From dv_listserv at listsmart.osl.state.or.us  Mon Dec  5 15:42:57 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Mon, 5 Dec 2011 15:42:57 -0800
Subject: [DV_listserv] Reading Material
Message-ID: <mailman.345.1323128581.27224.dv_listserv@listsmart.osl.state.or.us>

Happy Monday!

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From dv_listserv at listsmart.osl.state.or.us  Tue Dec  6 10:29:27 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Tue, 6 Dec 2011 10:29:27 -0800
Subject: [DV_listserv] FW: Please Join Us for Our Webinar Discussion: Sexual
 Assault and Domestic Violence in Native Country
Message-ID: <mailman.229.1323196170.3083.dv_listserv@listsmart.osl.state.or.us>


-----Original Message-----
From: National FJC Alliance [mailto:melissa at nfjca.org]
Sent: Tuesday, December 06, 2011 9:04 AM
To: Greenawald Erin S
Subject: Please Join Us for Our Webinar Discussion: Sexual Assault and Domestic Violence in Native Country

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Please Join Us for Our Webinar Training



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The Family Justice Center Alliance Presents:



Sexual Assault and Domestic Violence in Native Country



Tuesday, December 13, 2011 at 10:00am PST

(12:00-1:30pm CST/ 1:00-2:30pm EST)

Presented by:

Casey Gwinn, J.D., President, National Family Justice Center Alliance

Rhonda Medicine Crow, Inter-Tribal Council of Californai, Inc., Native American Training and Services Program




Presenter Rhonda Medicine Crow of the Inter-Tribal Council of California, Inc. will discuss the history of intergenerational trauma in Native American communities and the role it plays in current day experiences of Native American families. She will also analyze a variety of grassroots solutions to help address typical issues that may arise when working with Native American Families and give suggestions for non-Tribal members and organizations to work with tribal communities.



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Thank You to Our Sponsor!

Thank you to the US Department of Justice, Office on Violence Against Women for making this training possible!



This project is supported all or in part by Grant No. 2007-TA-AX-K032 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.






12/13/2011





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Register Now for the 2012 International Family Justice Center Conference

April 17-19, 2012 in New Orleans, LA


The 12th Annual International Family Justice Center Conference, hosted by the Family Justice Center Alliance, will include discussions on issues related to the handling of domestic violence, child abuse, sexual assault, elder abuse and stalking cases in the context of the Family Justice Center model. The Alliance welcomes law enforcement personnel, prosecutors, shelter staff, community-based victim advocates, civil attorneys, judges, counselors, policy makers, elected officials, board members, survivors, parole and probation officers, rape crisis workers, medical personnel, educators, and all others interested in the future of family violence prevention. The conference faculty includes nationally and internationally recognized subject matter experts, advocates, and survivors.

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The theme for our conference this year is "Coming Together to Change the World." This conference will focus on leadership, accountability to survivors, guiding principles and promising practices in the rapidly evolving national and international movement toward Family Justice Centers and other approaches to co-located, multidisciplinary services for victims of family violence and their children.  The conference will also include practical, hands-on training for police officers, prosecutors, advocates, and medical professionals in the day to day handling of domestic violence and sexual assault cases.



This year's conference features the New Orleans Family Justice Center and will have a special focus on sexual assault. Specific sessions will be tailored to address sexual assault awareness, prevention, and intervention. Click here<http://r20.rs6.net/tn.jsp?llr=cirb58aab&et=1108926613496&s=13419&e=001TSzpkMtjnfHGaDhlWopfa5a5oWz58PC7Oz0o4h-rAE3heQYX4Fj49YXiOMc69oq6gbmSi-Yg4WC9Yaq91joi9qJCQrnWKXg-Hid0lMLc_E9O2eEk1Yffomja7b4IBKDkfQBYp4G6TXpKyFOj4XZrcHUxMqMTY5Zq_F149gfPoUVw4YALhsVXcw==> to go to the FJC Conference website.


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From dv_listserv at listsmart.osl.state.or.us  Tue Dec 13 09:01:10 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Tue, 13 Dec 2011 09:01:10 -0800
Subject: [DV_listserv] Medford man to enter plea in slayings of wife,
 4 kids | OregonLive.com
Message-ID: <mailman.173.1323795672.510.dv_listserv@listsmart.osl.state.or.us>

http://www.oregonlive.com/pacific-northwest-news/index.ssf/2011/12/medford_man_to_enter_plea_in_s.html

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From dv_listserv at listsmart.osl.state.or.us  Wed Dec 14 09:38:41 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Wed, 14 Dec 2011 09:38:41 -0800
Subject: [DV_listserv] Not guilty pleas entered for Jordan Criado of Medford,
 accused of killing family and setting fire to house | OregonLive.com
Message-ID: <mailman.175.1323884323.4957.dv_listserv@listsmart.osl.state.or.us>

http://www.oregonlive.com/pacific-northwest-news/index.ssf/2011/12/not_guilty_pleas_entered_for_j.html

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From dv_listserv at listsmart.osl.state.or.us  Wed Dec 14 12:48:37 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Wed, 14 Dec 2011 12:48:37 -0800
Subject: [DV_listserv] DV info
Message-ID: <mailman.259.1323895720.4957.dv_listserv@listsmart.osl.state.or.us>

Hi, All:

I just drafted this brief summary as part of a request that I received for DV stats. Thought I'd pass it along to you-it may be helpful to those of you who do presentations and/or  work under grants.

Also, please don't forget that a really great source of DV information and resource material (generally, and otherwise) is the "Media Guide" that was created by the DV/Firearms Task Force in collaboration w/ the Oregon Coalition for its 2011 DV Awareness Month campaign. I sent it out in October (so, you can get it by scrolling through the listserv archives for that month) or you can go to the Coalition's website.


Erin

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From dv_listserv at listsmart.osl.state.or.us  Sat Dec 17 14:47:55 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Sat, 17 Dec 2011 14:47:55 -0800
Subject: [DV_listserv] New FAPA case
Message-ID: <mailman.134.1324162295.21276.dv_listserv@listsmart.osl.state.or.us>

FACTS: 

Family Abuse Prevention Act:  Posting a sign at the residence of a
third party does not constitute "interfering" with a person protected
by a FAPA restraining order, and therefore is not covered by a FAPA
order that prohibits an individual from intimidating, molesting,
interfering with or menacing the protected person, or attempting to
intimidate, molest, interfere with or menace that person directly or
through third parties.

Defendant's ex-boyfriend had a FAPA restraining order prohibiting
defendant from entering or attempting to enter the ex-boyfriend's
residence or "intimidating, molesting, interfering with or menacing
[ex-husband], or attempting to intimidate, molest, interfere with or
menace [him] directly or through third parties." Defendant was
convicted of contempt of court for posting a sign at the residence of
her ex-boyfriend's current girlfriend. Defendant appealed, arguing that that the
evidence was legally insufficient to show that she engaged in conduct
prohibited by the FAPA order. The Court of Appeals reasoned that
legislative intent was not to proscribe the type of conduct at issue
in this case, and that "interfering" within the context of FAPA could
not encompass defendant's conduct. As such, the Court ruled that
defendant's conduct did not constitute "interfering" with the
protected person and was not otherwise prohibited by the FAPA order.
Reversed.

(Link Below. I would encourage you to read the full opinion so you can see the nature of the sign that the court felt did not "intimidate, molest, interfere with, or molest"  the protected party). 


http://www.publications.ojd.state.or.us/A143932.pdf

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From dv_listserv at listsmart.osl.state.or.us  Mon Dec 19 10:51:28 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Mon, 19 Dec 2011 10:51:28 -0800
Subject: [DV_listserv] Whoa...
Message-ID: <mailman.98.1324320690.7487.dv_listserv@listsmart.osl.state.or.us>

http://www.oregonlive.com/pacific-northwest-news/index.ssf/2011/12/tacoma_man_pleads_guilty_to_fa.html


...the part where the court denied the RO petition because the (now deceased) victim had been to see the Respondent...

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From dv_listserv at listsmart.osl.state.or.us  Mon Dec 19 12:28:47 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Mon, 19 Dec 2011 12:28:47 -0800
Subject: [DV_listserv] Not surprising
Message-ID: <mailman.177.1324326529.7487.dv_listserv@listsmart.osl.state.or.us>

http://westchase.patch.com/articles/dad-arrested-for-videotaping-son-s-fight-arrested-again-in-domestic-violence-case

Two comments:

A "gold star" to the article's author for his choice of words. We don't often see stories about DV where it's reported that the "suspect beat his wife".

Probably no one is surprised that someone who proudly videotapes his child fighting would be beating his wife.

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From dv_listserv at listsmart.osl.state.or.us  Tue Dec 20 09:34:47 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Tue, 20 Dec 2011 09:34:47 -0800
Subject: [DV_listserv] Legal updates related to or applicable in DV cases
Message-ID: <mailman.78.1324402490.12586.dv_listserv@listsmart.osl.state.or.us>

STATE COURT RULING THAT VICTIM WAS UNAVAILABLE AFFIRMED
Hardy, Warden v. Cross, 565 US __ (December 12, 2011) (per curiam) (7th Circuit /
Illinois). Petitioner was tried in Illinois state court for a knifepoint kidnapping and sexual
assault. He admitted the act but claimed that the victim (A.S.) had traded him sex for drugs and
money. Although the victim was terrified of petitioner, she voluntarily appeared at trial and
testified, albeit haltingly. The jury acquitted him of kidnapping but hung on the sexual-assault
charges, and the court declared a mistrial and set it for retrial. A week before the retrial date, the
prosecutor disclosed that the victim had disappeared and that the police could not find her
despite an extensive search. Over petitioner's objection, the court found that the police effort to
find the victim was "way beyond due diligence" and allowed the state in the retrial to present the
victim's testimony in the first trial by having a law clerk read her answers. The jury found
petitioner guilty, and the state court of appeals affirmed. Petitioner then filed a petition for
habeas corpus relief in federal court. The district court dismissed the petition but the Seventh
Circuit reversed, ruling that the state court's ruling was an unreasonable application of federal
law, because the state had not made a sufficient effort to find the victim.
Held: Reversed and remanded. [1] "In Barber v. Page, 390 U S 719 (1968), we held
that a witness is not unavailable for purposes of the confrontation requirement unless the
prosecutorial authorities have made a good-faith effort to obtain his presence at trial. In Barber,
we held that a witness had not been unavailable for Confrontation Clause purposes because the
State, which could have brought the witness to court by seeking a writ of habeas corpus ad
testificandum, had made absolutely no effort to obtain his presence at trial apart from
determining that he was serving a sentence in a federal prison. We again addressed the question
of witness unavailability in Ohio v. Roberts, 448 US 56 (1980)," and held that "the State had
discharged its duty of good-faith effort." [2] "In the present case, the holding of the Illinois
Court of Appeals that the State conducted the requisite good-faith search for A.S. did not
represent an unreasonable application of our Confrontation Clause precedents. Whether or not
the state court went too far in characterizing the prosecution's efforts as 'superhuman,' the state
court identified the correct Sixth Amendment standard and applied it in a reasonable manner."
[3] The prosecutor's decision not to subpoena the victim did not establish a lack of due diligence:
the victim had expressed fear about testifying at the first trial but had nevertheless appeared in
court and had taken the stand. The State represented that A.S., although fearful, had agreed to
testify at the retrial as well. We have never held that the prosecution must have issued a subpoena
if it wishes to prove that a witness who goes into hiding is unavailable for Confrontation
Clause purposes, and the issuance of a subpoena may do little good if a sexual assault witness is
so fearful of an assailant that she is willing to risk his acquittal by failing to testify at trial."
[4] "The Sixth Amendment does not require the prosecution to exhaust every avenue of inquiry,
no matter how unpromising. And, more to the point, the deferential standard of review set out in
28 USC ? 2254(d) does not permit a federal court to overturn a state court's decision on the
question of unavailability merely because the federal court identifies additional steps that might
have been taken. Under AEDPA, if the state-court decision was reasonable, it cannot be
disturbed."
http://www.supremecourt.gov/opinions/11pdf/11-74.pdf

COURT ERRED BY ORDERING FORFEITURE OF CAMERA FOR SPO VIOLATION
State v. Olson, __ Or App __, __ P3d __ (December 8, 2011) (per curiam) (Lincoln)
(AAG Justice Rillera). The circuit court issued a stalking protective order (SPO) that prohibited
defendant from contacting B, a high-school student, or any member of B's immediate family.
Defendant violated the SPO by going to B's high school and taking pictures of B's sister. The
court found him in violation of SPO, found him guilty of criminal trespass, imposed a
probationary sentence, and ordered, as a condition of probation, that he forfeit the camera.
Held: Reversed and remanded for resentencing. [1] ORS 161.045(4) generally provides
that a criminal conviction does not allow "forfeiture of property ... except where a forfeiture is
expressly authorized by law." No statute authorizes forfeiture of a camera in these
circumstances. [2] ORS 137.540(2), which authorizes conditions of probation, does not permit
forfeiture of property as a condition of probation.
http://www.publications.ojd.state.or.us/A142327.pdf

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From dv_listserv at listsmart.osl.state.or.us  Wed Dec 28 10:11:30 2011
From: dv_listserv at listsmart.osl.state.or.us (Domestic Violence issues)
Date: Wed, 28 Dec 2011 10:11:30 -0800
Subject: [DV_listserv] The War Bride: The disappearance of Esther Gavin
 becomes a family legacy | OregonLive.com
Message-ID: <mailman.366.1325095893.18519.dv_listserv@listsmart.osl.state.or.us>

http://www.oregonlive.com/portland/index.ssf/2011/12/war_bride_esther_gavin.html

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