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WASHINGTON STATE COALITION AGAINST DOMESTIC VIOLENCE
Vol. 2, No. 1 Pages 33 – 48
Reform (rē’fôrm’)
About This Issue
tered women determines the in- bring up tough issues without
Webster's New World Diction- tegrity of our advocacy. Advo- alienating the individuals
ary tells us that reform is de- cates witness institutional be- needed for system change?
fined as " a correction of faults trayal of battered women. Ad- How can we ensure that our
or evils, as in government or vocates watch the court and am- program planning and collabo-
society; social or political im- plify the voices and experiences rative agreements are driven by
battered womens’ priorities?
“Has this strategy of reform ‘corrected the Avalon examines typical ex-
faults or evils?’” amples of collaborations be-
tween the criminal justice sys-
tem and advocates. She recog-
nizes the necessary and vital
provement." In this issue, we of battered women. We engage contribution advocates make on
are going to reflect on our work in advocacy to change the way behalf of battered women in de-
as reformers of the criminal jus- our culture perpetuates the manding criminal justice sys-
tice system. One strategy we abuse of women. tem reform, and she challenges
have used to achieve criminal us to ask ourselves, constantly,
justice system reform is col- She asks hard questions of us. where do we stand? Do we stay
laboration. Has this strategy of For example, in our daily inter- in one place? Who benefits the
reform "corrected the faults or actions with law enforcement, most? Which battered women
evils?" judges, prosecutors, court per- will be helped? Which battered
sonnel, probation, 911 call tak- women will be harmed?
I n t h e f ea t u re a r t i c le , ers, victim witnesses, and oth-
“Remembering Who We Work ers, how do we continually
For,” author and advocate
Stephanie Avalon reminds us INSIDE
that “effective advocacy, by
definition, is controversial.”
Avalon asks us to evaluate the Remembering Who We Work For . . . . . . . . . . . . . . . . . . . . . . . . 34
complex cooperative relation-
ships we have developed in our Battered Women and Judicial Responses . . . . . . . . . . . . . . . . . . 45
work for criminal justice sys-
tem reform while remembering And, Now What? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
that what we learn from bat-THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
Remembering Who We Work For
by Stephanie Avalon
Any advocate working within trate, this is a serious limitation.
the courts knows the justice However, as advocates have es- The practices themselves are
system continues to pose sig- tablished a more acceptable role not necessarily wrong but prob-
nificant challenges to battered for themselves, carving their lematic. Most often, they are
women attempting to access the own niche in the court system, based on the false assumption
system. Those challenges, and the harder it has become to per- that the goals of the criminal
the barriers that they create, are form our original function. For justice system are the same as
the very reasons why we began when we operate within a sys- our own.
advocating for women in the tem, we lose the perspective we
first place. Professionals, pri- gain if we could stand outside. -Teaming with the System-
vate attorneys, prosecutors, Different skills are required to Many communities across the
judges, court clerks and other challenge allies than to confront country have formed police/
personnel responded to domes- enemies. Some alliances advocate teams to assist victims
tic violence in ways that exacer- threaten to blur the distinction immediately following arrest.
bated, rather than confronted between advocates and the These crisis response or first
responder teams have been con-
figured in a variety of ways. In
“Different skills are required to challenge allies than to some areas, advocates ride
confront enemies. Some alliances threaten to blur the along with the police. In other
distinction between advocates and the criminal justice communities, the advocates are
system altogether.” paged and come to the scene
after police have secured the
area. Sometimes police hire ad-
women's entrapment. When we criminal justice system alto- vocacy staff, sometimes local
first entered the courts to sup- gether. For example, police/ advocacy programs employ ad-
port battered women's use of advocate teams responding at vocates for first responder posi-
the legal system our role as ad- the scene of a domestic assault tions. Support for these teams
vocates was essentially to chal- can give the impression that ad- is often greatest from the prose-
lenge the system. Advocates vocates serve law enforcement. cutor's office because of the be-
sought to bridge the gap be- Consider how that impression lief that immediate victim assis-
tween the system and the indi- would impact battered women tance can increase the victim's
vidual battered woman, to em- who did not want their partners willingness to cooperate with
power women, to make legal arrested or battered women who the prosecution.
options really accessible. Rec- themselves were charged with
ognized as the radical activists assault. Advocacy programs often agree
we were, advocates were not to participate in these teams be-
enthusiastically welcomed. Ac- Some Problematic Advocacy cause such strategies seem to
cess to information was fre- Practices hold the potential to reach vic-
quently denied and the right to tims at a critical time as well as
address the court limited. Over Practices that have grown out of provide a way for advocates
the years, programs have medi- alliances with the justice system and police to work more closely
ated systemic barriers, improv- are generally ones that use ad- together. Collaboration is more
ing relationships with the court vocates as service providers than a trend today; it is often a
and making advocacy services rather than agents of change. As requirement for funding. While
more available. the following examples illus- collaboration is not in itself a
34THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
bad idea, it does change the their advocacy role within their the criminal justice system are
playing field and advocates agency. Possibly, battered not immediately obvious to ad-
need to be aware of this and women perceive such advocates vocates or their agencies, de-
know how to respond. differently as well. spite the fact that many of the
problems are not new. Crisis
Mark Zaccarelli, staff attorney First responders can help sup- response teams have other po-
for The Battered Women's Jus- port and inform women so they tential conflicts. What happens
tice Project's civil office in Har- can make better choices. The when advocates realize police
risburg, PA was recently asked need for advocates arises partly response has been poor? What
to provide training on confiden- from a recognition that police if the identified victim is really
tiality for advocates who go out are not often able to be as sup- a batterer? Is the advocate
as first responders to the scene portive and informative as an available if both parties are ar-
of a domestic assault.¹ Pennsyl- advocate but also from a recog- rested? How does the advocacy
vania's first responder police/ nition that the criminal justice program monitor police re-
advocate teams span the entire system has its own agenda sponse when they become a
spectrum, with some advocates which may conflict with the part of it? Are first responder
riding along with police but safety planning of many teams really the best use of re-
most being paged after the women. Mark Zaccarelli noted sources and the best way to as-
scene is secured. The request to that some police officers prefer sist victims? What do local bat-
BWJP's civil office for training to consult with advocates rather tered women think?
was prompted by confusion than speaking directly with
about victims' confidentiality women. He discovered that the Good advocacy in first re-
with these advocates. Some ad- confidentiality waivers were sponder teams requires special
vocates correctly understood sometimes being obtained to skills and sensitivity to issues
that confidentiality still applied facilitate this more comfortable that may not be readily appar-
to these situations. Others rou- dialogue between advocates and ent, like the possible perception
tinely obtained waivers from police. However, indulging po- that the advocate is working
women in order to communi- lice in this preference further with the criminal justice system
cate with the police on the
woman's behalf. If victims'
want an advocate to communi-
cate with police, signing a
“Strong, pro-active measures are often necessary to pro-
waiver might be a needed step; tect women from the misguided help forced upon them
on the other hand, if advocates through their involvement in the legal system.”
are urging women in crisis to
sign waivers to facilitate their
own agenda, this is a problem. isolates battered women from rather than primarily for the in-
the system, and advocates dividual woman. No doubt
Police intervention does not should instead assist women in many programs succeed in
change the confidentiality stat- speaking for themselves. The these requirements. Still, the
ute in PA that governs commu- training on confidentiality led tendency to be assimilated into
nications between victims and to a re-examining of primary the criminal justice system's
advocates. What set of circum- advocacy goals. But wouldn't it agenda increases when advo-
stances led to such a potentially be better to examine these is- cates participate in arrange-
harmful misunderstanding? sues thoroughly before begin- ments like crisis response
Clearly, some advocates per- ning a new program? teams.
ceived their role when they re-
sponded to a crime scene in- Unfortunately, the conflicts -Replicating Model Programs-
volving police differently from arising from associations with Rather than respond at the
35THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
crime scene, some programs nated community response for sally appropriate or useful to all
initiate an advocacy response ten years and it hasn't worked." women all the time. Mandating
following arrest through ar- The advocate confessed to me the wrong service, or a good
rangements that provide advo- that this statement was so bla- service at the wrong time, only
cates access to police informa- tantly off base it rendered her sets women up for failure. Suc-
tion. The arrangements are part momentarily speechless. But cessful use of a service by a
of a "coordinated community when she tried to protest that woman ordered to it does not
response" having three goals: their system had never deserved justify this process.
improving the safety of battered that label the judge responded,
women, holding offenders ac- arguing, "Well, if we can't even Suppose your program is asked
countable, and creating a cli- establish a CCR in ten years, to provide a service which
mate in the community that de- we should try something else!" women will be ordered to use.
ters violence against women. And so it goes. Suppose the service is seem-
Programs that initiated CCR as ingly benign. For example,
a practice were informed by the Replications of these programs suppose your program is asked
experience of battered women are fraught with uncertainty. to provide "classes" for women
and their advocates. However, Replication itself is a misno- who are requesting dismissal of
innovative programs don't mer, since the process is seldom their orders for protection.
Many women need help explor-
ing other options and assessing
“While judicial authority governs issuance of ‘no con- their risks but don't seek your
program's services. Suppose
tact’ orders to defendants, as conditions of release, sen- the judge plans to tell these
tencing or probation, no authority exists to order women women that their order won't be
to classes.” dismissed unless they attend the
classes. Suppose a good rela-
tionship with this judge holds
emerge overnight full grown. replicated and the community the promise of improving the
They evolve through a compli- conditions are never the same. judicial response to many do-
cated process. The end result This said, a new program might mestic violence cases.
may work because of the local still be better than the existing
history, the personalities of the practices and worth trying, at Proposals such as this lay out
practitioners, the local culture, least experimentally, as long as the intended benefit right from
or many other reasons. safeguards are in place to moni- the start. In evaluating whether
tor the effort and guard against to agree, advocates should try
A program may even be pro- collusion or its appearance. to imagine the unintended con-
moted despite limited success People involved in planning in- sequences such a program
in its own community. And just novative policies or practices might have as well. For exam-
as the term advocate has lost should try to anticipate imple- ple, will some women be put in
some of its meaning through mentation problems and unin- immediate danger by not being
expanded use, so too, the grow- tended consequences. able to drop orders readily?
ing number of communities Will word of this requirement
claiming a coordinated commu- -Mandating Women to Services- lead to fewer women seeking
nity response renders the term Strong, pro-active measures are orders for protection? What
meaningless. An advocate I often necessary to protect women would be the most hurt
know recently told me that a women from the misguided by this program? Will your
judge in her community who help forced upon them through program appear more and more
wished to try restorative justice their involvement in the legal to be an arm of the system?
said to her, "we've had a coordi- system. No service is univer- And so forth.
36THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
learned that pre-empting the so-
cial worker by assisting bat-
“Often, programs funded by prosecutor's offices to
tered women in writing her own
‘assist victims’ assume the advocate will work with any "case plan" is far more effective
victim named in the police report, regardless of gender.” than allowing the social worker
to mandate services. For exam-
ple, a battered woman who is
governs issuance of "no con- attending a self-help group of
The judge who proposes classes tact" orders to defendants, as other battered women could put
of this kind presumably be- conditions of release, sentenc- that on her own case plan and
lieves women are lacking im- ing or probation, no authority have a better chance of success
portant information or under exists to order women to than if she were ordered to
coercion when they request dis- classes. Supporting a capri- "counseling".
missals. That may be true. It is cious abuse of judicial power
equally possible that dismissing hardly furthers the interests of Child Protection case plans
the order is the best decision a battered women. Always con- might require a woman "to ob-
woman can make at the time. sult with legal staff when evalu- tain" an order for protection.
A major tenet of advocacy for ating proposals like these. This assumes she can meet le-
battered women has been the gal requirements, that the order
recognition that battered In rejecting this proposal, advo- will be issued by the judge, that
women are themselves the best cates could suggest alternative it really protects, that the proc-
determiners of their lives. solutions to reach more women ess is accessible to all women,
While they may need informa- with information about protec- etc. A better way to phrase the
tion, they alone understand their tion planning. Perhaps advo- same issue would be to state
own risks. cates could inform women prior that the woman would file a pe-
to the court hearing. The courts tition seeking an order for pro-
But, apart from our advocacy could provide printed informa- tection or seek advocacy assis-
agenda supporting battered tion or videotapes for women to tance to explore that remedy.
women's choices, the judge learn more about their options Then the outcome, which may
does not have the right to deny when they file their petitions. not be in the woman's control,
the petitioner's request to dis- Perhaps this proposal could cannot be held against her.
miss her order. In a civil proc- spark an initiative to train
ess like obtaining orders for judges on the complexity of -Designating the Victim-
protection, the "case" belongs battered women's lives. When the battered women's
to the petitioner. Denying a pe- movement formed alliances
titioner the right to withdraw an
order for protection would be
like telling a couple that they “Since the patriarchy neither supports nor condones
had to get divorced once they
women's use of violence, women arrested for assault are
started the process. In contrast,
in the criminal process, charges treated more harshly and often suffer more conse-
are pressed or dropped by deci- quences than their battering partners.”
sion of the prosecutor, not the
victim, and conditions of re-
lease like "no contact" orders In another form of mandating with law enforcement and
are set by the judge. In setting services, "case plans" for bat- prosecution the underlying as-
conditions of release, the judge tered women are routinely writ- sumption was that male batter-
has jurisdiction over the defen- ten by Child Protection social ers would be arrested and
dant. While judicial authority workers. Advocates have charged. An unintended conse-
37THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
quence of mandatory arrest Advocates required to work Legal Options-
laws has been the increased ar- with male victims should learn When I worked as a legal advo-
rests of women. Some of these to identify such batterers. cate, I saw battered women
arrests are dual arrests. Some through the lens of the criminal
are women who were defending Instead of providing services justice system. Legal options
themselves or resisting abuse. for male "victims" advocates were the first options I saw, and
Often, programs funded by
prosecutor's offices to "assist
victims" assume the advocate “When I worked as a legal advocate, I saw battered
will work with any victim women through the lens of the criminal justice system.
named in the police report, re- Legal options were the first options I saw, and frequently
gardless of gender. the only ones.”
Program planners should antici-
pate conflicts about arrest and
charging decisions and push for should be seeking ways to assist frequently the only ones. When
policies allowing advocates battered women charged with I initiated contact with a woman
some discretion. Screening crimes. Battered women ar- following her partner's arrest, I
tools to assess the history of the rested for assault are often in was acutely tuned in to the spe-
relationship and the context of grave danger. Their behavior is cifics of "the case". Since the
the incident can help determine socially unacceptable, and they woman's partner, the defendant,
who is appropriate for their ser- are ill equipped to play the was due to appear in court for a
vices. criminal justice system's game bail hearing or arraignment, his
the way men so readily do. imminent release and the condi-
Advocates expected to work Many women plead guilty at tions the court could impose re-
with male victims need to be their first court appearance, garding release focused my at-
especially aware of the differ- hoping to shorten the process, tention. Women deserved to
ences between male and female end the shame, get it over with, know the process, what impact
use of violence. Women have and go home. These women they could have on the court's
difficulty using violence instru- need access to advocacy ser- decisions, and what would
mentally, as batterers do. Since vices more desperately than likely happen without their in-
the patriarchy neither supports most assault victims do. Be- put.
nor condones women's use of sides the fact that they may not
violence, women arrested for understand the system they face Many women chose not to par-
assault are treated more harshly as defendants, arrested women ticipate. I didn't get to know
and often suffer more conse- may be more reluctant to call those women very well. My
time, beyond initial contacts of
victims of assault, was spent
with women who were in-
“How can we work in and with the civil and volved.
criminal justice system and remain distinct and While I don't know all the rea-
separate from them?” sons women chose not to par-
ticipate in criminal prosecutions
of batterers, I do know that the
quences than their battering police to protect themselves, criminal process in the areas I
partners. Many batterers are especially if their own arrest re- worked was cumbersome, time-
becoming skillful at using the sulted from calling for help. c o n s u m i n g a n d v i c t i m-
laws meant to serve battered dependent. I am also aware, in
women to further abuse them. -Appearing to Promote retrospect, that in my effort to
38THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
present the legal options I knew developed by advocates in Du- women's value and status
of, such as civil protection or- luth, Minnesota, illustrates will have radical and far-
ders or participating in criminal these tactics. Battering is much reaching effects.³
prosecutions, I sometimes gave more than assault. Some bat-
the impression I was promoting tered women have never been The battered women's move-
these choices, despite my physically assaulted and some ment recognizes the cultural
knowledge of their limitations. women who are assault victims impediments to ending violence
are not battered women. Batter- against women. The Mission
This is a serious dilemma for ing is a systematic pattern of Statement of the National Coa-
legal advocates and a common violent controlling, coercive be- lition Against Domestic Vio-
problem in system advocacy. haviors intended to punish, lence names sexism, racism,
How can we work in and with abuse and ultimately control homophobia, classism, ageism
the civil and criminal justice the thoughts, beliefs and actions and other oppressions as foster-
system and remain distinct and of the victim. As such, it has ing battering by "perpetuating
separate from them? To avoid been fostered and supported by conditions which condone vio-
"buying into the criminal justice the dominant, patriarchal cul- lence against women and chil-
system's agenda while forget- ture. dren". The NCADV states its
ting our own" we need to first mission, therefore "to work for
know what we are talking Addressing the need to trans- the major societal changes nec-
essary to eliminate both per-
sonal and societal violence
“The battered women's movement relies on a gender- against women and children."4
based analysis, which says that violence against women (Emphasis added)
is the overwhelming social problem resulting from the
inequality of a sexist society. ” The battered women's move-
ment relies on a gender-based
analysis, which says that vio-
lence against women is the
about.² What is our agenda? form this culture, Donna Garske overwhelming social problem
has written: resulting from the inequality of
The Agenda of the Battered a sexist society. Creating safety
Women's Movement Successful efforts to elimi- for women is impossible with-
nate violence against women out challenging the cultural be-
The battered women's move- must be driven by an agenda liefs that support battering.
ment holds that the root cause that promotes the basic hu-
of battering lies not in individ- man right of women and The Agenda of the Criminal
ual pathology but in the cultur- girls as individuals (separate Justice System
ally supported belief that men from their roles as family
have the right to exert superior- members) to live free of har- Our legal system, in contrast,
ity over women through any assment, intimidation, and reflects the dominant culture's
means available. This gender- violence. Until this basic still prevalent gender neutral
based analysis has remained right is established and analysis, preferring terms like
central to the battered women's widely supported, the prob- "domestic violence" to "woman
movement. lem of men's violence toward abuse". The gender-neutral
women will continue. The view says violence in families is
Batterers use a wide variety of replacement of current so- equally destructive regardless
tactics besides physical vio- cial practices and beliefs of which gender commits the
lence in their relationships. The that deny this basic right violence, against whom, and
“Power and Control Wheel,” with those that elevate with what intent. This ignores
39THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
the context in which violence system are deeply implicated in beaten up, legal remedies had to
occurs, the pattern of abuse, and the abuse of women and chil- be found.
non-violent, abusive tactics bat- dren."6 The individual rights
terers employ to control their the system was designed to pro- And they were. In the past two
partners. Gender-neutral inter- tect, after all, were rights of decades, considerable progress
pretations of domestic violence, white men holding power in the has been made in legal reform,
like family violence theory, patriarchy. police and prosecution prac-
characteristically emphasize tices, and civil remedies to in-
women as family members Laws and practices in the legal crease options for battered
rather than as individuals enti- system have not only condoned women. Some communities
have coordinating councils on
domestic violence. Some have
“The gender-neutral view says violence in families is a more "coordinated commu-
equally destructive regardless of which gender commits nity response". At last, with
the violence, against whom, and with what intent. This the passage of the Violence
ignores the context in which violence occurs, the pattern Against Women Act, the fed-
eral government officially rec-
of abuse, and non-violent, abusive tactics batterers em- ognized the problem of domes-
ploy to control their partners.” tic violence in the best way our
government knows. It provided
funding.
tled to the same basic human violence against women but
rights as men.5 So, in as much also discouraged women from Unintended Consequences of
as the law holds gender- seeking relief through the Legal Reform
neutrality as its standard, the courts. To middle class, white
agenda of the legal system is feminists involved with battered Advocacy for battered women
fundamentally at odds with the women in the early days of our has a historical, philosophical,
agenda of the battered women's movement, reforming the legal and political context. As Loretta
movement. system seemed the logical thing Frederick, Legal Counsel for
to do. These women believed in the Battered Women's Justice
Paradoxically, while adhering the rule of law. (Many of them Project criminal office, has ob-
to a standard of gender neutral- were veterans of the civil rights served, however, legal reform
ity, the legal system exhibits movement and the anti-Vietnam always had its limitations.8
rampant gender bias in the prac- war protests.) Indeed, a basic The decision to push for legal
tice and application of the law. principle of advocacy is the be- reform was informed by people
Studies all over the country lief that our basic rights are who saw some of these limita-
have documented examples like "enforceable by statutory, ad- tions but failed to see others.
the one Ann Jones quotes, a ministrative, or judicial proce-
Georgia study from 1991 citing dures.”7 Quite simply, given In her excellent book, Divorced
a judge who "'mocked', the fact that women were being from Justice, Karen Winner ex-
'humiliated', and 'ridiculed' a
female victim of repeated as-
saults and 'led the courtroom in
laughter as the woman left.'
“Equitable distribution laws and ‘no fault’ divorce also
The woman's assailant--her es- result in a ‘terrible unpredictability’ in how the law is ap-
tranged husband--subsequently plied, giving attorneys and judges ‘enormous, unprece-
murdered her.'" Jones con- dented, direct power and control over women's and chil-
cludes, "the law and the legal dren's lives.’”
40THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
plains how the gender-neutral gal status in this country may options available to them.
standard in custody decisions be determined by her partner, These advocates organized
has led to a new double stan- and her fear that he will report shelters to provide safety for
dard instead of the fairness it her could discourage her from women in a culture blind to do-
promised. Equitable distribu- calling police. Deportation of mestic violence. Shelter advo-
tion laws and "no fault" divorce convicted batterers is a conse- cates, often volunteers, vali-
also result in a "terrible unpre- quence of no small significance dated the battered women's ex-
dictability" in how the law is in these communities as well. perience, helping them to un-
applied, giving attorneys and derstand they were not to blame
judges "enormous, unprece- Mandatory arrest laws, intended for their partner's violence or
dented, direct power and con- to hold batterers accountable their culture's failure to protect
trol over women's and chil- for their violence against them.
dren's lives."9 Working for the women, have resulted in in-
Battered Women's Justice Pro- creasing arrests of battered When legal reforms increased
ject, I receive calls from bat- women who may be using vio- civil and criminal options for
tered women every week whose lence to defend themselves or battered women, advocates re-
search for the justice in the civil as acts of resistance. Was the sponded. The court system is
or criminal justice system is criminalization of battered full of barriers. Advocates ac-
tragic. women the intention of these quainted themselves with the
laws? I don't think so. Prosecu- legal terminology and proce-
Currently, while stronger crimi- tors have a duty to seek justice dures to navigate women
nal sanctions against batterers that allows them discretion in through the system. Those ad-
have sometimes improved the who they charge. When a vocates often saw their goal as
safety of women and held of- prosecutor asks, "do you want working themselves out of a
fenders accountable, many me to treat women who use vio- job, for they knew their services
women have been frustrated by lence differently?" they are ap- to women would not be neces-
ineffective enforcement of their plying a gender- neutral stan- sary in a system that treated
civil orders, poor prosecution, dard in a system full of bias to women fairly. Court personnel
and a court system that colludes address a gender-specific prob- did not greet advocates very
warmly. Besides the obvious
fact that advocates were chal-
“When a prosecutor asks, ‘do you want me to treat lenging the social structure, the
women who use violence differently?’ they are applying a practice of law requires licens-
gender- neutral standard in a system full of bias to ad- ing and is carefully guarded by
dress a gender-specific problem.” the bar. Advocates who openly
spoke out in court, questioning
practices that endangered bat-
with batterers to keep women lem. tered women, risked being held
entrapped. in contempt. Gradually, advo-
A Call to Action cates learned the ropes, made
Even when batterers are con- allies, and established their role
victed, the cost may be much These current problems demand in the courts.
higher than the battered woman strong advocacy efforts, similar
anticipated. For example, the to the activism that character- While the justice system re-
perception that jail time will in- ized our work in the beginning mains a hostile work environ-
evitably be imposed discour- of the movement. The first ad- ment for many advocates, the
ages some women from using vocates were often battered presence of advocates is toler-
the criminal justice system. A women themselves, angry about ated, as long as we work within
battered immigrant woman's le- their situation and the limited established parameters. Unfor-
41THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
tunately, gaining acceptance their talents in a racist, homo-
has become for some programs Social Change versus Social phobic, classist culture. Regard-
a short-term goal supplanting Service ing other battered women as
the system-changing goal of the "sisters" or "women" rather
battered women's movement. In their book, Safety Planning than "clients" advocates model
When legal advocates, espe- for Battered Women,10 the au- equality.
cially in large urban systems, thors use the term advocates to Working in the legal system
you tend to see legal choices.
But, battered women need as-
“However, battered women's programs originally hired sistance beyond the next court
advocates to work with women, rather than clients.” appearance. A decision to avoid
the criminal or civil justice sys-
tem may be as valid as a deci-
have specialized, some working mean anyone whose job could sion to use it. Housing, educa-
only on felony cases, some only put them in contact with bat- tion and employment also pose
on misdemeanors, and still oth- tered women who need to as- barriers for some women, as
ers in family or civil courts, it's sess their own risks. These ad- well as alcohol and drug use,
no accident that the specializa- vocates could be social work- mental health problems, physi-
tion has followed the hierarchi- ers, child protection workers, cal disabilities, criminal histo-
cal culture of the court system. health care professionals, edu- ries, racism, culture and immi-
When advocates have been cators, or counselors. Certainly gration issues. Thorough risk
granted "privileges" like speak- I hope that professionals who analysis illuminates this com-
ing in court and access to files, work with battered women will plexity of women's lives. Advo-
the system has demanded a read Safety Planning for Bat- cates can help women become
price. The appearance of collu- tered Women. I hope they will safer and make informed deci-
sion with the system is one see that they can advocate for sions for themselves. The deci-
price. The hesitancy to chal- the needs of their clients. And I sion to stay may be the best de-
lenge and agitate is another. hope they do so with the cision, informed by careful risk
The power and prestige of the woman-directed approach out- analysis. ¹¹
courts is very seductive and ad- lined by Jill Davies, Eleanor
vocates are not immune. Lyons, and Diane Monti- Community based advocacy
Catania. programs should be available to
Meanwhile, the courts have assist women with safety plan-
sought increasingly to employ However, battered women's ning, independent of the prose-
their own staff to work with programs originally hired advo- cutor's office because battered
victims. cates to work with women, women are still victimized by
Today, victim witness staff pro- rather than clients. The bat- the criminal justice system.
vide many services for battered tered women's movement ac- Advocacy in the battered
women. The public perception tively seeks to employ advo- women's movement involves a
of advocacy has been compli- cates who are formerly battered commitment to confront these
cated by the employment of women and/or women of color injustices. Advocacy, as Knitzer
"advocates" by hospitals, police because their life experience says, is "inherently political."¹²
and prosecutors and by advo- and understanding of the issues Let's own that and avoid, as
cates who work for battered has taught us the truth about Sullivan and Keefe warn,
women's programs but are battering. The battered women's "diluting the term advocacy to
funded jointly by police or movement is committed to anti- the point that it loses all mean-
prosecutors through collabora- oppression work of all kinds ing.”¹³
tive grants. and recognizes that many barri-
ers prevent women from using Getting the System to join our
42THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
Movement fact, a part of the current bat- and prosecutor training, and
tered women's movement. And even better policies within
System people can and do take she also said that recognizing agencies, the justice system
the lead in many communities their place within the move- fails again and again to provide
in addressing domestic vio- ment is vital not only to these safety to victims of domestic
lence. In Duluth, the lead people but also to the move- violence. Ellen Pence examines
agency for their Coordinated ment itself, because, as the so- the causes of this in her disser-
Community Response is the cial problem is mainstreamed, tation "Safety for Battered
Duluth Police Department. In the role of the advocate must Women in a Textually Medi-
Madison, Wisconsin, it's the change. I agree that system ated Legal System". Rewritten
District Attorney's office. Suc- based advocates belong in the as a more user friendly, practi-
cessful system responses usu- battered women's movement. cal manual, "The Duluth Safety
ally require the system players Embracing their role in the big- and Accountability Audit, A
to depart from traditional roles ger issue is bound to improve Guide to Assessing Institutional
or practices. their ability to work with indi- Responses to Domestic Vio-
vidual women and to advocate lence" describes how the
In Sacramento, California, the for changes. In many places, "conceptual underpinnings" of
Sheriff's department embraced a system based advocates are the the legal system shape how
community policing orientation only advocates and thus may be laws and policies are carried out
in establishing the Domestic the sole connection some bat- in practice. Structural problems
Violent Response Teams
(DVRT) to do follow-up inves-
tigative work using police/ “Advocacy, as Knitzer says, is ‘inherently political.’
advocate partners. I spoke with
Debbie Jacobson, one of the ad-
Let's own that and avoid, as Sullivan and Keefe warn,
vocates from Women Escaping ‘diluting the term advocacy to the point that it loses
a Violent Environment (W.E.A. all meaning.’”
V.E.) who worked with police
for several years as a DVRT ad-
vocate.14 Debbie said the pro- tered women make to the whole contribute to the system's fail-
gram takes "a unique brand of network of available resources. ure to provide safety to victims
law enforcement officer and a and hold offenders accountable.
unique brand of advocate". She The mission of the battered The system is slow, frag-
credits the Sheriff's department women's movement was never mented, and incident focused,
with mandating officers to work to create bigger and better bat- while battering relationships
on the victim's quality of life, i. tered women's programs or to pose immediate threats, are
e. safety, rather than the specif- institutionalize victim assis- complex, and involve a pattern
ics of the "case". In this pro- tance. Historians can argue of ongoing abuse. 15
gram law enforcement has where we were as a social
joined the battered women's movement twenty or fifty years System advocacy that scruti-
movement. from now. But today, we still nizes how cases are processed
have much work to do. Current cannot be done by the court
Speaking recently at a seminar remedies are woefully inade- system itself. Perhaps, as more
given for advocates, Donna quate. Using the courts is still services for victims are pro-
Garske of Marin Abused a nightmare for many women vided by system based practi-
Women, Marin County, CA, and not even an option for oth- tioners, battered women's advo-
suggested that those people cur- ers. cates should assume more of
rently employed in any capacity the functions of monitors or
to help battered women are, in Despite all the new laws, police auditors. I have spoken with
43THE A
A--FILES (the truth is in here) October 1999
representatives of various court women describe the court proc- perspective. American Journal of Or-
thopsychiatry, 46(2), pp. 200-216.
watch programs across the ess as dehumanizing, reinforc- 8
Frederick, Loretta, "The Evolution of
country and they all agree that ing their entrapment, patroniz- Domestic Violence Theory and Law Re-
court watching alone produces ing and further isolating them, form Efforts in the United States", 1998.
9
Winner, Karen, Divorced from Justice,
change. ignoring their children, and de- Regan Books, 1996, pp. 53-54.
nying them safety, then we 10
Jill Davies, Eleanor Lyons, and Diane
Improving responses to domes- need to respond accordingly. Monti-Catania, Safety Planning for Bat-
tered Women, Sage 1997.
tic violence requires continued 11
Jill Davies, Eleanor Lyons, and Diane
efforts from activist advocates. Our role as advocates demands Monti-Catania, Safety Planning for Bat-
The role of advocacy has passion, courage, and leader- tered Women, Sage 1997.
12
Knitzer, 1976.
evolved. The criminal justice ship. Effective advocacy is 13
Sullivan and Keefe, Evaluations of Ad-
system, like all institutions, re- controversial, by definition. It vocacy Efforts to End Intimate Male Vio-
sists change. But working in is exciting and sometimes risky. lence Against Women, http://www.vaw.
umn.edu/vawnet/advocacy.htm.
the system changes us. To find We must resist being absorbed 14
August, 1999 conversation with Debbie
out how, we need to look in the by the very institutions we set Jacobson, Inter-Tribal Council of Califor-
mirror. We must continually out to change. Violence against nia, Sacramento, California.
15
Ellen Pence and Kristine Lizdas, The
Duluth Safety and Accountability Audit,
MPDI 1998, pp. 14-17.
“Perhaps, as more services for victims are provided by _____________
system based practitioners, battered women's advocates Stephanie Avalon, is an advo-
should assume more of the functions of monitors or cate with The Battered
auditors.” Women’s Justice Project,
Stephanie responds to questions
regarding legislation, law en-
re-examine our own policies women is a social problem. forcement, prosecution, sen-
and ask if they are really help- Therefore, advocacy in the bat- tencing, probation, batterers’
ing battered women. Do our tered women's movement must programs, coordinated commu-
programs validate the experi- be driven by strategies to pro- nity/court programs, and victim
ence of battered women or fur- mote social change. advocacy programs. She as-
ther isolate and silence them? sists in providing technical as-
Do our programs support advo- ¹ Phone conversation with Mark Zac- sistance to VAWA grantees, vis-
carelli, June 1999.
cates who confront the system, 2 its grantee programs to evalu-
"Common Errors Made by Domestic
or do they silence them? Does Violence Programs While Doing Systems ate their progress, and provides
excluding some women from Advocacy" from SEEKING JUSTICE: specific advocacy training.
our services further their op- Legal Advocacy Principles and Practice Prior to joining BWJP, Stepha-
PCADV 1992, Section III-pp. 44.
pression? And doesn't this ex- 3
Garske, Donna, Transforming the Cul- nie advocated for battered
clusion further oppress all ture: Creating Safety, Equality, and Justice women within the courts doing
women? for Women and Girls, Chapter 13 of Pre- both direct service and system
venting Violence in America, Editors:
Hampton, Jenkins and Gullotta, Sage, advocacy. She provided train-
Could it be that when battered 1996.
4
ing to advocates, court person-
women use systems like the Mission Statement as it appears in the nel and law enforcement.
conference manual for the 8th National
courts, they risk upsetting all Conference & 20-Year Anniversary of Stephanie can be contacted at:
the strategies they have used to NCADV.
5
Battered Women’s Justice Pro-
adapt and survive in exchange Garske, Transforming the Culture: Creat- ject, 4032 Chicago Ave South,
ing Safety, Equality, and Justice for
for outcomes that are, at best, Women and Girls, Chapter 13 of Prevent- Minneapolis MN 55407. (800)
uncertain? For advocates to ing Violence in America, Editors: Hamp- 903-0111. 8
have any credibility with bat- ton, Jenkins and Gullotta, Sage, 1996.
6
Ann Jones, Next Time She'll be Dead,
tered women they need to listen 1994 Beacon, pp. 36-37.
to them. And if battered 7
Knitzer, J.E. (1976) Child advocacy: A
44THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
Battered Women and Judicial Responses
In his book, Battered Women in Abuse Intervention Project remains for advocates in terms
the Courtroom: The Power of (DAIP) in Duluth, Minnesota. of system reform and advocacy
Judicial Responses, James Pta- This educational tool illustrates for battered women. Ptacek's
cek examines the exercise of the many tactics abusers use to work and wheels provides ad-
judicial authority over battered maintain power and control vocates with a useful founda-
women and its impact on their over their intimate partners. tion for education and collabo-
attempts to resist and escape Following the Duluth model, ration in the criminal justice
violence. In the chapter, Ptacek provides examples of system.
"Disorder in the Courts: Batter- how judges, "intentionally and
ing and Judicial Responses," unintentionally, may be rein- ¹ Ptacek, James. , "Disorder in the Courts:
Battering and Judicial Responses" in book
Ptacek analyzes how judges af- forcing the power of men who Battered Women in the Courtroom: The
fect women seeking restraining batter, and thus furthering Power of Judicial Responses (Boston:
orders. He reveals the "ways women's entrapment."² Northeastern University Press, 1999) ,
172.
that judges, wittingly and un- ² Ptacek, Battered Women in the Court-
wittingly, reinforce the power Ptacek's wheels, "Judicial Re- room: The Power of Judicial Responses,
of batterers" by examining re- s p o ns e s t h a t R e i n f o r c e 173.
³ Ptacek, Battered Women in the Court-
straining order documents, ob- Women's Entrapment" and room: The Power of Judicial Responses,
serving the court, interviewing "Judicial Responses that Em- 174-176.
battered women and judges. He power Battered Women,"³ de- _____________
then moves his discussion pict the best and worst of judi- James Ptacek is Assistant Pro-
"ways that judges, empower cial responses to battered fessor of Sociology at Suffolk
battered women."¹ women. The gulf between the University, where he is also on
"Judicial Responses that Rein- the faculty of the master’s pro-
The following pages include force Women's Entrapment" gram in criminal justice. 8
two figures based on the and the "Judicial Responses that
"power and control wheel" Empower Battered Women"
model created by the Domestic wheels show how much work
45THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
NEGLECTING COURTROOM
WOMEN’S FEARS INTIMIDATION
Ignoring women’ fears • Inattention to the impact of
lack of safe waiting a courtroom on victims •
areas in courthouses • bureaucratic and indifferent
lack of treatment of abused
BLIND- coordination women •failure to
with police and provide women with
NESS TO probation • information
ECONOMIC Inadequate about CONDESCEND-
ASPECTS OF training of Court their legal ING OR HARSH
BATTERING personell options
DEMEANOR
Ignoring women’s requests Patronizing displays of
for child support and authority • harsh or hostile
restitution • bias against remarks • racist attitudes
women on welfare JUDICIAL toward women of color • bias
RESPONSES against unmarried women
THAT
COLLUDING WITH REINFORCE
FURTHERING
WOMEN’S
VIOLENT MEN ENTRAPMENT WOMEN’S ISOLATION
Unwillingness to impose sanctions
Failure to provide advocates •
on batterers • showing greater
lack of resources for non-English
concern for defendants than for
speakers • lack of resources for
women seeking
deaf and disabled women •
protection • joking
lack of coordination
and bonding with MINIMIZING,
NEGLECTING with Community
defendants DENYING resources
THE NEEDS & BLAMING
.
OF CHILDREN Mirroring batterers’
Failing to see how actions by making light
batterers manipulate of the abuse • saying
women through their the abuse didn’t
children • lack of happen • saying she
concern for safety of caused it • making her
children • no space feel guilty • saying it’s
in courthouse jusy a “lover’s
for children quarrel”
James Ptacek, Battered Women in the Courtroom, 174.
46THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
PRIORITIZING MAKING THE
WOMEN’S COURT
SAFETY HOSPITABLE TO
Asking about women’s ABUSED WOMEN
fears • asking about Providing a separate
weapons • restraining order
confiscating weapons • office • informing
training court women of their legal
personnel on opinions • providing
ADDRESSING battering • making translators • making
the building handicap SUPPORTIVE
THE ECONOMIC space for women to
wait for hearings accessible JUDICIAL
ASPECTS OF DEMEANOR
BATTERING Listening to abused
Asking whether women women • asking
need child support • questions • looking women in
connecting women with the eye • recognizing the
community resources around JUDICIAL complexity of women’s
housing and financial RESPONSES circumstances and choices
THAT
IMPOSING EMPOWER
SANCTIONS ON BATTERED CONNECTING WOMEN
VIOLENT MEN WOMEN
WITH RESOURCES
Imposing sanctions for Providing advocates for
violating for violating court battered women • developing
orders • refusing to joke relationships with shelters,
and bond with violent batterers’ programs, and
men • correcting community services
institutional bias FOCUSING ON TAKING THE
towards men THE NEEDS OF VIOLENCE
CHILDREN SERIOUSLY
Demonstrating Communicating
concern for the safety through words and
of children • making actions that the court
space in the will not tolerate
courthouse for battering •
children • recognizing encouraging women to
the effects of battering return to the court if
they need to
James Ptacek, Battered Women in the Courtroom, 176.
47THE A
A--FILES (the truth is in here) October 1999 Reform (rē’fôrm’)
And, Now What?
As an individual advocate working to educate one person or in a committee developing policies, there are
several useful “guideposts” to keep in mind when you are engaging in collaborative work in the criminal
justice system:
Does this Action or Policy:
⊗ Deny the experience and autonomy of battered women;
⊗ Screen cases out of the intervention process based on misinformation from the offender;
⊗ Fail to hold the offender accountable;
⊗ Blame the victim for the violence or for failing to end the violence. ¹
⊗ Include consultation with battered women.
Additional questions:
⊗ How could this policy be used against victims by the system, by the batterer?
⊗ How will this policy be monitored and evaluated?
⊗ What message will your policy send to the victim, to the batterer, to the “coordinated community re-
sponse collaborators?”²
____________________
¹Adapted from "Batterers’ Programs: Shifting From Community Collusion to Community Confrontation,” by Ellen Pence, Domestic Abuse
Intervention Project, Duluth, MN, 2/88, (218)-722-2781.
² Denise Gamache, Battered Women’s Justice Project, presentation "Navigating a Tough Course: Advocacy and Collaboration," The Next Mil-
lennium Conference: Ending Domestic Violence, August 29 - September 1, 1999, Rosemont, Illinois.
Publication and Reprinting WSCADV
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The A-Files is produced by the Suite 103
Washington State Coalition Against Lacey, WA 98516
Domestic Violence (WSCADV). For
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ported by funding from the Washing-
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Points of view in this publication are
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partment of Social and Health Ser-
vices.
The contents of this publication may
be reprinted with permission of the
Washington State Coalition Against
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Coalition Against Domestic Violence,
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