Domestic violence summit-- PPO statistics present puzzling picture

By John Minnis Legal News Over the past five years, one measure of domestic violence -- personal protection order filings -- has fallen by more than half in Wayne County. The problem is court and family agencies don't know why. "Is there less domestic violence in Wayne County?" Family Division Judge Richard Halloran, Jr. asked a score of members of the "domestic violence community" during a working lunch Tuesday, Feb. 16, at Wayne County Circuit Court. "I know the population is dropping. What's happening?" Those in attendance included Wayne County Family Division Judges Charlene M. Elder and Connie Marie Kelley, 36th District Judge Ruth Carter, employees of the Wayne County offices of the Friend of the Court, prosecutor, clerk and health and human services and representatives of numerous family protective agencies, including ACCESS (Arab Community Center for Economic and Social Services), ETRS (Education Training Research Services), Serenity Services, First Step, Turning Point, Looking For My Sister, Michigan Coalition Against Domestic and Sexual Violence, COTS and the YWCA. Also present were representatives from the University of Detroit-Mercy School of Law and Wayne State University Law School. Also in attendance was Henry Baskin, who introduced himself as "just a lawyer." In fact, Baskin was principal author of Michigan's Child Custody Act of 1970, was chairperson of the state's Domestic Violence Task Force and was instrumental in bringing about the use of PPOs to protect endangered spouses and children. Baskin, of Birmingham, became involved in the domestic violence community in 1995 when one of his clients was killed after she had been denied a PPO. "I went to Gov. Engler and volunteered to write a domestic violence law," he said. "At the time, everyone denied there was domestic violence. They called it a family dispute. It passed." Halloran called the group together to hear "how we are doing and what can we do differently." A deep and productive discussion followed. He wondered why five years ago there were 14,000 PPO filings in Wayne County. Last year there were 9,000. One luncheon attendee credited the bad economy for the drop in filings. Women have no place to go, she said, so they stay put. "PPOs may be down, but domestic violence is not," she said. Another said the bad economy does not cause domestic violence. She said more women are calling her hotline for help, but they are not leaving their domicile. A woman from the Wayne County prosecutor's office pointed out that women lose confidence in PPOs when police fail to respond. "There's still a feeling among some police that this is something used by vindictive people rather than by someone fearing their life," said another. One representative from Macomb County questioned the practice of the sheriff's department charging a fee for serving PPOs. She said a third party can serve the PPO, but that can be dangerous. Halloran pointed out that by law, courts cannot charge a fee for filing a PPO. "We meet the letter of the law, not the spirit of the law," said one woman from the Wayne County prosecutor's office. "I've never heard of a sheriff's department doing it for free." Halloran said some states do more than grant a PPO. They also grant custody and support. "They offer full protection," he said. Baskin observed that many times victims of domestic violence are victimized a second time -- in the courts. "They are put on the defensive," he said. "They have to justify something they did years and years ago." He further pointed out the hardships involved for a woman seeking a PPO, not to mention the costs -- $12 for parking and $6 an hour for a sitter. Baskin asked what type of tracking of PPOs was being done. Halloran pointed out that the court has no idea what the PPO violation rate is. No one is tracking that information. Judge Ruth Carter said 36th District Court developed a system in 2007 of one court, one judge for domestic violence offenders. She also questioned the practical use and cost of tethers for PPO defendants. According to those in attendance, tethers can cost some $24 a day. Carter further observed that the district court has no idea what the circuit court is doing. "If you have someone who violated a PPO, we don't know it," she said. "The computers don't talk. That's a big problem. There's no way we can communicate with circuit court." There is further exacerbation when the two courts have conflicting orders. Circuit court may grant visitation rights while district court issues a restraining order. Which takes precedent? Those in attendance seemed to agree that the more protective, more restrictive order should govern. Judge Connie Marie Kelley, who was elected to the bench in 2008, said she is concerned that victims of domestic violence were not getting support and follow through. "My biggest issue with this is that it seemed to me that we give these people PPOs and say goodbye and good luck," she said. "We don't get them out of the cycle of violence." Halloran announced Wayne County Circuit Court is seeking a solution-based domestic violence prevention grant that may help provide more staffing and tracking. "This is not the day for solutions," he said. "We will meet many more times. We have a lot of groundwork to do." Baskin ended on a positive note. "I didn't think this would all happen within a span of 15 years or so," he said. "We now have police officers understanding that it is not just a family dispute." Published: Thu, Mar 4, 2010

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