Print 05-104 DVC AR 002sccounty01.co.santa-cruz.ca.us/da/dvc/DVC_2004_Report.pdfjustice system....

2004

� Battered Women’s Task Force� Batterer’s Treatment Provider� Chief Probation Officer� City of Santa Cruz Commission for the Prevention of Violence Against Women� Community Clinic Coalition� County Administrative Officer

� District Attorney� Dominican Hospital� Family Law Bar of Santa Cruz County� Family Mediation Service� Health Services Agency� Human Resources Agency

� Law Enforcement Chiefs Association� Public Defender� Representative of the Gay/Lesbian/Bisexual Community� Representative of the Latino Community

� Senior’s Commission� Sheriff-Coroner� Superintendent of Santa Cruz County Office of Education� Superior Court Judge� Survivor of Domestic Violence� Sutter Maternity and Surgery Center of Santa Cruz

� Walnut Avenue Women’s Center� Watsonville Community Hospital� Women’s Commission � Women’s Crisis Support~ Defensa de Mujeres

SANTA CRUZCOUNTYDOMESTIC VIOLENCE COMMISSION

2004 Annual Report to the Community

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2 SANTA CRUZ COUNTYDOMESTIC VIOLENCE COMMISSION

There has been a 23% decrease in the number offelony DV arrests by LEAs and a commensuratedecrease in the number of DV felony cases filed bythe DA (28%). There has also been a 22% decreasein the number of emergency protective ordersobtained by LEAs.

The number of children in the home where a DVincident was reported county wide has decreasedbetween 11% and 28% when compared to 2003.In the Courts, there has been a 33% decrease inthe number of permanent restraining orders grantedcompared to 2003.

The DV Commission has five goals asmandated by the Santa Cruz CountyCode Chapter 2.118:� Help increase coordination between agencies,

departments and the courts, and with victims ofdomestic violence and abuse;

� Promote effective and accessible education,prevention, intervention and treatment techniques which will be developed based upon research and data collection;

� Seek to improve the response to domestic violence abuse so as to reduce incidents of domestic violence;

� Examine issues relating to domestic violence and make recommendations in regard to administrative and legislative action to be taken by the Boardof Supervisors;

� Establish a committee from among the membership,with the addition of a representative of the officeof the Santa Cruz County Counsel, as specified byPenal Code Section 853.6(a), to develop protocols for use by law enforcement officers and recommendadoption of said protocols to the Board of Supervisors.

The DV Commission hopes that the annual publica-tion of this report to the community will continue toprovide this much needed information to the publicas we strive to live in a community free of domesticviolence.

I want to thank the many people who wereresponsible for contributing to developingthis report:

Alan Hiromura, David Rabow, Donna Lind, Fred Nohr,Jo Anne Myall, Joanne De Los Reyes, Linda Starnand Tod Connor. We owe special thanks to MikeLee and Jason Solis from Dominican Hospital’sCommunications & Marketing Department.

At the bottom of the pages, you will find the refer-ence to Santa Cruz County women who have losttheir lives at the hands of abusive partners. Thesewomen paid the ultimate price. We wish to keeptheir memories in the forefront as a reminder to all.

THE HONORABLEBOB LEEDistrict Attorney,Santa Cruz County

On behalf of theSanta Cruz DomesticViolence Commission(DVC), I am pleasedto present the 2ndannual DVC’s Reportto the Community forcalendar year 2004.The Santa Cruz County Domestic ViolenceCommission recognizes that domestic violence is aserious social problem and is dedicated to its elimina-tion from our community. Through collaborativeefforts, the Commission develops and recommendseducation, prevention and intervention policies thathold batterers accountable and ensure safety andsupport for victims including children and survivors.As a Commission, we need to continue to better edu-cate our community in domestic violence issues andto more effectively support its victims. We believethat all people have a right to a life free of violence.

This second report will enable the Commission andthe community to begin to see trends and changes inreporting of domestic violence, how our local advocacyagencies are being used and how our legal agenciesrespond to domestic violence. Domestic violencecontinues to be under-reported to law enforcement,but our statistics indicate that there has been a sig-nificant increase (58%) in the number of clients ofadvocacy agencies that also report their incident tolaw enforcement agencies. In addition, in Santa CruzCounty there has been 24% increase in the numbersof victims that are being assisted by advocacy agencies.

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DV InterventionPrograms & ProbationMARY SIMONIPacific Treatment Associates

JENNY SARMIENTOFamily Services Agencyof Pajaro Valley

BARBARA DAVIESFamily Services Agencyof Pajaro Valley

TIM MAYOALTO Counseling

RC PADILLAALTO Counseling

JODI HARVEYSimply Your Best

LINDA PEREZPajaro Valley Preventionand Student Assistance

JENNY SARMIENTOPajaro Valley Preventionand Student Assistance

JUDITH COXProbation

JULIE LANGLEYProbation

DA’s Office &Superior CourtTHE HONORABLEBOB LEEDistrict Attorney

FRED NOHRChief of Administration

ERIC SEIBAdministrative Services Officer

JEAN JORDANAssistant District Attorney,Family Protection Unit

SYLVIA NIETOVictim/Witness AssistanceProgram Manager

THE HONORABLETHOMAS KELLYFamily Court JudgeSuperior Courts

LILY HEREDIADomestic Violence CourtCoordinator, Civil Courts

STEPHEN CARLTONDomestic Violence CourtCoordinator, Civil Courts

Family & ChildrenServicesDON ALLEGRIActing Director, Family &Children Services Division

JULIA SHEEHANInformation TechnologySupport, Family & ChildrenServices Division

Advocacy AgenciesDEE O’BRIENWalnut Avenue Women’s Center

JENNIFER ROSEWalnut Avenue Women’s Center

CELIA ORGANISTAWomen’s Crisis Support~Defensa de Mujeres

JOANNE DE LOS REYESWomen’s Crisis Support~Defensa de Mujeres

JANET SEMINERIOWomen’s Crisis Support~Defensa de Mujeres

MEGHAN VAUGHNWomen’s Crisis Support~Defensa de Mujeres

PATRICIA GILBERTSONFamily Matters

Law Enforcement &Death Review TeamCHIEF RICHARD EHLECapitola Police Department

LORRIE WILSONCapitola Police Department

CHIEF HOWARD SKERRYSanta Cruz Police Department

MARGARET MACHISanta Cruz Police Department

SHERIFF MARK TRACYSC County Sheriff-Coroner

SHERIFF STEVE ROBBINSSC County Sheriff-Coroner

HEATHER HARRISSC County Sheriff-Coroner

CHIEF MICHAEL ALUFFIUCSC Police Department

LINDA WOLFEUCSC Police Department

CHIEF STEVE LINDScotts Valley Police Department

PAT HARDINGScotts Valley Police Department

CHIEF TERRY MEDINAWatsonville Police Department

EVANGELINA ACOSTAWatsonville Police Department

CHIEF RANGER RALPH FAIRFIELDCalifornia State Parks

JOANNE DANIELSONCalifornia State Parks

SENIOR DEPUTY HARBOR MASTERDON KINNAMONSanta Cruz Harbor Patrol

DEPUTY HARBOR MASTERALEX PRINCESanta Cruz Harbor Patrol

DETECTIVE PATRICK DIMICKDeath Review Team

We would like to thank the following agencies and individuals fortheir participation in gathering data for this report:

Table ofContentsLow Tolerance for DV KeepsAdvocacy Agencies Busy

Law Enforcement: A SteadfastPartner in Fighting DV

2004 Child DomesticViolence Witnesses

Domestic Violence Posesa Balancing Act for DA

Courts See Decreasein Permanent Orders

CO

NTR

IBU

TOR

S

3

6

8

10

13

The cover image was developed by teensfrom Watsonville High School, New Schooland the YWCA for last October's DomesticViolence Awareness campaign, sponsoredby the Women's Crisis Support~Defensade Mujeres. The theme was “fear and dis-respect does not equal healthy relation-ships.” The final image was designed byartist Tom Trujillo.

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Advocacy agencies experienced a 24% increase inclients from 2003, attributing the spike to increaseddomestic violence awareness in our community.Tolerance for domestic violence has lessened andwomen are increasingly reaching out and seekingservices. Meanwhile, advocacy agencies and theirservices have increased visibility and referrals fromagencies like Child Protective Services, CountyHealth Services Agency and local resources centershave grown.

2004 saw the average number of first-time DVclients decrease by 50%. However, most clientsare not first-time victims. Accessing services usuallycomes after two or more incidents. It is rare that awoman seeks assistance after the first incident asdenial and shock are still overwhelming.

LOW TOLERANCEFOR DV KEEPS ADVOCACYAGENCIES BUSY

DOMESTIC VIOLENCE ADVOCACY AGENCY CLIENTS RECEIVING SERVICES2003 & 2004

2003

1,087

METHOD OF CONTACT

Phone Crisis line In person

2,117

2004 20032004 20032004

1,723

2,500

2,000

1,500

1,000

500

0

NUM

BER

OF C

ONTA

CTS

1,897

654 639

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2004IN MEMORY OF LETICIA CORONADO, 1963-1999; MICHELLE FAVELA, 1972-1992; CECELIA F. ROCHA, 1960-1990

Women’s Crisis Support~Defensa de Mujeres

During 2004, Women’s Crisis Support~Defensa deMujeres (WCS~DdM) experienced a 13% increasein client load and a slight drop in Crisis Line calls.

There has been a significant increase in the numberof WCS~DdM clients making domestic violencereports to law enforcement agencies. This may bethe result of the merging of WCS~DdM’s CrisisIntervention and Legal Programs. Clients nowreceive crisis intervention, peer counseling andlegal assistance services from one worker, withouthaving to transfer between departments. This hasmade the process easier for clients, and seems tohave increased client reliance on the criminal justicesystem. Although the number of permanentrestraining orders granted to clients assisted byadvocacy agencies has declined from last year, theincrease in criminal reporting has resulted in manyclients benefiting from criminal protective orders,minimizing the need for civil restraining orders.

In 2004, the total number of women andchildren served at the agency’s emergency shelterincreased by over 20%. Requests for shelterincreased by 48%; however, many of theserequests were from women who did not meetthe agency’s domestic violence emergency sheltercriteria. The local housing problem has probablycontributed to this increase of ineligible applicants.

The number of advocacy agency clients reportingtheir domestic violence incident to law enforce-ment agencies increased by 58% in 2004. This,too, can be attributed to lower tolerance andvictims support reporting.

Sheltered clients were slightly more common in2004, and the number of needy clients who couldnot be provided with shelter was 80% higher thanthe previous year. A contributing factor could bethat helping agencies track the total number ofpeople seeking shelter—not only victims of DV.Also, denials could have been due to victims’ notmeeting specific shelter criteria. This increase ismore of a reflection of the local housing problem.

In an effort to understand the overall statisticseach agency described its internal trends.

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IN MEMORY OF KATHRYN NOWELL, 1954-1996; KATHLEEN TIFFANY, 1972-1997; YAN ZHEN, 1970-1999

Walnut Avenue Women’s Center

Walnut Avenue Women’s Center saw a 42%increase in the number of participants in 2004.

This increase can, in part, be attributed to the devel-opment of partnerships with local family resourcecenters. These partnerships have increased thenumber of women and children seen both on- andoff-site. They have also built trust with and in staffand advocates at other centers, which has increasedreferrals to Walnut Avenue Women’s Center programs.

The Walnut Avenue Women’s Center’s effectiveoutreach efforts to both underserved andunserved populations resulted in almost 20%increase in its Latina participants. This goal wasaccomplished by hiring bilingual and biculturalstaff, increasing monolingual Spanish speakingservices and improving cultural competency.

The Center’s outreach efforts have brought in newparticipants, increasing awareness and knowledgeof the greater community. The Center has receivedan increase in calls from concerned family members,friends, teachers, members of the faith community,community leaders, and neighbors asking for supportand resources for family and friends.

CATEGORY

Clients receiving services

2,500

2,000

3,000

3,500

4,000

4,500

1,500

1,000

500

0

NUM

BER

OF C

LIEN

TS3,623

2004 2003

4,494

DOMESTIC VIOLENCEADVOCACY & LAW ENFORCEMENT2003 & 2004 YEARLY STATISTICS

2004

CATEGORY

Clients reporting to law enforcement

250

200

300

350

400

150

100

50

0

NUM

BER

OF C

LIEN

TS

251

397

20032004

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Family Matters

Since Family Matters is not gender-specific anddue to lack of available services for males withother agencies, Family Matters in 2004 experienceda significant increase in male clients seeking assis-tance in regards to female perpetrators. FamilyMatters receives regular referrals of male clientsfrom the Family Law Facilitator's Office and fromthe Court Clerk’s Office. Certainly there are overallfar more female domestic violence victims thanmales, but there appears to be more male victimsthan traditional statistics might indicate. Out ofnecessity, Family Matters has had to developexpertise with male client issues.

Family Matters’ overall numbers increased by45% in 2004, despite decreased funding. But thedecreased funding has resulted in fewer staff andhigher caseloads. Lack of available funding hasrequired Family Matters to take a more focusedapproach to assisting clients.

In 2004, Family Matters saw fewer clients whoexperienced domestic violence for the first time,attributing the trend to the pattern of victims enduringmultiple incidents prior to seeking services.

The Victim Witness Center

Housed in the District Attorney’s office and fundedsolely by state funds, the Victim Witness Centerprovides services to victims of all violent crimes.It was established over 20 years ago by a mandateof the California Penal Code. The Center has longrecognized the physical, emotional and financialtoll crime takes on the victim, the victim’s familyand the community.

The Center’s staff strives to reduce trauma byproviding information, assistance and support tovictims in their interactions with the criminaljustice system. The Center is staffed by advocatesand claims specialists.

Advocates work to support the victims and to protecttheir rights through crisis intervention, emergencyassistance, referral to community agencies, coun-seling, orientation to the criminal justice system,court escort, case disposition information, andother services. Victims of domestic violence arereferred to local community-based organizationsfor support groups, childcare and other services.

Claims specialists process the claims filed locallywith the California Victim Compensation Program,available to all victims for financial compensationof non-reimbursed, crime-related losses. Victimsof domestic violence most commonly utilize thecompensation program for mental health, medicaland relocation expenses. Claims specialists workclosely with local providers to assist the victims.The specialists’ role is to verify the expenses andsources of reimbursement.

In 2004, contacts with victims of domestic violencedecreased due to the reduction in staff as a resultof decreased state funding. The number of domesticviolence victims applying for relocation assistancealso decreased, due to policy changes at the statelevel that require additional documentation andemphasize relocation immediately after the crime.In addition, limits on mental health benefits wereadopted in 2003, requiring victims to utilize all othersources of reimbursement—insurance, MediCaland other public programs—prior to utilizing thecompensation program.

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For 2004, the Santa CruzCounty Sheriff’s Office,Capitola Police Department,Scotts Valley Police Depart-ment, Santa Cruz PoliceDepartment, WatsonvillePolice Department, CaliforniaState Parks, University ofCalifornia Santa Cruz PoliceDepartment and Santa CruzHarbor Patrol examines fiveaspects of domestic violence.The California Highway Patrol did not collect data,as they do not handle domestic violence calls.These cases are referred to the Santa Cruz CountySheriff’s Office.

Law enforcement agencies wereasked how many:� Total domestic violence incidents were reported?

� Felony domestic violence arrests were made?

� Misdemeanor domestic violence arrests were made?

� Emergency Protective Orders were obtained?

� Children were living in the home where domesticviolence was occurring?

With only two years of tracking statistics, therehas been insufficient time to determine an actualpattern of variances between law enforcementagencies. However, it was discovered that theSanta Cruz Police Department statistics werehigher than the other LEAs because they wereincluding information that was not being reportedby other law enforcement agencies. This anomalywill be corrected in 2005.

In 2004, the Santa Cruz County law enforcementcommunity logged 23% fewer arrests for felonydomestic violence and recorded 22% fewer emer-gency protective orders than in 2003. Note that thenumber of people contacting advocacy groups fordomestic violence conversely increased in 2004.

From reviewing restraining orders, law enforcementagencies determined that residents in 2004 appearedto be contacting advocacy groups and obtainingrestraining orders prior to the situation becomingphysical and requiring LEA intervention.

“This would tend to indicate that awareness hasbeen raised in the county and that people knowhow to contact advocacy agencies for assistanceand are taking protective steps before the situationbecomes violent,” says Scotts Valley Police SergeantDonna Lind. “There is also an indication that spousesare learning that a report to law enforcement meansan automatic arrest of the offender.”

“This can be both positive and negative. The positiveis that the word is getting out to the public that areport means an arrest of the suspect. The negativeis that victims are failing to report due to psycho-logical and economic issues.”

LAW ENFORCEMENT:A STEADFAST PARTNERIN FIGHTING DV

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2004IN MEMORY OF PATRICIA HEATHCOTE. 1948-2000; JESSICA SHERIDAN, 1985-2003; JUDY SANCHEZ, 1961-1997

DOMESTIC VIOLENCE LAW ENFORCEMENT AGENCIES2003 & 2004 STATISTICS

2004 2003

NUMBER OF CONTACTS

Felony arrests

Incidents

Misdemeanor arrests

EPOs

Child witnesses

20032004

20032004

20032004

20032004

1,000800 1,2006004002000

311

405

391

397

20032004

982

1,151

262

337

569

836

MET

HOD

OF

CONT

ACT

Domestic Violence Was Not Alwaysa Law Enforcement Issue

In the not-so-distant past, domestic violence was viewed as a“family” problem, something in which the public and law enforce-ment should not meddle.

In 1985, Penal Code section 273.5 was adopted as law inCalifornia, specifically identifying domestic violence as a criminalact that no longer required a victim to make a citizen’s arrestagainst a batterer.

Legislation continues to be an ongoing element of domesticviolence intervention, with laws enacted each year to addressthe issue. Some of those laws passed in the past three yearsinclude: SB 1894—assists with funding of programs addressingdomestic violence; AB 1915—expands the definition of domesticviolence to include minors who have not been emancipated; SB1745—requires collaboration with agencies in their responses tohomes where children reside and domestic violence is occurring;and SB 1505—requires Child Protective Service workers toreceive training on violence within the context of dating.

All the laws pertaining to domestic violence enactedsince 1970 in California can be viewed at theseWebsites:

www.purpleberets.orgwww.snbw.orgwww.caadv.orgwww.justicewomen.comwww.sccbw.orgwww.sen.ca.gov/sor/whats-new/whatsnew.htp

In 1995, a countywide policy was adopted to address specialissues involving domestic violence. The policy spells out specifictasks that each agency should perform. This protocol is in itssecond revision following further legislative action to help curbdomestic violence.

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IN MEMORY OF MARIANA ZAVALA, 1977-1992; RENEE MATSON, 1922-1993; KAREN ROZA, 1939-1990

For comparison purposes, the State describes the rate of children in a home wheredomestic violence is occurring as the number of affected children per 1,000 population.The rate for the unincorporated areas of Santa Cruz County in 2004 was 7.6, Scotts Valleywas 7.5, Santa Cruz City was 18.1, Capitola was 2.9 and Watsonville was 8.8. (Note thatScotts Valley last year reported a 25 per 1,000 rate because they were using a broaderdefinition of domestic violence that included verbal incidents as well.)

Countywide, the reported rate of children living in a home where domestic violence isoccurring is a little less than 9 children per 1,000. This means that about 540 children throughoutthe county are living in a home where domestic violence is occurring. This number is only areflection of those cases where law enforcement was called and where the officer noted thenumber of children living in the home. Assuming that the number of incidents of violence isgenerally under-reported, and that in reported cases the officers sometimes did not know tolook for children or were not able to identify children being in the home, the actual numberis likely higher.

The 2003 rate was almost 14 per 1,000, so the number appears to have decreased in 2004.While one possibility is that there is less violence occurring in homes with children, otherpossibilities include under-reporting and decreased emphasis on capturing this data by lawenforcement agencies due to reduction in grants and training.

A second measure of the number of children witnessing domestic violence is obtained fromChild Protective Services (CPS). CPS receives notification of cases with domestic violenceoccurring in the home from law enforcement agencies and other sources. However, for thisreport, only those referred by law enforcement agencies are included. In 2004, CPS receivedon average one new case a day from this county. CPS tracks the number of families, not thenumber of children living in each house. Comparing 2003 and 2004 CPS statistics, a similarslight decrease was noted in 2004 from 399 cases, to 354. This decrease of 11% is less thanthe 32% decrease noted by law enforcement agencies.

2004 CHILDWITNESSES OFDOMESTIC VIOLENCE

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RATE PER 1,000 CHILDREN AGES 0-17

Santa Cruz

Watsonville

Scotts Valley

Capitola

Coutywide

20032004

20032004

20032004

20032004

2520 30151050

18.06

19.01

Unincorporated County20032004

7.64

10.04

7.51

24.49

2.85

7.41

9.42

13.83

JURI

SDIC

TION

S

Source: Extrapolated from monthlydata submitted by law enforcementto the DV Commission,January-December 2003 & 2004

2003

8.84

17.022004

ANNUAL RATE OF CHILDWITNESSES TO DOMESTIC VIOLENCEIN SANTA CRUZ COUNTY YEARLY TOTALS2003 & 2004 STATISTICS

2004 2003

Differences could be explained by multiple children living in a homewith domestic violence—a decrease by one family would decreaseCPS stats by one but would decrease law enforcement data byhowever many children were in that home.

The effect of witnessing domestic violence by children continues tobe a great concern and a frustrating area to study. The DomesticViolence Commission is on an important path to help identify thiscomplicated issue. Investigators in this area have described thedifficulties of limited funds, inconsistent definitions, and the undeter-mined effect of contributing factors to inconsistent information suchas size of family, age of parent, amount of other violence in thehome and the child’s overall health. However, the importance ofgetting information from partnerships with law enforcement,advocacy agencies and Child Protective Services is obvious. Onlywith these groups talking to each other will patterns emergeand solutions present themselves.

Former prosecutor David Rabow, now an attorney with Women’sCrisis Support~Defensa de Mujeres, described the frustration ofseeing a child from one of his criminal cases showing up for servicesas a victim: “To see the cycle of violence repeating itself just breaksyour heart,” he says. “You know that you did the best you could, butstill we, as a community, failed to break that cycle. And now a youngwoman with her own child is experiencing the same domesticviolence that she witnessed as a child.”

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Cases sent to DA

Felonies

Misdemeanors

Unable to Prosecute

20032004

20032004

20032004

20032004

1,000800 1,2006004002000

NUMBER OF CASES

1,061

990

182

253

481

447

398

290

CATE

GOR

IES


For 2004, the Santa Cruz County District Attorney’sOffice received approximately 1,061 domesticviolence referrals, of which 663 were filed on—182felonies, and 481 misdemeanors.

The Family Protection Unit of the District Attorney’sOffice was staffed by five prosecutors in 2004. Oneof four operational units in the District Attorney’sOffice, the Family Protection Unit prosecutes casesinvolving domestic violence, as well as child abuse,non-familial stalking and elder abuse. Domesticviolence cases include acts of violence, harassment,spousal stalking and violations of restraining orders.

Case referrals come into the DA’s office from locallaw enforcement agencies, and most filing decisionsare made immediately. All cases are evaluated withregard to victim safety issues.

The decision to file a case is multi-faceted. Firstand foremost, the prosecutor has an ethical obligationto prosecute only cases that can be proved at trialbeyond a reasonable doubt. In reaching their decision,prosecutors look at issues such as existence andseverity of injury; credibility of parties involved;intoxication levels; history of domestic violence(reported and unreported); and children in thehome. The office operates under the philosophythat every case is treated equally, whether amisdemeanor or felony.

DOMESTIC VIOLENCEPOSES A BALANCINGACT FOR DA

DOMESTIC VIOLENCE DISTRICT ATTORNEY FILINGS2003 & 2004 STATISTICS

2004 2003

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2004IN MEMORY OF JOAN CROSS, 1947-1989; ELAINE JAUQUEZ, 1959-1989; ROBIN PERKINS, 1961-1998

After a decision is made to file charges, all casesare assigned to a prosecutor who follows the casefrom arraignment to sentencing. The goal of verticalprosecution is to give the victim consistent informationand support, and to be certain that an accuratehistory of the case is made available to the court.

Family Protection Unit prosecutors work in conjunctionwith District Attorney inspectors to conduct thefollow-up investigation necessary to support convictionvia plea bargain or court trial or jury trial.

In addition, the DA’s Victim Services Advocatesassist victims with financial and emotional recovery.Strong working relationships with outside agenciesassist in making the system as responsive to thevictim as possible. A “soft” waiting room in theDistrict Attorney's office was completed in 2003,providing a safe and comfortable area for victimsand witnesses outside of the courtroom. Pagers arealso provided to give additional flexibility to victimsand witnesses who must often wait long periods oftime for their appearances at court proceedings.

In the early stages of the case, the Family ProtectionUnit attempts to contact the victim to ascertain ifthere are safety issues, and directs them as neededto appropriate agencies for counseling and otherassistance. It is common for DV victims to be hostiletowards authorities. Family Protection Unit prosecutorsand inspectors are aware of the socioeconomic andpsychological issues behind this behavior and striveto develop working relationships with all victims.

There are a number of tools that can be used toachieve prosecutorial goals even if the victim ishostile. Law enforcement agencies are encouragedto audiotape conversations with victims andphotograph injuries at the scene. Videotapedinterviews with victims and/or children and witnessesare even better, since video captures the nuancesof complex family dynamics and can assist inreaching plea bargains in the early stages ofprosecution. Video can also assist the prosecutionin a case at trial.

Negotiating the appropriate sentence for perpetratorsis complex. It is necessary to balance the safety ofthe victim and the community against the need toattempt to rehabilitate the perpetrator, because thelikelihood that the perpetrator will return to the familyis high. The goal of the Family Protection Unit is toseek the maximum sentence the law will allow forrepeat offenders.

Program statistics for calendar year 2004 are basedon full year data from the District Attorney’s new,enhanced case management system that wasimplemented in April 2003. It is anticipated thatfuture year data will be more consistent to allowfor better comparison and analysis.

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IN MEMORY OF DEBBIE MACKAY, 1959-1998; NINA LIEBMAN, 1957-1995; PATRICIA JENKINS, 1953-1997

NUMBER OF ORDERS ISSUED

EmergencyRestraining Orders

TemporaryRestraining Orders

PermanentProtective Orders

20032004

20032004

20032004

500400 600 73002001000

262

337

587

601

149

221

TYPE

S OF

ORD

ERS

For 2004, the number of people applying for a Temporary Restraining Order(TRO) was relatively unchanged, from 601 last year to 587 this year. The numberof Permanent Restraining Orders (PRO) granted decreased from 221 to 149,or only 25% of those seeking a TRO end up having a PRO granted.

Usually, a permanent order was not granted because the petitioner did notfollow through with the process. Do people find the process too difficult? Arethey being intimidated or threatened by their abusers? Do they believe thesystem won’t really help them? Do people may find that the cooling off periodgained by a temporary order is sufficient and simply do not feel the need forpermanent protection? More data is needed.

Stephen Carlton, Domestic Violence Calendar Coordinator, reads almost everyrestraining order that comes through the Santa Cruz Courts. It is his perceptionthat over the past year, the requests reflected fewer instances of seriousphysical violence and more instances of emotional abuse. This could implythat more victims are getting the message: restraining orders are available formany forms of abusive behavior.

A significant number of people continue to obtain TROs with the assistance ofan advocacy agency. In 2004, advocacy agencies helped file over 26 TROs amonth, a slight decrease from 30 per month in 2003. The percentage of allTROs filed with the assistance of an advocacy agency decreased from about54% in 2003 to 47% in 2004.

The Superior Court processes all applications for protective orders filed underthe Domestic Violence Prevention Act. Paperwork is received, a file created andtaken to a judge for immediate review. Assuming a temporary order is granted,notice is then sent to the Sheriff’s Office for entry into the statewide database.

COURTS SEEDECREASE IN PERMANENTORDERS

DOMESTIC VIOLENCE COURT ORDERS 2003 & 2004 STATISTICS

2004 2003

EMERGENCY PROTECTIVE ORDERS (EPO)Obtained at the time of the incident by a law enforcement officer, approved by a judge and effective for a period of five days.

TEMPORARY RESTRAINING ORDERS (TRO)Obtained by the victim during a court process, approved by a judge and time limited.

PERMANENT RESTRAINING ORDERS (PRO)Obtained by the victim in a court process, approved by a judge and valid for extended periods of time.

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2003

CATEGORIES

New participants Continuing participants Completed participants Terminated participants

2004 20032004 20032004 20032004

250

300

350

400

450

200

150

100

50

0

NUM

BER

OF P

ARTI

CIPA

NTS

348

405

330

375

159

228249

222

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Intervention Programs Important Component of Abuser’s Probation

Conditions of probation in domestic violence abuse cases can include incarceration,individual therapy, expanded search and seizure, drug testing or restitution. In most cases,the defendant is also ordered to complete a 52-week intervention program. At the time ofsentencing, the defendant is given instructions to both report to the Probation Departmentand sign up for an intervention program within five days of sentencing. Regular court reviewsmonitor intervention program participation and overall progress on probation.

Penal Code Section 1203.097 allows participants 16 months to complete a program. A leaveof absence may be granted for valid reasons, such as family emergencies, medical issues,military duty and work-related travel. Participants can be discharged as “Failed-to-Complete”for failure to pay program fees, violating substance use policies, incurring a new offense,transferring to another program, moving out of the county or absconding from the jurisdiction.

The 2004 yearly statistics show that approximately 23% of all participants graduated fromprograms. It is difficult to determine an appropriate yearly graduation rate for several reasons,such as clients entering programs at any time during the year and the varying lengths oftime that it takes to complete the program.

In winter 2004, Family Services North County discontinued its women’s intervention group,and those participants were transferred to Simply Your Best. Family Services of Pajaro Valleyclosed in summer 2004. All participants were transferred to other programs with no break inservice or change in facilitator.

PROBATION/DOMESTIC VIOLENCEINTERVENTION PROGRAMS

DV INTERVENTION AGENCIES YEARLY TOTALS2003 & 2004 STATISTICS

2004 2003

The Santa Cruz County Probation Departmentworks closely with:� Family Services Agency� Family Services Agency of Pajaro Valley� Pacific Treatment Associates� Simply Your Best� Alto/Fenix Counseling� Pajaro Valley Prevention and Student

Assistance (PVPSA)in helping to ensure the client follows allterms of probation and remains violence free.

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District AttorneyThe average number of felony DV cases filed by the DAeach month decreased by 28 percent when comparedto 2003. This closely correlates to the 23 percentdecrease in felony DV arrests by law enforcement.

CourtsThe percentage of permanent restraining ordersgranted when compared to temporary restrainingorders filed in 2004 decreased by 31 percent whencompared to 2003. Most times, when the process wasderailed it was because the victim did not follow through.

Batterers ProgramsThe County Probation Department works with thevarious intervention programs, which are mandatoryfor anyone convicted of domestic violence. The numberof batterers graduating from DV interventionprograms decreased by 30 percent when comparedto 2003 statistics, reflecting the downtrend inarrests/prosecution.

For complete report data, or for further informationon the Commission, visit our Website at:

www.co.santa-cruz.ca.us

.AdvocacyThe average number of clients that received servicesfrom advocacy agencies increased by nearly 25 percentwhile police intervention decreased about the sameamount. Thanks to diverse programs and outreach,advocacy agencies continue to be the first respondersfor more DV victims. In some cases, service levelsincreased despite funding cuts to advocacy agencies.In 2004, the need continued to outpace the supply oftransitional housing options for victims.

Law EnforcementThe total number of felony DV arrests made by LEAsdecreased by 23 percent when compared to 2003.Experts attribute the drop not to decreased violence,but to the integral, intervening role of advocacyagencies and the sufficiency of a civil restrainingorder in most cases.

Data indicates that the various law agencies that inter-view victims of domestic violence still have not adopteda uniform way of generating domestic violence statistics.

Child WitnessesThe number of children living in a home where a DVincident has occurred decreased countywide 11-28percent when compared to 2003. It remains difficult tocollect information on how many children are impactedby domestic violence because standard methodology isstill being developed.

The data compiled for 2004 gives a sketch, but certainly not the whole landscape, of domesticviolence in Santa Cruz County last year. Thanks to the narratives provided by our allied agencies, theDomestic Violence Commission hopes this annual report gives the background that supports the details.

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