[DV_listserv] Answers to Questions

[Domestic Violence issues]

Hello, All: I'd sent out an email with a couple of questions. Here are the answers I've received so far: If you'd like to weigh-in, please send your responses to ME. Thank you!

First Question: Which, if any, jurisdictions have policies, procedures or practices that discourage mutual restraining orders being issued?

 Illinois has a statute prohibiting mutual orders of protection. It is found at 750 ILCS 60/215 and reads, 
"§ 215. Mutual orders of protection; correlative separate orders. Mutual orders of protection are prohibited. Correlative separate orders of protection undermine the purposes of this Act and are prohibited unless both parties have properly filed written pleadings, proved past abuse by the other party, given prior written notice to the other party unless excused under Section 217, satisfied all prerequisites for the type of order and each remedy granted, and otherwise complied with this Act. In these cases, the court shall hear relevant evidence, make findings, and issue separate orders in accordance with Sections 214 and 221. The fact that correlative separate orders are issued shall not be a sufficient basis to deny any remedy to petitioner or to prove that the parties are equally at fault or equally endangered."

Crook County: Our jurisdiction does not have any policies that discourage mutual restraining orders.  

Josephine County: I'm not aware of any particular practice discouraging mutual ROs.  I see them occasionally but not too often.

 

Second Question: What bail amounts are courts setting for misdemeanor crimes of DV? For Violations of ROs?

Clackamas County: If we don't ROR (which we commonly do when someone is eligible for DVDSP), we set bail at $50,000 for Class 'A' misdemeanors, $20,000 for Harassments and VROs $10K - $25K depending on their history.

Crook Co.: Currently, our courts are not setting bail for misdemeanor domestic violence unless there is a long history or other aggravating factors.  We have no jail space.  For almost all misdemeanors (and many felonies) and violations of restraining orders, the majority of defendants are booked and released almost immediately.  

Josephine County: Bail amounts of DV cases are ridiculously low in our county.  We have to have pretty compelling facts to get 30-50k on an assault 4 felony and the defense attorneys tell the court that measure 11 is only mandated at 50k so a class C felony should be much less.  If I have a Coercion or Kidnapping it's easier to get 40+.  Without any input from the state the court will routinely conditionally release defendant's charged with misd crimes, or if they are kept in custody 5-10k.  Assault 4 felony usually around 10-15k.  RO violations, conditional release or 2-5k. 

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