New Court to Target Cases of Domestic Violence

Starting next month, Ventura County officials plan to launch a specialized court for handling domestic violence cases and hope the revamped system will help crack down on one of society’s most chronic problems.

Domestic violence reports to law enforcement agencies have more than doubled in the past decade, and shelters for battered women are routinely swollen to capacity.

Eager to turn those statistics around, the Ventura County Superior Court recently decided to change the way it handles domestic violence cases after they enter the criminal justice system.

Under the new plan, which goes into effect Feb. 7, defendants convicted of spousal battery, threats or other crimes of domestic abuse will be required to appear before one judge--rather than several as under the current system.

That judge will monitor whether defendants are complying with the terms of their probation, and will develop working histories of the cases. If a defendant fails to show up for a mandatory counseling session or commits another offense, the judge can haul him back into court and impose a jail sentence.

Proponents hope the tough, no-nonsense approach will keep convicted batterers on a straight path and reduce the potential for future domestic abuse.

“The first thing we hope it will do is decrease the amount of domestic violence by making sure people are complying with their probation terms,” said Superior Court Judge Charles W. Campbell Jr., who will preside over the new court.

“This is a very, very serious matter,” Campbell said. “It needs some serious intervention.”

Similar programs have been launched across the state in recent years as reports of domestic violence have skyrocketed.

Ventura County officials considered starting a domestic violence court several years ago, but the concept didn’t pick up steam until recently when a series of homicides highlighted the problem.

Last February, a 38-year-old Ventura mother of six shot her sleeping husband and then dismembered his body. Gladis Soto later told police she lashed out after enduring years of sexual and physical abuse.

In November, a 34-year-old Thousand Oaks man, David Smith, was stabbed to death during what authorities have described as a fight with his girlfriend’s ex-husband, Ram Gonzales. Court records show the trio had a history of altercations.

And in a case that sparked new legislation, 37-year-old hair stylist Vicki Shade was stabbed to death in December 1998 by her ex-boyfriend, Roland Sheehan, who was killed by police during the attack.

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Although he had been charged with felony stalking and 15 violations of restraining orders, Sheehan was out on $20,000 bail.

“We are seeing all of these family-related shootings and violence,” said Assemblywoman Hannah-Beth Jackson (D-Santa Barbara), who pushed a three-bill package through the state Legislature last year in an attempt to curb domestic violence. “It is absolutely an epidemic and we have to address it.”

One of Jackson’s bills, which allows authorities to jail suspected stalkers without bail if they violate restraining orders, was prompted by Shade’s slaying and became law this year.

Jackson has recently co-sponsored a bill, introduced in Sacramento last week, that would provide $10 million for the creation or expansion of three domestic violence courts statewide.

“I think it is an excellent idea,” she said of Ventura County’s plans for such a court. “We can have all the police on the streets we want, but we are still seeing violence in the home.”

Although overall crime rates in the county are down, the number of arrests for domestic violence has nearly doubled in the last decade, according to state Department of Justice statistics.

Between 1988 and 1998, annual arrests countywide rose from 560 to 1,025. They quadrupled in Oxnard, doubled in Simi Valley and jumped by half in Thousand Oaks.

Law enforcement officials attribute much of the increase to greater awareness and willingness among victims to report crimes. Still, they say, many crimes go unreported because victims fear retaliation.

Legislators and prosecutors have taken steps in the last two years to make it easier for victims, most often women, to seek help.

One of Jackson’s bills passed into law this year provides up to $2,000 to domestic violence victims so they can move out of a dangerous home.

And county prosecutors launched a program in October 1998 to put cellular phones in the hands of battered women considered to still be in danger. The phones are programmed to dial 911 or the district attorney’s victims services division.

But officials say more needs to be done, and they hope the domestic violence court will play a role.

“What we are trying to do is stop the cycle of violence early, hopefully by the first arrest,” said Deputy Dist. Atty. Patrice Koenig, assistant supervisor of the district attorney’s sexual assault and family protection unit.

Many of the cases that are expected to be assigned to the new court will involve first-time offenders.

Typically in such cases, a defendant is ordered to serve minimal jail time and is placed on three years’ probation, the terms of which include attending 52 weeks of domestic violence counseling.

If children are involved, parenting classes may also be required.

Under the new plan, those offenders must appear in domestic violence court 30 days after being released from custody to make sure they are complying with the terms of probation.

“Once they get convicted, we are going to have them come back for an initial review . . . so we know quickly whether they are on track,” Campbell said. A follow-up report will be sent to the court after 90 days.

Campbell has also been talking with public health and social service providers to determine what other services, such as job opportunities, can be extended to families through the new court.

The judge also hopes to increase services to victims by getting better compliance from offenders, who are typically required to pay at least $200 in restitution to a domestic violence fund.

The money would help pay for counseling for victims and their children.

“I think it is a good beginning,” said Pat Mages, program manager for the domestic violence response team run by the Coalition to End Domestic and Sexual Violence.

“Those on probation tend to get lost in the system,” Mages said. “I think it is just going to bring more accountability.”

So far, the court concept has won support from prosecutors, public defenders, probation officers and social service providers--all of whom were recently invited by Campbell to participate in a planning session to decide how the new court should operate.

“We’re excited about it,” said Tom McCarthy, field services division manager for the county probation department. “It is something that we think is going to be beneficial.”

With 1,000 to 1,200 new domestic violence cases entering the courts each year, probation officers have been overwhelmed, McCarthy said. Currently, four officers in Oxnard are each carrying caseloads of about 170 batterers.

Trying to keep tabs on that many people is tough, and officials hope the new domestic violence court will provide a higher level of supervision.

In addition, Judy Jenkins, shelter director for the coalition, said the strong emphasis on counseling should reduce the risk of additional abuse.

“The court is mandating that these people get into treatment right away and show proof of completion. We believe it is going to impact the rate of recidivism,” Jenkins said.

Deputy Public Defender Neil Quinn said he supports the concept of the new court, but remains wary.

In theory, he said, there is nothing wrong with having certain types of cases heard before one judge who gains expertise in a particular area.

But there is a danger, he said, when defendants--particularly in misdemeanor cases in which there may not be serious injuries--are treated not on the basis of their individual cases but through a doctrine that says all domestic violence cases should be approached the same way.

“Should Scarlett O’Hara have been ordered to attend 52 weeks of domestic violence counseling because she slapped Rhett Butler?” Quinn said. “Maybe she should have.

“Certainly domestic violence is starting to get a lot of attention, and there are cases of very serious violence,” Quinn said. “But a lot of cases are truly nothing more than slapping and pushing.”

Victim advocates hope the new system will strengthen the message that all domestic abuse will be dealt with seriously in the criminal courts.

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And they hope that by singling out those cases, officials will be able to determine which programs are most effective at breaking the cycle of violence that has gripped hundreds of families countywide.

“It is much more common than we would like to see,” Koenig said. “Early intervention in misdemeanor cases is the only strategy that will stop the violence before it causes serious injury and before it can replicate itself in the lives of children that witness the violence.”