By Gwen Strough
April 24, 2008 07:25 am
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Editor’s Note: Legally Speaking is presented regularly by the Pendleton News. The series is designed to explore various aspects of Pendleton Town Court, and to answer commonly asked questions about town court-related procedures. Pendleton Town Court is located at 550 N. Pendleton Avenue. Court hours are 9 a.m. - 4 p.m. Monday through Thursday.
Q. Why is there a victim advocate in the Pendleton Court and what purpose does a victim advocate serve?
There are many people, women make up the majority, who are the victims of physical abuse and/or domestic battery, which often end up in crisis situations. Most calls for the victim advocate comes from a battery complaint. The common definition of battery is harmful or offensive contact, touching, use of physical force or threatened use of a deadly weapon. Law enforcement officers who arrive at the scene evaluate the circumstances, and often request immediate help from a victim advocate. The role of an advocate is to provide crisis intervention and assist victims in all aspects of recovering from the physical, emotional and financial impact of the crime.
“The first thing we do is make the victim feel safe,” said Bonnie Coogan, who works alongside local and county law enforcement agencies and is on call 24 hours a day as a victim advocate. “We want victims to be able to express their emotions,” she said, adding that advocates stay at the scene as long as necessary to discuss the event, document the details, inform victims of their rights and options, and tell them what comes next. Coogan said advocates ask victims for permission to stay in contact until they can stand on their own again.
About 95 percent of victims Coogan sees are women, and one of the first decisions they face is whether to remain in the home, live with other family members, or seek assistance from a shelter, such as Alternatives, Inc. which provides up to 45 days of free housing, in addition to assistance in finding employment and further education.
Understanding the trauma experienced by victims and guiding them toward emotional stability and recovery includes helping them develop a safety plan.
“Safety is of the utmost importance,” said Coogan. “If a victim chooses to stay with another family member, there is risk involved because the offender likely knows that location,” she explained. In cases where the perpetrator is arrested and put into jail, one of the victim’s rights is being notified if and when the perpetrator is released. Coogan said family members and neighbors are alerted of the situation so they can keep an eye out for the perpetrator’s vehicle if it is in the vicinity.
Q. When is a victim advocate involved in the legal process at Town Court?
When an arrest is made for any level of battery, a defendant can be held for a cooling down period which is a minimum of 18 hours for the Pendleton Court. The defendant is normally arraigned by video from Madison County jail. During the arraignment, the victim is identified and a ‘no contact order’ must be signed by the defendant before he can be released from jail. In doing so, the accused is ordered to have no contact with the victim in person, by telephone or letter or in any other way, directly or indirectly except through an attorney of record, court, or law enforcement designate until the matter is settled in court.
Coogan said one of the biggest fears confronting an abuse victim is being in the courtroom to testify against the defendant. Advocates assure the victim that they will be in court with them through the entire process and no harm will come to them.
From April 15, 2007 to April 15, 2008 , Pendleton Town Court Judge George Gasparovic heard approximately 65 battery cases. From his perspective, the judge said anger and its control are major factors. Alcohol plays a role in many cases, too.
Gasparovic said victim advocates play an important part in the judicial process. He depends on them to be the eyes and ears in abuse cases because they have the ability to furnish him with important information. Is the defendant participating in batterers intervention/anger management classes if they were court ordered? Is the couple in counseling? Gasparovic listens to recommendations from victim advocates, who often can report their perception of progress or the lack of it.
Q. Are there instances when abuse victims refuse the services offered by advocates?
Coogan said some victims refuse the services of an advocate, and go back to the perpetrator, blaming the abuse on alcohol or drugs. “He promised he’d never do it again,” she’s heard over and over. In those cases, on average, they go back into the abusive situation seven times before finally making the decision to leave. She said victims often feel trapped by finances.
It isn’t unusual for Coogan to return to a home more than once. In her job with the Victim Advocacy Program, she has daily access to reports. If she recognizes names and knows there has been a history of abuse, she tries to make contact with the victim.
It’s all about choices and making good decisions, she explained. “I try to help them stand on their own a bit, so they’ll feel like they’re getting control of their life again.”
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