• Battered Women’s Task Force

• Batterer’s Treatment Provider

• Chief Probation Officer

• City of Santa Cruz Commission for the Prevention of Violence Against Women

• Community Clinic Coalition

• County Administrative Officer

• District Attorney

• Dominican Hospital

• Family Law Bar of Santa Cruz County

• Family Mediation Service

• Health Services Agency

• Human Resources Agency

• Law Enforcement Chiefs Association

• Public Defender

• Representative of the Gay/Lesbian/ Bisexual Community

• Representative of the Latino Community

• Senior’s Commission

• Sheriff-Coroner

• Superintendent of Santa Cruz County Office of Education

• Superior Court Judge

• Survivor of Domestic Violence

• Sutter Maternity and Surgery Center of Santa Cruz

• Walnut Avenue Women’s Center

• Watsonville Community Hospital

• Women’s Commission

• Women’s Crisis Support~Defensa de Mujeres

SANTACRUZ

COUNTY

“HANDS ARE NOT FOR HITTING”

2005ANNUALREPORTTO THE

COMMUNITY

DOMESTICVIOLENCECOMMISSION

The Santa Cruz County Domestic Violence Commis-sion recognizes that domestic violence is a serious social problem and is dedicated to its elimination from our community. Through collaborative efforts, the Commis-sion develops and recommends education, prevention and intervention policies that hold batterers account-able and ensure safety and support for victims including children and survivors. As a Commission, we need to continue to better educate our community in domestic violence issues and to more effectively support its vic-tims. We believe that all people have a right to a life free of violence.

The process for gathering the statistics for this third re-port has been a much smoother process and will en-able the commission and the community to see trends and changes in reporting of DV, how our local advocacy agencies are being used and how our legal agencies respond to domestic violence. Domestic Violence incidents reported to law enforcement agencies increased this past year compared to 2004 and our statistics indicate that there has been a decrease in the numbers of victims that are being assisted via the advocacy agencies but an increase in the number of victims who are contacting the agencies after their fi rst experience with domestic vio-lence. We feel that education and outreach is helping to reverse the trend of victims enduring multiple incidents before seeking help.

We have seen an increase in the number of referrals to the DA’s offi ce from law enforcement agencies, and out of these referrals misdemeanors increased by 30% and felonies decreased by 16%.

The DV Commission has fi ve goals as mandated by the Santa Cruz County Code Chapter 2.118:

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

• Promote effective and accessible education, prevention, intervention and treatment techniques which will be developed based upon research and data collection;

• Seek to improve the response to domestic violence abuse so as to reduce incidents of domestic violence;

• Examine issues relating to domestic violence and make recommendations in regard to administrative and legislative action to be taken by the Board of Supervisors;

• Establish a committee from among the membership, with the addition of a representative of the offi ce of the Santa Cruz County Counsel, as specifi ed by Penal Code Section 853.6(a), to develop protocols for use by law enforcement offi cers and recommend adoption of said protocols to the Board of Supervisors.

The DV Commission hopes that by publishing this report to the community on an annual basis, we will continue to provide this much needed information to the public as we strive to live in a community free of domestic violence.

I want to thank the many people who were responsible for contributing to developing this report: Alan Hiromura, David Rabow, Fred Nohr, Joanne De Los Reyes, Susan Rosario, Patty King, Scott MacDonald, Kristie Clemens, Jennifer Buesing and Linda Starn. We owe special thanks to Dominican Hospital’s Communications and Marketing Department.

At the bottom of the pages you will fi nd the reference to Santa Cruz County women who have lost their lives at the hands of abusive partners. These women paid the ultimate price. We wish to keep their memories in the forefront as a reminder to all.

Heidi Simonson, Esq.Chair of Domestic Violence Commission

On behalf of the Santa Cruz Domestic Violence Commission (DVC), I am pleased to present our third annual report to the Community for calendar year 2005.

DV INTERVENTION PROGRAMS & PROBATION

Mary Simoni, Pacifi c Treatment Associates

Tim Mayo, Alto Counseling

RC Padilla, Alto Counseling

Jodi Harvey, Simply Your Best

Jenny Sarmiento, Pajaro Valley Prevention & Student Assistance

Rose Chavez-George, Fenix Services

Bonnie Rondaris, Fenix Services

Judith Cox, Probation

Julie Langley, Probation

DA’S OFFICE & SUPERIOR COURT

The Honorable Bob Lee, District Attorney

Fred Nohr, Chief of Administration

Eric Seib, Administrative Services Offi cer

Jean Jordan, Assistant District Attorney, Family Protection Unit

Sylvia Nieto, Victim/Witness Asst. Program Manager

Irwin Joseph, Family Court Commissioner, Superior Courts

Lily Heredia, Domestic Violence Court Coordinator, Civil Courts

Stephen Carlton, Domestic Violence Court Coordinator, Civil Courts

FAMILY & CHILDREN SERVICES

Jewel Roberts, Division Director of Family & Children’s Services

Patty King, Senior Staff Analyst, Family & Children’s Services

Julia Sheehan, Information Technology Support, Family &Children’s Services

ADVOCACY AGENCIES

Dee O’Brien, Walnut Avenue Women’s Center

Kristie Clemens, Walnut Avenue Women’s Center

Celia Organista, Women’s Crisis Support ~ Defensa de Mujeres

Joanne De Los Reyes, Women’s Crisis Support ~ Defensa de Mujeres

Janet Seminerio, Women’s Crisis Support ~ Defensa de Mujeres

Patricia Gilbertson, Family Matters

LAW ENFORCEMENT & DEATH REVIEW TEAM

Chief Richard Ehle, Capitola Police Department

Lorrie Wilson, Capitola Police Department

Chief Howard Skerry, Santa Cruz Police Department

David Boles, Santa Cruz Police Department

Sheriff Steve Robbins, SC County Sheriff-Coroner

Heather Harris, SC County Sheriff-Coroner

Chief Michael Aluffi , UCSC Police Department

Linda Wolfe, UCSC Police Department

Chief Steve Lind, Scotts Valley Police Department

Pat Harding, Scotts Valley Police Department

Chief Terry Medina, Watsonville Police Department

Evanjelina Acosta, Watsonville Police Department

Chief Ranger Ralph Fairfi eld, California State Parks

Joanne Danielson, California State Parks

Senior Deputy Harbor Master Don Kinnamon, Santa Cruz Harbor Patrol

Detective Patrick Dimick, Sheriff’s Offi ce, Death Review Team

ContributorsWe would like to thank the following agencies and individuals for their participation in gathering data for this report.

THESE HANDS ARE NOT FOR HITTINGA Community Art Collaboration

On October 22, 2005, Santa Cruz County Community members made a pledge to end domestic violence. This wall of hands represents a personal dedication and pledge from every individual who placed their hands here to refrain from using their hands or words for violence.

In honor of Domestic Violence Awareness Month, the Santa Cruz County District Attorney’s Offi ce, the Battered Women’s Task Force and Anita Henri headed an art project on Pacifi c Avenue in Downtown Santa Cruz for people to devote themselves to ending domestic violence. These panels are their pledges and are on display on the second fl oor of the County building.

Additional imagery designed by Tom Trujillo and teens from Watsonviille High School, New School and the YWCA for October 2003 as part of the 2003 Domestic Violence Awareness campaign.

Table of Contents

04. Advocacy Agencies at the Center of Collaborative Efforts to Serve Victims

06. Law Enforcement Actively Pursues Abuse Prevention, Intervention

08. Children Learn Violence by Seeing: Young Witnesses to Violence Likely to Perpetuate the Cycle

10. Domestic Violence Poses a Balancing Act for DA

12. Courts See Slowdown in DV Temporary Restraining Orders

13. Probation Monitors DV Intervention Programs for Batterers

ADVOCACY AGENCIES AT THE CENTER OF COLLABORATIVE EFFORT TO SERVE VICTIMSADVOCACY AGENCIES

DA VICTIM WITNESS ASSISTANCE

FAMILY MATTERS

WALNUT AVENUE WOMEN’S CENTER

WOMEN’S CRISIS SUPPORT~DEFENSA DE MUJERES

Domestic violence victim advocacy agencies in Santa Cruz County provide immediate crisis intervention, long-term supportive services, and prevention programs including:

• 24-hour bilingual crisis lines and immediate crisis response;

• Individual counseling and support groups;

• Advocacy, information and referrals;

• Counseling and advocacy for children;

• Legal assistance and court accompaniments;

• Supervised visitation programs;

• Emergency food and clothing;

• Emergency shelter or safe homes;

• Empowerment programs;

• Family literacy programs;

• Family workshops; and

• Community and neighborhood outreach.

Women’s Crisis Support~Defensa de Mujeres and Wal-nut Avenue Women’s Center focus on crisis services for women, and provide education, awareness and outreach programs for families. Until it closed last year, Family Matters provided crisis services for male as well as fe-male domestic violence survivors. All Santa Cruz County advocacy agencies implement cultural competence planning activities and are continuing to increase acces-sibility of services to unserved and underserved segments of the population.

The number of clients seeking services from domestic vio-lence advocacy agencies through crisis lines or offi ce calls and visits has fl uctuated over the last three years. Overall levels for 2005 show a 13% decrease from 2004 num-bers, but remain 7% higher than in 2003. Crisis line con-tacts have risen slowly, by 2% in 2004 and a 1% decrease in 2005. Offi ce visits for services showed a 12% increase in 2004 over 2003, then a 16% drop in 2005, for an overall drop of 7% over the three years. Crisis calls to the advocacy agency offi ces rose sharply in 2004, showing a 59% increase over 2003, and dropped by 15% in 2005, for an overall increase of 35% from 2003 to 2005. These fl uctuations in requests for services cannot be accounted for by agency outreach or client service policies, which have not substantially changed during the time period under observation. They may simply be due to variations in the incidence of domestic violence.

Although most domestic violence survivors do not seek assistance until multiple incidents have taken place, there was a signifi cant increase this year in clients who con-

tacted advocacy agencies after their fi rst experience with domestic violence. Education, awareness and outreach programs provided by advocacy agencies may be helping to reverse the established trend of victims enduring mul-tiple incidents of abuse before seeking help.

In 2005 the number of advocacy agency clients reporting domestic violence incidents to law enforcement decreased by 27%. The usual reasons for not reporting a domestic violence incident to law enforcement include fi nancial dependency on the batterer, fear of losing custody of their children due to the CPS mandated reporting in all domes-tic violence cases, and a lack of follow-through from law enforcement and/or the courts in securing adequate pro-tection from their batterers. Some of these factors may have continued to infl uence women during 2005 as the number of temporary and permanent restraining orders granted has steadily declined over the last three years.

During 2005, advocacy agencies have seen an increase in restraining order applications fi led with the court on behalf of clients. At the same time, the courts show a decrease in applications fi led with the assistance of an advocacy agency. This discrepancy may be due to data collection anomalies which can be refi ned for future reports.

Walnut Avenue Women’s Center has seen an increase in the number of families seeking post crisis support through involvement in long term services offered at this Family Resource Center. Those services include childcare, youth programs and literacy and basic needs programs which provide families with the opportunities and skills to move beyond crisis towards thriving.

Women’s Crisis Support~Defensa de Mujeres has in-creased case management, training and supervision in the legal assistance and advocacy program. This has resulted in improved results, both in the quantity of legal services provided and in positive outcomes.

04

Domestic violence victim advocacy agencies continue to participate in collaborative efforts with the District Attor-ney’s Offi ce, law enforcement agencies, and other victim advocacy and social service agencies in order to provide comprehensive services to domestic violence victims.

The DA’s Victim Witness Assistance Center Staff continued to assist victims of domestic violence in a variety of ways including advocacy and access to the victim compensa-tion program. Advocates provided court support, referrals, and orientation to the criminal justice system, case status/disposition, and assistance in fi ling for victim compensa-tion as well as a myriad of other services. In spite of re-duced resources, the advocacy staff of 3 provided services to 680 new clients. One hundred fi fty one of those clients applied for and received services through the California

Victims Compensation and Government Claims Board administered by the center’s claims specialists and support staff. As claimants to the victim compensation program, these victims were provided with fi nancial assistance for a variety of crime related expenses. The program paid for such things as counseling, medical and dental bills, home security improvements and moving and relocation costs. This vital form of support is crucial in helping victims survive and break free from the violence in the aftermath of the crime.

While it is encouraging that some victims take action in the form of applying for assistance, there remains seri-ous concern about the number of domestic violence vic-tims who do not access the compensation program spe-cifi cally. This phenomenon is not unique to our county,

as it has been acknowledged statewide for many years.We recognize the reasons for this are multidimensional and cannot be explained briefl y. The issue of domestic violence in our society is a complex one. So too are the barriers that keep victims isolated from the help that is available. The reasons may include such things as fear of retaliation, fear of governmental agencies, fear of depor-tation, no knowledge of the program and the crippling impact of chronic violence itself. It is our hope however, that in 2006 greater numbers of survivors will be made aware of the program through heightened statewide public awareness and local community collaboration. It is also our hope and our commitment that they will receive the services they so deserve!

0

500

1000

1500

2000

Phone Crisis Line In Person

METHOD OF CONTACT

NU

MBE

R O

F CL

IEN

TS

2003 2004

1087

1723

2005

1470

2003 2004

1897

2117

2005

1771

2003 2004

639 654

2005

651

05

IN MEMORY OF JOAN CROSS, 1947-1989; ELAINE JAUQUEZ, 1959-1989; CECELIA F. ROCHA, 1960-1990;

DOMESTIC VIOLENCE ADVOCACY AGENCYCLIENTS RECEIVING SERVICES2003 – 2005

0

1000

2000

3000

4000

5000

Clients Receiving Services

CATEGORY

NU

MBE

R O

F CL

IEN

TS

2003 2004

3623

4494

2005

3892

0

100

200

300

400

500

Clients Reporting to Law Enforcement

2003 2004

CATEGORY

NU

MBE

R O

F CL

IEN

TS

397

251

2005

289

06

LAW ENFORCE-MENT ACTIVELY PURSUES ABUSE PREVENTION, INTERVENTIONThe Santa Cruz County Law Enforcement commu-nity in 2005 remained dedicated to the prevention and intervention of domestic violence.

In 2005, the Santa Cruz County law enforcement com-munity logged close to 4% fewer arrests for felony domestic violence and recorded a 4% increase in emer-gency protective orders. The reduction of DV incidents recorded in 2004 is attributable to LEAs review and imple-mentation of consistent defi nition of DV incidents. It still appears that residents in 2005 are contacting advo-cacy groups and obtaining restraining orders prior to the situation becoming physical and requiring law enforce-ment agency intervention.

Watsonville Police Department is continuing its work with Defensa De Mujeres in the agency’s “active pursuit to reduce violence” program. They have participated in training for the Defensa staff regarding domestic violence issues and other types of abuse.

The Santa Cruz Sheriff’s Offi ce, Capitola Police Depart-ment, Scotts Valley Police Department, Santa Cruz Police Department, Watsonville Police Department, California State Parks, University of California at Santa Cruz Police Department and Santa Cruz Harbor Patrol examine fi ve aspects of domestic violence. The California Highway

IN MEMORY OF KAREN ROZA, 1939-1990; MICHELLE FAVELA, 1972-1992; MARIANA ZAVALA, 1977-1992

DOMESTIC VIOLENCEADVOCACY & LAW ENFORCEMENT2003 – 2005 YEARLY STATISTICS

07

Patrol did not collect data, as they do not handle domestic violence calls. They refer cases to the Santa Cruz County Sheriff’s Offi ce.

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

• Children were living in the home where domestic violence was occurring

DOMESTIC VIOLENCE WAS NOT ALWAYS A LAW ENFORCEMENT ISSUE

In the past, domestic violence was viewed as a “family” problem, something with which the public and law en-forcement should not be involved.

In 1985, Penal Code Section 273.5 was adopted as law in California, specifi cally identifying domestic violence as a criminal act that no longer required a victim to make a citizen’s arrest against a batterer.

Legislation continues to be an ongoing element of domestic violence intervention, with laws enacted each year to address the issue. Some of those laws passed in the part few years include: SB 1894—assists with fund-ing of program addressing domestic violence; AB 1915—expands the defi nition of domestic violence to include minors who have not been emancipated; SB 1745—requires collaboration with agencies in their responses to homes where children reside and domestic violence is occurring; and SB 1505—requires Child Protective Service workers to receive training on violence within the context of dating.

The following Web sites provide information about laws pertaining to domestic violence as well as other resources:

www.purpleberets.orgwww.justicewomen.comwww.snbw.orgwww.caadv.org

In 1995, a countywide policy was adopted to address special issues involving domestic violence. The policy describes specifi c tasks that each agency should perform. This protocol is reviewed on an annual basis.

0 200 400 600 800 1000 1200

Child Witnesses2004

569

8362003

EPOs2004

2003

MisdemeanorArrests 2004

2003

Felony Arrests2004

2003

Incidents2004

2003

262

337

391

397

311

405

982

2005687

2005

2005

2005

2005

273

353

298

1064

1151

NUMBER OF CONTACTS

MET

HO

D O

F CO

NTA

CT

DOMESTIC VIOLENCELAW ENFORCEMENT AGENCIES2003 – 2005 YEARLY STATISTICS

CHILDREN LEARN VIOLENCE BY SEEING: YOUNG WITNESSES TO VIOLENCE LIKELY TO PERPETUATE THE CYCLEIt is a well-established fact that children learn by example. The most basic skills are often taught by the ‘do-what-I-do’ method. It is no surprise, then, that children wit-nessing their fathers abusing their mothers often learn to abuse their partners, and/or to accept abuse by their partners. This is the “Cycle of Domestic Violence.”

The trend in California courts has been to recognize child witnesses of domestic violence as victims of the abuse. The California Welfare and Institutions Code section 300(c) addresses children suffering serious emotional damage as a result of the conduct of their parents or guardians. In Santa Cruz County, child witnesses to parental domestic violence may be adjudged dependent children pursuant to this law.

IN MEMORY OF RENEE MATSON, 1922-1993; NINA LIEBMAN, 1957-1995; KATHRYN NOWELL, 1954-1996;

08

0 5 10 15 20 25

Countywide

Capitola

Scotts Valley

Santa Cruz

Watsonville

UnincorporatedCounty

RATE PER 1,000 CHILDREN AGES 0–17

JURI

SDIC

TIO

NS

2004

2003

9.422005

11.37

13.83

2004

2003

2.85

7.41

2004

2003

7.512005

11.10

20052.85

24.49

2004

2003

18.062005

20.40

19.01

2004

2003

8.842005

15.95

17.02

2004

2003

7.642005

6.93

10.04

ANNUAL RATE OF CHILD WITNESSES TO DOMESTIC VIOLENCE IN SANTA CRUZ COUNTY2003 – 2005 YEARLY STATISTICS

09

Determining the actual number of child witnesses to do-mestic violence in Santa Cruz County presents as a daunt-ing challenge. Statistics gathered by law enforcement agencies, domestic violence advocacy agencies, the Dis-trict Attorney’s Offi ce and the child welfare agency each produce a body of data. Substantial differences occur in the type of data collected, the mechanisms for collecting the data, the interpretation of the data, and the regularity with which the data is distributed.

The Human Resources Agency’s Family & Children’s Ser-vices Division is charged with the protection of abused children in Santa Cruz County. This child welfare agency provides statistics regarding child witnesses for this report. Data collected by Family & Children’s Services answers the following question:

How many new referrals were received this month of domestic violence incidents in families with children living in the home?

In calendar year 2005, Family & Children’s Services statis-tics indicate that the agency received a total of 341 new referrals of families with children living in a home where domestic violence is reported. This refl ects a reported de-crease of 4% in referrals from the 2004 total of 354.

It is not clear what explains this decrease in reported re-ferrals. The data provided by child welfare for this report is obtained from law enforcement agencies only. Referrals of domestic violence received by the child welfare agency from family members, neighbors and even victims them-selves are not included in this total. The county’s vari-ous law enforcement agencies may not be consistent in the regularity with which they refer these cases to child welfare.

There is a seeming confl ict between data provided by law enforcement agencies and the child welfare agency con-cerning the number of child witnesses. Statistics gath-ered from law enforcement agencies indicate that 687 children lived in a home where domestic violence is occur-ring in Santa Cruz County in 2005, an increase of 21% over 2004. The question answered by law enforcement agencies with regard to child witnesses is:

“How many children has your agency identifi ed as living in the home per month?”

Law enforcement agencies are providing the number of children identifi ed, while Family & Children’s Services pro-vides the numbers of families identifi ed. The statistical measures in this report in effect provide differing perspec-tives on the number of child witnesses to domestic vio-lence in this county.

Despite variations in statistical reports, child welfare social workers describe a steady increase in the prevalence of domestic violence in dependency cases. Law enforcement statistics indicate that 687 children reportedly witnessed domestic violence in Santa Cruz County in 2005. If only one-half of domestic violence incidents are reported to law enforcement agencies, as stated in the Domestic Violence Commission’s 2003 report, it follows that 1,374 children may have witnessed domestic violence in Santa Cruz County in 2005.

The cycle of domestic violence is self-perpetuating; as long as domestic violence exists, child witnesses will learn abu-sive behaviors that they are likely to carry out as adults. One child witness, then, is one too many.

IN MEMORY OF PATRICIA JENKINS, 1953-1997; JUDY SANCHEZ, 1961-1997; KATHLEEN TIFFANY, 1972-1997

DOMESTIC VIOLENCE POSES A BALANCING ACT FOR DAFor 2005, the Santa Cruz County District At-torney’s Offi ce received 1,141 domestic violence referrals, of which 776 were fi led on—153 felonies and 623 misdemeanors.

The Family Protection Unit of the District Attorney’s Offi ce was staffed by four prosecutors in 2005. One of four operational units in the District Attorney’s Offi ce, the Family Protection Unit prosecutes cases involving domes-tic violence, as well as child abuse, non-familial stalking and elder abuse. Domestic violence cases include acts of violence, harassment, spousal stalking and violations of restraining orders.

Case referrals come into the DA’s offi ce from local law enforcement agencies, and most fi ling decisions are made immediately. All cases are evaluated with regard to victim safety.

The decision to fi le a case is multi-faceted. First and foremost, the prosecutor has an ethical obligation to prosecute only cases that can be proved at trial beyond a reasonable doubt. In reaching their decision, prosecu-tors look at issues such as existence and severity of injury, credibility of parties involved, intoxication levels, history of domestic violence (reported and unreported), and pres-ence of children in the home.

10

0 200 400 600 800 1000 1200

Unable to Prosecute

Misdemeanors

Felonies

Cases sentto DA

NUMBERS OF CASES

CATE

GO

RIES

2004

2003

3982005

365

290

2004

2003

2005

2004

2003

2005

2004

2003

2005

481

623

447

182

153

253

1061

1141

990

DOMESTIC VIOLENCEDISTRICT ATTORNEY FILINGS2003 – 2005 YEARLY STATISTICS

11

After a decision is made to fi le charges, a cases is assigned to a prosecutor who follows the case from arraignment to sentencing. The goal of vertical prosecution is to give the victim consistent information and support, and to be certain that an accurate history of the case is made avail-able to the court.

While a case may meet the criteria of a felony arrest, the injuries and the conduct may not rise to the level of felony prosecution at the time of fi ling. As in any case, many fac-tors are taken into consideration at the time of fi ling— as stated above. These factors are not considered by law en-forcement at the time of arrest.

Family Protection Unit prosecutors work in conjunction with District Attorney inspectors to conduct the follow-up investigation necessary to support conviction via plea bargain or court or jury trial.

In addition, the DA’s Victim Services Advocates assist vic-tims with fi nancial and emotional recovery. Strong work-ing relationships with outside agencies assist in making the system as responsive to the victim as possible. There is a “soft” waiting room in the District Attorney’s offi ce which provides a safe and comfortable area for victims and witnesses outside of the courtroom.

In the early stages of the case, the Family Protection Unit attempts to contact the victim to ascertain if there are safety issues, and directs them as needed to appropriate agencies for counseling and other assistance. It is common for DV victims to be hostile towards authorities. Family Protection Unit prosecutors and inspectors are aware of the socio-economic and psychological issues behind this behavior and strive to develop working relationships with all victims.

Prosecutors in the Family Protection Unit receive ongo-ing training on a variety of pertinent issues. In order to successfully prosecute a case, it is critical that prosecu-tors have an understanding of issues like the effects of children witnessing family violence, the effect of men-tal illness on the family dynamic, substance abuse and treatment concerns, and the special needs of particular populations. In 2006, additional funding will provide for a bilingual prosecutor and inspector to be housed in the Watsonville offi ce to provide comprehensive services to the Latina community.

There are a number of tools that can be used to achieve prosecutorial goals even if the victim is hostile. Law en-forcement agencies are encouraged to audiotape con-versations with victims and photograph injuries at the scene. Videotaped interviews with victims and/or children and witnesses are even better, since video captures the nuances of complex family dynamics and can assist in reaching plea bargains in the early stages of prosecution. Video can also assist the prosecution in a case at trial.

Negotiating the appropriate sentence for perpetrators is complex. It is necessary to balance the safety of the victim and the community against the need to attempt to rehabilitate the perpetrator, because the likelihood that the perpetrator will return to the family is high. The goal of the Family Protection Unit is to seek the maximum sentence the law will allow for repeat offenders.

IN MEMORY OF ; DEBBIE MACKAY, 1959-1998; ROBIN PERKINS, 1961-1998; LETICIA CORONADO, 1963-1999; YAN ZHEN, 1970-1999

12

COURTS SEE SLOWDOWN IN DV TEMPORARY RESTRAINING ORDERSIn 2005, the number of people applying for DV Tempo-rary Restraining Orders (TROs) was signifi cantly reduced from the prior year (464 in 2005 versus 587 in 2004, or a 21% decrease). Interestingly, the number of Permanent Restraining Orders (PROs) issued rose by 5%, which indi-cated that in 2005 a higher percentage of persons who sought TROs went on to complete their cases and obtain Permanent Orders.

The lower number of TROs sought may refl ect that in 2005 there were fewer contacts with Advocacy Agencies (down 13% from the previous year). This conclusion may be supported by the fact that this lower number of TROs sought occurred notwithstanding the new “user friendly” DV forms which were designed to make access to the DV process easier for pro per litigants.

It should be noted that Criminal Protective Orders (CPOs) operate separately from Civil Restraining Orders. At this time we have no tracking procedures in place for CPOs.

Stephen Carlton, the Domestic Violence Coordinator, and his assistant, Grey Cohen, read almost all of the civil DV applications. They report that, compared to prior years, there are more situations in which Family Law Judges are declining to issue TROs and are instead waiting un-til the cases can be heard in open court before making decision on the merits. They also report that fewer of the DV applications contain custody and visitation requests.

The Superior Court processes all DV applications for TROs fi led under the Domestic Violence Prevention Act. Paperwork is received and taken to a judge for immediate review. Assuming TROs are granted, copies of the court’s orders are immediately sent to the sheriff’s offi ce for entry into the statewide database.

0 100 200 300 400 500 600

EmergencyRestraining

Orders

Temporary Restraining

Orders

NUMBERS OF ORDERS ISSUED

TYPE

S O

F O

RDER

S IS

SUED

PermanentRestraining

Orders

2004

2003

2005

262

273

337

2004

2003

2005

587

464

601

2004

2003

2005

149

156

221

DOMESTIC VIOLENCECOURT ORDERS2003 – 2005 STATISTICS

EMERGENCY PROTECTIVE ORDERS (EPO)Obtained at the time of the incident by a law enforcement offi cer, approved by judge and effective for a period of time.

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.

PROBATIONMONITORS DV INTERVENTION PROGRAMS FOR BATTERERS The Santa Cruz County Probation Department operates a specialized domestic violence unit. Probation makes rec-ommendations to the court for sentencing of individuals convicted of a domestic violence offense and monitors individuals granted probation.

Probation offi cers assigned to this unit ensure all court orders pertaining to an individual’s probation are fulfi lled. These conditions may include:

• Serving a jail sentence typically at the beginning of the probation period;

• Completing a domestic violence intervention program tailored to reduce the risk of recidivism;

• Abiding by a protective order to ensure victims are not contacted by the offender;

• Being involved in individual therapy;

• Participating in community service;

• Agreeing to submit to warrantless search and seizure;

• Drug and alcohol testing;

• Paying restitution; and

• Fulfi lling other conditions tailored to the individual to reduce risk of future violence.

Probation offers reinforcement and support to defendants in fulfi lling their terms by visiting them at their home, offi ce, and programs, testing for drugs and alcohol, and by making referrals for counseling and social services.

Victims of domestic violence undergo tremendous turmoil and fear as a result of the violence infl icted. Their feelings and their potential for suffering further harm are always of the utmost consideration. Probation contacts victims by phone, mail, or contacts them in person at their home or in the probation offi ce. Probation offi cers attempt to support victims with protective orders and other case management tools, as well as make referrals to counsel-ing and social services as needed. In cases where resti-tution is ordered, the Probation Department handles the collection and distribution of payments to the victim.

13

14

Domestic violence perpetrators are routinely ordered into a 52-week Domestic Violence Intervention Program. The Probation Department’s role is to approve these programs and to monitor and oversee the curriculum. The Probation Department works closely with the Domestic Violence Intervention Programs to help ensure their clients follow all terms of probation and remain violence free.

Oversight of these approved programs is a key element in ensuring offender accountability and victim safety. Program attendance and compliance are closely moni-tored. Non-compliance results in reprimand, probation violation, or arrest.

Regular court reviews are held for continued monitor-ing of program participation and progress on probation. The program participant may not accrue more than three absences without also accruing a referral back to the Probation Department for possible intervention by the court. State law allows participants 16 months to complete a program, yet some participants have been granted a leave of absence for valid reasons, such as family emergencies, medical issues, or military leave.

IN MEMORY OF PATRICIA HEATHCOTE, 1948-2000; JESSICA SHERIDAN, 1985-2003; JUDY MARIE REID, 1960-2005

0 100 200 300 400 500

Terminated Participants

CompletedParticipants

ContinuingParticipants

NewParticipants

NUMBERS OF PARTICIPANTS

CATE

GO

RIES

2004

2003

2005

348

285

405

2004

2003

2005

262*

208*

355*

2004

2003

2005

159

159

228

2004

2003

2005

249

124

222

DOMESTIC VIOLENCE INTERVENTION AGENCIES YEARLY TOTALS2003 – 2005 STATISTICS

* MONTHLY AVERAGE RATHER THAN ANNUAL TOTALS

15

There are currently fi ve programs approved by theProbation Department. There are three in North Coun-ty: Santa Cruz, Scotts Valley and San Lorenzo Valley. There are two in South County: Aptos and Watsonville. Clients referred to the intervention programs have var-ied backgrounds, needs, and experience with the criminal justice system. The programs provide culturally competent curriculum, in both English and Spanish. The 52-week Domestic Violence Intervention Programs include both male and female offenders. There are no co-educational classes. The currently approved programs:

• Alto Counseling Center

• Fenix Services

• Pacifi c Treatment Associates

• Pajaro Valley Prevention and Student Assistance

• Simply Your Best

The program curriculum includes:

• Gender roles

• Socialization

• The nature of violence

• The dynamics of power and control

• The effects of abuse on children and others

• Cultural infl uences

• Strategies to hold the defendant accountable for violence in a relationship

• Anger management techniques

Approximately 285 new clients participated in theseprograms throughout the year. Thestatistics report an average of 56% of participants completing the program. During this period, 159 participants completed all program requirements, while 124 participants failed-to-complete and were discharged from the program. Participants were released or discharged for one of the following reasons:

• Failure to pay program fees

• Violating substance use policies

• Incurring a new offense

• Transferring to another program

• Moving out of the county

• Absconding from jurisdiction

Domestic Violence Intervention Programs pro-mote client attitude and behavior change. One male client remarks on his success by saying, “Before I went to the program, I knew I needed help. I just didn’t know where to go. I previously thought that I needed to be the master of my home, yet now know there are better ways of communicating. The program gave me tools that absolutely changed my life, making my family and I so much healthier and happier. I learned better communication skills that help me in every area of my life. I have completed the program; yet still attend because of everything I get out of it. I even have my friends coming with me on a voluntary basis.”

Another female client advises, “The program totally changed my life. The program made a big difference for me. I went into it thinking the program would be a drag; yet found that it was a small, awesome support group that offered so much. I developed so many important skills.I developed a lot of parenting and anger management skills, and realized that there are so many options for me.

I am still attending the program even though I completed the 52-week requirement. After you graduate from the program it is free, and I plan on continuing.”

ADVOCACY

The number of clients seeking services from domestic vio-lence advocacy agencies through crisis lines or offi ce calls and visits has fl uctuated over the last three years. Overall levels for 2005 show a 13% decrease from 2004 num-bers as well as a 27% decrease in the number of clients that also reported their DV incident to law enforcement agencies.

There was a signifi cant increase this year in clients who contacted advocacy agencies after their fi rst experi-ence with domestic violence. Education, awareness and outreach programs provided by advocacy agencies may be helping to reverse the established trend of victims enduring multiple incidents of abuse before seeking help.

LAW ENFORCEMENT

Each of the police departments in Santa Cruz County and Watsonville remain dedicated to the prevention and in-tervention of domestic violence. They do this by working with the advocacy agencies and participating in on going training. In 2005, the Santa Cruz County law enforce-ment community logged close to 4% fewer arrests for felony domestic violence and recorded a 4% increase in emergency protective orders issued.

CHILD WITNESS

In calendar year 2005, Family & Children’s Services statis-tics indicate that the agency received a total of 341 new referrals of families with children living in a home where domestic violence is reported. This refl ects a reported decrease of 4% in referrals from the 2004 total of 354.

Child welfare social workers describe a steady increase in the prevalence of domestic violence in dependency cases. Obtaining correct data for the actual number of children who witness domestic violence is challenging but an extrapolation of the data from law enforcement sug-gests that 1,374 children may have witnessed domestic violence in Santa Cruz County in 2005.

DA

Case referrals come into the DA’s offi ce from local law enforcement agencies, and most fi ling decisions are made immediately. All cases are evaluated with regard to victim safety.

The total number of referrals from law enforcement have increased over the prior year by 8%, as well as the total number of cases fi led; the total number of misdemeanors increased by 30%, while felonies decreased by 16% over the prior year. This has been a consistent trend over the past 3 years.

COURTS

In 2005, the number of people applying for DV Tempo-rary Restraining Orders (TROs) was signifi cantly reduced from the prior year (21%). This may be due to in part that compared to prior years, there are more situations in which Family Law Judges are declining to issue TROs and are instead waiting until the cases can be heard in open court before making decision on the merits.

PROBATION & BATTERERS PROGRAMS

The Santa Cruz County Probation Department operates a specialized domestic violence unit. Probation makes rec-ommendations to the court for sentencing of individuals convicted of a domestic violence offense and monitors individuals granted probation.

Domestic violence perpetrators are routinely ordered into a 52-week Domestic Violence Intervention Program. The Probation Department’s role is to approve these programs and to monitor and oversee the curriculum. This past year there were approximately 285 new clients who participated in these programs, which are down from 2004.

For complete report data, or for further information on the Commission, visit our website at:

www.co.santa-cruz.ca.us

2005 SUMMARYThe 2005 data gives a glimpse of domestic violence in Santa Cruz County. The narratives provided by allied agencies are critical to the Domestic Violence Commission in understanding the scope of DV in our county.