Legal system fails domestic violence victims
The current statewide and local legal process for victim survivors of domestic violence to seek courtordered emergency protections is antiquated and unacceptable.
While the issues surrounding domestic violence have received greater national and local attention, we must understand there are many reasons a victim survivor of domestic violence may be reticent to seek court protection and the court process should not be one of those reasons.
But, perhaps there is hope. The Broward County Chiefs of Police Association formed a committee, which included the participation of many stakeholders in Broward County, to re-examine the current process for victims of domestic violence. After months of research, analysis and meetings, the association issued a comprehensive report examining the current state of the law and the process in Broward County.
A major theme included the recognition that the law and the process for victims have not caught up with basic technology available in our daily lives.
Some of the recommendations require the Florida Legislature to amend statutes, the Florida Supreme Court to amend rules of procedure and the courts to implement technology enhancements. Other recommendations require a local commitment to do better.
For instance, currently all victims wanting courtordered protections from domestic violence must go in person to the main courthouse. Often, the victims, and their children, wait hours if not the entire day at the courthouse. While there is a system theoretically available for electronic filing of petitions, the committee was unanimous is concluding that e-filing system is neither realistically nor meaningfully available to the victims. Even if victims could e-file, they must still go to the main courthouse to obtain a valid order of protection.
The committee recommended, with the support of the clerk of court, the three regional courthouses in Hollywood, Deerfield Beach and Plantation be made available for victims to file petitions for injunctions and to obtain the resulting court orders of protection. Implementation requires the court system to finish technology enhancements, which in the opinion of the committee should be expedited.
The work of the committee has already generated positive results. The clerk of court has hired additional staff and re-focused resources for victims. Going forward, many of the other thoughtful recommendations will require the participation and support of the Broward County Board of County Commissioners, the clerk of courts, the judges and others.
We need to do more than decry how the NFL handles domestic violence or debate the impact of videos and music on how women are treated. We must look at what happens day to day and ask, are we doing all that we can do for victim survivors of domestic violence? This committee report concludes no, we are not. However, there is a path to do better if we work together.
Mike Ryan is a law firm partner and the mayor of Sunrise.