S a n ta Cruz County Domestic Violence Commission 2003 Report to the Community

Santa Cruz County DomesticViolence Commission Members:Battered Women’s Task ForceBatterers Treatment ProviderChief Probation OfficerCity of Santa Cruz Commission for the

Prevention of Violence AgainstWomen

Community Clinic CoalitionCounty Administrative OfficerDistrict AttorneyDominican HospitalFamily Law Bar of Santa Cruz CountyFamily Mediation ServiceHealth Services AgencyHuman Resources AgencyLaw Enforcement Chiefs AssociationPublic DefenderRepresentative of the

Gay/Lesbian/Bisexual CommunityRepresentative of the Latino

CommunitySeniors CommissionSheriff-CoronerSuperintendent of County Office of

EducationSuperior Court JudgeSurvivor of Domestic ViolenceSutter Maternity and Surgery Center of

Santa CruzWalnut Avenue Women’s CenterWatsonville Community HospitalWomen’s Commission Women’s Crisis Support~Defensa de

Mujeres

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On behalf of the Santa Cruz County DomesticViolence Commission (DVC), I am pleased topresent the DVC’s Report to the Community for cal-endar year 2003.

This is the first year that we have published this typeof report, in the hope of providing a baseline assess-ment of domestic violence in our county. The DVC isdedicated to the elimination from our community ofthe serious social problem of domestic violence. Webelieve that all people have a right to a life free ofviolence.

Domestic violence continues to be under-reported tolaw enforcement. In Santa Cruz County in 2003, lessthan 22% of the clients served at domestic violenceservice agencies had reported the incident to a lawenforcement agency. The US Department of Justiceestimates that only about half of domestic violenceincidents nationwide are reported to police. The mostcommon reasons are that victims view the incidentas a personal or private matter, they fear retaliationfrom their abuser, and they do not believe that policewill do anything about the incident.

Battered women’s fears and beliefs are not unfound-ed. Efforts to escape abuse can provoke violent retal-iation. The American Bar Association Commission onDomestic Violence notes that if a woman leaves herbatterer, “her risk of serious violence or deathincreases dramatically.” As can be seen from SantaCruz County statistics, 69% of domestic violenceincidents reported to county law enforcement agen-cies resulted in arrests, and about 36% resulted inprosecutions. This county is addressing this issue by

encouraging collaboration between domestic vio-lence support agencies and law enforcement, and byproviding training to law enforcement officers whorespond to domestic violence calls.

Through collaborative efforts, the DVC develops andrecommends education, prevention and interventionpolicies that hold batterers accountable and ensuresafety and support for victims, both survivors andchildren. As a commission, we need to better edu-cate our community in domestic violence issues andto more effectively support its victims.

We have five goals as mandated by the Santa CruzCounty Code Chapter 2.118:

• Help increase coordination between agencies,departments and the courts, and with victims ofdomestic violence and abuse;

• Promote effective and accessible education, pre-vention, intervention and treatment that will bedeveloped based upon research and data collec-tion;

• Seek to improve the response to domestic vio-lence abuse so as to reduce incidents of domes-tic violence;

• Examine issues relating to domestic violence andmake recommendations in regard to administra-tive and legislative action to be taken by theboard of supervisors; and

• Establish a committee from among the member-ship, with the addition of a representative of theoffice of the Santa Cruz County Counsel, asspecified by Penal Code Section 853.6(a), todevelop protocols for use by law enforcementofficers and recommend adoption of said proto-cols to the board of supervisors.

I hope you will support our efforts, and I encourage

you to participate actively on one of the many boardsand committees that strive toward a future free ofviolence.

I want to thank the many people who were respon-sible for contributing to developing this report: KimAustin, Paula Gammell, Nancy Goodban, AlanHiromura, JudgeThomas Kelly, Laurie McWhorter,Jo Anne Myall, David Rabow, Abbie Robideaux,Jennifer Rose and Linda Starn. We owe specialthanks to Dominican Hospital and its Communi-cations and Marketing Department.

We recognize that 95% of domestic violence victimsare women, and a much smaller percentage aremen. While no exclusivity is intended, throughoutthis report we will refer to only women as victims.

At the bottom of each page you will find reference toSanta Cruz County women who have lost their livesat the hands of abusive partners. These women paidthe ultimate price. We wish to keep their memoriesin the forefront as a reminder to all.

Mark TracySanta Cruz County Sheriff

A BA S E L I N E AS S E S S M E N T O F DO M E S T I C VI O L E N C E F O R YE A R 2 0 0 3

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TA B L E O F CO N T E N TS

Advocacy Groups Create Support System for Individuals, Families Damaged byDomestic Violence 2

Law Enforcement Continued Its Pivotal Role 5

Child Witnesses to Domestic Violence Become What They See 7

Taking the Violent Perpetrator to Court Falls to DA’s Family Unit 9

Restraining Orders Were Daily Duty for Court 10

Domestic Violence Intervention (Batterers’)Programs Integral Part of Offender’s Probation 12

Batterer’s Programs and ProbationMary Simoni, Pacific Treatment AssociatesEileen Cavalier, Family Services AgencyJenny Sarmiento, Family Services Agency of Pajaro

ValleyBarbara Davies, Family Services Agency of Pajaro

ValleyTim Mayo, Alto CounselingJodi Harvey, Simply Your BestLinda Perez, Pajaro Valley Prevention and Student

AssistanceRachel Rodriguez, Pajaro Valley Prevention and

Student AssistanceJudith Cox, ProbationJulie Langley, ProbationDA’s Office and Superior CourtThe Honorable Bob Lee, District AttorneyFred Nohr, Chief of AdministrationJean Jordan, Assistant District Attorney, Family

Protection UnitSylvia Nieto, Victim/Witness Asst. Program ManagerThe Honorable Thomas Kelly, Family Court Judge,

Superior CourtLily Heredia, Domestic Violence Court Coordinator,

Civil CourtStephen Carlton, Domestic Violence Court

Coordinator, Civil CourtFamily and Children ServicesFrancine Nickell, Director, Family & Children Services

DivisionDon Allegri, Acting Director, Family & Children

Services DivisionJulia Sheehan, Information Technology Support,

Family & Children Services Division

CO N T R I B U TO R S

Advocacy AgenciesJennifer Rose, Walnut Avenue Women’s CenterCelia Organista, Women’s Crisis Support~Defensa de

Mujeres Carolina Jimenez, Women’s Crisis Support~Defensa

de MujeresMeghan Vaughn, Women’s Crisis Support~Defensa

de MujeresPatricia Gilbertson, Family MattersLaw Enforcement and Death Review TeamChief Richard Ehle, Capitola Police DepartmentSharon Presco, Capitola Police DepartmentLorrie Wilson, Capitola Police DepartmentChief Steve Belcher, Santa Cruz Police DepartmentChief Howard Skerry, Santa Cruz Police DepartmentMargaret Machi, Santa Cruz Police DepartmentSheriff Mark Tracy, SC County Sheriff-CoronerHeather Harris, SC County Sheriff-CoronerChief Michael Aluffi, UCSC Police DepartmentLinda Wolfe, UCSC Police DepartmentChief Steve Lind, Scotts Valley Police Dept.Jeannette Roland, Scotts Valley Police Dept.Pat Harding, Scotts Valley Police Dept.Chief Terry Medina, Watsonville Police Dept.Captain Kim Austin, Watsonville Police Dept.Detective William Barrett, Watsonville Police Dept.Chief Ranger Ralph Fairfield, California State ParksJoanne Danielson, California State ParksSenior Deputy Harbor Master Don Kinnamon, Santa

Cruz Harbor PatrolDeputy Harbor Master Alex Prince, Santa Cruz

Harbor PatrolLieutenant Terry Parker, Domestic Death Review

TeamSergeant Phil Wowak, Domestic Death Review Team

The DVC would like to thank the following agencies and individuals for their participation in gathering data forthis report:

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2 Santa Cruz County Domestic Violence Commission 2003 Report to the Community

Women impacted by domestic violence facemany barriers: fear for their personal safety,financial and housing worries, medical needs, loveloss, and concerns about the effect their choiceshave on their children.

Unfortunately, these challenges can be further nega-tively impacted because not all victims currently turnto the systems set up to respond to the needs andsafety of families.

There was disparity in 2003 between numbers of vic-tims served by agencies and reports generated bylaw enforcement, clearly indicating that not all inci-dents are being reported. There isalso disparity between victimsserved by agencies and those whonever seek any services.

Those involved in advocacy effortsin the county hope that through out-reach, education and awarenessthey will be able to create a safeand supportive community for allfamilies impacted by domestic vio-lence.

Walnut Avenue Women’s Center,Women’s Crisis Support~Defensade Mujeres, Family Matters, VictimServices, and the advocacy programat the Santa Cruz City PoliceDepartment are among the agen-cies in Santa Cruz County respond-ing to the needs of families. Theseagencies participate in facilitating a

community response to families impacted bydomestic violence by creating a system of supportservices for battered women and children in thecounty, including:

• Legal advocacy;• 24-hour bilingual crisis lines, court

accompaniment;• One-on-one peer support, support groups,

empowerment programs, counseling;• Shelter, emergency food and clothing, children

and youth programs; and• Resource and referrals.

Each agency offers a unique approach to servingfamilies with a common goal of ending the cycle ofviolence.

The Walnut Avenue Women’s Center believes thatit takes three to five violence-free years for familiesimpacted by domestic violence to reach self-suffi-ciency and thrive.

The Women’s Center provides “integrated, wrap-around, participant-driven, strength-based services”

ADVO CACY GRO U P S CR E AT E SU P P O RT SY S T E M F O R IN D I V I D UA L S , FA M I L I E S DA M AG E D BY DO M E S T I C VI O L E N C E

Domestic violence incidents reported each month toadvocacy agencies versus those reported to law enforcement.

Number of clients receiving services each month in person, by phone and by crisis line

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with an emphasis in promoting physical and emotion-al safety for women, children and families.

The Women’s Center’s philosophy is to “meetwomen where they are and recognize that they arethe experts on their own lives. We feel it is our roleto respond to these needs from an open, non-judg-mental, compassionate place that empowers womento make their own choices.”

The Women’s Center is a family resource center thatoffers both crisis and long-term support services.They include crisis intervention, peer counseling,support groups, 24-hour bilingual crisis line, advoca-cy, restraining order assistance, family law advocacy,court accompaniment, safe homes, emergency foodand clothing, home visiting program, children andyouth program, empowerment programs for teensand adults, child care, family literacy, teen mom pro-gram, parenting support and education, and a super-vised visitation program.

Since 1977, Women’s Crisis Support~Defensa deMujeres (WCS~DdM) has been providing a compre-hensive range of crisis intervention and preventionservices to battered women and their children fromoffices in Santa Cruz and Watsonville. All services arebilingual and include: 24-hour crisis line, emergencyshelter, crisis counseling, advocacy, support groups,professional counseling, sexual assault and survivorservices, legal assistance with restraining orders,information and referrals, children services, educationand outreach, and family workshops. WCS~DdM alsofosters collaborative partnerships that include lawenforcement, Victim Services, the District Attorney’s

office, Child Protective Services, CalWorks and othercommunity-based organizations.

A client usually first seeks services from WCS~DdMthrough the crisis line or meeting with a CrisisIntervention Legal Advocate (CILA). The CILA pro-vides peer counseling and referrals and can alsoassist with obtaining a restraining order. The CILAalso works with the client to determine if profession-al counseling, sexual assault counseling or children’sservices are needed.

The WCS~DdM confidential shelter served 119women between January and December 2003. Theshelter has space for six families. The agency alsoassisted 219 clients with restraining orders duringthis time, a service that allows women to protectthemselves and their children with the help of lawenforcement.

Established in 2001, Family Matters-Central Coast,Inc. in Scotts Valley provides supportive services andadvocacy with connections to community-based andcounty governmental agencies.

Family Matters’ clients are predominantly females,the most common victims of domestic violence.Family Matters is, however, pioneering services tomale victims as well, for there are far too fewoptions for victims of this gender. Among usual clien-tele there is more and more male client referral fromlaw enforcement and other agencies. Family Mattersalso serves the family unit, stressing care for theeffects that domestic violence and sexual assaulthave on children.

In 2003, Family Matters continued to search for fund-ing and had these fundraising events: “HollywoodComes To Santa Cruz” in March, 1st AnnualRummage Sale in June and “Vegas In The Valley” inOctober.

In 2003, members from groups including WalnutAvenue Women’s Center, Women’s CrisisSupport~Defensa de Mujeres, Diversity Center,STRANGE, and Santa Cruz Police and CountySheriff’s departments formed an anti-queer violencetask force to improve and develop appropriate andaccessible services for members of the lesbian, gay,bisexual, transgender, intersex, queer, and question-ing community impacted by domestic violence.

The Victim Witness Assistance Center, housed inthe District Attorney’s office and funded solely by thestate, provides services to victims of all violentcrimes. It was organized over 20 years ago undermandate by the California Penal Code. The center haslong recognized the physical, emotional and financialtoll crime takes on the victim, the victim’s family andthe community. The center’s staff strives to reducetrauma and insensitive treatment by providing infor-mation, assistance and support to victims in theirinteractions with the criminal justice system. Thecenter is composed of advocate and claims specialiststaffs.

Advocates work to support victims and to protecttheir rights through crisis intervention, emergencyassistance, referral to community agencies, counsel-ing, orientation to the criminal justice system, courtescort, case disposition information, and other serv-

In Memory of: Leticia Coronado, 1963–1999; Michelle Favela, 1972–1992; Cecila F. Rocha, 1960–1990 3

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4 Santa Cruz County Domestic Violence Commission 2003 Report to the Community

ices. Victims of domestic violence are referred tolocal community-based organizations for supportgroups, child care and other services.

Claims specialists process the claims filed locallywith the California Victim Compensation Program,available to all victims for financial compensation ofnon-reimbursed, crime-related losses. Victims ofdomestic violence most commonly utilize the pro-gram for mental health, medical and relocationexpenses. Claims specialists work closely with localproviders to assist the victims. The specialists’ role is

to verify the expenses and sources ofreimbursement. A fund for relocation isavailable to victims of domestic violence.

In 2003, staff contacts with victims ofdomestic violence decreased due in largepart to the decrease in staff because ofthe state budget crunch. The number ofdomestic violence victims applying forrelocation also decreased. This decreasecould be due to policy changes at thestate level requiring additional paperworkand an emphasis on relocation immedi-ately after the crime. In addition, newlimits for mental health benefits wereadopted, meaning a victim must utilize allpossible sources of reimbursement—insurance, MediCal and other public pro-grams—prior to utilizing the compensa-tion program.

Shelter Services (WCS~DdM)One of the hardest things for a woman in

an abusive relationship to do is to leave her batterer.Many women suffer years of physical, psychologicaland emotional abuse before they are able to take thestep and leave. The decision can be difficult becauseit often means leaving home, children and the onlyadult with whom they have real contact. The victimsworry about how they will survive economically andwhere they will go. Women also fear retaliation.According to a Bureau of Justice Statistics SpecialReport, women most vulnerable to domestic vio-lence are those separated from their intimate part-

ners, and the second most vulnerable are those whoare divorced. For some women the only barrier toleaving is not having a safe place where they canhave a roof over their heads and where their batter-ers can’t find them. The confidential shelter wasdeveloped to address this huge need. The shelterprovides housing for women and children, food,clothing, case management, goal planning, counsel-ing, advocacy and support.

The DVC questionnaire statistics related to shelterservices for DVC clients indicated that in Santa CruzCounty there was a greater need for shelter thanthere were resources. While an average of 9.91clients were in shelter each month, there was anaverage of 6.25 clients that unsuccessfully soughtshelter services. Between January and December2003, 194 sought shelter services. Of those 119were admitted into shelter, while 75 were not provid-ed with shelter services.

At Women’s Crisis Support~Defensa de Mujeres, awoman accepted for shelter must be in imminentrisk of domestic violence or sexual assault—or dis-placed because of domestic violence—have no otheroptions for housing (friends or family), be clean andsober for the last 30 days (exceptions are made),agree to follow house rules and work on a plan forleaving the shelter.

The most common reasons why women are unableto access shelter are drug or alcohol use, mentalhealth issues that are beyond the agency’s capacityto accommodate, or no imminent risk of domesticviolence. A number of women seek shelter services

Clients for whom shelter could or could not be provided each month

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In Memory of: Kathryn Nowell, 1954–1996; Kathleen Tiffany, 1972–1997; Yan Zhen, 1970–1999 5

The Santa Cruz County Law Enforcement commu-nity in 2003 remained dedicated to preventionand intervention of domestic violence.

Domestic violence crosses all social, economic,racial, gender and age barriers. It was vitally impor-tant again in 2003 that the law enforcement commu-nity had the highest level of training and awarenessto effectively and safely deal with this problem.

Domestic Violence and the Law Has a HistoryIn the past, domestic violence has always beenviewed as a “family” problem, something with whichthe public and law enforcement should not beinvolved.

In 1985, Penal Code section-273.5 was adopted aslaw in California, specifically identifying domestic vio-lence as a criminal act that no longer required thevictim to make a citizen’s arrest against her batterer.

Since then, laws concerning domestic violence haveevolved to more effectively address this issue.Legislation continues to be an ongoing element ofdomestic violence intervention, with laws enactedeach year to address the issue. Some of those lawsenacted in the past three years include: SB 1894—assists with funding of programs addressing domes-tic violence; AB 1915—expands the definition ofdomestic violence to include minors who have notbeen emancipated; SB 1745—requires collaborationwith agencies in their responses to homes wherechildren reside and domestic violence is occurring;and SB 1505—requires Child Protective Serviceworkers to receive training on violence within thecontext of dating.

LAW EN F O RC E M E N T CO N T I N U E D ITS P I VOTA L RO L E

from the agency even though they have not experi-enced domestic violence. These women are referredto other shelters.

Santa Cruz County needs transitional housingoptions. Many women have to leave the shelterbefore they have established themselves in anotherliving situation. For a variety of reasons, they havebeen unable to obtain employment, or a stable hous-ing situation. WCS~DdM had a transitional house atone time but, due to funding difficulties, was unableto keep both the shelter and transitional house open.A small percentage of women who are turned awayfor shelter have already received shelter services andhave been unable to obtain a stable place to live afterleaving. This is an area that will need to be addressedto effectively help women stay out of abusive rela-tionships.

All the laws pertaining to domestic violence enactedsince 1970 in California can be viewed at theseWebsites: www.purpleberets.org; www.snbw.org;www.caadv.org: www.justicewomen.com:www.sccbw.org and www.sen.ca.gov/sor/whats-new/whatsnew.htp

In 1995, a countywide policy was adopted to addressspecial issues involving domestic violence. The policydelineates the specific tasks that each agency shouldperform. This protocol is currently in its second revi-sion due to advances in the legislative efforts to helpcurb domestic violence.

What Law Enforcement FoundFor the purposes of this first annual report, lawenforcement looked at five specific areas in 2003.The same five questions were asked each month ofthe California State Parks, Capitola PoliceDepartment, Santa Cruz County Death Review Team,Santa Cruz County Sheriff’s Office, Santa Cruz HarborPatrol, Santa Cruz Police Department, Scotts ValleyPolice Department, University of California SantaCruz Police Department, and Watsonville PoliceDepartment. The California Highway Patrol did notcollect data, as it does not handle domestic violencecalls. Instead, these cases are referred to Santa CruzCounty Sheriff’s Office.

Law enforcement agencies were asked 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?

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6 Santa Cruz County Domestic Violence Commission 2003 Report to the Community

• Children were living in the home with domesticviolence occurring?

During 2003 data collection, we found some differ-ences in the way agencies handle reporting process-es. There is significant variance per capita but, sincethis is the first year of the report, we will be trying tounderstand the reason for those differences.

Number of misdemeanor arrests for domestic violence during 2003Number of felony arrests for domestic violence during 2003

The data collected by Scotts Valley PoliceDepartment shows an unusually high number ofreported incidents and a correspondingly high num-ber of children involved. The number of reportedarrests, however, is more in line with the rest of theagencies within the county. This discrepancy can be

explained by the fact that Scotts Valley recorded allfamily incidents —physical disputes among siblings,parents, children and other relatives—not just vio-lence among significant others.

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Domestic violence is a recurring crime. When chil-dren live in a home where there is domestic vio-lence, they are almost always witnesses to the vio-lence at some point—and thereby become its vic-tims as well. Men who assault their spouses oftenabuse their children, too. Even children who are notdirect victims of child abuse often exhibit many ofthe same problems, including low self-esteem,aggression, depression, anxiety, learning difficulties,anti-social behavior or post-traumatic stress disorder.Children raised in violent families are also placed atgreat risk of becoming abusers or victims them-

CH I L D WI T N E S S E S TO DO M E S T I C VI O L E N C E BE C O M E WH AT TH E Y SE E

selves as teens or in adulthood.

Since domestic violence is under-reported, lawenforcement does not hear about all incidents.However, reporting to law enforcement is fairly stan-dardized across the county and is the most standardand reliable source of information.

Countywide, 836 children under the age of 18—about 14 children of every 1,000—were estimated tobe living in a home in 2003 where a domestic vio-lence incident was reported to law enforcement. Therate was highest in Scotts Valley, where 25 of 1,000

children were living in homes with domestic vio-lence. In Santa Cruz the rate was 19 per 1,000, fol-lowed closely by Watsonville at 17. The rates werelowest in Capitola, with only 7 children per 1,000,and the unincorporated county, at 10 per 1,000. Thedifferent rates of child witnesses between differentregions of the county tracked closely with the ratesof reported domestic violence incidents overall,which were much higher in Scotts Valley than else-where in the county, due to reporting differencespreviously mentioned in this report, and lowest inCapitola.

A more in-depth analysis of the characteristics ofchild witnesses was made only on sheriff reports(representing 37% of the children reported county-wide). Those reports showed children were directwitnesses or living in the home in fully 55% of thehomes where domestic violence occurred. Amonghomes with children, there was an average of 1.7children. They were fairly evenly split by gender,although slightly more likely to be boys. Most strik-ingly, 43% percent of the children were five years oldor younger, although that age group comprised only30% of the population.

Tracking and Reporting Child WitnessingIn Santa Cruz County in 2003, interagency agree-ments ensured that children who were witnesses todomestic violence were referred to child welfare bylaw enforcement for assessment and follow-up.

Child Protective Services received referrals on anaverage of 33 families per month in 2003. Lawenforcement identified an average of 70 children per

Annual rate of child witnesses to domestic violence in Santa Cruz County, 2003

In Memory of: Patricia Heathcote, 1948–2000; Jessica Sheridan, 1985–2003; Judy Sanchez, 1961–1997 7

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8 Santa Cruz County Domestic Violence Commission 2003 Report to the Community

month as living in homes where there was a reportof domestic violence. Assuming that each family hadmultiple children, it appears that most of the childrenreported by law enforcement were also being cross-reported to CPS for follow-up.

Women’s Crisis Support/Defensa de Mujeres(WCS/DdM) and Walnut Avenue Women’s Center(WAWC) provide an array of services for domesticviolence victims and child witnesses, including:

• Prevention counseling and advocacy for minors;• Bilingual, culturally appropriate community educa-

tion and training; • Crisis intervention services, legal assistance, sex-

ual assault response, counseling, safe housesand shelters; and

• Parenting classes in both English and Spanish onthe effects of domestic violence on children.

Monthly reports from WCS/DdM and WAWC indicatethat, on average, 10 children per month were in safehousing or shelter.

Breaking Ground in Data CollectionMethodologyAlthough researchers and practitioners increasinglyrecognize the effect of domestic violence on childwitnesses, there are no state or national standardsfor collecting this information and no good data on itsprevalence. In Santa Cruz County, “Investing inChildren and Families – What Works!” received fund-ing in 2003 from the Packard Foundation to develop astandardized methodology for collecting this informa-tion countywide.

In collaboration with the Domestic Violence Research& Development Annual Report Committee, data was

collected about “child witnesses” from four sourcesfor this section:

• Child Welfare Services monthly reports to theDomestic Violence Commission (DVC);

• Monthly reports to the DVC from each lawenforcement jurisdiction;

• Monthly spreadsheet completed by the Sheriff’sDepartment, with detailed information ondomestic violence incidents; and

• Advocacy groups’ monthly reports to the DVC. This data indicates the importance of continued col-laboration among law enforcement, child welfare,and the advocacy agencies to identify and providesupport to children living in homes where domesticviolence occurs.

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The Family Protection Unit of the Santa CruzCounty District Attorney’s Office, one of fouroperational units in the County District Attorney’sOffice, prosecutes cases involving domestic vio-lence, as well as child abuse, stalking and elderabuse. Domestic violence cases include acts ofharassment, stalking and violations of restrainingorders.

For the calendar year 2003, the DA’s office receivedapproximately 990 domestic violence referrals, ofwhich 280 were filed on.

The Family Protection Unit in 2003 was staffed byfive prosecutors: Jean Jordan, supervisor, and assis-tant district attorneys Gretchen Brock, Bill Butler,Steve Drottar and Alison Sanders.

Case referrals come in to the DA’s office from locallaw enforcement agencies, and most filing decisionsare made immediately. All cases are evaluated with

regard to victimsafety issues. Aftera decision to filehas been made, allcases are verticallyassigned to a pros-ecutor who followsthe case fromarraignment to sen-tencing. The goal ofvertical prosecutionis to give the victimconsistent informa-tion and support,

TA K I N G T H E VI O L E N T PE R P E T R ATO R TO CO U RT FA L L S TO DA’S FA M I LY UN I T

and to be certain that an accurate history of the caseis made available to the court.

Of the 280 cases filed in 2003, 101 were charged asfelonies, and 179 as misdemeanors.

The decision to file a case is multifaceted and a num-ber of factors come into play. First and foremost, theprosecutor has an ethical obligation to only prosecutecases that can be proved at trial beyond a reasonabledoubt. Prosecutors look at issues such as: the exis-tence and severity of injury; the credibility of the par-ties; intoxication levels of the parties; prior history fordomestic violence (reported and unreported); andchildren in the home. The office operates under thephilosophy every case is treated equally whether it isa misdemeanor or a felony.

Family Protection Unit prosecutors work in conjunc-tion with District Attorney inspectors to conduct thefollow-up investigation necessary to support convic-tion via plea bargain or court trial.

In addition, the department’s victims of crime advo-cates assist victims with financial and emotionalrecovery. Strong working relationships have beendeveloped with outside agencies that assist in mak-ing the system as responsive to the victim as possi-ble. A “soft” waiting room in the District Attorney’soffice was completed in 2003, providing a private,safe and comfortable area for victims and witnessesoutside of the courtroom. Pagers are also provided,to give additional flexibility to persons who mustoften wait long periods of time during court proceed-ings.

In the early stages of the case, attempts are made to

contact the victim to ascertain if there are safetyissues, and direct them to appropriate agencies forcounseling and other assistance. It is common forvictims in these cases to be hostile to authorities.Family Protection Unit prosecutors and inspectorsare aware of the socioeconomic and psychologicalissues behind this behavior and strive to developrelationships with all victims.

There are a number of tools that can be used toachieve prosecutorial goals even if the victim is hos-tile. Law enforcement agencies are encouraged toaudiotape conversations with victims at the scene.Videotaped interviews with victims and/or childrenand witnesses are even better, since video capturesthe nuances of complex family dynamics and canassist in reaching plea agreements in the earlystages of prosecution. Video can also assist the pros-ecution in 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 2003 were basedpartially on manual counts, as the District Attorney’snew, enhanced case management system wasimplemented in April 2003. In the future, it is antici-pated that more detailed information, such as specif-ic charges filed and case outcomes, can be providedand evaluated.

Cases charged as felonies versus misdemeanors

In Memory of: Mariana Zavala, 1977–1992; Renee Mattson, 1922–1993; Karen Roza, 1939–1990 9

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10 Santa Cruz County Domestic Violence Commission 2003 Report to the Community

About 600 people in 2003—roughly two countyresidents each day—filed the paperwork toobtain a temporary restraining order because ofdomestic violence.* According to the Santa CruzSuperior Courts Civil Division, which processes allrestraining orders, that means over a dozen timeseach week someone was so frightened that they

RE S T R A I N I N G OR D E R S WE R E DA I LY DU T Y F O R CO U RT

took the initiative to complete the paperwork and filedocuments with the court to keep an alleged abuserat a safer distance.

It is estimated that 365—or 61%—of those tempo-rary restraining orders were filed with the assistanceof an advocacy agency.

Of the total temporary restraining orders, an estimat-ed 221—about 37%—became permanent on orderof the court. The reasons a temporary order does notbecome permanent include failure to follow throughby the petitioner; inability to properly serve therespondent; insufficient legal cause; reconsiderationor reconciliation.

The local Civil Division has 18 employees. Among themany duties they perform under the direction of thejudges of Santa Cruz County Superior Court, the CivilDivision processes and maintains all paperwork relat-ed to domestic violence restraining orders. SteveCarlton and Lily Heredia, domestic violence calendarcoordinators, organize all civil or criminal cases sothe judge has access to the maximum amount ofinformation during his or her decision-makingprocess.

In domestic violence cases, the counter clerksreceive and review paperwork, called filings, frommembers of the public, advocacy agencies and attor-neys. The Civil Division must comply with certainlegal requirements before presenting a domestic vio-lence file to the judge, such as attempting to obtain acriminal history on the person to be restrained.

Total number of restraining orders filed (EPO, TRO and PRO)

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.

DVC2003 5/3/04 4:50 PM Page 10

Once a case file has been put together, a request fora temporary restraining order must be brought to thejudge for an immediate decision. The office mustthen process the accepted or rejected file.

When asked about working with the domestic vio-lence cases, Steve Carlton said, “Our job is to assistthese people, who are going through such a difficulttime—not just when we see them, but behind thescenes so that the judge is well informed and theircase flows smoothly. And that feels good to be ableto help them, even if they never meet me.”

* Due to technical difficulties the Courts were notable to provide data for the annual report for thefirst three months of the year. Data is countedboth manually and by computer, which mayaccount for some of the inconsistencies in theinformation. The information only relates toorders filed based on the State of California’sdefinition of domestic violence. In other words,there are other restraining orders filed, but notspecifically because of domestic violence.

In Memory of: Joan Cross, 1947–1989; Elaine Jauquez, 1959–1989; Robin Perkins, 1961–1998 11

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12 Santa Cruz County Domestic Violence Commission 2003 Report to the Community

Anyone convicted of domestic violence in thiscounty—male or female—is ordered into a 52-week Domestic Violence Intervention Program aspart of his or her probation. More than 690 attendedclasses in 2003.

The number of new probation cases receivedthroughout the year remained somewhat stable,other than a distinct rise in clients during mid-summer 2003. This was directly related to the rise infilings from the District Attorney’s office in Januaryand March, as it typically takes four-six months for acase to resolve in court.

Each person given a probationary sentence is handedan information sheet by the court clerk that simulta-neously refers him or her to a Domestic ViolenceIntervention Program and the Santa Cruz CountyProbation Department. The expectation is that proba-tion clients will have chosen and begun a program bythe intake appointment with their probation officer.

The local intervention programs are non-funded, andparticipants are required to pay all fees. There are noco-educational classes.

The County Probation Department’s role is toapprove these intervention programs and to monitortheir curricula. Provider agencies apply for approvaldirectly to the Probation Department. In 2003, Santa

DO M E S T I C V I O L E N C E IN T E RV E N T I O N ( BAT T E R E R S ’ ) PRO G R A M S IN T E G R A L PA RT O F OF F E N D E R ’ S PRO BAT I O N

Cruz County had six agencies to provide interventionclasses. Four programs were in North County andtwo were in South County:

• Alto Counseling Center and Student Assistance;• Family Services Association of Pajaro Valley;• Family Services Association of Santa Cruz;• Pacific Treatment Associates;• Pajaro Valley Prevention and Student Assistance;

and• Simply Your Best.

Program curriculum includes:• Strategies that hold the defendant accountable

for the violence in a relationship;• Gender roles;• Socialization;• The nature of violence;• The dynamics of power and control;• The effects of abuse on children and others;• Cultural influences; and• Anger management techniques.

Client participation in batterer’s programs

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Some participants assessed to have special needsare further ordered to enroll in an inpatient intensivetreatment program immediately after sentencing orbefore beginning the Domestic Violence InterventionProgram. Others may also be referred for individualcounseling with an emphasis on batterer’s treatment.

692 clients participated in Domestic ViolenceIntervention Programs in 2003. During this period, atotal of 228 participants completed all programrequirements. The seemingly low rate of graduatesreported in 2003 is attributed to the fact that twonewly approved programs had not yet reported grad-uation completions by the end of the reporting peri-od, and—since this is a yearlong program—many par-ticipants were still actively enrolled and not yet grad-uates.

The Penal Code allows participants 16 months tocomplete a program, and some participants havebeen granted a leave of absence for valid reasons,such as family emergencies, medical issues, militaryduty, and work travel demands. Participants can bedischarged 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 jurisdiction.

Following are excerpts from comments by a partici-pant who completed the Domestic Violence Programin 2003:

“I cannot believe the amount I learned. Every class Ilearned something more about myself and about the

way a person should respond to certain situations. Ilearned that everyone has boundaries that should berespected, and to know what mine were. I learnedabout escalations, minimizing, denial, red flags, guilt,shame, resentment, time outs, verbal abuse andphysical abuse, and about how to deal with all ofthem in the right manner.

“My wife and I are doing family counseling to bebetter parents. Several times my counselor wouldtalk about subjects that our family counselor talkedabout. My wife participated in all my homeworkassignments, and that helped both of us to under-stand how to better deal with situations. Now, whenmy wife and I need to discuss something uncomfort-able, we go to another room so the kids aren’tinvolved. We no longer raise our voices to eachother.”

In Memory of: Debbie MacKay, 1959–1998; Nina Liebman, 1957–1995; Patricia Jenkins, 1953–1997 13

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The Domestic Violence Commission hopes thatthe results displayed in these pages will serve asa baseline assessment and help us all to realize thatdomestic violence is real and present in our community.

As we collected the data, we became aware of moreinformation that helped us improve our questionsand identify issues that our contributing organizationsneed to discuss further. Our hope is that by next yearwe can see improvement in some areas and identifyothers that require more concentrated effort.

Advocacy—Advocacy agencies see, in person,approximately the same number of clients that theyservice via phone and their crisis hotline. Only 22%of the clients the advocacy agencies provide adviceand support to actually file police reports. It is a prior-ity to encourage the reporting of violent acts throughcontinued outreach and collaboration of all agencies.There is a shortage of transitional housing options forvictims, essential for women so that they have analternative to returning to abusive situations.

Law Enforcement—Data indicates that the variouslaw agencies that interview victims of domestic vio-lence have differing ways of generating reports. Infuture years, we hope to better understand the rea-sons for those variances. As required by law, ourcounty will continue to adapt appropriate domesticviolence policies and provide training for eachagency. This will assist agencies in having a moreuniform way to interview victims, collect the dataand standardize reports.

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2003 SU M M A RY

Child Witness—We all recognize that children wholive in the home and/or witness domestic violenceare at increased risk to abuse or be abused as theygrow older. It was most difficult to collect informationon children impacted by domestic violence becausethere are no state or national standards. However,standard methodology is now being developed.Nonetheless, we know there are a surprising numberof local children involved with domestic violence, andthis may indicate a need for more education in theschools.

District Attorney—Many cases are submitted to thedistrict attorney’s office by various law enforcementagencies. Each case is evaluated and consideration isgiven to factual issues, legal challenges and the quali-ty of the investigation. Cases that are not filed areretained and may be reviewed and filed at a laterdate if circumstances permit. The need for furtherlaw enforcement training is a topic that may be con-sidered in the future.

Courts—The number of restraining orders processedby the courts reflects the magnitude and complexityof this process. It confirms that many victims in ourcounty are sufficiently frightened of violent acts thatthey request court assistance. Advocacy agenciesassisted with filing 61% of restraining orders. Thedata we received does not represent informationfrom the criminal court division, and our hope is thatnext year we will be able to provide those figures aswell.

Batterer’s Programs—The county probation depart-ment works with the various intervention programs,which are mandatory for anyone convicted of domes-tic violence and seen as instrumental in changingbehaviors and stopping the cycle of violence. In thefuture, we hope to better evaluate the effectivenessof these programs.

We would like to extend a special “thank you” to allagencies that contributed data for this report.

For complete report data, or for further informationon the commission, visit our website atwww.co.santa-cruz.ca.us and follow the link to theDomestic Violence Commission.

The Domestic Violence Research andDevelopment Annual Report Committee

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