Repeated Protective Order Violations, Judges Are Doing Nothing

[jellybeanz]

My question involves restraining orders in the State of: VA

I was assaulted by my ex who got a deferred finding. He continued to harrass and threaten me, which made it necessary to get a protective order, which he violated and I filed a complaint. It was several months before it went to trial. In the meantime, he continued to violate the order resulting in an arrest each time which resulted in getting released on a low bond. He got out and violated it again and again while out on bond with a protective order violation conviction and the prior assault against me while I am now alledging stalking. when I contact the prosecutor to advise of the ongoing problems and request that the matter be brought back before the court since he has continued to act crazy, I am treated as if I am the crazy one. I was also given a warning by the prosecutor that if I keep filing charges for every violation, the court will start to doubt my credibility. I didn't report every single violation, which only made things worse.

My first question is why do they keep allowing him to be released on bail under these circumstances? When is he considered dangerous?
Since I put distance between us and then got a no contact order, why would the court get tired of me reporting him instead of getting tired of him violating the order and scrutinize me? Lastly, since VA allows for civil penalties for stalking, do I have to suffer an actual loss like lost wages in order to file it, or will the fear and emotional stress be sufficient in making a case? Is it necessary to try to have my own attorney in addition to the prosecutor since technically they are not "my" lawyer and represent the state?

I am not going to pretend that I am not still angry for what he did to me. I had no choice but to accept that he kept getting the benefit of the doubt with all the probation and suspended sentences, but now that I have tried to establish that it didn't work, is there any way to "demand" that he be held accountable for each and every thing he got away with up front without getting labled vindictive? I have written letters to express my concerns without telling them they messed up, but I feel that if I don't make any noise, he is going to eventually kill me and they are going to act surprised. I realize that I am talking about separate entities such as the judges, attorney, and magistrates, but that seems to make it even worse. I apologize for the length, but appreciate any help you can give on how to remain tactful when they don't seem to mind when I get my butt kicked and harassed. Thank you.

[aardvarc]

My personal first impression would be that you're encountering a "soft judge" (or judges as the case may be) - you know, the ones who just want to move things along. The reporting of continuing violations IS your right, and while the court might be getting tired of it, it's within the court's own power to either lock him up longer and buy itself a little relief (not to mention additional safety for YOU) or to keep doing little or nothing and have to keep dealing with the issue at each violation.

The unfortunate thing about our system, is that it's very hard to hold judges accountable. They aren't the ones who will have to identify your body, or do your autopsy, or notify your family, or arrange for the crime scene cleanup people to sterilize the area or any of the other heinous things that OTHER people have to deal with when repetitive, continuing, escalating, behaviors (which are WELL documented as far as probability for lethality) such as these are allowed to continue. (Try telling the judge THAT the next time you get a chance!)

The truth is that things are really set up in such a way that domestic violence and partner stalking cases are the only ones where we incarcerate the victim. Not in a prison, but you've no doubt heard this over and over: "if you're in so much danger, go to a shelter". Yes?

It's apparently too obvious to lock up the offender, and/or the process of bringing offenders to the trial process takes so long that new charges keep piling up - putting things off even longer as cases are consolidated.

With these flaws and dysfunction in mind, there are a few things you can do:

1) Continue to be afraid of this guy. It's a survival technique. Don't let yourself get frustrated and stop reporting, in fact, work on improving your documentation techniques - no matter how much of an asshole a judge might be, they'll have a hard time arguing good documentation of violations.

2) Find out from the prosecutor why they appear to NOT be bringing charges for a Class 6 FELONY under Virginia statutes § 18.2-60.3 (d). If they are only charging misdemeanor charges, this is very likely contributing to the easy-peasy low bail situation.

3) The media can be your friend. I'm sure others in your community would also like to know why the pattern of response to repeated violations of a protective order has sucked. Even though there certainly won't be any official response, wouldn't it be great to see your local news ask "are you TRYING to get her killed?"

Typically, if you can get either your local tv station action reporter or local newspaper reporter interested, the very first thing they'll do is contact the executive director at the domestic violence program in your city/county to get the best and most immediate info on the number of people in your community with similar problems (believe me, they know EXACTLY how many dead victims had restraining orders in place at the time of death and would LOVE an opportunity to spout it). Rather than you as an individual raging against the system, let them do it on behalf of ALL of the victims who are fighting the same uphill rat race (and they'll have all sorts of stats, reports, maybe even CourtWatch documentation, etc. to back up what they're saying).

4) Keep in mind that at the end of the day, until and unless he's behind bars, you're going to have to take charge of your personal physical safety at a level worthy of this pattern of behavior (which is seen in more than 80% of homicides of former intimates). Whether that DOES mean going into hiding in a shelter, or buying a dog, or carrying mace, or purchasing, licensing, and getting training with a firearm - only you can know. Check with your local domestic violence program - they may have the ADT alert system in your area which can be made available to you at no cost. Also be sure to check the personal safety plan at http://www.aardvarc.org/dv/plan.shtml. It should be reviewed at LEAST monthly, or at ANY time there is a change in circumstances (either yours or his) or a new incident or a new step forward in the criminal charges.

5) It'll be too late for your case, but write to your legislator and ask THEM what the hell is up with the ability of a multi-order violator to get right back out on bail. It's NOT that way everywhere. Politics is the buzz - this is the time to get someone's ear for change.

[jellybeanz]

Thank you for the advice. I have started contacting as many people as I can get to listen and continued protecting myself as much as I can.

My last question is how to interpret the statute § 16.1-253.2. for protective order violations. It says that it only becomes a felony after the 3rd conviction. Is that something the prosecutor needs to charge him with, or just bring it up upon conviction? It just is confusing to be charged with a misdemeanor, but found guilty and then it becomes a felony in court. Does this imply that there is any "wiggle room" for the judge if/when he is found guilty for the 3rd time?

Thank you.

Code of Virginia protective order violations:
]In addition to any other penalty provided by law, any person who violates any provision of a protective order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, 16.1-279.1 or subsection B of § 20-103, which prohibits such person from going or remaining upon land, buildings or premises or from further acts of family abuse, or which prohibits contacts between the respondent and the respondent's family or household member as the court deems appropriate is guilty of a Class 1 misdemeanor. The punishment for any person convicted of a second offense of violating a protective order, when the offense is committed within five years of the prior conviction and when either the instant or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days. Any person convicted of a third or subsequent offense of violating a protective order, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence is guilty of a Class 6 felony and the punishment shall include a mandatory minimum term of confinement of six months."