Court system gathering data on how domestic violence cases are handled

Messenger-Inquirer - 8/31/2021

Aug. 31—The court process can be confusing and daunting under the best of circumstances. A criminal case, from beginning to end, can take months or years, and the process is filled with hearings that can be delayed again and again.

Megan Gross, advocacy coordinator for New Beginnings Sexual Assault Support Services in Owensboro, said the clients she works with can be frustrated by both the lengthy process,and by how murky the court system can be.

"Survivors don't understand why there are so many steps and why it's taking so long," Gross said.

If some of survivors are confused by the complexity of the process, Daviess County Attorney Claud Porter also wishes his office could meet more in-person with clients to explain how cases are advancing. But in-person meetings have been hampered by the COVID-19 pandemic. Hearings on domestic violence cases are also being handled virtually.

"In some ways that's helpful, because you don't have to see each other," so the survivor won't have to face their abuser in court, Porter said. But talking on the phone or through video conference isn't as useful as meeting face to face with survivors, Porter said.

Those kind of issues are ones the Administrative Office of the Courts would like to identify and address.

The AOC launched an online survey last week to gather information from people who have experienced domestic violence, dating violence, stalking or sexual violence. The hope is, from hearing about their experiences with the criminal justice system, court officials will be able to identify where survivors experienced gaps in services.

The survey is just part of the agency's effort to identify areas in need of improvement in handling domestic violence, dating violence, sexual assault and stalking cases. The AOC is also surveying court staff and agencies that work with survivors and is planning a series of virtual public forums, which have not yet been scheduled.

The link to the survey can be found at: https://kyaoc.formstack.com/forms/vawa_survey_for_survivors.

Among other things, the survey asks survivors what experience they had when dealing with judges, court staff and law enforcement — such as whether they felt judges, court officials and officers had been trained on how to handle cases of intimate partner violence. The survey, which is confidential, also asks if survivors felt safe during the process and whether they felt blamed by the courts, officers or prosecutors.

The survey also asks if the abuser was ordered by the court to get treatment as part of the sentence or plea agreement, and if the process, such as how to file for a protective order, was explained.

Rachel Bingham, the AOC's director of the Office of Statewide programs, said the AOC is doing the work as one of its goals under the federal Violence Against Women Act.

"This year, we wanted to do a needs assessment, not just for court personnel and court officials," Bingham said "We wanted to glean more information from our stakeholders.

"The needs assessment will identify some of those gaps we can build and improve upon."

The survey also asks if people who have experienced domestic violence in same-sex relationships felt court officials knew how to handle their cases.

"The wording is very inclusive, so we are able to get all perspectives," Bingham said. "I hope we get a broad (range) of response."

Some of the questions ask if survivors believe their experience in court was fair and positive. When asked if clients she has worked with felt their case was handled satisfactorily, Gross said opinions among clients are generally split.

"Some are lucky, they go all the way through the process and see the perpetrator or abuser go away for a long time," Gross said. "But some do feel let down by the plea agreement" or if the grand jury doesn't issue an indictment in their case, Gross said.

When a case is delayed, "they feel they are being put on the back burner," Gross said.

The deadline to complete the survey is Sept. 30. Bingham said it was important for AOC officials to hear from survivors as well as court officials when looking for ways to improve the court process.

"If we just look at one area, we know we are never going to get all of the information," Bingham said.

Porter said officials do want to hear from survivors and clients about their experiences.

"We try to make as many contacts as we can (with survivors), and we'd like to know if there are any gaps," Porter said. "We would like to know ... if there are things we can do better."

James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse

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