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Wednesday, October 04, 2006

Ind. Courts - Fix protective orders, writes Fort Wayne newspaper

"Fix protective orders" is the headline to an editorial today in the Fort Wayne Journal Gazette. Some quotes:

There is a serious and unacceptable logjam in the system Allen County uses to process protective orders. The bureaucratic snarl means that some victims of domestic violence who think they have an enforceable protective order against their abuser don’t.

Local court officials, law-enforcement officers and advocates for domestic violence victims need to work together to ensure that a protective order helps officers protect victims rather than being little more than a worthless piece of paper. Making the forms easier to use and the information systems that alert law enforcement that a protective order exists more flexible would help.

The problem begins when victims completing the complicated forms necessary for a protective order don’t give information required to enter the order into state and national law-enforcement information systems. Both the Indiana Data and Communication System (IDACS) and the National Crime Information System (NCIS) require specific information – like the suspect’s date of birth or Social Security number – before the order can be entered into the system.

If the information is not included, the order isn’t entered into those databases. That hampers the sheriff department’s ability to serve the suspected abuser with the protective order. It also makes access to information on that protective order much more difficult for law enforcement officers. * * *

Allen County court clerks need to do a better job of ensuring the paperwork is completed correctly. Clerks are not allowed to give legal advice to victims filling out the paperwork, but nothing keeps them from pointing out missing information or other obvious problems with the form. * * *

Many Indiana communities are having similar problems, said Laura Berry Berman, executive director of the Indiana Coalition Against Domestic Violence. Berman says that a $259,000 federal grant from the Department of Justice will speed the processing of protective orders and improve the partnership between the state and courts by creating a statewide Protective Order Registry. But, “it really does not solve the immediate problem in Allen County, where the clerks are not being helpful,” she said.

Therese Brown, Allen County clerk of the courts, says there are limits to what the clerks can do. “The court does not look kindly on us practicing law,” Brown said. “I can process the paperwork, I can’t judge that paperwork. You have to walk that fine line. You don’t want to coach someone about what to put on those forms. I can’t cross that line. It’s a little more complex than to say clerks are not being compliant and compassionate and doing what is needed.” * * *

The problem is not exclusively caused by court clerks. Making the protective order forms more user-friendly would help. And adjusting the technology of the databases to allow for more flexibility could improve the system. Victims also need to know that they need to provide as much information as possible when they file a protective order. And they should not be reluctant to seek the assistance available through local organizations like the YWCA or the Indiana Coalition Against Domestic Violence.

This press release was issued yesterday from the Indiana Courts office:
Governor Mitch Daniels and Indiana Supreme Court Chief Justice Randall T. Shepard announced today that the state has received a $259,000 grant from the federal Bureau of Justice Statistics to create a statewide Protection Order Registry.

“Until now, a judge’s protection order might not get into the hands of local law enforcement for days – a situation that is unacceptable and too dangerous to continue. By creating this link between the courts and law enforcement we can better protect those we are here to serve,” said Chief Justice Shepard.

The project funding was awarded through the Indiana Criminal Justice Institute and was also supported by domestic violence advocacy groups and local and state law enforcement. * * *

Currently, if you want to know how many Protection Orders are in force in Indiana, you have to contact all 92 counties individually.

The new Indiana Protection Order registry will link Indiana courts with the existing Indiana State Police data system to ensure all protection orders are entered and available immediately. This also means data will be available across county lines.

“Law enforcement officers can be most efficient and effective when they have complete, and timely, information. This registry will add an important tool to assist them in their efforts to protect those at-risk for domestic violence,” said Indiana State Police Superintendent Dr. Paul E. Whitesell.

When the order goes into the system, a copy will be faxed to local law enforcement officers where the parties are located. This will ensure that all law enforcement agencies are immediately notified when a protection order or no contact order is issued or revoked.

An additional benefit is that because the order is checked for completeness and accuracy when it goes into the new system, it will also be registered with NCIC – the FBI’s National Crime Information Center, offering protection across state lines as well as within Indiana.

According to today's editorial, it is the entry point that poses the biggest problems.

Posted by Marcia Oddi on October 4, 2006 07:38 AM
Posted to Indiana Courts