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Oklahoma News |
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 Family
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New Law Changes First Time Domestic Abuse Offense from Misdemeanor to Felony
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The Oklahoma Gazette - 07/17/2009 |
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New Law Changes First Time Domestic Abuse Offense from Misdemeanor to Felony
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http://www.okgazette.com/p/12776/a/4295/Default.aspx?ReturnUrl=LwBEAGUAZgBhAHUAbAB0AC4AYQBzAHAAeAAslashAHAAPQAxADIANwAyADkA
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The Oklahoma Gazette - 07/17/2009 |
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New Law Could Help Victims of Domestic Violence
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by Marla CarterFor her protection, a woman we'll call Sara, does not want her identity known, but does want her story out."At first, he was the perfect gentleman, wanted to always be there, wanted to do anything for me," said Sara.But in a matter of weeks, Sara says her boyfriend turned violent, fast."He comes over and just punches me, as hard as he can, in my stomach," said Sara.Over time, Sara says the abuse escalated, as she searched for a way out."I got tired of the hits in the head. There was no point anymore. If you didn't want me around, tell me. Tell me. Don't hit me," said Sara.Even when victims leave, it can be hard to keep abusers away, but a new law could help that in Oklahoma, along with a dozen other states.A judge can now order offenders to wear a GPS bracelet."(If) the defendant came too close to the victim's home, an alarm would sound," said Donna Mathews, the Associate Director of Domestic Violence Intervention Services, Inc., also known as DVIS.Plus, the abuser's every move can be tracked, but even with the new law, DVIS still wants victims to be cautious."This would make them feel somewhat safer, but you don't want them to get a false sense of security either," said Mathews."If they want to find you, they're going to find you," said Mathews.We talked to the Tulsa County judge who handles a majority of the protection order cases. She hasn't ordered the device for an offender yet, but says she's glad she has the option to, especially at a time when more women are turning to shelters for help."There's violence all the time, and it may well be there is more stress in peoples' homes because of the economy," said Mathews.Whatever the reason for the increase, Sara says help is out there, and the bruises will heal."I've got to go on with my life, and I intend to," she said.You may call DVIS's 24-hour hotline at 918-7HELPME, or go to their website www.dvis.org.
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KJRH - 05/06/2009 |
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Report: Most States Lag with Dating-Violence Laws
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By DAVID CRARY
AP National Writer
NEW YORK (AP) ? Only Oklahoma and a handful of other states have
responded to teen dating violence with laws enabling the youthful
victims to obtain protection orders on equal terms with adults, an
advocacy group says in a new national survey.
The report on state laws by Break the Cycle, a teen-violence prevention
organization that has worked with the Justice Department, gave A grades
to only five states. Twelve states got D's and 11 failed.
Grades were based on various comparisons between the legal treatment of
adult victims of domestic violence and teen victims of dating violence.
Failure was automatic for states where protective orders are unavailable
for minors, or where dating relationships are not explicitly recognized
as valid for obtaining such orders.
"It is essential that dating violence and the needs of minor victims be
specifically addressed within state domestic violence statutes," said
Marjorie Gilberg, executive director of Break the Cycle. "Lawmakers have
a responsibility ... to propose legislation that will ensure the
protection of all victims of domestic violence ? regardless of their
age."
National surveys have estimated that one in three youths experiences
dating abuse at some point during their teens ? incidents ranging from a
slap on the cheek to homicide. Despite the high rate of abuse, Break the
Cycle and other advocacy groups say too many states do not treat dating
violence with appropriate seriousness.
"Some states feel that if have they good child abuse laws, minors are
protected," Gilberg said in a telephone interview. "There's definitely a
lack of awareness about the prevalence of abuse among teens in their
relationships."
Break the Cycle contends that all young people over 12 should have the
right to petition for protection on their own behalf and that domestic
violence protection orders should be available even against abusers who
are minors.
The new report gives states lower grades if their laws block minors from
seeking protective orders on their own, without parental involvement.
Sheryl Cates, CEO of the National Teen Dating Abuse Helpline, said
parental involvement is a challenging issue.
"If you're a parent, you want to know if your child is in danger, but on
other hand, teens want the anonymity, to not have to tell their
parents," she said. "It's very complicated, trying to find a balance
between a victim's rights and parents' right to know."
Kristina Korobov, an attorney with National Center for the Prosecution
of Violence Against Women, said it's sometimes crucial for teens to be
able to seek protective orders on their own. They may have strained
relations with their parents or come from a home where domestic violence
already is occurring.
Korobov, a former prosecutor in Indianapolis and Loudoun County, Va.,
said it's important in such instances for courts to provide an attorney
or other expert to guide the youth through the legal process.
The report commended New Hampshire as the only state where the law
specifically allows minors of any age to go to court by themselves to
request a protection order. It received an A along with California,
Illinois, Minnesota and Oklahoma.
Getting F's were Alabama, Arizona, Georgia, Kentucky, Missouri, North
Carolina, Ohio, South Carolina, South Dakota, Utah and Virginia.
Korobov said the law in Virginia, where she is based, makes it hard for
many teens to get protective orders because it generally limits them to
cases where the victim and the perpetrator have been married or lived
together ? circumstances which often don't apply to dating violence.
"A lot of people tend to see crimes being committed by juveniles as
'kids being kids,'" Korobov said. "They think, 'Oh, this person is
lovesick. It's not as serious as domestic violence.'"
Gilberg said some legislators are wary of the changes advocated by Break
the Cycle because they fear creating a "litigious group of minors" who
might misuse expanded access to the justice system. But she said
awareness-raising efforts were making headway in several states.
For example, in Ohio, which got a failing grade, Attorney General
Richard Cordray and some lawmakers have been promoting a bill this year
that would allow juvenile courts to issue protection orders for minors
in dating relationships.
The bill was inspired in part by the plight of Johanna Orozco, a
Cleveland teenager who was shot in the face by her 17-year-old
ex-boyfriend in 2007 and has had numerous operations. Orozco wanted to
get a protection order, but Ohio juvenile courts cannot issue them
against minors.
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The Edmond Sun - 03/24/2009 |
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Bill Will Assist Rape Victims
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Toni HopperThe Duncan Banner
A Senate bill waiting on House approval will bring Oklahoma into compliance with the federal Violence Against Women Act, if passed, and will allow victims of rape to deal with law enforcement on their own terms.As it is, if a rape victim seeks medical treatment, Oklahoma law requires law enforcement to be contacted and brought in while that victim is being treated.Women's Haven Executive Director Teresa Biffle serves on a state coalition against domestic violence and is glad to see such a law being pushed forward. "We feel like that more victims would come forth and feel like they would get medical treatment. There's enough shame to seek help when they come forward and it's very scary for them," she said. "Then having to deal with law enforcement, they are unsure and scared."Senate Bill 894 would allow victims to delay seeking recourse against their attacker until at a time when they are under less stress. "Then they could process it and decide if they want to prosecute on their own time," Biffle said. As a professional who deals daily with victims of assault, Biffle said she's seen many of those victims hold off in seeking treatment because of the required pressure that comes with dealing with law enforcement. "Over the years, in dealing with victims, there are those that do not want to prosecute immediately and there others that are ready when they walk through the door. There are lots of reasons why."Her agency is always called when a rape victim ends up at the emergency room. She praised the SANE (Sexual Assault Nurse Examiner) and area law enforcement. An exam can last two or three hours or even longer, Biffle said. An advocate from her agency stays with the victim through the entire procedure. She said that in 2008, Women's Haven responded to 10 rape cases. "Statistics show 1 in 3 women will be assaulted in their lifetime. If you go by that, you know women are not seeking treatment." She believes there's more unreported rapes because of the fear that a victim must embrace in dealing with law enforcement, even though the officers are considerate and just trying to do a job. Senate President Pro Tempore Glenn Coffee issued a press release praising the passage of SB 894."Victims traumatized by a sexual attack and the specter of legal action often delay or forego medical treatment for fear of dealing with the legal consequences," Coffee said."This timely victim rights reform will provide security to those victims of the most personal violence imaginable, so they can seek help immediately, and then pursue legal action at a time when they are under less pressure," Coffee said."We hope victims will feel like they can come forward ? that they can get help that they need."
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The Duncan Banner - 03/19/2009 |
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Mary Kay Inc. and Break the Cycle Partner with Oklahoma Coalition to End Teen Dating Violence
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Joint Lobbying Effort to Protect One in Three Teenagers Who Will Deal with Abuse in a Relationship
OKLAHOMA CITY--(BUSINESS WIRE)--Mary Kay Inc. and non-profit partner Break the Cycle are encouraging legislation supporting teen dating violence prevention education in Oklahoma schools. Also joining the effort are the Oklahoma Coalition to End Domestic Violence and local members of the Mary Kay independent sales force who will convene at the capitol building, meet with state legislators and discuss the importance of educating middle and high school students about healthy dating and relationships. Nationally, one in three teenagers will deal with physical, sexual, verbal or emotional abuse in a relationship and two-thirds of them will never report it to anyone (Teen Dating Abuse Survey, TRU 2005).
The organizations are lobbying Oklahoma lawmakers to introduce preemptive legislation to educate students about domestic violence and healthy relationships. Such legislation would also require schools to implement guidelines and discipline procedures for responding to incidents of teen dating violence on campus. Only Texas and Rhode Island currently have a statewide statute with such a requirement for schools.
"Mary Kay is hopeful that we can help end teen dating violence," said Mary Kay Inc. Vice President of Government Relations Anne Crews. "Mary Kay has an ongoing commitment to ending domestic violence and we're encouraging legislators nationwide to pass laws supporting teen dating violence education."
"Break the Cycle, one of the nation's leading organizations addressing teen dating violence, is launching this national effort to pass state legislation aimed at helping youth recognize that they have the right to safe and healthy relationships," said Break the Cycle Executive Director Marjorie Gilberg. "The education system is the best vehicle to implement teen dating violence prevention and intervention programs and the greatest way to help end teen dating violence before it starts."
As part of this effort, Mary Kay Inc. and Break the Cycle are encouraging individuals to demonstrate support for this effort by signing an online petition at www.enddatingviolence.com. The petition gathers electronic signatures supporting teen dating violence prevention and awareness programs in schools nationwide.
Mary Kay first partnered with Break the Cycle to sponsor Ending Violence, Break the Cycle's latest educational tool - an innovative, interactive DVD program developed from the organization's evidence-based curriculum. Already expected to revolutionize dating violence prevention education, the Ending Violence interactive DVD and accompanying resource package was developed to educate youth ages 12-18 about the dynamics of dating abuse, how to build healthy relationships, and their legal rights and responsibilities. The Ending Violence DVD, available to schools in Fall 2009, also allows for total flexibility so educators can focus on the most appropriate content for students.
About Mary Kay Inc.
Mary Kay Inc., one of the largest direct sellers of skin care and color cosmetics, achieved another year of record results in 2007 with $2.4 billion in wholesale sales. Mary Kay® products are sold in more than 35 markets worldwide, and the company's global independent sales force exceeds 1.8 million. To learn more about Mary Kay, log on to www.marykay.com or call 1 (800) MARY KAY (627.9529).
About Break the Cycle
Break the Cycle believes everyone has the right to safe and healthy relationships. As the leading voice for teens on the issue of dating violence, Break the Cycle advocates for policy and legislative changes that will better protect the rights and promote the health of teens nationwide. Engaging, educating and empowering youth through prevention and intervention programs, Break the Cycle helps young people identify and build healthy relationships. For more information, please visit www.breakthecycle.org or call 310.286.3383.
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Business Wire - 02/25/2009 |
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Culture of Violence: What Will It Take t Reduce Domestic Violence in Oklahoma?
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By JULIE DELCOUR Associate Editor
The flowers on Summer Rust's casket were purple, the same color as the domestic violence ribbons worn by so many of the 400 mourners attending the funeral in El Reno for the young mother and her four small children who were strangled Jan. 12., a day after Rust ended a relationship with Joshua Durcho.
Durcho, a bodybuilder and tattoo artist who lived with Rust, is charged in the slayings.
In the first two weeks of a bleak January, Oklahoma averaged one domestic violence-related slaying every 36 hours. If that pace continues, our state might even surpass its No. 4 national ranking for women killed per capita in domestic violence-related crimes.
With a deteriorating economy, a trigger for this type of violence, little hope exists that this year will be any different. On average 60 people from all demographics die annually from such crimes in Oklahoma. In 2007, the Oklahoma State Bureau of Investigation received 23,400 reports of domestic violence.
Against this very dark backdrop, the Legislature is proposing more laws to protect the innocent and penalize perpetrators. Legislation by Senate Pro Tem Glenn Coffee, R-Oklahoma City, would more easily put guns in the hands of domestic abuse victims who've obtained an emergency protective order. Another bill would create a registry for felons convicted of domestic violence crimes. One lawmaker has even proposed making domestic abuse an automatic felony on a first offense.
A law recently went into effect allowing prosecutorsto file a felony charge against second-time offenders in domestic abuse cases. Prosecutors always could file felony charge in aggravated cases involving significant bodily harm. But the new law permits filing of felony charges before abuse reaches that level. The intent is to break the cycle of violence. Over the past 25 years, Oklahoma has produced dozens of laws related to domestic violence. But crime numbers keeping growing and so does the body count.
Meanwhile, victim shelters continually run full in both urban and rural areas. Services to assist victims with transportation, childcare, mental health and substance abuse counseling, and legal representation are in high demand. Victim advocates and shelter staff remain overworked and poorly paid, and too few in number.
On Sept. 17, the National Network to End Domestic Violence conducted its annual 24-hour national survey of domestic violence programs. On that single day in Oklahoma, 756 victims received services including 358 who found refuge in emergency shelters or transitional housing. Almost 400 others received individual counseling, legal advocacy or support groups. Hot lines took 488 calls, more than 20 per hour from the frantic and the frightened. What is most troubling about this one-day snapshot is that 73 people were turned away because "there was no room at the inn."
Stunned by all those killings in January, Attorney General Drew Edmondson made a public appeal for domestic abuse victims to seek help through his office's 24-hour Safeline, 1-800-522-SAFE.
Marcia Smith, executive director of the Oklahoma Coalition Against Domestic Violence and Sexual Assault, also spoke out. The "annihilation of the family in El Reno is made so much more tragic by the reality that such incidents are becoming commonplace."
Smith, who tracks domestic violence and champions its victims, is right. Despite all our laws, violence has surged over the past two years. No one seems to know exactly how to stop the killings, injuries and displacements.
Under Coffee's proposal victims obtaining emergency protective orders also could apply for an emergency, 180-day concealed weapon permit. Applicants would be required to clear a criminal background. But the normal procedure of requiring applicants to pass a gun safety course before receiving the license would be waived in these cases. Instead, emergency permit holders could take the course at a later date.
Opponents of the bill argue that while it is well-intentioned it could end up endangering as many victims as it protects.
What isn't open to debate is the critical need for more services. Nearly 80 percent of domestic abuse programs have fewer than 20 paid staff; 37 percent have fewer than 10. Many shelters are run down and inadequate because of relentless and heavy demand. More help for those trying to escape harm is desperately needed.
The Legislature, which could have appropriated more state money toward programs in healthier economic times, failed to do so. And now, with a $600 million hole in expected revenues, few dollars exist for expanded funding. Local money and private donations, always a major source of support, also may run short in this recessionary time. Nevertheless, those sources could be the best hope.
Support for programs, shelters and advocacy is one of the few things standing in the way of more casualties. Without help, an already deadly situation will get deadlier; efforts to educate against a culture of violence will go by the wayside.
As Edmondson said back in January, "One person dying every day and a half at the hands of a domestic partner is shocking and unacceptable."
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The Tulsa World - 02/17/2009 |
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Change to State Law Brings New Tools to Fight Domestic Abuse
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Lawton, OK - A recent change to an Oklahoma law is giving prosecutors new tools to fight domestic abuse. District Attorneys' (DA) offices now can file a felony charge against a second time offender. DA's always have been able to file felonies if victims suffered great bodily harm, but they can now file felony charges before the level of violence reaches that point.
In Lawton alone, police worked more than 6,000 domestic abuse calls last year, and they say quite a few involved repeat offenders and victims. Often the cases only are filed as misdemeanors, but Oklahoma could begin seeing more felony charges brought. Each domestic violence case that comes to the Comanche County District Attorney's office is evaluated separately. "If there is great bodily harm, we can file it as a felony the first offense," said Prosecutor Fred Smith.
Smith says that the majority of cases a prosecuted based on the situation. For example, if someone has lashed out their partner and crossed the line physically or psychologically, prosecutors will work to determine the appropriate action to take. "We would try to recognize that, and handle that appropriately, so we would not ruin their lives by charging them with a felony," he said. "On the other hand, we do have the ability to discover whether or not this is a cycle of violence that has existed between these two parties."
With the change to the law, the cycle of abuse could end with felony charges brought on the second or subsequent offense. "A lot of times it's because we recognize it is a case where we do need to break this cycle, we do need to stop this perpetrator, or there's a potential for greater violence," he said. He says that's when victims are put in the hot seat - forced to say, 'enough is enough,' and send the abuser to prison. "The abuser himself learns how to abuse, and how far he can go," said Smith. "In the process, the victim is isolated from friends and family, and they sometimes are manipulated psychologically to feel like it's their fault."In Lawton last year, 240 people were arrested on domestic abuse offenses. Recently a man in Oklahoma was charged with killing his girlfriend and four children. State lawmakers say they hope changes to the law - including counseling for convicts - will prevent domestic violence from occurring in the future. One lawmaker even has proposed making domestic abuse an automatic felony on the first offense. Prosecutors say they hope to have more flexibility to determine charges on a case-by-case basis.
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KWSO News, Lawton - 02/09/2009 |
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House Passes Bill to Insure 10 Million Children
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PRESS RELEASE For Immediate Release, October 25, 2007
Contact:Joanna VanderWoude, Media Relations Associate219.644.8216, jvanderwoude@povertylaw.org House Passes Bill to Insure 10 Million ChildrenShriver Center Thanks New Supporters
Today the House of Representatives voted to pass the revised Children's Health Insurance Program Reauthorization Act (CHIPRA). This is a veto-proof majority. The bill makes key changes to an earlier version of the bill that Congress passed with large majorities and the President recently vetoed. The revised legislation still results in the coverage of 10 million children and still invests $35 billion in CHIP reauthorization.
The Shriver Center thanks Representatives Biggert, Johnson and Shimkus for supporting the new legislation after having voted against the earlier bill and veto override. Representatives Hastert, Roskam, Weller and Manzullo were the only Illinois legislators to oppose the revised bill.
"This is tremendous news for uninsured children in working families everywhere," said John Bouman, president of the Sargent Shriver National Center On Poverty Law. "It is also good news for Illinois, which would receive substantial new federal support to help sustain its All Kids program, which is already insuring all children in Illinois."
The revisions to the bill include encouragement to states to prioritize enrollment of lower income children, limitations on the ability of states to insure higher income parents through this program, prevention of coverage of non-parenting adults, and clarifications of the citizenship requirements. The Senate is expected to pass the bill with a veto-proof majority, just as it passed the earlier bill.
"We urge the Senate to pass this bill, and President Bush to sign it promptly," said Bouman. "This is a deeply needed and highly popular step on the road to covering all children. When 100% of our nation's children have health care coverage, then children from every background and every part of America will have access to the care they need to ensure a healthy start in life."
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The Shriver Center - 02/05/2009 |
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Law Needs to Focus on Neediest Children
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Last week, the U.S. Senate passed legislation to reauthorize current law that provides health care to children from families with incomes up to 200 percent of the federal poverty level ($44,000 for a family of four in 2009). Unfortunately, the bill that passed the Senate has veered beyond the original intent of the State Children's Health Insurance Program (SCHIP). Originally signed into law in 1997, SCHIP enjoys tremendous success and I believe the program must be reauthorized, but we need to do so responsibly.
To do so, SCHIP should remain squarely focused on the children who need it the most. I believe Congress should look to Oklahoma's success as an example before passing final legislation.
Oklahoma has been able to expand the insurance rolls to cover more children in a manner that is reasonable and fiscally responsible by designing its SCHIP program as an expansion of its Medicaid program. Oklahoma, under SoonerCare, currently covers children up to age 18 who have an income eligibility of up to 185 percent of FPL. As a result, we have decreased the number of uninsured children in Oklahoma.
Further, in considering this bill we simply must ask what kind of health coverage we want to incentivize. Specifically, I am concerned with more than $56 billion of spending in the bill to expand coverage for families of four with incomes up to $66,000 with government-sponsored health care. One of the main concerns with this expansion is the crowd-out effect when public subsidies encourage people to give up their private insurance.
The nonpartisan Congressional Budget Office analysis of the new SCHIP legislation demonstrates that nearly half a million families would be able to drop existing private coverage as a result of the expansion of the SCHIP program. In fact, the bill includes a loophole for New Jersey to expand coverage up to 350 percent of FPL and New York to expand coverage up to 400 percent of FPL ($88,000 a year for family of four). Why not focus the legislation to target funds at children without insurance, not those who already have private health care?
I am also working on an alternative approach, called the Kids First Act. My bill has a more fiscally responsible approach that would reauthorize SCHIP, as it was originally written, to cover targeted low-income children up to 200 percent of FPL. Importantly, our bill also included language allowing states to provide SCHIP coverage for unborn children.
I have long been dedicated to quality health care and desire to see my fellow Oklahomans and all Americans receive the best possible health care with the most choices. Now more than ever, we must be cautious of small steps that lead to universal government-run health care rather than a consumer-driven health care market, which would provide Americans with a wide array of choices and the opportunity to make their own decisions about their health care. Providing reasonable health insurance for America's low-income children is something we must get right.
Inhofe, R-Tulsa, is Oklahoma's senior senator.
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The Daily Oklahoman - 02/02/2009 |
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