Sanctuary for the Abused
Thursday, September 20, 2018
Protective Order Violations
Last winter, police found the bodies of a man and his girlfriend. The man had tracked his girlfriend to her cousin's house, broken down the door, shot her as she called 911, and then turned the gun on himself. Next to the woman's body, the police found a court order directing the murderer to have no contact with the victim. The killer had violated that order four times before murdering his victim.
Domestic violence victims often seek protective orders-court orders that direct individuals to refrain from specified conduct-to avoid future violence. In many cases, the court orders succeed in deterring the offenders. Yet abusers often defy the orders-placing victims at high risk for future violence.
Who Gets Protective Orders
Research suggests that most victims seek orders of protection only after experiencing serious levels of victimization. Most women seeking protective orders have experienced physical assault; threats of harm or death; sexual abuse; threats with a weapon, stalking, and harassment; or assaults on their children.
1 Studies also show that victims usually seek protective orders only after long exposure to abuse.
2 Of the total number of victims of abuse, only a small percentage ever obtain protective orders-16.4 percent of rape victims, 17.1 percent of physical assault victims, and 36.6 percent of stalking victims.
Protective Order Violations
Violations of protective orders are both common and often associated with significant danger to the victim. One two-year follow-up study of batterers found that almost one-half (48.8 percent) re-abused the victims after the issuance of a protective order.4 Stalking victims, in particular, report frequent violations. A 1998 National Institute of Justice study found that of stalking victims who seek protective orders, 69 percent of the women and 81 percent of the men said their stalker violated the order.5 And in approximately 21 percent of cases, violence and stalking escalate after the protective order is issued.6
Multiple Violations as Stalking
"In cases with more than one violation of a protective order," says Sergeant Cari Graves, director of the Colorado Springs Police Department's Domestic Violence Enhanced Response Team (DVERT) program, "two things are evident. There is a clear ‘course of conduct' as defined in many stalking statutes. It also shows that the true intent of the perpetrator is to control and intimidate the victim despite the legal restraint placed on him by a judge." With violations of protective orders, the course of conduct may involve repeatedly following or harassing the victim or sometimes abusing another person-placing the victim in reasonable fear of harm. Repeated violations of protective orders, then, constitute stalking. "And even the first violation of a protective order may in fact be stalking," says Stalking Resource Center director Tracy Bahm, "because the original series of events that caused the victim to seek the court's protection may fit the legal definition of the crime."
Yet the connections between protection order violations and stalking violations-and the resulting danger to victims-are not always evident to law enforcement. One possible reason, as retired Lieutenant Mark Wynn of the Nashville Police Department points out, is that law enforcement officers often view protective orders "as a civil issue; something that is involved in divorce, custody or visitation," rather than a criminal matter. Studies show that even when states have mandatory arrest laws for violations of protective orders, law enforcement officers do not always arrest offenders who commit these violations. One study showed that only 44 percent of protective order violations resulted in arrest and that the likelihood of arrest decreased as the number of prior incidents increased.
Another reason these connections are not always clear is that law enforcement usually investigates one offense at a time and does not always look for a pattern of violations. "Law enforcement officers tend to view calls for service in a ‘snapshot' view," says Sergeant Graves. "A single violation of a protection order may seem to involve only a simple investigation and a possible arrest. But if the officer should dig deeper, continues Graves, "she might find that often the victim will disclose previously reported or unreported violations of the same order." In that context, the "single" violation becomes part of a more serious and threatening picture-stalking.
Overlooking the threat posed by protection order violations is unwise and dangerous, Wynn believes. Violations of civil protective orders are criminal offenses and, he says, often a signal to law enforcement "that something worse is about to happen. When offenders thumb their noses at the court, this is an indicator that you've got high lethality on your hands." For this reason some states, such as Florida, have added a provision to their stalking laws that defines more than one violation of a protective order as felony stalking.8
Implications for Law Enforcement and Prosecutors
Experts agree that law enforcement must take protective order violations seriously. Supervisory Special Agent Eugene Rugala of the Behavioral Analysis Unit at the FBI's National Center for the Analysis of Violent Crime in Quantico, Virginia, says that "investigators should review protection order violations on a case-by-case basis," paying close attention to the context of the violations and the reason that the order was obtained. Rugala stresses that a pattern of violations can alert police about the perpetrator's intent and the threat of serious harm to the victim. And, he adds, "the presence of the order may even escalate the risk to some victims."
Because of the danger to victims, law enforcement should carefully track violations and consistently arrest violators. Departments that adopt these proactive strategies often notice a drop in homicides. In Orlando, Florida, for example, the Investigations Division of the Orange County Sheriff's Department, systematically tracks stalkers and protection order violators. The division "views all cases involving domestic violence and violations of protective orders as stalking and as potential homicides," says Lieutenant Kevin Behan. The department's well-trained, specialized "Stalking Team," equipped with a broad array of high-tech equipment, conducts surveillance and gains intelligence on stalkers (and suspected stalkers) and their activities. This approach has been effective, helping to reduce the overall rate of homicides related to domestic violence from 34 percent in 1998 to 21 percent in 2003.
Prosecutors who handle these cases should appreciate the dangers involved and take the appropriate precautions. They should obtain full criminal histories of offenders and examine the petitions for protective orders filed by victims, which often include vital details that investigations sometimes miss. Prosecutors should review all other reports of violations of the order as well as the underlying reports for domestic violence. Because protection order violators defy court orders, prosecutors also should seek high bail, or no bail, in these cases. They should charge stalking when possible and use the stalking laws to show judges and juries the entire context (i.e., stalker's previous pattern of conduct) for each violation. Prosecutors should also seek jail time to contain offenders and to deter future violations when possible.
Conclusion
Multiple violations of protective orders are stalking. Law enforcement and prosecutors who understand this connection are better equipped to investigate the context of violations, assess the danger, and prevent serious harm to stalking victims who have sought protective orders.
If you have further insights on the relationship between stalking and protection order violations, the Stalking Resource Center would like to hear from you. Please contact us at src@ncvc.org.
Endnotes
1 Carol Jordon, "Intimate Partner Violence and the Justice System: An Examination of the Interface," Journal of Interpersonal Violence Vol. 19, No.12 (December 2004): 1423.
2 Ibid., 1424.
3 Patricia Tjaden and Nancy Thoennes, Extent, Nature, and Consequences of Intimate Partner Violence , (Washington, DC: National Institute of Justice, 2000), NCJ 181867.
4 A.R. Klein, "Re-abuse in a Population of Court-restrained Male Batterers: Why Restraining Orders Don't Work," in E. Buzawa and C. Buzawa, eds., Do Arrests and Restraining Orders Work?, (Thousand Oaks, CA: Sage, 1996), 192-213.
5 Patricia Tjaden and Nancy Thoennes, Stalking in America: Findings from the National Violence Against Women Survey , (Washington, DC: U.S. Department of Justice, National Institute of Justice, Washington, DC, 1998).
6 B. Spitzberg, "The Tactical Topography of Stalking Victimization and Management," Trauma, Violence, and Abuse Vol. 3, No. 4, (2002): 261-288. Of 32 studies in this meta-analysis of stalking studies, 9 reported that incidents of violence or stalking followed the issuance of a protective order 21 percent of the time.
7 R. J. Kane, "Police Responses to Restraining Orders in Domestic Violence Incidents: Identifying the Custody-Threshold Thesis," Criminal Justice and Behavior Vol. 27, No. 2 (2000): 561.
8 Fla. Stat § 784.048, (4). Stalking; definitions; penalties . Amended 2004.
BOTH MEN AND WOMEN CAN BE ABUSERS.
Labels: incident, narcisissts, protective order, psychopaths, restraining order, sociopaths, stalkers, stalking, tro, violation
Wednesday, March 21, 2018
Restraining Orders May Restrain Nothing!
BE AWARE
Victims & Survivors need to know... RESTRAINING ORDERS ARE NOT THE BE-ALL ANSWER!
Psychopaths & Narcissists as well as other pathologicals often ignore or breach the restraining order -- and police far too often do not follow up!
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The increase in stalking cases a result of determined harassers looking for alternative methods to target victims
When it comes to harassment, there is a vast range of behavior. Much of it will not justify (or win) any lawsuits, but this doesn’t change the nature of what it is. And quite a few experts have described categories of harassers, and types of harassment, to help make some sense out of the confusion that most people feel about the issue.
Real harassers are abusers or predators who are out to exploit, and care only about their own needs and agendas.
A real harasser is someone who will continue to try to harass or predate despite sexual or other harassment law, and even after being given education about the seriousness of their actions, or the effects of their actions. In most cases, they will simply blame the victim. They rarely take responsibility themselves. They will just change their tactics so that they can continue to harass and exploit in such a way that the victim/s, or the law, can’t do anything about it.
One method for real harassers is stalking. Most forms of stalking are forms of sexual harassment because they are attempts to force a relationship with someone who is unwilling or unavailable. Stalking is the extreme, but covert, version of refusing to take ”No,” or “Leave me alone!” for an answer–you know, behaviors that were the catalysts for sexual harassment law.
Stalking has always been a problem, but experts will tell you that it is clearly on the rise.
I think the increase in stalking is partially a result of sexual harassment law, and real sexual harassers looking for ways to target their victims without fear of consequence for their actions. Because it is covert, it helps them get around sexual harassment law. It enables them to harass anonymously, and to more easily mask their motives and intentions. It also makes gathering evidence next to impossible for the victim, and without concrete evidence, there is no hope for them to even get an investigation.
On top of this, it makes the victim look paranoid, if not crazy, if they should report the problem to anyone.
In it’s most subtle forms (i.e. surveillance, sending anonymous “love” mail/ emails, hang-up phone calls), stalking can be like a chinese water torture. However, most stalking methods are more extreme, invasive, and destructive. (Breaking and entering, phone tapping, computer hacking, character defamation and slander, obscene mail or phone calls, etc.) Some stalkers will try to organize groups of people to assist them in their harassment campaign – called gang stalking or organized stalking. They usually seek out people in their victim’s community, utilizing the victim’s ”real world” community and/or Internet communities. In fact, stalkers often work to take control of, or destroy, a victim’s support network, resources, and options. This leaves the victim vulnerable, or even dependent on the stalker for survival, at least in the mind of the stalker.
Being stalked is NOT flattering – it is a form of psychological abuse and violence. And while stalking motives are usually sexual (or love obsessional), the stalking behaviors themselves may not be–that is another way real harassers can use it to get around sexual harassment law. (For example, watching someone over an extended period of time isn’t overtly sexual, at least not in of itself.)
Moreover, the psychological damage to the victim can be devastating. One expert writes,
”Stalking is a form of mental assault, in which the perpetrator repeatedly, unwantedly, and disruptively breaks into the life-world of the victim, with whom he (or she) has no relationship (or no longer has)….Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect).”(Rokkers)
To most stalking victims, being stalked is like being put through a long, slow rape. For gang stalking victims, it’s like a gang rape. (The very insightful judge in the Christina Orozco case referred to her actions as akin to “murder.”)
And being stalked can be very frightening, regardless of whether or not the stalker’s activities are overtly violent. Physical attacks, even murders, can occur after long periods of ”more passive” stalking activities. Often, the violence is precipitated by the stalker’s being forced to face they have been rejected by their target.
Besides suffering the psychological damage, and damage to life, reputation, relationships, and options, most stalking victims live in fear that something will push their stalkers over the edge to physical violence.
Unfortunately, if a state or country recognizes stalking at all, this is mostly in the context of direct/overt violence, or clearly escalating violence. So, if a stalker avoids overtly violent acts, they can pretty much do as they please. In other words, if the stalker does not threaten or attack, a stalking victim is out of luck. They will not even be able to get a restraining order.
As long as they use stalking to disguise their motives, activities, and/or their identities, they are free from worry about being held accountable by sexual harassment law. And as long as they keep their stalking activities from being/seeming overtly violent, they will suffer no consequence from stalking law. Even better (for them), they can operate for as long as they wish.
And there is nothing the victim can do about it. (Suicides have been reported as victims use this as the only means they have to bringing an end to the harassment.)
It also makes stalking a good retaliation tactic for harassers who have been disciplined (i.e. been demoted, lost job) as many are using this as a way of getting revenge against an harassment target who filed a grievance against them – retaliation laws do not include stalking, either.
In my own situation, I took a course from the female professor who turned out to be a lesbian who quickly became interested in me. (That I’m not a lesbian didn’t deter her as she became obsessed with getting me to “try it” with her.) She began by making a pass, which she clearly saw right off the bat was a mistake, particularly since she did it in front of witnesses. But like most real harassers, she was not willing to give up. She simply revised her methods and began stalking me with an extraordinary determination. It is still amazing to me how far she went, and the depth and breadth or her obsession.
She used classic stalking tactics, such as surveillance and character defamation, the latter enabling her to destroy not only my reputation, but all my relationships and options, both personal and professional. She used cyberstalking extensively in her pursuit and surveillance, using this to watch me and try to interact with me at numerous Internet forums. She even organized groups of people to assist her (gang stalking), enlisting people not only in my “real world” but also in Internet communities I frequented, or she thought I might join. Because she was a department chair and a psychologist, no one questioned her character or motives.
Current stalking laws are woefully inadequate, and don’t even begin to confront the problem, let alone deal with it.
But even if the laws are revised to protect victims from the psychological violence of stalking, real harassers will simply find other ways to abuse. Any stumbling block placed before them, they will get around. It is a game to them. It is in their nature.
SOURCE
Labels: abuse, cyberstalking, defamation, harassment, inadequate police response, ptsd, restraining order, stalking
Tuesday, January 16, 2018
January is Stalking Awareness Month
Being the target of a stalker can be a dangerous and scary experience. But there are ways to deal with this crime that can make you safe and help you feel empowered.
In a stalking situation, the stalker gets his kicks out of invading your privacy or causing you fear. While stalkers can certainly be dangerous, violence is not necessarily their top priority. If it was, they wouldn't spend time stalking - they would just attack. The problem is that there is no way to tell ahead of time what the stalker's plans are, and if the stalker himself assures you that he means no harm, you should certainly not believe him.
Some forms of stalking involve constant calls and visits. We work with some women who say "Well, he asked me out about twenty times, so I finally said yes because I felt sorry for him." Providing encouragement of any kind to the stalker is a mistake.
In this example, the woman has in effect told the stalker that he will get one date with her for every twenty times he askes her. This also shows the stalker that getting her to feel sorry for him is an effective strategy.
In the dynamics of stalking, the equation is simple. There is one stalker, and one victim. The stalker gets his jollies by causing fear - whether by following her, calling her repeatedly, using foul language, invading her privacy, etc. The male stalker and female victim will also fall into the standard pattern of predator and victim, with both of them assuming the predator is stronger. As a result, the act of causing fear is the payoff for the stalker, giving him a sexual rush, making him feel powerful and omnipotent.
To effectively deal with a stalker, you need to change this equation. Here are some suggestions, based on my knowledge of the laws in Minnesota. The laws in your state may be different. Check them!
How to Stop Stalkers
Take Action
Start telling others about the stalker. Even if you have responded to him positively in the past, don't let that stop you from taking action now. Tell people what is going on. If you did go out with him, it was a mistake, but you can fix that. Everyone is allowed to make mistakes. Learn from it and move on.
Keep a Diary
Record every incident, no matter how trivial. Stalkers use the triviality of their actions as a defense: "What, I'm not allowed on a public street?'. You need to establish a pattern of behavior. Record dates, times, places, witnesses, phone numbers, addresses, everything you can think of. If this problem has been ongoing, record previous events to the best of your ability. Record every incident as it happens. Call the police every time you are contacted. They may say they can't send a police car or an officer for an obscene phone call. If that happens, say 'Yes, I know; I just need you to make an official note of this incident so I can prove a pattern of behavior.' And follow up - but keep your own notes!
Get More People Involved
Contact your local women's center and tell them you're being stalked. Bring in your record of the incidents. Advocates who work at women's centers have experience with stalkers, and may even know the person who is bothering you. They also know the police, the sheriff, and the county prosecutors. They will have resources, contact, and advice that will help immensely. They will know the laws in your state, county, and city. Once you involve professionals in this problem, the situation changes from you against the stalker to the system against the stalker. My information is based on what I know about the laws in Minnesota. Please contact a shelter or crisis center in your town for the best help and information.
Work with Advocates
Work closely with the advocates from the women's crisis center. Follow her advice. If my advice differs from hers, do what she says. She knows more about the specific laws in your state than I do. Feel free to ask questions and tell her everything that is going on. The advocate's job is to empower you, to work with you, to make you stronger and more confident about every aspect of your life.
Call Non-Emergency Numbers
Call your local police non-emergency number. If you're in immediate danger, call 9-1-1. Ask to speak to the Officer in Charge. you will be connected with a relatively high ranking police officer. Explain that you are being stalked, and ask for advice. The officer will make a record of the phone call and tell you what to do.
File a Restraining Order
If the stalker is a stranger, you can file a Harassment Restraining Order (HRO), which is used when you don't have a significant or legal relationship with the other person. Make sure that your advocate help syou fill out the forms, using your documented patterns of incidents. A judge will look over your application, see how many times you have been bothered, and will grant or not grant your HRO request. When it has been granted, every incident is stalking is considered a violation of the order and is a crime.
Facts about HROs
Make sure your advocate tells you what an HRO can and cannot do. Statistically, when an HRO is served, that can be the most dangerous time for you. Work with your advocate to make sure you stay safe. Evaluate the level of danger and make a safety plan accordingly.
Many times, an HRO will cause a power shift in the relationship, and the stalker will leave you alone. It's not fun for him anymore because you are no longer a safe and easy target.
Remember that a restraining order will not stop a stalker who doesn't care about it. The advantage to an HRO is that it will mobilize law enforcement to be on your side. The police must pay attention and respond to any violation of the order.
Penalties for violating an HRO will vary, depending on your state or country. Repeated violations may result in harsher penalties. Remember, the more violations he has on his record, the better your case.
The HRO is between your stalker and the judge. If the stalker violates the HRO, he is violating the judge's order, not yours. The only way the order can be modified is if you go to court to change it.
The HRO is against your stalker, not against you. Sometimes the stalker will threaten, "I'll show up where you are, then I'll report YOU for violating the HRO!". Sorry, no, the HRO is one way only. It's impossible for you to violate the HRO. Sometimes a judge will order mutual HROs, against both parties, but this is rare. Incidentally, if the stalker makes a threat like that, he has already violated the HRO. Report it.
No witnesses? His word against yours? After the HRO is granted, that doesn't matter. The police have to believe you.
Continue to report every single incident, no matter how small. If you don't report every incident, he may begin pushing the boundaries, seeing how far you will let him go before he gets into trouble. Develop a hair-trigger response and report the slightest violation.
Be With Other People
Stay with others as much as you possible can. If an incident occurs, you will have plenty of witnesses. Statistically, you are much safer in a group anyway.
Don't Show Fear
Refusing to show fear may be one of your best weapons. The stalker enjoys provoking fear. Talk to your advocate about your specific case to see if this would be a good approach to take.
Follow these steps and you can stop stalkers. If we all work together we can make the world a safer place.
(while this article was written in the male, stalkers can also be female)
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Labels: domestic violence, harrassment, police, restraining order, stalking, what to do
