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February 28, 2018

Honorable Lon Hurwitz, Family Law Division, Orange County (CA) Superior

Court and Kathleen West, DrPH, University of Southern California Department

of Preventative Medicine; Center for Innovation and Research on Veterans &

Military Families, University of Southern California School of Social Work.

Veterans & Family Court: The Family Law Veteran’s Diversion Program

This project was supported by Grant No. 2015-TA-AX-K058 awarded by the Office on Violence

Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and

recommendations expressed in this document are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on

Violence Against Women.

Orange CountyVeteran & Service MemberFamily Court Domestic Violence Program

Kathleen West, DrPHSupervising Family Court Judge Lon Hurwitz

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Webinar Objectives

Provide at least 5 reasons why Family Court is a critical site to provide Veteran “diversion” programming Explain why Domestic Violence Courts in Family Court settings provide critical opportunities for treatment interventionsDescribe the Orange County Family Court Veteran and Service Member Domestic Violence programIdentify the key collaborating agencies at the OC Family Court program

Deployments left - and continue to leave - family behind Over 2.3 million service members have deployed in support of Operations Enduring Freedom, Iraqi Freedom, New Dawn, and Freedom’s SentinelOver 1 million have served at least two toursMany more have served 3 or more deployments

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At-Risk Population:Military-Connected Families

Specific high risk groups include parents with symptoms or diagnosis of PTSD, TBI, or other mental or physical health injuriesHigh rates of physician-prescribed medication for pain (opioids) and psychotropics for mental health symptoms to address injuriesLinked with high risk of complications for self-harm and self-medication, primarily with alcohol

At-Risk Population:Military-Connected Families (cont.)60-70% of Domestic Violence cases involve presence of alcohol and/or drug abuse Increasing rates of IPV/DV among veterans documented in VA studies Increased rates of child maltreatment 42% higher during deploymentsIn Texas, rates doubled between ‘02 and ‘07 among military families)

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Marriage, Divorce & VeteransHS male grads (23-25 y/o) with 2 or more years of Active Duty (AD) are 3x more likely to be married than civilian counterparts; AD college grads 2x more likelySame population 3x more likely to become divorced (at least once) AD families on average have same number of children as civilian families, but have them sooner; more likely to be parents when VeteransMost contested divorces involve child custody –“custody battles” – and are heard in Family Court

Marriage, Divorce & Veterans (cont.)Temporary Restraining Orders (TROs) more likely in contested divorces; often precede filing for dissolution of marriage/divorceRemarriage rate is 75% among all divorced men; higher rate among younger menDivorce rate in 2nd marriages is 31%; 60% occur within first 5 years of 2nd marriageHigh probability that Veterans/Service Members in Family Court will have other relationships and parenting roles; need for intervention, treatment, and skills to increase likelihood of future success

Some Top Veteran ConcernsCan Be Addressed in Family Courts

Homelessness: Defacto outcome of a TRO; Services needed to manage this practical and emotional realitySuicide: 49.7% of successful suicides among 18-34 y/o Veterans/47.3% in 35-44 y/o’s had “Intimate Partner Problems” as precipitating life event; greater than all other factors - “crisis,” substance abuse, criminal, job, health, financial, mental health problems/diagnosis, or “depressed mood”

Criminal involvement: Veterans 8% of national jail/prison population; untreated mental health & substance problems are root cause

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Three Levels of Prevention Interventions

Universal Selective IndicatedEveryone in a

population (before or

after exposure)

Subgroups of the population at

heightened risk (e.g., deployed

units)

Individualsidentified to be

suffering subclinical distress or impairment

Institute of Medicine (IOM) Taxonomy for Mental Health Interventions(Mrazek & Haggerty, 1994)

Prevention Interventions:

Target populations with no or subclinical symptoms

Treatment Interventions:

Target populations with

diagnosable mental

disorders

*Feldner, Monson, & Friedman, 2007; Adapted by Nash & Westphal

Indicated Public Health Interventions

Family Court Veteran DV Cases –Alleged and/or Substantiated

From public health perspective: An important population to identify & treat; an “indicated” popFrom judicial perspective of increasing meaningful collaborative justice practice: Justifiable, warranted and supported with multiple CA legislative actionsFrom a family, social welfare and community perspective: Psycho-education & possible intervention opportunities for whole at-risk family is cost-effective & accords with Veteran Outreach policies

ORANGE COUNTY SUPERIOR COURT FAMILY LAW

VETERAN & SERVICE MEMBER DOMESTIC VIOLENCE PROGRAM

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OC Family Law DV Veteran:Usual Fact Situation We Found

• No history of DV prior to deployment• Upon return, service member may have PTS or TBI; hyper-vigilance, hyper-arousal, transition issues result in clash/incident(s) with Significant Other or children that creates request for a restraining order

• PTS or TBI usually undiagnosed and/or substance abuse issues involved

• Usually no criminal involvement

What is “Abuse” within standardof law for “domestic violence”?

Per CA Family Code (FC) 6320, “Abuse” is:Intentionally or recklessly causing or attempting bodily injury;Sexual assault;Placing a person in reasonable apprehension of imminent serious bodily injury to self or another, or;Any behavior that could be enjoined under FC 6320.

What is “Abuse”(cont.)

Molesting,AttackingStrikingStalkingThreateningSexually assaultingBatteringHarassing

Telephoning Destroying personal propertyContacting either directly or indirectly, by mail or otherwiseComing within a specified distanceDisturbing the peace

FC 6320 behavior that can be “enjoined”:

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What is “Abuse”(cont.)

Definition of “Abuse” under FC 6203 is very broad and does not require physical injury

Statute also does not refer to “recent” acts of abuse, but “past act or acts of abuse”

Request For DV Orders (RO)

When a Temporary Restraining Order (TRO) is issued, alleged Perpetrator is registered into the California Law Enforcement Telecommunications System (CLETS)*

All DV Orders, whether criminal or civil, must by federal and state law be entered into CLETS (FC 6380(b))

*Statewide system which allows access to an individual’s criminal history.

DV and Firearms

Ownership, possession or access re firearms and ammunition is prohibited while a protective order is in effect under many State and Federal statutes (FC 6389; Penal Code 12021; 18 U.S.C. 922(g)(8))

Effective upon issuance of a TRO, Emergency Protection Order (EPO), Restraining Order After Hearing (OAH), or Criminal Protection Order (CPO)

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What is a DV Hearing?

A full evidentiary hearing

Court is also required to consider: Criminal history of Responding Party (RP) (FC 6306)History of abuse of child (FC 3011), which can include written reports, etc.History of abuse by RP upon Moving Party (MP - alleging party in this civil action) (FC 6300)

The DV Hearing (cont.)

To issue orders, Court must find that:DV occurred within the meaning of FC 6203 and 6320;MP was the victim;RP was the perpetrator, and;DV did not occur in self defense.

The DV Hearing (cont.)

Once DV “Finding” is made, Court can issue an OAH:For up to 5 years initially;Renewable by MP, if renewal is requested before expiration of the initial orders, and;Reasonable apprehension of future abuse is shown.

FC 6345; Ritchie v. Konrad (2004) 115 Cal. App. 4th 1275

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The DV Hearing (cont.)

Court can issue orders:Made in TRO and custody, visitation, & financial supportExclusive use/possessionClasses (Batterers Intervention Program (BIP), Anger Management, Parenting)Prohibiting consumption of drugs/alcohol Drug or alcohol testing

Effects of DV “Finding”

Immediately after a DV “Finding” made by Judge, MP and RP provided copies of OAH in Court (unless RP failed to appear, in which case RP will have to be served)

If RP is present, Review Hearing is set to ensure enrollment in BIP and compliance with Orders

OAH inputted into the CLETS

Ramifications ofDV Finding on Restrained PartyPresumption of no child custody for 5 years (FC 3044)

In CLETS for 10 years“Finding” will be seen when a prospective

employer runs a criminal history search, even though no criminal conviction or criminal court involvement

Presumption that an abusive spouse shall not be entitled to receive spousal/partner support from victim spouse (FC 4320(i), (m); FC 4325)

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Ramifications ofDV “Finding”(cont.)

Effectively (though not statutorily) prevented from becoming a Doctor, Lawyer, Police Officer, Firefighter, Bus Driver, Airline Pilot, Security Guard, Teacher, Military Officer, etc.

Cannot own/possess any firearm or ammunition under CA Domestic Violence Protection Act (DVPA - FC 6389) and Federal Gun Control Act (18 U.S.C. 922(g)(8)) for duration of OAH

Ramifications ofDV “Finding”(cont.)

Exception to Firearms prohibition under FC 6389(h) is not an exception under 18 U.S.C.§925 (a)(1) - Official Government UseFirearm is a condition of employmentEmployer is unable to reassign RPFirearm is only in RP possession during workPsych evaluation for peace officer as

prerequisite

What happensif no DV “Finding”?

If the Court makes a finding that no DV occurred, it has no jurisdiction under the DV case to issue any orders, unless the Parties wish to stipulate to the entry of specific orders.

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OC Family Law DV Vet ProgramGenesis & Eligibility

No history of DV prior to first deploymentServicemember returns from deployment(s)Significant other was left in charge of household at time of deploymentServicemember returns with undiagnosed PTS/TBI; significant other receives no counseling prior to servicemember’s return re PTS/TBI symptomologyClash with victim requesting protection

OC Family Law DV Vet Program (cont.)

Victim seeks Temporary Restraining Order (TRO) which can be issued by the Court without a “Finding” of DV for 21 to 25 daysHearing is set after said 21 to 25 days to determine if DV occurred If Court makes a “DV Finding,” Restraining Orders After Hearing (ROAH) are issued for 1 to 5 years; renewable for life under the DVPA

OC Family Law DV Vet ProgramRamifications of a DV “Finding”

In CLETS for yearsEmployer Crim Hx search will reveal “Finding”Effectively prevented from occupationsPresumption of no child custody per FC 3044No firearm/ammunition possessionOrders are “one size fits all”- no consideration of PTS or TBI issues Precludes enlistment in National Guard & Reserves

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OC Family Law DV Vet ProgramUsual Fact Situation

No history of DV prior to deploymentOn return, Servicemember may have PTS or TBI issues resulting in clash/incident(s) with significant other or children that creates request for a R.O.PTS or TBI usually undiagnosed and/or substance abuse issues involvedUsually before any criminal involvement

OC Family Law DV Vet ProgramBackground

In 2009, OC Court approached the VeteransAdministration (VA) with concept designed to avoid a DV “Finding” by the CourtProgram to be separate from the Veterans Court, which is based on a post-conviction Criminal Model

Meetings held with VA, Orange County Health Services Agency (OCHSA) Vet Reps, and Court

Began in June 2010 with case manager support

OC Family Law DV Vet Program Goals

To address PTS/TBI/Substance issues;To stop problem(s) before situation escalates to criminal stageTo reintegrate the service member with the FamilyTo protect the Victim(s) during the processTo fashion remedy that does not irreparably damage Service member’s ability to transition to civilian occupation and support the Family

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OC Family Law DV Vet ProgramParameters

Alleged perpetrator is identified as a service member with no pre-deployment history of DVParties are advised at the Hearing of the ramifications of a DV “Finding” by a JudgeParties offered option of TRO extension without a DV “finding,” but with same protections as if there was and a ROAH was issued, for a period of 1 year

OC Family Law DV Vet Program Parameters (cont.)

Servicemember agrees to:Allow OCHSA Vet Liaison Officer to act as case managerWho determines eligibility for Vet services (i.e.:

Vet Hospital, Vet Center, etc.) and coordinates servicemember’s appointments/progress

Assessments for PTS, TBI and substance issues

Attend counseling, anger management, parenting and/or any others that treating professional may recommend

OC Family Law DV Vet Program Parameters (cont.)

Court holds 90-day Review Hearings to:Monitor servicemember’s progressEnsure compliance with TROReceive progress reports from the case manager and treating physical/therapistEstablish reintegration with the children

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OC Family Law DV Vet Program Parameters (cont.)

After 1 year, if victim feels comfortable and no violations of TRO, case is droppedIf any new incidents, a new request for restraining order can be made

If 1 year insufficient, Court can extend TRO

As of Fall 2015, much-needed services for families have been added to support ALL parties

in the Vet DV Diversion Program model

Program Outcome Data

Referrals to OCHSA: 139 Enrolled in/accepted behavioral health

services: 31 Had TROs granted: 31 Age: 85% were 26-59 y/o Gender: 97% male Children: 33

Jul 2015 – Jan 2018

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Successes & Challenges

Contact InfoHon. Lon Hurwitz

lhurwitz@occourts.org

Dr. Kathleen Westwestk@usc.edu