
 What else?

35.  Victim must be available for cross:
 Available = in the witness chair
 If victim “cannot remember”
= AVAILABLE
 If 6th Am right satisfied, then hearsay is
admissible without analysis under Crawford,
Davis & Giles

36. A. Giles v. Calf. (128 S.Ct. 2678 (2008)).
 if state wants to admit victim’s past
statements, must prove defendant’s
motive for murder was to silence victim.
 PROBLEM after Giles: Δs not only
INCENTIVIZED to make Victims
unavailable, but now REWARDED for doing
so . . . because LOSS of Victim statements
usually fatal to case.

37.  PRIOR ABUSE AS INTENT
 SCALIA: said @ end of Giles decision,
evidence of a defendant’s PRIOR ABUSE may
be admissible if it “EXPRESSED THE INTENT” to
prevent a victim’s testimony, “where such an
abusive relationship culminates in murder.”

38.  Justice Souter’s concurrence:
 intent to silence should be inferred with proof of
“CLASSIC ABUSIVE RELATIONSHIP”
 + argues that there is no basis to suspect
framers would have disagreed with the inference
that forfeiture’s requisite intent could be met
with evidence of a “classic abusive
relationship”.

39.  J. Souter adds, “If the evidence for
admissibility shows a continuing relationship of
this sort, it would make no sense to suggest
that the oppressing defendant miraculously
abandoned the dynamics of abuse the instant
before he killed his victim, say in a fit of
anger.” (emphasis added)
 . . . OF WHICH OBSESSIVE CONTROL IS A
HALLMARK TRAIT.

40. Prior Abuse as Intent
 Giles said, “Earlier abuse, or threats of
abuse, intended to dissuade the victim from
resorting to outside help would be highly
relevant to this inquiry, as would evidence
of ongoing criminal proceedings at which the
victim would have been expected to testify.”
(emphasis added)
 at 2693.

41.  Evidence of prior acts with the complaining
witness can directly bolster the complaining
witness's testimony by providing significant
corroboration;
 when used for such a purpose, this evidence
is admissible and not considered propensity
evidence.
 State v. Dietrich, 204 P.3d 748 (2009).

42.  Witness testimony regarding past incidents
of domestic violence between defendant
and victim was relevant to show absence
of mistake regarding victim's injuries.
 State v. Romero, 139 N.M. 386, 133 P.3d 842 (2006),
certiorari granted 139 N.M. 429, 134 P.3d 120, affirmed 141 N.M. 403,
156 P.3d 694, rehearing denied, certiorari dismissed 128 S.Ct. 976, 169
L.Ed.2d 799. Criminal Law 371(1)

43. 1. Accord and Satisfaction
2. Over-Litigiousness
3. Borderline Criminal Conduct
4. Relentless, Retaliatory
Harassment
5. Attorney Collusion
6. Non-violent terror (think Tony
Soprano)

44. Advocates and Survivors are at the table
Decision-making is joint
We Allow Criticism and Respect, Anger and
Frustration
We Don’t Retaliate Against Survivors and
Critics
*Teach us how to collect & preserve evidence!

45. •Focus Groups
•Exit Interviews
•Forums
•Dialogue Sessions
•Cross-Trainings

46. www.instituteforsafefamilies.org

47. sarah.buel@asu.edu