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Withdrawal/Redaction Sheet Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001. memo For Lisa Caputo and Maggie Williams from Karen Finney re: days off 05/03/96 b(6) (1 page) 002. resume Re: Charles E. Poston (partial) (1 page) n.d. b(6) 003. memo To Interested Parties from Lottie Scackelford re: Women's Activities 03/22/96 Personal Misfile for Convention '96 (1 page) 004. letter To Maggie Williams from Donald L. Fowler re: Democratic Party (3 04/09/96 Personal Misfile pages) COLLECTION: Clinton Presidential Records First Lady's Office Maggie Williams (Subject Files) OA/Box Number: 12632 FOLDER TITLE: Maggie Williams Miscellaneous Il [2] 2013-0359-S ry1496 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRAJ b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information |(a)(4) of the PRA] h(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. Peray such call N & SCHUSTER R Becky will Simon & Schuster Consumer Group Rebecca Saletan 1230 Avenue of the Americas Senior Editor New York, NY 10020 Division 212-698-7061 Fax: 212-698-7453 29 April 1996 chy but if will looks fell her we 'IC Trade Maggie Williams The White House like HRC Dear Maggie, be travelling W Predent Ellen Shapiro, who handles our academic marketing, got a call last week from someone at the National Education Association asking whether Mrs. Clinton would be interested in doing a speech/book event at their convention. This sounds to us like an ideal audience, and the location - Washington, D.C.- couldn't be more convenient. The NEA expects 9,000-12,000 attendees at the conference, which runs June 30-July 2. Is this a possibility we should pursue? Yours truly, Becky Rebecca Saletan CC: Carolyn Reidy Wendy Nicholson Victoria Meyer Ellen Shapiro Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001. memo For Lisa Caputo and Maggie Williams from Karen Finney re: days off 05/03/96 b(6) (1 page) COLLECTION: Clinton Presidential Records First Lady's Office Maggie Williams (Subject Files) OA/Box Number: 12632 FOLDER TITLE: Maggie Williams Miscellaneous II [2] 2013-0359-S ry1496 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] PI National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute ((a)(3) of the PRAI an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA| b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. Charles Duncen 65263 NO / MAR-29-96 FRI 11:58 REDC FAX NO. 9198342890 P. 02 03/28/1996 11:51 9199677683 DAY CARE SERVICES Day Care Services Association, Inc. NO PAGE 01 P.O. Box 901 A private, non-profit, tax exempt organization dedicated to (919) 967-3272 Chapel Hill. N.C. 27514 promoting quality, affordable child care for all families. FAX (919) 967-7683 March 27, 1996 Ms. Hilary Rodham Clinton First Lady The White House Washington, D.C. 20001 Dear Ms. Clinton, Day Care Services Association is planning its annual fundraising dinner. Early childhood professionals and local and state public policymakers come together to honor the work of DCSA and to pay tribute to the work of the recipient of the James and Carolyn Hunt Early Childhood Award. Last year Gov. and Mrs. Hunt were our guests of honor and the first recipients of the Award. Harvey Gantt delivered the dinner's keynote address. This year Mrs. Hunt will present the award. We hope to hold the dinner on June 21. We invite you to join us and to deliver the keynote address for the evening. A reception and children's art auction is held prior to the dinner. This informal setting would provide a great opportunity for you to autograph copies of your new book. Invitations for the dinner will be sent to members of the early childhood community across North Carolina, elected officials, child advocates, friends of young children, and some of the people we have served. We expect to have 350-400 guests. If you would like to meet with a larger audience, we would be amenable to coordinating an additional event on the same day. If this date is inconvenient, we will adjust our schedule to meet your needs. Day Care Services Association has been a leading force in the development of more affordable, higher quality child care in North Carolina. For example, the agency has developed and administers the T.E.A.C.H. Early Childhood Project, which is a national model for Improving the education and compensation of the early childhood workforce. This project alone has affected the lives of over 50,000 children and is being replicated in Georgia, Florida and Illinois. We encourage you to review the enclosed video and materials to learn more about our work. We hope that you can join us. We look forward to hearing from you soon. Sincerely, Anita Payne, President Sue Russell Board of Directors Executive Director MAR-29-96 FRI 14:58 REDC FAX NO. 9198342890 P.01 FAX Rural The Center Date: 3-29-94 To: CHARLES Duncan FAX #: 202-456-2259 From: N.C. Rural Economic Development Center, Inc. 1300 St. Mary's Street, Suite 500 Raleigh, NC 27605 Phone: (919) 715-2725 FAX: (919) 715-2731 # of Pages: 2 including cover pages Comments: Re: DAY CARE SERVICES Asso. not enough atok about Soll MAGGO por Brown / time - Doing VIDEO WHITE HOUSE WASHINGTON March 28, 1996 Ms. Susan L. Taylor Editor-in-Chief Essence Essence Communications 1500 Broadway New York, New York 10036 Dear Ms. Taylor: Thank you for requesting that President Clinton present the 1996 Essence Award to Ms. Whoopi Goldberg. The President has asked us to convey his appreciation for your kind offer. Unfortunately, the President's schedule will not permit him to accept your invitation. He regrets that he will be unable to present the award. However, please know that the President sincerely appreciates your thoughtful offer. On behalf of the President, thank you again for writing. Please do not hesitate to contact our office if we can provide you with any further assistance. Sincerely, She J Stephanie S. Streett 6-2823 Director of Scheduling Cwells Anne Walley Director of Scheduling SSS/AW/dxk 03/13/96 WED 20:38 FAX 2022238705 X 001 BACK TO BUSINESS COMMITTEE Facsimile Cover Sheet 1920 L Street, NW, Suite 700 Washington, D.C. 20036 PHONE (202) 955-1297 TO: Maggie Williams FAX NUMBER: (202) 456-6244 FROM: Lynn Cutler & Stacy Beck DATE: March 13, 1996 REFERENCE # 02720 Number of pages including this cover: 4 If you do not receive all pages please contact Stacy Beck by telephone at (202) 955-1297. MESSAGE F.Y.I. ~ Going out to B213 Pay fast. This transmission Is Intended only for the use of the Individual or entity to which It is addressed, and may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message Is not the Intended recipient, or the employee or agent responsible for delivering the message to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal service. Thank you. 1920 L Street, NW Suite 700 Washington, DC 20036 (202) 955-1297 (202) 659-5559 FAX - 03/13/96 WED 20:38 FAX 2022238705 002 BACK TO BUSINESS COMMITTEE To: Back to Business Supporters and Friends From: Lynn Cutler and Stacy Beck Re: The Latest Date: March 13, 1996 As you probably know, James Stewart's new book Blood Sport, which was excerpted in this week's Time magazine, will hit book stores at the end of this week. The consensus appears to be that the book contains no new revelations. In the words of Newsweek's Michael Isikoff, "the twists and turns of the Clinton financial dealings may bore all but the most devoted Whitewater aficionados." The bottom line is that, as Time itself stated, "Anyone looking for evidence that might indict Bill or Hillary Clinton will be disappointed." Yet, we do expect some press on the book in the next few days, and wanted to provide you with the attached information in the event that you are asked about it. Feel free to call us at (202) 223-8700 if you have any questions. 1920 L Street, NW Suite 700 Washington, DC 20036 (202) 955-1297 (202) 659-5559 FAX - 03/13/96 WED 20:39 FAX 2022238705 003 BACK TO BUSINESS COMMITTEE A Few Things to Remember After an exhaustive look at Whitewater, James Stewart, a Pulitzer Prize-winning author, recycles information that has already been made public over the past several years by other investigative journalists, congressional hearings, and government reports. Stewart reached conclusions which repudiate allegations made by President Clinton's partisan political opponents. For example, Stewart concluded: There is no evidence that Governor Clinton bestowed favors on Jim McDougal in return for the Whitewater investment. There is no evidence that the Governor influenced the Arkansas Securities Commissioner. Beverly Bassett Schaffer to give McDougal's S & L preferential treatment. There is no evidence that Madison Guaranty funds were siphoned from Madison Guaranty to benefit Whitewater or the Clintons. All Whitewater bank loans were ultimately repaid in full. Another exhaustive review of Whitewater the official report of the RTC on Whitewater and the representation of Madison by the Rose Law Firm -- also sustained what the Clintons have maintained all along about Whitewater. This report, prepared by a major law firm with strong Republican ties at a cost of $4 million, reached the following conclusions: There is no basis to assert that the Clintons knew anything of substance about the McDougal's advances to Whitewater, the course of the funds used to make those advances or the source of the funds used to make payment on the bank debt. The Clintons lost money on the Whitewater investment -- $41.192. There was "no hint of fraud or intentional misconduct" in the way in which the Rose Law Firm was retained by Madison Guaranty. "There is no suggestion that the money was to be a gratuity (as opposed to payment for work performed), nor is there any suggestion of an improper quid pro quo. Again, there is no proof of fraud, intentional misconduct or harm to Madison Guaranty." 1920 L Street, NW Suite 700 Washington, DC 20036 (202) 955-1297 (202) 659-5559 FAX 03/13/96 WED 20:39 FAX 2022238705 004 Page 2 Stewart challenges Mrs. Clinton's description of her role in the Whitewater investment as passive. Yet, Mrs. Clinton has always acknowledged that in the later years of the investment, after all the lots had been sold and the McDougals were unavailable to attend to the company's business, she undertook the necessary steps to ensure that Whitewater's affairs were properly conducted and that the company complied with the law. The RTC confirmed that the Clintons were passive investors: "The evidence suggests that the Clinton has little direct involvement in Whitewater's financial management, until 1988, by which time, all of the lots had been sold and McDougal had suffered a nervous breakdown. After 1988, Mrs. Clinton played a more active role." The RTC report makes reference to Mrs. Clinton's own description of her role in a letter she wrote in 1991 in which she talks about having "spent a great deal of time and money in the last several years [leading up to 1991] trying to understand the corporation's activities and paying for certain of its liabilities such as real estate taxes, corporate franchise fees, and accounting fees incident to tax preparation." In his book, Stewart is critical of Mrs. Clinton's financial disclosure statement that she submitted in connection with the Citizens Bank loan renewal. He challenges her valuation of the Whitewater asset at $100,000, suggesting that the bank would not have known that amount represented the value of the combined interest of the Clinton and McDougals. However, on the disclosure form, Mrs. Clinton identified the asset owners as "Clinton & McDougal through Whitewater." Further, Stewart failed to note that on the liabilities side of the statement, the Clintons listed the entire amount of the loans they shared with the McDougals. The vice president of the bank, Ron Proctor, had physically inspected the Whitewater land in January 1987 and concluded that the collateral supporting the loan was worth $104,000. The loan principal itself was only $53,000. Stewart emphasized claims by the McDougals that they tried to get the Clintons out of Whitewater and recounts the rejection by Mrs. Clinton of Susan McDougal's request that she sign a stock transfer. Oddly, Stewart fails to credit the understandable unwillingness of the Clintons to surrender their equity in Whitewater to the McDougals while they were still personally liable on the Whitewater loans. PRESCOTT HEALY COMPANY LTD. Peggy has Letter atd to Maggie 4/4/96 Williams Check with. to see Gaus to Arn W/letter to Mrs. Clinton mailing her to Participate in the Schoal-tw-Word April 4, 1996 Peonal Kick off Evene in may 5, 1996 Maggie Williams Office of the First Lady - The White House Washington, DC 20500 Dear Maggie: Although it has been a while since we last spoke, I hope this letter finds you well. Best wishes for you in this Easter season. Enclosed is the letter from Leonard to the First Lady. I hope you will find some time to look over the letter and deliver it to her promptly. I will be calling you next week to follow up. Thank you for your help. I'll be in touch. Sincerely, John P. Healy Managing Director JPH/th 444 N. Michigan Avenue Suite 440 Chicago, Illinois 60611 Tel. (312) 527-0355 Fax (312) 527-3760 SERVICE MISS AMERICA SCHOLLESING STYLE SUCCESS April 4, 1996 The Honorable Hillary Rodham Clinton Office of the First Lady The White House Washington, DC 20500 Dear Mrs. Clinton: I hope this letter finds you well since your return from Bosnia. It must have been an extraordinary trip for you and Chelsea, besides being so wonderful for the troops and their families. I'm writing today to bring to your attention a very special event that's being planned by the Miss America Organization. As you may remember, our Organization renewed its commitment to community service last year in conjunction with our 75th Anniversary. This year we have chosen to manifest that commitment through a national day of service that may become an annual tradition for our women throughout the country. The purpose is to set aside one day each year in which our state and local titleholders are concurrently performing community service in the cities and towns where they work and live. The focus of each year's day of service will follow Miss America's personal platform, whatever it may be that year. Scheduled for Monday, May 6, 1996, this year's day of service will focus on the School-to-Work movement, since it is the platform of Shawntel Smith, Miss America 1996. Our hope is to have our 50 state titleholders, many local titleholders and some former Miss Americas making appearances at local schools and businesses to promote the issue. We're calling the day of service "School-to-Work: Miss America in Action," and it has been sanctioned by the National School-to-Work office and the Departments of Labor and Education. The day before, Sunday, May 5, we're planning a national kick-off in a pep rally format in Washington to heighten national awareness for both the issue and Monday's day of service. On behalf of Shawntel Smith and the Miss America Organization, I would like to invite you to participate in this kick-off event, which should bring additional attention to an issue that I know is important to the Clinton Administration. P.O. Box 119 Atlantic City, NJ 08404 (609) 345-7571 FAX (609) 347-6079 Established 1921 We certainly do not want to impose on your time or your generosity to our Organization, but frankly we're still receiving so many positive comments about last year's Women's Achievement Award event that we hoped you might consider an encore performance this year. And, your work in the areas of education and community service would be inspirational to our women who work so hard to serve as female role models in their communities. I will be in touch with your office shortly to see if we might provide additional details or answer any questions you may have. Once again, thank you for your support of the Miss America Organization and all the good work that you do. Sincerely yours, Leonard C. Horn Chief Executive Officer LCH/s cc: Phyllis George FedEx USA Airbill 6978043181 FedEx Retrieval Copy 49 100 43726639 5229M From Service 4/4/96 1450-3371-3 Date Totil Amount Number JOHN HEALY 312-527-0355 Smight Phone PRESCOTT HEALY COMPANY LTD Dept Hont Suite/Rour 5 Packaging 444 N MICHIGAN AVE STE 2990 440 PartEr Lener CHICAGO IL 60611 6 Special Handling State Does this shipment from 801 contain daugereus goods 3 To MAGGIE WILLIAMS Phone 202 456-1414 Payment Che Recordings Bill WHITE House to: x Sender Compan OFFICE OF THE FIRST LADY Due Diger 1600 PENNSYLVANIA AVE 100EOB WASHINGTON DL 20500 Total Packages Total Welple Total linclared Value Total Charges Far "HOLD" Service check here For Saturday Delivery check here is Release signature 6978043181 4 194 FedEx® Tracking USA Airbill Number 6978043181 Recipient's Copy 49 100 43726639 5229M 1 From 4 Service* 4/4/96 FedEx Priority Overnight FedEx Standard Overnight FedEx 2Day Date (Next business morning) (Next business afternoon) (Second business day) FedEx Govt. 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Services CO.D SERVICE IS NOT AVAILABLE WITH an additional charge, and document your actual loss in a timely Guide. manner. You may pay an additional charge for each additional THIS AIRBILL. If C.O.D. Service is required, please use a Federal You may send more than one package on this airbill and fill in $100 of declared value. The declared value does not constitute, Express C.O.D. airbill. the total declared value for all packages, not 10 exceed the $100, nor do we provide carge liability insurance. $500 01 $50,000 per package limit described above. (Example: 5 Air Transportation Tax Included Our basic rate In any event, we will not be liable for any damage, whether packages can have a total declared value of up to $250,000.) In includes a federal tax required by Internal Revenue Code Section direct, incidental, special. or consequential in excess of the 4271 on the all transportation portion of this service. that case, our liability IS limited to the actual value of the declared value of a shipment. whether or not Federal Express package(s) lost or damaged, but may not exceed the maximum Money-Back Guarantee In the event of untimely delivery, had knowledge that such damages might be incurred including allowable declared value(s) 01 the total declared value, Federal Express will at your request and with some limitations, not not limited to loss of income or profits whichever is less You are responsible for proving the actual refund or credit all transportation charges See current Service PHOTOCOPY PRESERVATION NORFOLK FAMILY VIOLENCE Collex call ALLIANCE 800 E. City Hall Ave., 3rd Floor Norfolk, Virginia 23510 (804) 664-7649 5.6.96 to the April 30, 1996 Hillary Rodham Clinton Office of the First Lady, Room 100 so Legal we Old Executive Office Building Washington, D.C. 20500 Dear Mrs. Clinton: The Norfolk Family Violence is a broad based consortium of local agencies committed to the prevention of family violence and advocating for improved policies, services and resources for victims of family violence. The Alliances 2nd Annual Conference "Justice or Injustice"? is scheduled for Thursday, June 20, 1996 at Old Dominion University in Norfolk, Virginia. Our agenda this year is broad based. Two factors will dominate the conference. One a panel study and discussion of the Virginia Commission on Family Violence recommendations to the 1996 General Assembly, (attached) and the General Assembly's decisions. Secondly the role magistrates, law enforcement, attorneys and the courts play in response to victims of family violence: a study of the accentuating factors. Also of imperative importance this year we will include a keynote address on the "silent victims;" our children. We here at the grass roots level are empowered, Mrs. Clinton, by your continuing advocacy and support of the woman and children who are imprisoned by family violence. Language is a powerful tool. What you have to say, would have tremendous impact in reinforcing our endeavor towards the future welfare of these children. We would be honored if you would consider giving the keynote address at our conference June 20, 1996? Your address coupled with the Clinton Administration working to create a seamless system so that no woman or child suffering from domestic violence falls through the cracks, would be dramatic indeed. Increasingly, we must all come to realize the terrible toll claimed by domestic violence. Enclosed is an agenda of the conference, also last years conference manual. If you have any questions please call me at (804) 664-7649. Our sincere appreciation of your consideration. Joephine Sincerely Phipps Josephine Phipps Norfolk Family Violence Alliance Executive Director Friends of the Norfolk Juvenile and Domestic Relations Court, Inc. JP/at enclosure 1996 Legislative Update Virginia Commission on Family Violence Prevention April 18, 1996 1996 SESSION 968208687 1 SENATE BILL NO. 113 2 AMENDMENT IN THE NATURE OF A SUBSTITUTE 3 (Proposed by the House Committee for Courts of Justice 4 on March 4, 1996) 5 (Patron Prior to Substitute-Senator Howell) 6 A BILL to amend and reenact §§ 9-170, 16.1-253, 16.1-253.1, 16.1-253.2, 16.1-279.1, 18.2-57.2, 7 18.2-60.3, 18.2-308.1:4, 19.2-81, 19.2-81.3 and 20-103 of the Code of Virginia; §§ 16.1-296 and 968208687 8 16.1-298 of the Code of Virginia as they are currently effective; § 16.1-296.2 of the Code of 9 Virginia as it may become effective; and §§ 16.1-243, 16.1-245.1, 16.1-253.4 and 16.1-278.14 of 10 the Code of Virginia, as they are currently effective and as they may become effective, relating to 11 protective orders; penalty. 12 Be it enacted by the General Assembly of Virginia: 13 1. That §§ 9-170, 16.1-253, 16.1-253.1, 16.1-253.2, 16.1-279.1, 18.2-57.2, 18.2-60.3, 18.2-308.1:4, 14 19.2-81, 19.2-81.3 and 20-103 of the Code of Virginia; §§ 16.1-296 and 16.1-298 of the Code of 15 Virginia as they are currently effective; § 16.1-296.2 of the Code of Virginia as it may become 16 effective; and §§ 16.1-243, 16.2-245.1, .1-253.4 and 16.1-278.14 of the Code of Virginia, as they 17 are currently effective and as they may become effective, are amended and reenacted as follows: 18 § 9-170. Powers and duties of the Board and the Department. 19 The Department, under the direction of the Board, which shall be the policy-making body for SB113H1 20 carrying out the duties and powers hereunder, shall have the power to: 21 1. Promulgate regulations, pursuant to the Administrative Process Act (§ 9-6.14:1 et seq.), for the 22 administration of this chapter including the authority to require the submission of reports and 23 information by law-enforcement officers within this Commonwealth. Any proposed regulations 24 concerning the privacy, confidentiality, and security of criminal justice information shall be submitted 25 for review and comment to any board, commission, or committee or other body which may be 26 established by the General Assembly to regulate the privacy, confidentiality, and security of 27 information collected and maintained by the Commonwealth or any political subdivision thereof; 28 2. Establish compulsory minimum training standards subsequent to employment as a 29 law-enforcement officer (i) in permanent positions, and (ii) in temporary or probationary status, and 30 establish the time required for completion of such training; 31 3. Establish compulsory minimum curriculum requirements for in-service and advanced courses 32 and programs for schools, whether located in or outside the Commonwealth, which are operated for 33 the specific purpose of training law-enforcement officers; 34 3a. Establish (i) compulsory minimum training standards for law-enforcement officers who utilize 35 radar or an electrical or microcomputer device to measure the speed of motor vehicles as provided in 36 § 46.2-882 and establish the time required for completion of the training and (ii) compulsory 37 minimum qualifications for certification and recertification of instructors who provide such training; 38 4. Establish compulsory training courses for law-enforcement officers in laws and procedures 39 relating to entrapment, search and seizure, evidence, and techniques of report writing, which training 40 shall be completed by law-enforcement officers who have not completed the compulsory training 41 standards set out in subdivision 2 above, prior to assignment of any such officers to undercover 42 investigation work. Failure to complete such training shall not, for that reason, constitute grounds. to 43 exclude otherwise properly admissible testimony or other evidence from such officer resulting from 44 any undercover investigation; 3/5/96 14:27 45 5. Establish compulsory minimum entry level, in-service and advanced training standards for those 46 persons designated to provide courthouse and courtroom security pursuant to the provisions of 47 § 53.1-120, and to establish the time required for completion of such training; 48 6. Establish compulsory minimum entry level, in service and advanced training standards for 49 deputy sheriffs designated to serve process pursuant to the provisions of § 8.01-293, and establish the 50 time required for the completion of such training; 5f 7. Establish compulsory minimum entry-level, in-service, and advanced training standards for 52 persons employed as jailers or custodial officers by local criminal justice agencies and for correctional 53 officers employed by the Department of Corrections under the provisions of Title 53.1. and establish 54 the time required for completion of such trainings 2 House Substitute for S.B. 113 1 8. Establish compulsory minimum training standards for all dispatchers employed by or in any 2 local or state government agency, whose duties include the dispatching of law-enforcement personnel. 3 Such training standards shall apply only to dispatchers hired on or after July 1, 1988; 4 9. Consult and cooperate with counties, municipalities, agencies of this Commonwealth, other state 5 and federal governmental agencies, and with universities, colleges, junior colleges, and other 6 institutions, whether located in or outside the Commonwealth, concerning the development of police 7 training schools and programs or courses of instruction; 8 10. Approve institutions, curricula and facilities, whether located in or outside the Commonwealth, 9 for school operation for the specific purpose of training law-enforcement officers; but this shall not 0 prevent the holding of any such school whether approved or not; 1 11. Establish and maintain police training programs through such agencies and institutions as the 2 Board may deem appropriate; 3 12. Establish compulsory minimum qualifications of certification and recertification for instructors 4 in criminal justice training schools approved by the Department; 5 13. Conduct and stimulate research by public and private agencies which shall be designed to 6 improve police administration and law enforcement; 7 14. Make recommendations concerning any matter within its purview pursuant to this chapter; 8 15. Coordinate its activities with those of any interstate system for the exchange of criminal 9 history record information, nominate one or more of its members to serve upon the council or :0 committee of any such system, and participate when and as deemed appropriate in any such system's :1 activities and programs; :2 16. Conduct inquiries and investigations it deems appropriate to carry out its functions under this :3 chapter and, in conducting such inquiries and investigations shall have the authority to require any :4 criminal justice agency to submit information, reports, and statistical data with respect to its policy :5 and operation of information systems or with respect to its collection, storage, dissemination. and 6 usage of criminal history record information and correctional status information, and such criminal :7 justice agencies shall submit such information, reports, and data as are reasonably required; :8 17. Conduct audits as required by § 9-186; 9 18. Conduct a continuing study and review of questions of individual privacy and confidentiality 0 of criminal history record information and correctional status information; .1 19. Advise criminal justice agencies and initiate educational programs for such agencies with 2 respect to matters of privacy, confidentiality, and security as they pertain to criminal history record 3 information and correctional status information; 4 20. Maintain a liaison with any board, commission, committee, or other body which may be 5 established by law, executive order, or resolution to regulate the privacy and security of information 6 collected by the Commonwealth or any political subdivision thereof; 7 21. Issue regulations establishing guidelines and standards for the collection, storage, and 8 dissemination of criminal history record information and correctional status information, and the 9 privacy, confidentiality, and security thereof necessary to implement state and federal statutes, 0 regulations, and court orders; 1 22. The Department of State Police shall be the control terminal agency for the Commonwealth 2 and perform all functions required of a control terminal agency by the regulations of the National 3 Crime Information Center. Notwithstanding any other provision to the contrary in this chapter, the 4 Central Criminal Records Exchange and the Department of State Police shall remain the central .5 repository for criminal history record information in the Commonwealth, and the Department shall 6 continue to be responsible for the management and operation of such exchange; .7 23. Operate a statewide criminal justice statistical analysis center, which shall maintain a unified .8 criminal justice data system, produce reports, provide technical assistance to state and local criminal 9 justice data system users and provide analysis and interpretation of criminal justice statistical 0 information; :1 24. Develop a comprehensive statewide long-range plan for strengthening and improving law i2 enforcement and the administration of criminal justice throughout the Commonwealth, and i3 periodically update that plan; ;4 25, Cooperate with, and advise and assist, all agencies, departments, boards and institutions of the House Substitute for S.B.113 3 1 Commonwealth, and units of general local government, or combinations thereof, including planning 2 district commissions, in planning, developing, -and administering programs, projects, comprehensive 3 plans, and other activities for improving law enforcement and the administration of criminal justice 4 throughout the Commonwealth, including allocating and subgranting funds for these purposes; 5 26. Define, develop, organize, encourage, conduct, coordinate, and administer programs, projects 6 and activities for the Commonwealth and units of general local government, or combinations thereof, 7 in the Commonwealth, designed to strengthen and improve law enforcement and the administration of 8 criminal justice at every level throughout the Commonwealth; 9 27. Review and evaluate programs, projects, and activities, and recommend, where necessary, 10 revisions or alterations to such programs, projects, and activities for the purpose of improving law 11 enforcement and the administration of criminal justice; 12 28. Coordinate the activities and projects of the state departments, agencies, and boards of the 13 Commonwealth and of the units of general local government, or combination thereof, including 14 planning district commissions, relating to the preparation, adoption, administration, and 15 implementation of comprehensive plans to strengthen and improve law enforcement and the 16 administration of criminal justice; 17 29. Do all things necessary on behalf of the Commonwealth and its units of general local 18 government, to determine and secure benefits available under the Omnibus Crime Control and Safe 19 Streets Act of 1968 (P.L. 90-351, 82 Stat. 197), as amended, and under any other federal acts and 20 programs for strengthening and improving law enforcement, the administration of criminal justice, and 21 delinquency prevention and control; 22 30. Receive, administer, and expend all funds and other assistance available to the Board and the 23 Department for carrying out the purposes of this chapter and the Omnibus Crime Control and Safe 24 Streets Act of 1968, as amended; 25 31. Apply for and accept grants from the United States government or any other source in 26 carrying out the purposes of this chapter and accept any and all donations both real and personal, and 27 grants of money from any governmental unit or public agency, or from any institution, person, firm 28 or corporation, and may receive, utilize and dispose of the same. Any arrangements pursuant to this 29 section shall be detailed in the annual report of the Board. Such report shall include the identity of 30 the donor, the nature of the transaction, and the conditions, if any. Any moneys received pursuant to 31 this section shall be deposited in the state treasury to the account of the Department. To these ends, 32 the Board shall have the power to comply with conditions and execute such agreements as may be 33 necessary; 34 32. Make and enter into all contracts and agreements necessary or incidental to the performance of 35 its duties and execution of its powers under this chapter, including but not limited to, contracts with 36 the United States, units of general local government or combinations thereof, in Virginia or other 37 states, and with agencies and departments of the Commonwealth; 38 33. Adopt and administer reasonable regulations for the planning and implementation of programs 39 and activities and for the allocation, expenditure and subgranting of funds available to the 40 Commonwealth and to units of general local government, and for carrying out the purposes of this 41 chapter and the powers and duties set forth herein; 42 34. Perform such other acts as may be necessary OF convenient for the effective performance of its 43 duties; and 44 35. Certify and decertify law-enforcement officers in accordance with §§ 15.1-131.8:1 and 45 15.1-131.8:2; 46 35. Establish training standards and publish a model policy for law-enforcement personnel in the 47 handling of family abuse cases; and 48 36. Perform such other acts as may be necessary or convenient for the effective performance of its 49 duties. 50 § 16.1-243. Venue. 51 A. Original venue: 52 1. Cases involving children, other than support or where protective order issued: Proceedings with 53 respect to children under this law, except support proceedings as provided in subdivision 2 of this 54 subsection or family abuse proceedings as provided in subdivision 3 of this subsection, shall: 4 House Substitute for S.B. 113 1 a. Delinquency: If delinquency is alleged, be commenced in the city or county where the acts 2 constituting the alleged delinquency occurred or they may, with the written consent of the child and 3 the attorney for the Commonwealth for both jurisdictions, be commenced in the city or county where 4 the child resides; 5 b. Custody or visitation: In cases involving custody or visitation, be commenced in the court of 6 the city or county which, in order of priority, (i) is the home of the child at the time of the filing of 7 the petition, or had been the home of the child within six months before the filing of the petition and 8 the child is absent from the city or county because of his removal or retention by a person claiming 9 his custody or for other reasons, and a parent or person acting as a parent continues to live in the city 10 or county, (ii) has significant connection with the child and in which there is substantial evidence 11 concerning the child's present or future care, protection, training and personal relationships, (iii) is 12 where the child is physically present and the child has been abandoned or it is necessary in an 13 emergency to protect the child because he has been subjected to or threatened with mistreatment or 14 abuse or is otherwise neglected or dependent or (iv) it is in the best interest of the child for the court 15 to assume jurisdiction as no other city or county is an appropriate venue under the preceding 16 provisions of this subdivision; 17 C. Adoption: In parental placement adoption consent hearings pursuant to §§ 16.1-241 and 18 63.1-220.3, be commenced (i) in the city or county where the child to be adopted was born, (ii) in 19 the city or county where the birth parent(s) reside, or (iii) in the city or county where the prospective 20 adoptive parent(s) reside; and 21 d. All other cases: In all other proceedings, be commenced in the city or county where the child 22 resides or in the city or county where the child is present when the proceedings are commenced. 23 2. Support: Proceedings that involve child or spousal support or child and spousal support, 24 exclusive of proceedings arising under Chapter 5 (§ 20-61 et seq.) of Title 20, shall be commenced in 25 the city or county where either party resides or in the city or county where the respondent is present 26 when the proceeding commences. 27 3. Spousal Family abuse: Proceedings in which an order of protection is sought as a result of 28 spousal family abuse shall be commenced where (i) either party has his or her principal residence OF 29 where (ii) the abuse occurred or (iii) a protective order was issued if at the time the proceeding is 30 commenced the order is in effect to protect the petitioner or a family or household member of the 31 petitioner. 32 B. Transfer of venue: 33 1. Generally: Except in custody, visitation and support cases, if the child resides in a city or 34 county of the Commonwealth and the proceeding is commenced in a court of another city or county, 35 that court may at any time, on its own motion or a motion of a party for good cause shown, transfer 36 the proceeding to the city or county of the child's residence for such further action or proceedings as 37 the court receiving the transfer may deem proper. However, such transfer may occur only after 38 adjudication in delinquency proceedings. 39 2. Custody and visitation: In custody and visitation cases, if venue lies in one of several cities or 40 counties, the court in which the motion for transfer is made shall determine which such city or county 41 is the most appropriate venue unless the parties mutually agree to the selection of venue. In the 42 consideration of the motion, the best interests of the child shall determine the most appropriate forum. 43 3. Support: In support proceedings, exclusive of proceedings arising under Chapter 5 (§ 20-61 et 44 seq.) of Title 20, if the respondent resides in a city or county in the Commonwealth and the 45 proceeding is commenced in a court of another city or county, that court may, at any time on its own 46 motion or a motion of a party for good cause shown or by agreement of the parties, transfer the 47 proceeding to the city or county of the respondent's residence for such further action or proceedings 48 as the court receiving the transfer may deem propers For- the purposes of determining venue of cases 49 involving support, the respondent's residence shall include any city or county in which the respondent 50 has resided within the last six months prior to the commencement of the proceeding or in which the 51 respondent, is residing at the time that the motion for transfer of venue is made: If venue is 52 transferable to one of several cities or counties, the court is, which the motion for transfer is made 53 shall determine which such city ok county is the most appropriate venue unless the parties mutually 54 agree to the selection of such venu House Substitute for S.B. 113 5 1 When the support proceeding is a companion case to a child custody or visitation proceeding, the 2 provisions governing venue in the proceeding involving the child's custody or visitation shall govern. 3 4. Subsequent transfers: Any court receiving a transferred proceeding as provided in this section 4 may in its discretion transfer such proceeding to a court in an appropriate venue for good cause 5 shown based either upon changes in circumstances or mistakes of fact or upon agreement of the 6 parties. In any transfer of venue in cases involving children, the best interests of the child shall be 7 considered in deciding if and to which court a transfer of venue would be appropriate. 8 5. Enforcement of orders for support, maintenance and custody: Any juvenile and domestic 9 relations district court to which a suit is transferred for enforcement of orders pertaining to support, 10 maintenance, care or custody pursuant to § 20-79 (c) may transfer the case as provided in this section. 11 C. Records: Originals of all legal and social records pertaining to the case shall accompany the 12 transfer of venue. The transferor court may, in its discretion, retain such copies as it deems 13 appropriate. 14 § 16.1-243. (Delayed effective date) Venue. 15 A. Original venue: 16 1. Cases involving children, other than support or where protective order issued: Proceedings with 17 respect to children under this law, except support proceedings as provided in subdivision 2 of this 18 subsection or family abuse proceedings as provided in subdivision 3 of this subsection shall: 19 a. Delinquency: If delinquency is alleged, be commenced in the city or county where the acts 20 constituting the alleged delinquency occurred or they may, with the written consent of the child and 21 the attorney for the Commonwealth for both jurisdictions, be commenced in the city or county where 22 the child resides; 23 b. Custody or visitation: In cases involving custody or visitation, be commenced in the court of 24 the city or county which, in order of priority, (i) is the home of the child at the time of the filing of 25 the petition, or had been the home of the child within six months before the filing of the petition and 26 the child is absent from the city or county because of his removal or retention by a person claiming 27 his custody or for other reasons, and a parent or person acting as a parent continues to live in the city 28 or county, (ii) has significant connection with the child and in which there is substantial evidence 29 concerning the child's present or future care, protection, training and personal relationships, (iii) is 30 where the child is physically present and the child has been abandoned or it is necessary in an 31 emergency to protect the child because he has been subjected to or threatened with mistreatment or 32 abuse or is otherwise neglected or dependent or (iv) it is in the best interest of the child for the court 33 to assume jurisdiction as no other city or county is an appropriate venue under the preceding 34 provisions of this subdivision; 35 C. Adoption: In parental placement adoption consent hearings pursuant to §§ 16.1-241 and 36 63.1-220.3, be commenced (i) in the city or county where the child to be adopted was born, (ii) in 37 the city or county where the birth parent(s) reside, or (iii) in the city or county where the prospective 38 adoptive parent(s) reside; and 39 d. All other cases: In all other proceedings, be commenced in the city or county where the child 40 resides or in the city or county where the child is present when the proceedings are commenced. 41 2. Support: Proceedings that involve child or spousal support or child and spousal support, 42 exclusive of proceedings arising under Chapter 5 (§ 20-61 et seq.) of Title 20, shall be commenced in 43 the city or county where either party resides or in the city or county where the respondent is present 44 when the proceeding commences. 45 3. Spousal Family abuse: Proceedings in which an order of protection is sought as a result of 46 spousal family abuse shall be commenced where (i) either party has his or her principal residence OF 47 where (ii) the abuse occurred or (iii) a protective order was issued if at the time the proceeding is 48 commenced the order is in effect to protect the petitioner or a family or household member of the 49 petitioner. 50 4. Divorce, annulment, affirmation, separate maintenance or equitable distribution: Suits for 51 divorce, annulment or affirmation of marriage, separate maintenance or equitable distribution based on 52 a foreign decree shall be governed by Chapter 5 (§ 8.01-257 et seq.) of Title 8.01. 53 5. Adoption: Proceedings for adoption shall be governed by §§ 63.1-221 and 63.1-222. 54 6. Emancipation: Proceedings for emancipation shall be governed by § 16.1-331. 6 House Substitute for S.B. 113 1 7. Injunction: Proceedings to award an injunction shall be governed by Chapter 5 (§ 8.01-257 et 2 seq.) of Title 8.01. 3 8. Change of name: Proceedings to change a name shall be governed by § 8.01-217. 4 B. Transfer of venue: 5 1. Generally: Except in custody, visitation and support cases, if the child resides in a city or 6 county of the Commonwealth and the proceeding is commenced in a court of another city or county, 7 that court may at any time, on its own initiative or a motion of a party for good cause shown, 8 transfer the proceeding to the city or county of the child's residence for such further action or 9 proceedings as the court receiving the transfer may deem proper. However, such transfer may occur 10 only after adjudication in delinquency proceedings. 11 2. Custody and visitation: In custody and visitation cases, if venue lies in one of several cities or 12 counties, the court in which the motion for transfer is made shall determine which such city or county 13 is the most appropriate venue unless the parties mutually agree to the selection of venue. In the 14 consideration of the motion, the best interests of the child shall determine the most appropriate forum. 15 3. Support: In support proceedings, exclusive of proceedings arising under Chapter 5 (§ 20-61 et 16 seq.) of Title 20, if the respondent resides in a city or county in the Commonwealth and the 17 proceeding is commenced in a court of another city or county, that court may, at any time on its own 18 motion or a motion of a party for good cause shown or by agreement of the parties, transfer the 19 proceeding to the city or county of the respondent's residence for such further action or proceedings 20 as the court receiving the transfer may deem proper. For the purposes of determining venue of cases 21 involving support, the respondent's residence shall include any city or county in which the respondent 22 has resided within the last six months prior to the commencement of the proceeding or in which the 23 respondent is residing at the time that the motion for transfer of venue is made. If venue is 24 transferable to one of several cities or counties, the court in which the motion for transfer is made 25 shall determine which such city or county is the most appropriate venue unless the parties mutually 26 agree to the selection of such venue. 27 When the support proceeding is a companion case to a child custody or visitation proceeding, the 28 provisions governing venue in the proceeding involving the child's custody or visitation shall govern. 29 4. Subsequent transfers: Any court receiving a transferred proceeding as provided in this section 30 may in its discretion transfer such proceeding to a court in an appropriate venue for good cause 31 shown based either upon changes in circumstances or mistakes of fact or upon agreement of the 32 parties. In any transfer of venue in cases involving children, the best interests of the child shall be 33 considered in deciding if and to which court a transfer of venue would be appropriate. 34 5. Enforcement of orders for support, maintenance and custody: Any family court to which a suit 35 is transferred for enforcement of orders pertaining to support, maintenance, care or custody pursuant 36 to § 20-79 (c) may transfer the case as provided in this section. 37 6. Transfer of venue in suits for divorce, annulment or affirmation of marriage, separate 38 maintenance, or equitable distribution based on a foreign decree, or to award an injunction shall be 39 governed by Chapter 5 (§ 8.01-257 et seq.) of Title 8.01 as these provisions relate to circuit court. 40 C. Records: Originals of all legal and social records pertaining to the case shall accompany the 41 transfer of venue. The transferor court may, in its discretion, retain such copies as it deems 42 appropriate. 43 § 16.1-245.1. Medical evidence admissible in juvenile and domestic relations district court. 44 In any civil case heard in a juvenile and domestic relations district court involving allegations of 45 child abuse or neglect or spousal family abuse, any party may present evidence, by a report from the 46 treating or examining health care provider as defined in § 8.01-581.1 or the records of a hospital or 47 medical facility at which the treatment or examination was performed, or both, as to the extent, 48 nature, and treatment of any physical condition or injury suffered by a person and the examination of 49 the person. 50 A medical report shall be admitted if the party intending to present such evidence at trial or 51 hearing givés the opposing party of parties a copy of the evidence and written notice of intention to 52 present it at least ten days, OF in the case of a preliminary removal hearing under § 16.1-252 or § 53 16.1-253.1 at least twenty-four hours, prior to the trial or hearing and if attached to such evidence is 54 a sworn statement of the treating or examining health care provider who made the report that (i) the House Substitute for S.B. 113 1 information contained therein is true, accurate, and fully describes the nature and extent of the 2 physical condition or injury and (ii) the patient named therein was the person treated or examined by 3 such health care provider. 4 A hospital or other medical facility record shall be admitted if attached to it is a sworn statement 5 of the custodian thereof that the same is a true and accurate copy of the record of such hospital or 6 other medical facility. If thereafter a party summons the health care provider or custodian making 7 such statement to testify in proper person or by deposition taken de bene esse, the court shall 8 determine which party shall pay the fees and costs for such appearance or depositions, or may 9 apportion the same among the parties in such proportion as the ends of justice may require. If such 10 health care provider or custodian is not subject to subpoena for cross-examination in court or by a 11 deposition de bene esse, then the court shall allow a reasonable opportunity for the party seeking the 12 subpoena for such health care provider or custodian to obtain his testimony as the ends of justice may 13 require. 14 § 16.1-245.1. (Delayed effective date) Medical evidence admissible in family court. 15 In any civil case heard in a family court involving allegations of child abuse or neglect or spousal 16 family abuse, any party may present evidence, by a report from the treating or examining health care 17 provider as defined in § 8.01-581.1 or the records of a hospital or medical facility at which the 18 treatment or examination was performed, or both, as to the extent, nature, and treatment of any 19 physical condition or injury suffered by a person and the examination of the person. 20 A medical report shall be admitted if the party intending to present such evidence at trial or 21 hearing gives the opposing party or parties a copy of the evidence and written notice of intention to 22 present it at least ten days, or in the case of a preliminary removal hearing under § 16.1-252 or § 23 16.1-253.1 at least twenty-four hours, prior to the trial or hearing and if attached to such evidence is 24 a sworn statement of the treating or examining health care provider who made the report that (i) the 25 information contained therein is true, accurate, and fully describes the nature and extent of the 26 physical condition or injury and (ii) the patient named therein was the person treated or examined by 27 such health care provider. 28 A hospital or other medical facility record shall be admitted if attached to it is a sworn statement 29 of the custodian thereof that the same is a true and accurate copy of the record of such hospital or 30 other medical facility. If thereafter a party summons the health care provider or custodian making 31 such statement to testify in proper person or by deposition taken de bene esse, the court shall 32 determine which party shall pay the fees and costs for such appearance or depositions, or may 33 apportion the same among the parties in such proportion as the ends of justice may require. If such 34 health care provider or custodian is not subject to subpoena for cross-examination in court or by a 35 deposition de bene esse, then the court shall allow a reasonable opportunity for the party seeking the 36 subpoena for such health care provider or custodian to obtain his testimony as the ends of justice may 37 require. 38 § 16.1-253. Preliminary protective order. 39 A. Upon the motion of any person or upon the court's own motion, the court may issue a 40 preliminary protective order, after a hearing, if necessary to protect a child's life, health or normal 41 development pending the final determination of a petition filed under this law. Such The order may 42 require a child's parents, guardian, legal custodian, other person standing in loco parentis or other 43 adult occupant of the dwelling family or household member of the child to observe reasonable 44 conditions of behavior for a specified length of time. These conditions shall include any one or more 45 of the following: 46 1. To abstain from offensive conduct against the child OF against the other parent a family or 47 household member of the child or against any person to whom custody of the child is awarded; 48 2. To cooperate in the provision of reasonable services or programs designed to protect the child's 49 life. health or normal development; 50 3. To allow persons named by the court to come into the child's home at reasonable times 51 designated by the court to visit the child or inspect the fitness of the home and to determine the 52 physical or emotional health of the child; 53 4. To allow visitation with the child by persons entitled thereto, as determined by the court; 54 5. To refrain from acts of commission or omission which tend to endanger the child's life, health 8 House Substitute for S.B. 113 1 or normal development; or 2 6. To refrain from such contact with the child or family or household members of the child, as the 3 court may deem appropriate, including removal of such person from the residence of the child. 4 However, prior to the issuance by the court of an order removing such person from the residence of 5 the child, the petitioner must prove by a preponderance of the evidence that such person's probable 6 future conduct would constitute a danger to the life or health of such child, and that there are no less 7 drastic alternatives which could reasonably and adequately protect the child's life or health pending a 8 final determination on the petition. 9 B. A preliminary protective order may be issued ex parte upon a petition supported by an affidavit 10 or by sworn testimony in person before the judge or intake officer which establishes that the child 11 would be subjected to an imminent threat to life or health to the extent that delay for the provision of 12 an adversary hearing would be likely to result in serious or irremediable injury to the child's life or 13 health; however, following. Following the issuance of an ex parte order the court shall provide an 14 adversary hearing to the affected parties within the shortest practicable time not to exceed five 15 business days after the issuance of the order. 16 C. Prior to the hearing required by this section, notice of the hearing shall be given at least 17 twenty-four hours in advance of the hearing to the guardian ad litem for. the child, to the parents, 18 guardian, legal custodian, or other person standing in loco parentis of the child OF, to any other adult 19 occupant of the dwelling family or household member of the child to whom the protective order may 20 be directed and to the child if he or she is twelve years of age or older. The notice provided herein 21 shall include (i) the time, date and place for the hearing and (ii) a specific statement of the factual 22 circumstances which allegedly necessitate the issuance of a preliminary protective order. 23 D. All parties to the hearing shall be informed of their right to counsel pursuant to § 16.1-266. 24 E. At the hearing the child and his or her parents, guardian, legal custodian, or other person 25 standing in loco parentis OF and any other adult occupant of the dwelling family or household 26 member of the child to whom notice was given shall have the right to confront and cross-examine all 27 adverse witnesses and evidence and to present evidence on their own behalf. 28 F. Nothing in this section enables the court to remove a child from the custody of his or her 29 parents, guardian, legal custodian or other person standing in loco parentis, and no order hereunder 30 shall be entered against a person over whom the court is does not given have jurisdiction as provided 31 in subdivision F of $ 16.1 241. 32 § 16.1-253.1. Preliminary protective orders in cases of family abuse. 33 A. Upon the filing of a petition alleging that the petitioner is or has been, within a reasonable 34 period of time, subjected to family abuse, the court may issue a preliminary protective order of 35 protection against an allegedly abusing person in order to protect the health and safety of the 36 petitioner or any family or household member of the petitioner. Such The order may be issued in an 37 ex parte proceeding upon good cause shown when the petition is supported by an affidavit or sworn 38 testimony before the judge or intake officer. Immediate and present danger of family abuse or 39 evidence sufficient to establish probable cause that family abuse has recently occurred shall constitute 40 good cause under this section. 41 A preliminary protective order of protection may include any one or more of the following 42 conditions to be imposed on the allegedly abusing person: 43 1. Prohibition of further Prohibiting acts of family abuse. 44 2. Prohibition of Prohibiting such other contacts between the parties as the court deems 45 appropriate. 46 3. Prohibition of Prohibiting such other contacts with the allegedly abused family or household 47 member as the court deems necessary to protect the safety of such persons. 48 4. Granting the petitioner possession of the residence premises occupied by the parties to the 49 exclusion of the allegedly abusing person; however, no such grant of possession shall affect title to 50 any real or personal property 51 5. Granting the petitioner temporary possession or use of a motor vehicle jointly owned by the 52 parties to the exclusion of the allegedly abusing person; however, no such grant of possession or use 53 shall affect titte to the vehicle. 54 56: Requiring that the allegedly abusing person provide suitable alternative housing for the House Substitute for S.B. 113 1 petitioner and any other family or household member, where appropriate 2 B. A copy of an 04 parte a preliminary protective order of protection shall be served as soon as 3 possible on the allegedly abusing person in person as provided in $ 16.1-264. The preliminary order 4 shall specify a date for the full hearing- which The hearing shall be held within fifteen days of the 5 issuance of the preliminary order. Upon request. after the order is issued, she clerk shall provide the 6 petitioner with a copy of the order and information regarding the date and time of service. The order 7 shall further specify that the person served may at any time file a motion with the court requesting a 8 hearing to dissolve or modify the order, The hearing on the motion shall be given precedence on the 9 docket of the court. 10 Upon receipt of the return of service, the clerk shall certify and forward forthwith a copy of the 11 preliminary protective order to the local police department or sheriff's office which shall, on the date 12 of receipt, enter the name of the person subject to the order and other appropriate information 13 required by the Department of State Police into the Virginia crime information network system 14 established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. If 15 the order is later dissolved or modified, a copy of the dissolution or modification order shall also be 16 certified, forwarded and entered in the system as described above. 17 C. The preliminary order is effective upon personal service on the allegedly abusing person. Any 18 Except as otherwise provided in § 16.1-253.2, a violation of the order shall constitute contempt of 19 court. 20 D. At a full hearing on the petition, the court may issue an order of protection a protective order 21 pursuant to § 16.1-279.1 if the court finds that the petitioner has proven the allegation of family abuse 22 by a preponderance of the evidence. 23 § 16.1-253.2. Violation of provisions of protective orders; penalty. 24 In addition to any other penalty provided by law, any person who violates any provision of a 25 protective order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, OF $-16.1-279.1 26 or subsection B of § 20.1-103, which prohibits such person from going or remaining upon land, 27 buildings or premises or from further acts of family abuse, or which prohibits contacts between the 28 respondent and his or her family the respondent's family or household member as the court deems 29 appropriate shall be guilty of a Class 1 misdemeanor. Upon conviction, the person shall be sentenced 30 to a term of confinement and in no case shall the entire term imposed be suspended. 31 § 16.1-253.4. Emergency protective orders authorized in cases of family abuse. 32 A. Any judge of a circuit court, general district court, juvenile and domestic relations district court 33 or magistrate may issue a written or verbal ex parte emergency protective order pursuant to this 34 section in order to protect the health or safety of any person. 35 B. When a law-enforcement officer or an allegedly abused person asserts under oath to a judge or 36 magistrate, and on that assertion or other evidence the judge or magistrate finds reasonable grounds to 37 believe that (i) the respondent has committed assault and battery against a family OF household 38 member abuse and (ii) there is probable danger of a further such offense against a family or 39 household member by the respondent, the judge or magistrate may shall issue a written or verbal ex 40 parte emergency protective order imposing one or more of the following conditions on the 41 respondent: 42 1. Prohibition against further Prohibiting acts in violation of $ 18.2 57.2 family abuse. 43 2. Prohibition of Prohibiting such contacts between the parties by the respondent with family or 44 household members of the respondent as the judge or magistrate deems appropriate necessary to 45 protect the safety of such persons; and 46 3. Granting the family or household member possession of the premises occupied by the parties to 47 the exclusion of the respondent; provided however, no such grant of possession shall affect title to 48 any real or personal property. 49 C. An emergency protective order issued pursuant to this section shall expire not later than at 5 50 p.m. on the next business day that the juvenile and domestic relations court is in session or 51 seventy-two hours after issuance, whichever is later. The respondent may at any time file a motion 52 with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall 53 be given precedence on the docket of the court. 54 D. A verbal emergency protective order issued pursuant to this section shall be reduced to writing, 10 House Substitute for S.B. 113 1 by the law-enforcement officer requesting the order or the magistrate, on a preprinted form approved 2 and provided by the Supreme Court of Virginia. The completed form shall include a statement of the 3 grounds for the order asserted by the officer or the allegedly abused person. 4 E. A copy of an emergency protective order issued pursuant to this subsection section shall be 5 served upon the respondent as soon as possible. One copy of the order shall be given to the family OF 6 household member allegedly abused person when it is issued and one copy shall be filed with the 7 written report required by § 19.2-81.3 C. The original copy shall be forwarded for verification to the 8 judge or magistrate who issued the order and then filed with the clerk of the juvenile and domestic 9 relations district court within five business days of the issuance of the order. The clerk shall certify 10 and forward forthwith a copy of the order to the local police department or sheriff's office which 11 shall, on the date of receipt, enter the name of the person subject to the order and other appropriate 12 information required by the Department of State Police into the Virginia crime information network 13 system established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 14 52. If the order is later dissolved or modified, a copy of the dissolution or modification order shall 15 also be certified, forwarded and entered in the system as described above. Upon request, the clerk 16 shall provide the allegedly abused person with information regarding the date and time of service. 17 F. The availability of an emergency protective order shall not be affected by the fact that the 18 family or household member left the premises to avoid the danger of a violation of $ 18.2 57.2 19 family abuse by the respondent. 20 G. The issuance of an emergency protective order shall not be considered evidence of any 21 wrongdoing by the respondent. 22 H. Any respondent upon whom an emergency protective order has been served and who violates 23 that order shall be guilty of a Class + misdemeanor. 24 + As used in this section, a "law-enforcement officer" means any full-time or part-time employee 25 of a police department or sheriff's office which is part of or administered by the Commonwealth or 26 any political subdivision thereof, and who is responsible for the prevention and detection of crime and 27 the enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time employees are 28 compensated officers who are not full-time employees as defined by the employing police department 29 or sheriff's office. 30 § 16.1-253.4. (Delayed effective date) Emergency protective orders authorized in certain cases; 31 penalty. 32 A. Any judge of a circuit court, general district court, family court or magistrate may issue a 33 written or verbal ex parte emergency protective order pursuant to this section in order to protect the 34 health or safety of any person. 35 B. When a law-enforcement officer or an allegedly abused person asserts under oath to a judge or 36 magistrate, and on that assertion or other evidence the judge or magistrate finds reasonable grounds to 37 believe that (i) the respondent has committed assault and battery against a family OF household 38 member abuse and (ii) there is probable danger of a further such offense against a family or 39 household member by the respondent, the judge or magistrate may issue a written or verbal ex parte 40 emergency protective order imposing one or more of the following conditions on the respondent: 41 1. Prohibition against further Prohibiting acts in violation of $ 18.2 57.2 family abuse; 42 2. Prohibition of Prohibiting such contacts between the parties by the respondent with family or 43 household members as the judge or magistrate deems appropriate necessary to protect the safety of 44 such persons; and 45 3. Granting the family or household member possession of the premises occupied by the parties to 46 the exclusion of the respondent; provided however, no such grant of possession shall affect title to 47 any real or personal property. 48 C. An emergency protective order issued pursuant to this section shall expire not later than at 5 49 p.m. on the next business day that the juvenile and domestic relations court sits in the jurisdiction or 50 seventy-two hours after issuance, whichever is later. The respondent may at any time file a motion 51 with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall 52 be given precedence on the docket of the court: 53 D. A verbal emergency protective order issued pursuant to this section shall be reduced to writing, 54 by the law-enforcement officer requesting the order or by the magistrate, on a preprinted form House Substitute for S.B. 113 01 1 approved and provided by the Supreme Court of Virginia. The completed form whall include a 2 statement of the grounds for the order asserted by the officer or the allegedly abused person. 3 E. A copy of an emergency protective order issued pursuant to this subsection section shall be 4 served upon the respondent as soon as possible. One copy of the order shall be given to the allegedly 5 abused person when it is issued family OF household member and one copy shall be filed with the 6 written report required by § 19.2-81.3 C. The original copy shall be forwarded for verification to the 7 judge or magistrate who issued the order and then filed with the clerk of the family court within five 8 business days of the issuance of the order. The clerk shall certify and forward forthwith a copy of the 9 order to the local police department or sheriff's office which shall, on the date of receipt, enter the 10 name of the person subject to the order and other appropriate information required by the Department 11 of State Police into the Virginia crime information network system established and maintained by the 12 Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved or 13 modified, a copy of the dissolution or modification order shall also be certified, forwarded and 14 entered in the system as described above. Upon request, the clerk shall provide the allegedly abused 15 person with information regarding the date and time of service. 16 F. The availability of an emergency protective order shall not be affected by the fact that the 17 family or household member left the premises to avoid the danger of a violation of $ 18.2 57.2 family 18 abuse by the respondent. 19 G. The issuance of an emergency protective order shall not be considered evidence of any 20 wrongdoing by the respondent. 21 H. Any respondent upon whom an emergency protective order has been served and who violates 22 that order shall be guilty of a Class + misdemeanor. 23 + As used in this section, a "law-enforcement officer" means any full-time or part-time employee 24 of a police department or sheriff's office which is part of or administered by the Commonwealth or 25 any political subdivision thereof, and who is responsible for the prevention and detection of crime and 26 the enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time employees are 27 compensated officers who are not full-time employees as defined by the employing police department 28 or sheriff's office. 29 § 16.1-278.14. Criminal jurisdiction; protective orders; family offenses. 30 In cases involving the violation of any law, regulation or ordinance for the education, protection or 31 care of children or involving offenses committed by one spouse family or household member against 32 another, the juvenile court or the circuit court may impose a penalty prescribed by applicable sections 33 of the Code- However, in cases involving offenses committed by one family OF household member 34 against another, the court and may impose conditions and limitations upon the abusing party or, with 35 his OF her consent, the family OF household member in an effort to effect the reconciliation and 36 rehabilitation of the parties defendant to protect the health or safety of family or household members, 37 including, but not limited to, an a protective order of protection as provided in § 16.1-279.1, treatment 38 and counseling for the abusing person defendant and payment by the defendant for crisis shelter care 39 for the complaining family or household member. 40 $ 16.1-278.14. (Delayed effective date) Criminal jurisdiction; protective orders; family offenses. 41 In cases involving the violation of any law, regulation or ordinance for the education, protection or 42 care of children or involving offenses committed by one spouse family or household member against 43 another, the family court or the circuit court may impose a penalty prescribed by applicable sections 44 of the Code- However, in eases involving offenses committed by one family OF household member 45 against another, the court and may impose conditions and limitations upon the abusing party or, with 46 his OF her consent, the family OF household member in an effort to effect the reconciliation and 47 rehabilitation of the parties defendant to protect the health or safety of family or household members, 48 including, but not limited to, an a protective order of protection as provided in § 16.1-279.1, treatment 49 and counseling for the abusing person defendant and payment by the defendant for crisis shelter care 50 for the complaining family or household member. 51 § 16.1-279.1. Protective order in cases of family abuse. 52 A. In cases of family abuse, the court may issue an a protective order of protection to protect the 53 health and safety of the petitioner and to effect the rehabilitation of the abusing person and 54 reconciliation of the parties as the court deems appropriate family or household members of the 12 House Substitute for S.B. 113 1 petitioner. An A protective order of protection issued under this section may include any one or more 2 of the following conditions to be imposed on the abusing person respondent. 3 1. Prohibition of further Prohibiting acts of family abuse; 4 2. Prohibition of Prohibiting such contacts between the parties by the respondent with the 5 petitioner or family or household members of the petitioner as the court deems appropriate necessary 6 for the health or safety of such persons; 7 3. Granting the petitioner possession of the residence occupied by the parties to the exclusion of 8 the abusing personrespondent; however, no such grant of possession shall affect title to any real or 9 personal property; 10 4. Granting the petitioner temporary possession or use of a motor vehicle jointly owned by the 11 parties to the exclusion of the respondent, however, no such grant of possession or use shall affect 12 title to the vehicle. 13 45. Requiring that the abusing person respondent provide suitable alternative housing for the 14 petitioner, and, if appropriate, any other family or household member; 15 56. Ordering the petitioner, with his OF her consent, OF the abusing person respondent to participate 16 in treatment, counseling or other programs designed for the rehabilitation and reconciliation of the 17 partiesas the court deems appropriate; and 18 67. Any other relief necessary for the protection of the petitioner and minor children family or 19 household members of the petitioner, including a provision for temporary custody or visitation of a 20 minor child. 21 B. The protective order of protection shall may be issued for a specified period not to exceed one 22 year unless issued pursuant to $ 18.2 60.3, however, unless otherwise authorized by law, a protective 23 order may not be issued under this section for a period longer than two years. Either party may at 24 any time file a written motion with the court requesting a hearing to dissolve OF modify the order. 25 The clerk shall certify and forward forthwith a copy of the order to the local police department or 26 sheriff's office which shall, on the date of receipt, enter the name of the person subject to the order 27 and other appropriate information required by the Department of State Police into the Virginia crime 28 information network system established and maintained by the Department pursuant to Chapter 2 29 (§ 52-12 et seq.) of Title 52. If the order is later dissolved or modified, a copy of the dissolution or 30 modification order shall also be certified, forwarded and entered in the system as described above. 31 C. Any Except as otherwise provided in § 16.1-253.2, a violation of an a protective order of 32 protection issued under this section shall constitute contempt of court. 33 D. The court may assess costs and attorneys' fees against either party regardless of whether an 34 order of protection has been issued as a result of a full hearing. 35 E. Either party may at any time file a written motion with the court requesting a hearing to 36 dissolve or modify the order. 37 § 16.1-296. Jurisdiction of appeals; procedure. 38 A. From any final order or judgment of the juvenile court affecting the rights or interests of any 39 person coming within its jurisdiction, an appeal may be taken within ten days from the entry of a 40 final judgment, order or conviction. However, in a case arising under the Uniform Interstate Family 41 Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within thirty 42 days from entry of a final order or judgment. An A protective order of protection issued pursuant to 43 § 16.1-279.1 in a case of spouse family abuse is a final order from which an appeal may be taken. 44 B. Upon receipt of notice of such appeal the juvenile court shall forthwith transmit to the attorney 45 for the Commonwealth a report incorporating the results of any investigation conducted pursuant to 46 § 16.1-273, which shall be confidential in nature and made available only to the court and the 47 attorney for the defendant (i) after the guilt or innocence of the accused has been determined or (ii) 48 after the court has made its findings on the issues subject to appeal. After final determination of the 49 case, the report and all copies thereof shall be forthwith returned to such juvenile court. 50 C. Where an appeal is taken by a child on a finding that he or she is delinquent and on a 51 disposition pursuant to § 16.1-278.8, trial by jury on the issue of guilt or innocence of the alleged 52 delinquent act may be had on motion of the child, the attorney for the Commonwealth or the circuit 53 court judge. If the alleged delinquent act is one which, if committed by an adult, would constitute a 54 felony, the child shall be entitled to jury of twelve persons. Is all other cases, the jury shall consist House Substitute for S.B. 113 13 1 of seven persons. If the jury in such a trial finds the child guilty, disposition shall be by the judge 2 pursuant to the provisions of § 16.1-278.8 after taking into consideration the report of any 3 investigation made pursuant to § 16.1-237 or 8 16.1-273. 4 D. When an appeal is taken in a case involving termination of parental rights brought under 5 § 16.1-283, the circuit court shall hold a hearing on the merits of the case within ninety days of the 6 perfecting of the appeal. 7 E. Where an appeal is taken by an adult on a finding of guilty of an offense within the 8 jurisdiction of the juvenile and domestic relations district court, the appeal shall be dealt with in all 9 respects as is an appeal from a general district court pursuant to §§ 16.1-132 through 16.1-137; 10 however, where an appeal is taken by any person on a charge of nonsupport, the procedure shall be 11 as is provided for appeals in prosecutions under Chapter 5 (§ 20-61 et seq.) of Title 20. 12 F. In all other cases on appeal, proceedings in the circuit court shall conform to the equity practice 13 where evidence is heard ore tenus; however, an issue out of chancery may be allowed, in the 14 discretion of the judge, upon the motion of any party. An appeal from an order of protection issued 15 pursuant to § 16.1-279.1 shall be given precedence on the docket of the court over other civil appeals 16 taken to the circuit court from the district courts, but shall otherwise be docketed and processed as 17 other civil cases. 18 G. Costs, taxes and fees on appealed cases shall be assessed only in those cases in which a trial 19 fee could have been assessed in the juvenile and domestic relations court and shall be collected in the 20 circuit court. 21 H. No appeal bond shall be required of a party appealing from an order of a juvenile and 22 domestic relations district court except for that portion of any order or judgment establishing a 23 support arrearage or suspending payment of support during pendency of an appeal. In cases involving 24 support, no appeal shall be allowed unless and until the party applying for the same or someone for 25 him shall give gives bond, in an amount and with sufficient surety approved by the judge or by his 26 clerk if there is one, to abide by such judgment as may be rendered on appeal if the appeal is 27 perfected or, if not perfected, then to satisfy the judgment of the court in which it was rendered. An 28 appeal will not be perfected unless such appeal bond as may be required is filed within thirty days 29 from the entry of the final judgment or order. However, no appeal bond shall be required of the 30 Commonwealth or when an appeal is proper to protect the estate of a decedent, an infant, a convict or 31 an insane person, or the interest of a county, city or town. 32 If bond is furnished by or on behalf of any party against whom judgment has been rendered for 33 money, the bond shall be conditioned for the performance and satisfaction of such judgment or order 34 as may be entered against the party on appeal, and for the payment of all damages which may be 35 awarded against him in the appellate court. If the appeal is by a party against whom there is no 36 recovery, the bond shall be conditioned for the payment of any damages as may be awarded against 37 him on the appeal. 38 This subsection shall not apply to release on bail pursuant to other subsections of this section or 39 § 16.1-298. 40 I. In all cases on appeal, the circuit court in the disposition of such cases shall have all the powers 41 and authority granted by the chapter to the juvenile and domestic relations district court. Unless 42 otherwise specifically provided by this Code, the circuit court judge shall have the authority to 43 appoint counsel for the parties and compensate such counsel in accordance with the provisions of 44 Article 6 (§ 16.1-266 et seq.) of this chapter. 45 J. In any case which has been referred or transferred from a circuit court to a juvenile court and 46 an appeal is taken from an order or judgment of the juvenile court, the appeal shall be taken to the 47 circuit court in the same locality as the juvenile court to which the case had been referred or 48 transferred. 49 § 16.1-296.2. (Delayed effective date) Appeals to court of appeals. 50 From any final order or judgment of the family court in any case other than those specified in 51 subsection A of § 16.1-296, an appeal may be taken to the Court of Appeals as provided in 52 § 17-116.05:5. The provisions of Title 8.01 and Title 20 and the Rules of the Supreme Court of 53 Virginia governing appeals in suits in equity shall apply to appeals made pursuant to this section. 54 Any order of protection issued pursuant to § 16.1-279.1 in a case of spouse family abuse is a 14 House Substitute for S.B. 113 1 final order from which an appeal may be taken to the Court of Appeals pursuant to this section. 2 A preliminary protective order issued pursuant to § 16.1-253 or an order of protection issued 3 pursuant to § 16.1-279.1 shall not be suspended during the pendency of an appeal to the Court of 4 Appeals or a subsequent petition for appeal to the Supreme Court or writ of error, unless so ordered 5 by the judge of a family court or directed in a writ of supersedeas by the Court of Appeals or the 6 Supreme Court. 7 § 16.1-298. Effect of petition for or pendency of appeal; bail. 8 A. Except as provided herein, a petition for or the pendency of an appeal or writ of error shall not 9 suspend any judgment, order or decree of the juvenile court nor operate to discharge any child 10 concerned or involved in the case from the custody of the court or other person, institution or agency 11 to which the child has been committed unless so ordered by the judge of the juvenile court, the judge 12 of a circuit court or directed in a writ of supersedeas by the Court of Appeals or the Supreme Court 13 or a judge or justice thereof. 14 B. The judgment, order or decree of the juvenile court shall be suspended upon a petition for or 15 the pendency of an appeal or writ of error: 16 1. In cases of delinquency in which the final order of the juvenile court is pursuant to subdivision 17 8, 9, 10, 12, 14, or 15 of § 16.1-278.8. 18 2. In cases involving a child and any local ordinance. 19 3. In cases involving any person over the age of eighteen years. 20 Such suspension as is provided for in this subsection shall not apply to (i) an order for support of 21 a spouse, parent or child or to a preliminary protective order issued pursuant to § 16.1-253, (ii) an 22 order disposing of a motion to reconsider relating to participation in continuing programs pursuant to 23 § 16.1-289.1 or (iii) an a protective order of protection in cases of spouse family abuse issued 24 pursuant to § 16.1-279.1 unless so ordered by the judge of a circuit court or directed in a writ of 25 supersedeas by the Court of Appeals or the Supreme Court. 26 C. In cases where the order of the juvenile court is suspended pursuant to subsection B hereof or 27 by order of the juvenile court or the circuit court, bail may be required as provided for in § 16.1-135. 28 § 18.2-57.2. Assault and battery against a family or household member. 29 A. Any person who commits an assault and battery against a family or household member shall be 30 guilty of a Class 1 misdemeanor. 31 B. On a third or subsequent conviction for assault and battery against a family or household 32 member, where it is alleged in the warrant, information, or indictment on which a person is convicted, 33 that (i) such person has been previously convicted twice of assault and battery against a family or 34 household member, or of a similar offense under the law of any other jurisdiction, within ten years of 35 the third or subsequent offense, and that (ii) each such assault and battery occurred on different dates, 36 such person shall be guilty of a Class 6 felony. 37 C. Whenever a warrant for a violation of § 18.2-57.2 is issued, the magistrate shall issue an 38 emergency protective order as authorized by § 16.1-253.4 when the person arrested and taken into 39 custody is brought before the magistrate. 40 D. As used in this section, "family or household member" means (i) the defendant's spouse, 41 whether or not he or she resides in the same home with the defendant, (ii) the defendant's former 42 spouse, whether or not he OF she resides in the same home with the defendant, (iii) the defendant's 43 parents, stepparents, children, stepchildren, brothers and sisters, grandparents and grandchildren who 44 reside in the same home with the defendant, (iv) the defendant's mother-in-law, father-in-law, 45 sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with 46 the defendant, (v) any person who has a child in common with the defendant, whether or not the 47 defendant and that person have been married or have resided together at any time, or (vi) any 48 individual who cohabits or who, within the previous twelve months, cohabited with the defendant, and 49 any children of either of them then residing in the same home. with the defendant. 50 § 18.2-60.3. Stalking; penalty 51 A. Any person who on more than one occasion engages in conduct directed at another person with 52 the intent to place, or with the knowledge that the conduct places, that other person in reasonable fear 53 of death, criminal sexual assault, or bodily injury to that other person OF to that other person's spouse 54 OF child family or household member shall be guilty of a Class 2 misdemeanor. House Substitute for S.B. 113 15 1 B. However, any person who is convicted of a first offense in sviolation of subsection A when, at 2 the time of the offense, there was in effect any order prohibiting contact between the defendant and 3 the victim or the victim's spouse OF child family or household member, shall be guilty of a Class I 4 misdemeanor. 5 C. A second conviction occurring within five years of a first conviction for an offense under this 6 section or for a similar offense under the law of any other jurisdiction shall be a Class 1 7 misdemeanor. A third or subsequent conviction occurring within five years of a. conviction for an 8 offense under this section or for a similar offense under the law of any other jurisdiction shall be a 9 Class 6 felony. 10 D. A person may be convicted under this section irrespective of the jurisdiction or jurisdictions 11 within the Commonwealth wherein the eonduct described in subsection A occurred, if the person 12 engaged in that conduct on at least one occasion in the jurisdiction where the person is tried. 13 E. Upon finding a person guilty under this section, the court shall, in addition to the sentence 14 imposed, issue an order prohibiting contact between the defendant and the victim or the victim's 15 spouse OF child family or household member. 16 F. The Department of Corrections, sheriff or regional jail director shall give notice prior to the 17 release from a state correctional facility or a local or regional jail of any person incarcerated upon 18 conviction of a violation of this section, to any victim of the offense who, in writing, requests notice, 19 or to any person designated in writing by the victim. The notice shall be given at least fifteen days 20 prior to release of a person sentenced to a term of incarceration of more than thirty days or, if the 21 person was sentenced to a term of incarceration of at least forty-eight hours but no more than thirty 22 days, twenty-four hours prior to release. If the person escapes, notice shall be given as soon as 23 practicable following the escape. The victim shall keep the Department of Corrections, sheriff or 24 regional jail director informed of the current mailing address and telephone number of the person 25 named in the writing submitted to receive notice. 26 All information relating to any person who receives or may receive notice under this subsection 27 shall remain confidential and shall not be made available to the person convicted of violating this 28 section. 29 For purposes of this subsection, "release" includes a release of the offender from a state 30 correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) 31 on probation or parole. 32 No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail 33 director or their deputies or employees for a failure to comply with the requirements of this 34 subsection. 35 G. As used in this section the term "family or household member" shall have the same meaning 36 as provided in $ 16.1-228. 37 § 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; 38 penalty. 39 A. It shall be unlawful for any person who is subject to (i) a protective order entered pursuant to 40 §§ 16.1-253, 16.1-253.1, 16.1-253.4, or § 16.1-279.1 OF to, (ii) an order issued pursuant to subsection 41 h of § 20-103 or (iii) an order entered pursuant to subsection E of $ 18.2-60.3 to purchase or transport 42 any firearm while the order is in effect. A violation of this subsection shall be punishable as a Class 43 I misdemeanor. 44 B. Any firearm purchased or transported in violation of this section shall be forfeited to the 45 Commonwealth and disposed of as provided in § 18.2-310. 46 § 19.2-81. Arrest without warrant authorized in certain cases. 47 The following officers shall have the powers of arrest as provided in this section: 48 1. Members of the State Police force of the Commonwealth, the sheriffs 49 2. Sheriffs of the various counties and cities, and their deputies, the members 50 3. Members of any county police force; the members of or any duly constituted police force of 51 any city or town of the Commonwealth, the 52 4. The Commissioner, members and employees of the Marine Resources Commission granted the 53 power of arrest pursuant to § 28.2-900, regular 54 5. Regular game wardens appointed pursuant to § 29.1-200, 16 House Substitute for S.B. 113 1 6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and 2 petty officers authorized under § 29.1-205 to make arrests, and the 3 7. The special policemen of the counties as provided by § 15.1-144, provided such officers are in 4 uniform, or displaying a badge of office, 5 Such officers may arrest, without a warrant, any person who commits any crime in the presence of 6 such the officer and any person whom he has reasonable grounds or probable cause to suspect of 7 having committed a felony not in his presence. 8 Any such officer may arrest without a warrant any person whom the officer has probable cause to 9 suspect of operating a watercraft or motor boat while intoxicated in violation of subsection B of 10 § 29.1-738, in his presence, and such officer may thereafter transfer custody of the person suspected 11 of the violation to another officer, who may obtain a warrant based upon statements made to him by 12 the arresting officer. 13 Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as 14 defined in § 29.1-712 or motorboat, or at any hospital or medical facility to which any person 15 involved in such accident has been transported, or in the apprehension of any person charged with the 16 theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable 17 grounds to believe, based upon personal investigation, including information obtained from 18 eyewitnesses, that a crime has been committed by any person then and there present, apprehend such 19 person without a warrant of arrest. 20 Such officers may arrest, without a warrant, persons duly charged with a crime in another 21 jurisdiction upon receipt of a photocopy of a warrant, telegram, computer printout, facsimile printout, 22 a radio, telephone or teletype message, in which photocopy of a warrant, telegram, computer printout, 23 facsimile printout, radio, telephone or teletype message shall be given the name or a reasonably 24 accurate description of such person wanted and the crime alleged. 25 Such officers may arrest, without a warrant, for an alleged misdemeanor not committed in his 26 presence when the officer receives a radio message from his department or other law-enforcement 27 agency within the Commonwealth that a warrant for such offense is on file. 28 Such officers may also arrest without a warrant for an alleged misdemeanor not committed in their 29 presence involving (i) shoplifting in violation of § 18.2-96 or § 18.2-103 or a similar local ordinance, 30 (ii) carrying a weapon on school property in violation of § 18.2-308.1, (iii) assault and battery or (iv) 31 destruction of property in violation of § 18.2-137, when such property is located on premises used for 32 business or commercial purposes, or a similar local ordinance, when any such arrest is based on 33 probable cause upon reasonable complaint of the person who observed the alleged offense. The 34 arresting officer may issue a summons to any person arrested under this section for a misdemeanor 35 violation involving shoplifting. 36 § 19.2-81.3. Arrest without a warrant authorized in cases of assault and battery against a family or 37 household member and for violations of protective orders; procedure, etc. 38 A. Any law-enforcement officer may arrest, in the same manner as provided in § 19.2 81, persons 39 for crimes involving a violation of 18.2 57.2, as defined in § 19.2-81, may arrest without a warrant 40 for an alleged violation of § 18.2-57.2 or § 16.2-253.2 regardless of whether such violation was 41 committed in his presence, if such arrest is based on probable cause or upon personal observations 42 or the reasonable complaint of a person who observed the alleged offense or upon personal 43 investigation. 44 B. A law-enforcement officer having probable cause to believe that a violation of $ 18.2-57.2 or a 45 violation of § 16.1-253.2 has occurred shall arrest and take into custody the person he has probable 46 cause to believe, based on the totality of the circumstances, was the primary physical aggressor 47 unless there are special circumstances which would dictate a course of action other than an arrest. 48 C. Regardless of whether an arress is made, the officer shall file a written report with his 49 department of any incident in which he has probable cause to believe family abuse has occurred, 50 including, where required, a statement in writing that there are special. circumstances which would 51 dictate a course of action other than an arrest. Upon request of the allegedly abused person, the 52 officer shall make a copy of the report available to the allegedly abused person. The officer shall also 53 provide the allegedly abused person, both orally and in writing, information regarding the legal and 54 community resources available to the allegedly abused person House Substitute for S.B. 113 1 D. In every case in which a law-enforcement officer makes an arrest under this section, he shall 2 petition for an emergency protective order as authorized in 16.1-253.4 when the person arrested 3 and taken into custody is brought before the magistrate, Regardless of whether an arress is made, if 4 the officer has probable cause to believe that a danger of acts of family abuse exists, the law 5 enforcement officer shall seek an emergency protective order under § 16.1-253.4. 6 B. E. A law-enforcement officer investigating any complaint of family abuse, including but not 7 limited to assault and battery against a family or household member may, upon request, transport, or 8 arrange for the transportation of an abused person to a hospital, safe shelter, or magistrate. Any local 9 law-enforcement agency may adopt a policy requiring an officer 40 mansport or arrange for 10 transportation of an abused person as provided in this subsection. 11 C. A law enforcement officer who has reasonable grounds to believe that assault and battery 12 against a family OF household member has occurred shall file a written report of the incident with his 13 department and make available a copy to the victim. 14 D. Any law enforcement officer may, with OF without a warrant, take the following course of 15 action where the officer has reasonable grounds to believe that a person committed assault and battery 16 against a family OF household member, whether OF not that assault and battery occurred in his 17 presence: 18 + The law enforcement officer may make reasonable inquiry of the family OF household member 19 who the officer believes is the victim of assault and battery and other witnesses as there may be. 20 2. If a law enforcement officer has reasonable grounds to believe that there is probable danger of 21 further assault and battery by & person upon a family or household member, the law enforcement 22 officer may petition for an emergency protective order pursuant to § 16.1 253.4. 23 E. F. As used in this section, "family or household member" means (i) the person's spouse, 24 whether or not he or she resides in the same home with the person, (ii) the person's former spouse, 25 whether or not he or she resides in the same home with the person, (iii) the person's parents, 26 stepparents, children, stepchildren, brothers and sisters, grandparents and grandchildren who reside in 27 the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, 28 daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (iv) 29 any person who has a child in common with the defendant, whether or not the person and that person 30 have been married or have resided together at any time, or (vi) any individual who cohabits or who, 31 within the previous twelve months, cohabited with the person, and any children of either of them then 32 residing in the same home with the defendant. 33 F. G. As used in this section, a "law-enforcement officer" means (i) any full-time or part-time 34 employee of a police department or sheriff's office which is part of or administered by the 35 Commonwealth or any political subdivision thereof, and who is responsible for the prevention and 36 detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth 37 and (ii) any member of an auxiliary police force established pursuant to subsection B of § 15.1-159.2. 38 Part-time employees are compensated officers who are not full-time employees as defined by the 39 employing police department or sheriff's office. 40 § 19.2-81.4. Policies and procedures for the Virginia State Police and local law-enforcement 41 officials. 42 The Virginia State Police and each local police and sheriff's department shall establish an arrest 43 policy and procedures to implement this section. Any local police or sheriff's department is 44 authorized to adopt an arrest policy that prescribes additional requirements under this section. Any 45 policies and procedures established under this section shall at a minimum provide guidance to 46 law-enforcement officers on the following: 47 1. The department's arrest policy; 48 2. The standards for determining who is the primary physical aggressor including (i) the intent of 49 the law to protect the health and safety of family and household members, (ii) prior complaints of 50 family abuse by the allegedly abusing person involving the family or household members and (iii) the 51 relative severity of the injuries inflicted on persons involved in the incident and whether any injuries 52 were inflicted in self defense; 53 3. The standards for completion of a required incident report to be filed with the department 54 including the existence of any special circumstances which would dictate a course of action other 18 House Substitute for S.B. 113 1 than arrest; 2 4. The department's policy on providing transportation to an allegedly abused person; and 3 5. The legal and community resources available to allegedly abused persons in the department's 4 jurisdiction. 5 § 20-103. Court may make orders pending suit for divorce, custody or visitation, etc. 6 A. In suits for divorce, annulment and separate maintenance, and in proceedings arising under 7 subdivision A 3 or L of § 16.1-241, the court having jurisdiction of the matter may, at any time 8 pending a suit pursuant to this chapter, in the discretion of such court, make any order that may be 9 proper (i) to compel a spouse to pay any sums necessary for the maintenance and support of the 10 petitioning spouse, including an order that the other spouse provide health care coverage for the 11 petitioning spouse, unless it is shown that such coverage cannot be obtained, (ii) to enable such 12 spouse to carry on the suit, (iii) to prevent either spouse from imposing any restraint on the personal 13 liberty of the other spouse, (iv) to provide for the custody and maintenance of the minor children of 14 the parties, including an order that either party provide health care coverage for the children, (v) to 15 provide support for any child of the parties under the age of nineteen who is a full-time high school 16 student and who otherwise meets the requirements set forth in § 20-107.2, (vi) for the exclusive use 17 and possession of the family residence during the pendency of the suit, (vii) to preserve the estate of 18 either spouse, so that it be forthcoming to meet any decree which may be made in the suit or (viii) to 19 compel either spouse to give security to abide such decree. In addition to the authority hereinabove, 20 the court may order parties with a minor child or children to attend educational seminars and other 21 like programs conducted by a qualified person or organization approved by the court, on the effects 22 of the separation or divorce on minor children, provided that no fee in excess of fifty dollars may be 23 charged for participation in any such program. No statement or admission by a party in such seminar 24 or program shall be admissible into evidence in any subsequent proceeding. 25 B. Upon In addition to the terms provided in subsection A, upon a showing by a party of 26 reasonable apprehension of physical harm to that party by such party's spouse family or household 27 member as that term is defined in § 16.1-228, and consistent with rules of the Supreme Court of 28 Virginia, the court may enter an order excluding that party's spousefamily or household member 29 from the jointly owned or jointly rented family dwelling. In any case where an order is entered under 30 this paragraph, pursuant to an ex parte hearing, the order shall not exclude a spouse family or 31 household member from the family dwelling for a period in excess of fifteen days from the date the 32 order is served, in person, upon the spouse person so excluded. The order may provide for an 33 extension of time beyond the fifteen days, to become effective automatically. The spouse person 34 served may at any time file a written motion in the clerk's office requesting a hearing to dissolve or 35 modify the order. Nothing in this section shall be construed to prohibit the court from extending an 36 order entered under this paragraph for such longer period of time as is deemed appropriate, after a 37 hearing on notice to the parties. 38 C. In cases other than those for divorce in which a custody or visitation arrangement for a minor 39 child is sought, the court may enter an order providing for custody, visitation or maintenance pending 40 the suit as provided in subsection A. The order shall be directed to either parent or any person with a 41 legitimate interest who is a party to the suit. 42 D. Orders entered pursuant to this section which provide for custody or visitation arrangements 43 pending the suit shall be made in accordance with the standards set out in Chapter 6.1 (§ 20-124.1 et 44 seq.) of Title 20. Orders entered pursuant to subsection B shall be certified by the clerk and 45 forwarded as soon as possible to the local police department or sheriff's office which shall, on the 46 date of receipt, enter the name of the person subject to the order and other appropriate information 47 required by the Department of State Police into the Virginia crime information network system 48 established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) 49 of Title 52. If the order is later dissolved or modified, a copy of the dissolution or modification shall 50 also be certified, forwarded and entered in the system as described above. 51 E. An order entered pursuant to this section shall have no presumptive effect and shall not be 52 determinative when adjudicating the underlying cause. 53 2. That the provisions of this act shall become effective OR July 1, 1997. Official Use By Clerks Passed By Passed By The Senate The House of Delegates without amendment without amendment with amendment with amendment substitute substitute substitute w/amdt substitute w/amdt Date: Date: Clerk of the Senate Clerk of the House of Delegates Norfolk Family Violence Alliance Presents "Independence Day" CLOSING THE GAP A Unified Response to Family Violence Wednesday, June 28, 1995 8:00 a.m.-4:00 p.m. Old Dominion University Norfolk, Virginia CLOSING THE GAP: Approaches and Solutions for Attorneys, Magistrates, Medical Personnel, Law Enforcement Officers, and the Judiciary NORFOLK FAMILY VIOLENCE ALLIANCE I. Mission Statement The Norfolk Family Violence Alliance is an organization composed of representatives from agencies serving families involved in domestic violence and community volunteers and is committed to the prevention of family violence in the City of Norfolk, through * developing an effective and consistent prevention, intervention and treatment policy which will be based on research and community experience; * facilitating the coordination of policy and action between agencies, departments and the courts and with victims of family violence; * improving the response to family violence 50 as to reduce incidents thereof; * advocating for improved policies, services and increased resources for families involved in domestic violence; and * increasing community and professional awareness about family violence and its prevention. PROLOGUE Change will occur if the status quo of social customs and institutions that have supported domestic violence is challenged. Change occurs: A. With breaking the silence and hearing and believing women who are abused. B. Confronting the assailant responsible for the abuse. E. C. A process of equalizing and healing and overcoming an imbalance of power in our society. FAMILY VIOLENCE There is probably no other arena of human affairs that has proved to be so challenging of the authority and effectiveness of law enforcement. Progress and change come slowly, but as education takes place the progress and change will surely come so that victims of family violence will be safe. NORFOLK FAMILY VIOLENCE ALLIANCE CONFERENCE OLD DOMINION UNIVERSITY JUNE 28, 1995-8 A.M. TO 5 P.M. HONORARY CHAIR: PETER G. DECKER, JR. EsQ. 8:00-9:00 Registration Continental Breakfast 9:00-9:15 Welcome Paul Fraim, Mayor, City of Norfolk Opening Honorable Lester V. Moore, Jr. Chief Judge, Norfolk Juvenile & Domestic Relations Court Video: "Independence Day" Panel Discussion A Community's Approach Moderator Kevin Moran, Director Norfolk Juvenile & Domestic Court Service Unit 9:15-10:30 Panel Norfolk-Chief of Police Melvin High Chesapeake-Chief of Police I.M. Shipley, Jr. Portsmouth-Chief of Police Dennis Mook Virginia Beach-Sergeant Ray Greenwood 10:30 Break 10:45-11:45 Breakout Sessions (Concurrent-you may choose to attend one of the following) Law Enforcement "Effective Intervention" Detective Mike J. Coker, Portsmouth Police Department Medical "Patient to Plantiff" Karen Pharr R.N., B.S.N. Div. of Maternal-Fetal Medicine, Eastern Virginia Medical School Magistrate "Effective Assessment" John Robert Lewis J.N.R. Magistrate Technical Assistant, Supreme Court of Virginia Attorneys "The Batterer, The Victim, The Client" Honorable Charles E. Poston, Norfolk Circuit Court 12:00-12:30 Luncheon (provided) 12:40 Keynote Speaker Honorable Harry Carrico, Chief Justice Virginia Supreme Court Intoduction, Peter G. Decker, Jr. "Virginia Commission on Family Violence Prevention" Six Objectives 1:45 Break 2:00-3:30 Roundtable Discussion "Community Solutions" Moderator Harriet Russel, Executive Director Commwealth of Virginia Commission on Family Violence Prevention Panel Mike Coker, Portsmouth Police Department Linda Horsey, Survivor John Robert Lewis, J.R.N. Magistrates Judge Charles Poston, Judiciary Karen Pharr R.N., B.S.N., EVMS 3:30-4:00 Questions GOALS FOR THE CONFERENCE BY IMPROVING THE COOPERATION AND COORDINATION AMONG ALL PARTICIPANTS IN THE SYSTEM WHO DEAL WITH FAMILY VIOLENCE. NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 VIDEO - 'independence day' by Martina McBride 9:15 a.m. - 10:30 a.m. PANEL DISCUSSION: "A COMMUNITY'S APPROACH" MODERATOR - Kevin Moran, Director, Norfolk Juvenile & Domestic Relations Court Service Unit PANEL CHESAPEAKE POLICE - Captain Louis J. Tayon, Jr. NORFOLK POLICE - Chief Melvin High PORTSMOUTH POLICE - Chief Dennis Mook VIRGINIA BEACH POLICE - Sergeant Ray Greenwood 10:00a.m. - QUESTIONS & DISCUSSION NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 A. Breakout Session Law Enforcement - "Effective Intervention" Mike Coker, Detective, Portsmouth Police Department 1. Protective Orders - served - how - when 2. Am I a Social Worker? 3. Procedures: - pro-arrest liability - mandatory arrest probable cause - presumptive arrest 4. Safety of victim - child(ren) 5. Interviewing: Offender - other violence incidents - other petitions/warrants - empathy, non-judgment belief - police see victim - she's upset, he's calm 6. Return calls - how handled 7. Suggest resources for victim 8. Address emergency protective orders, trespassing, stalking NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 B. Breakout Session Medical: Patient to Plaintiff" Karen Pharr, R.N., B.S.N. Division of Maternal-Fetal Medicine Eastern Virginia MedicalSchool Medical - Emergency Room doctors, nurses, hospital security Suspect abuse? How to cope - How to diagnose 1. Film - profiles 2. Poloroid 3. Documenting injuries - copy of record to victim 4. The court process 5. Interviewing victim: acceptance, belief, empathy, non-judgment 6. Safety plan and sample resource packet for victim 7. Is victim returning to a safe place? or shelter? NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 C. Breakout Session Magistrates: "Effective Assessment" John Robert Lewis, J.N.R. Magistrate Technical Assistant Supreme Court of Virginia Enhance magistrates ability to relay information to victim, promotes good PR for criminal justice system. 1. Interviewing: techniques, belief, non-judgment, patience 2. Assessment -- If not filed here? Where? What? 3. How will offender be held? How long? 4. Notifying victim of offenders release 5. Who serves warrant? Is there a time frame of delivery? 6. Codes and changes applicable to family violence cases NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 D. Breakout Session Attorneys - "The Batterer, The Victim, The Client" Honorable Charles E. Poston Norfolk Circuit Court New attorneys, pro bono attorneys, summer interns and legal aid. 1. understanding Juvenile and Domestic Relations Court domestic violence process 2. effectiveness of protective orders and other codes - advantages - disadvantages - effective - ineffective - what are guidelines of order 3. court process and procedures - custody can lead to more - visitation battering of victim - mediation and children? 4. enforcement of protective orders and other family violence codes 5. you: defending the offender NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 Roundtable Discussion - "Community Solutions" 2:00 p.m. - 3:30 p.m. Moderator: Harriet Russell, Executive Director Commonwealth of Virginia Commission on Family Violence Prevention Ms. Russell will describe the national perspective and how it relates to state and city and the challenges thereof and how Virginia ranks. Panel: 5 minutes on "Community Solutions". 3:30 p.m. - 4:00 p.m. - Questions and discussion Panel: Detective Mike Coker - Portsmouth Police Department Linda Horsey Ed.D., LCSW John Robert Lewis J.N.R. Honorable Charles E. Poston Karen Pharr R.N., B.S.N. NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 Invitation only 11:00 a.m. - 12 noon Judicial Intervention Chief Justice Harry Carrico "Domus Tutissimum Cuique Refugium Atque Receptaculum" "The home of each person is his safest refuge and asylum" Reception 4:00 p.m. to 5:00 p.m. - Conference faculty and committee, Norfolk Family Violence Alliance and invited guest. CONFERENCE FACULTY HONORABLE HARRY L. CARRICO Chief Justice Virginia Supreme Court HONORABLE LESTER V. MOORE, JR. Chief Judge Norfolk Juvenile & Domestic Relaions Court HONORABLE CHARLES E. POSTON Norfolk Circuit Court MELVIN HIGH Chief of Police Norfolk Police Department I.M. SHIPLEY, JR. Chief of Police Chesapeake Police Department DENNIS MOOK Chief of Police Portsmouth Police Department RAY GREENWOOD Sergeant Virginia Beach Police Department MIKE J. COKER Detective Portsmouth Police Department KEVIN MORAN Director Norfolk Juvenile & Domestic Relations Court Service Unit KAREN PHARR, R.M., B.S.N. Division of Maternal Fetal Medicine Eastern Virginia Medical School JOHN ROBERT LEWIS, J.R.N. Magistrate Technical Assistant Supreme Court of Virginia PETER G. DECKER, JR., ESQUIRE Former Chair Virginia Board of Corrections Virginia Board of Education (Present) LINDA HORSEY, ED.D., LCSW The Thereapy Center Norfolk, Virginia HARRIET RUSSELL Executive Director Commonwealth of Virginia Commission on Family Violence Prevention CURRICULUM VITAE Harry Lee Carrico Chief Justice, Supreme Court of Virginia. Born Washington, D.C., 9-4-16. Parents, William T. Carrico and Nellie N. Willett Carrico. Married Betty Lou Peck 5- 18-40. Widowed 2-22-87. One child, Lucretia Carrico. Married Lynn Brackenridge 7-1-94. Educated Fairfax County, Virginia, public schools. J.D. George Washington University Law School, Washington, D.C.. 1942. Honorary degrees: LL.D. University of Richmond, Richmond, Virginia, 1973; LL.D. George Washington University, Washington, D.C., 1987; LL.D. College of William and Mary, Williamsburg, Virginia, 1993. Private practice, Rust & Rust, 1941-43. Judge, Trial Justice and Juvenile and Domestic Relations Court of Fairfax County, Virginia, 1943-51. Private practice, 1951-56. Judge, Sixteenth Judicial Circuit of Virginia, 1956-61. Justice Supreme Court of Virginia, 1961-81; Chief Justice, 1981 to present. Member, Judicial Council of Virginia, 1970-81; chairman, 1981 to present. President, Conference of Chief Justices, 1989-90. Chairman, National Center for State Courts, 1989-90. Member, Committee on Federal- State Jurisdiction, Judicial Conference of the United States, 1987 to present. Co-chairman, National Judicial Council for State and Federal Courts, 1991 to present. Member, Board of Directors, Northern Virginia 4-H Educational Center, 1992 to present. Member, Commission on Family Violence Prevention, 1994 to present. Served to Ensign, United States Naval Reserve, World War II, 1945-46. Distinguished Virginian Award, Virginia Association of Broadcasters, 1989. Outstanding Virginian Award, 4-H Club Outstanding Virginia Committee, 1990. Distinguished Service Award, Association of Family and Conciliation Courts, 1990. Given singular title of Chief Justice of Virginia by General Assembly of Virginia, 1990. Herbert Harley Award, American Judicature Society, 1991; National 4-H Alumni Award, 1993. Medal of Honor, National Society Daughters of the American Revolution, 1995. Member, Phi Delta Phi Legal Fraternity. Member, Order of the Coif (hon.). Member, Omicron Delta Kappa (hon.). Member, George Mason Memorial Society (hon.). Created Commission on the Future of Virginia's Judicial System, 1987, and Virginia Domestic Violence Coordinating Council, 1993. Co-founder, Virginia State Bar Mandatory Course on Professionalism, 1988, first course of its kind in the nation. Kevin J. Moran COURT SERVICES DIRECTOR Claudette Overton DEPUTY DIRECTOR Charles J. Kehoe DIRECTOR COMMONWEALTH of VIRGINIA P. O. Box 809 Norfolk, Virginia 23501-0809 Department of Youth & Family Services (80-1) 683 8311 Fax (804) 683-9396 Fourth Judicial District Court Service Unit KEVIN J. MORAN Mr. Kevin J. Moran, Director, Court Service Unit, 4th District and current President of the Virginia Court Service Unit Director's Association. Mr. Moran also, serves on numerous task force and boards. Mr. Moran was a probation officer with the 4th District CSU from March, 1970 to March, 1972. Probation Supervisor from March, 1972 to Jan. 1977. Chief of Juvenile Court Services from Jan, 1977 to June, 1978. Deputy Director from June, 1978 to Oct 1985. Mr. Moran received his Bachelor of Arts Degree from East Carolina University in 1969. His Masters of Social Work Degree from Virginia Commonwealth University in 1978. He also studied at the University of Minnesota in Minneapolis, Minnesota in the field of Criminal Justice. He has received numerous awards in the field of Juvenile Justice to include; The Meritorious Award in the field of Juvenile Justice Administration presented by the Virginia Juvenile Officers Association. The Liberty Bell award presented by the Norfolk and Portsmouth Bar Association for outstanding contributions in the area of law and justice; and the Outstanding Community Service award presented by the Optimist Club of Norfolk. Mr. Kevin J. Moran is a native of Manchester, New Hampshire. He is married with one thirteen year old daughter. Mr Moran played minor league professional football from 1968 through 1971 with the Norfolk Neptunes of Atlantic Coast football league. In 1977, he was inducted into East Carolina University Athletic Hall of Fame. "To Reduce Juvenile Delinquency and Protect the People of the Commonwealth" BIOGRAPHICAL SKETCH SERGEANT GREENWOOD IS A 17 YEAR VETERAN OF THE VIRGINIA BEACH POLICE DEPARTMENT. HE HAS SERVED AS A STREET OFFICER, CHILD ABUSE DETECTIVE AND HOMICIDE DETECTIVE. PRIOR TO BECOMING A POLICE OFFICER, SERGEANT GREENWOOD RECEIVED AN ASSOCIATE'S DEGREE IN LAW ENFORCEMENT AND A BACHELOR'S DEGREE IN POLITICAL SCIENCE FROM OLD DOMINION UNIVERSITY. IN 1988 HE WAS PROMOTED TO SERGEANT WHERE FOR THE LAST FOUR YEARS HE HAS SUPERVISED THE FAMILY TRAUMA UNIT AND THE MISSING PERSONS UNIT. HE HAS RECENTLY ADDED THE DOMESTIC VIOLENCE AND CHILD PROTECTION UNITS TO HIS SUPERVISORY RESPONSIBILITIES. THE DOMESTIC VIOLENCE UNIT WAS FORMED IN JULY 1993, A PROPOSAL BY SERGEANT GREENWOOD THAT WAS ADOPTED AND NOW IS A FOUR DETECTIVE UNIT. THE CHILD PROTECTION UNIT HAS EVOLVED DUE TO LEGISLATIVE CHANGES THAT REQUIRES SOCIAL SERVICES TO REPORT ALL MISDEMEANOR CHILD ABUSE AND NEGLECT CASES TO THE POLICE DEPARTMENT. SERGEANT GREENWOOD RECEIVED THE 1994 CITY MANAGER'S CREATIVITY AWARD FOR HIS WORK IN DOMESTIC VIOLENCE AND WAS NOMINATED BY MAYOR OBENDORF AND RECEIVED THE 1994 AMERICAN LEGION'S CIVIL SERVANT AWARD. IN REGARDS TO DOMESTIC VIOLENCE SERGEANT GREENWOOD HAS GIVEN MANY PRESENTATIONS TO VARIOUS POLICE AND CITIZEN'S GROUPS. HE RECENTLY PRESENTED HIS AGENCY'S PROGRAM TO THE ATTORNEY GENERAL'S TASK FORCE ON DOMESTIC VIOLENCE. SERGEANT GREENWOOD SEES HIS GREATEST BLESSING AS THE THREE INTELLIGENT AND BEAUTIFUL WOMEN (TWO DAUGHTERS AND HIS WIFE) WHO SHARE HIS LIFE AND PROVIDE so MUCH SUPPORT IN ALL HIS ENDEAVORS. LIEUTENANT CHRISTOPHER CONNALLY PORTSMOUTH POLICE DEPARTMENT 711 CRAWFORD STREET PORTSMOUTH, VIRGINIA 23704 EMPLOYMENT HISTORY 1980 United States Navy 1984 Norfolk Port and Industrial Authority. Airport Police Department 1986 Appointed to Portsmouth Police Department. Uniform Patrol Officer 1991 Promoted to Sergeant. Commander, Uniform Patrol Commander, Homicide & Robbery 1994 Promoted to Lieutenant. Commander, Investigations Bureau Homicide & Robbery Squad Burglary Squad Youth & Sex Crimes Squad Larceny Squad EDUCATION Bachelor of Arts Degree in Criminology from St. Leo College, Summa Cum Laude, Administration of Justice Associate of Arts from Tidewater Community College Graduate of New Providence, N. J. High School, 1980 AFFILIATIONS Virginia Homicide Investigators Assoc. Virginia Bank Security Assoc. PERSONAL Age 33 Native of New Jersey Married to Michelle Connally Children: 1 son, age 11 months BIOGRAPHICAL DATA OF CHIEF MELVIN C. MIGH Melvin C. High was sworn in on June 15, 1993 as Norfolk's Chief of Police. Chief High and his family reside in the Bay Point area of the city. His wife Brenda is a teacher and their daughter Tracy is a student at Yale University. Chief High is the youngest of two sons of a farmer and teacher from a small town in Union County, Mississippi. He graduated from the Tennessee State University in Nashville, Tennessee with a degree in Biology. Following graduation, he taught high school science in Calhoun City, Mississippi until he was inducted into the Marine Corps in 1967 and sent to Viet Nam. After being discharged from the service, Chief High joined the Metropolitan Police Department of Washington, D.C. in 1969. He retired from that department as Assistant Chief of Police and Second in Command in May of 1993 to become Chief of Police for Norfolk. Chief High also holds a master's degree in Business and Public Administration from the Southeastern University and has done other graduate work in Criminal Justice Administration, Behavioral Science and Management at the American University, the University of Virginia and George Washington University, respectively. He is a graduate of the Contemporary Executive Institute at George Washington University, the Senior Executive Institute at the University of Virginia and the FBI National Academy. Chief High is a member of the International Association of Chiefs of Police, the Virginia Association of Chiefs of Police, the National Organization of Black Law Enforcement Executives, and the Association of FBI National Academy Graduates. He serves on the Board of Directors of several national youth and victims assistance organizations. CAPTAIN LOUIS J. TAYON, JR. Captain Tayon has been with the Chesapeake Police Department for 26 years. Promoted to Captain in 1986, he has served as Commanding Officer of the Training Academy, Uniform Patrol Section, and Criminal Investigations Section. Captain Tayon is currently the Commanding officer of the Administrative Services Section where he is serves as the Administrative Assistant to the Chief and is responsible for the Internal Affairs and Intelligence Units. Captain Tayon is a graduate of Old Dominion University and obtained his Master of Science Degree in 1982. He has attended numerous police schools, most notably the Administrative Officer's Course at the Southern Police Institute and the Senior Management Institute for Police in Massachusetts. He recently completed a six month fellowship with the Police Executive Research Forum in Washington, D.C. where he was responsible for conducting management studies of several police agencies across the United States. He is an Assessor for the National Commission on Accreditation for Law Enforcement Agencies and serves as an Adjunct Faculty member at Tidewater Community College, teaching the Criminal Law, Evidence and Procedure course. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 002. resume Re: Charles E. Poston (partial) (1 page) n.d. b(6) COLLECTION: Clinton Presidential Records First Lady's Office Maggie Williams (Subject Files) OA/Box Number: 12632 FOLDER TITLE: Maggie Williams Miscellaneous II [2] 2013-0359-S ry1496 RESTRICTION CODES Presidential Records Act [44 U.S.C. 2204(a)| Freedom of Information Act [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information |(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. CHARLES E. POSTON Norfolk Circuit Court [002] PERSONAL: Born, (b)(6) Married to Anita O. Poston, a practicing attorney. Two sons and one daughter. EDUCATION: J.D., College of William and Mary, 1974. M.A. (History), University of Virginia, 1970. B.A. (History), University of Richmond, 1968. Public schools of Columbia, South Carolina. Member, Phi Beta Kappa (scholarship) and Omicron Delta Kappa (leadership). Contributor, Governors of Virginia Since 1865, Younger, et al, eds., University of Virginia Press. PROFESSIONAL: Judge, Norfolk Circuit Court, since June 1994. Judge, Norfolk Juvenile and Domestic Relations District Court, April 1988 to June 1994. Member, Judicial Council of Virginia. Former member, Advisory Committee on Rules of Court. Former member, Virginia Judicial Inquiry and Review Commission. Former member, Judicial Liaison Committee to Department of Youth and Family Services. Former Chairman, Law Revision Committee of the Judicial Conference of Virginia for District Court Judges. Practiced law in Norfolk, Virginia, from June 1974 to April 1988. MEMBERSHIPS: National Council of Juvenile and Family Court Judges, Virginia District Court Judges Association, Virginia Association of Juvenile and Domestic Relations District Court Judges, Virginia State Bar, Virginia Bar Association, Norfolk and Portsmouth Bar Association. COMMUNITY: Member, First Lutheran Church, Norfolk, Virginia. Former Chairman, Citizens Advisory Council of Norfolk Juvenile and Domestic Relations District Court. Former Vice-Chairman, Virginia Health Services Cost Review Council. Former Administrative Hearing Officer for Virginia regulatory agencies. MILITARY: Lieutenant Colonel, U.S. Army Reserve (retired). Saw service in Viet Nam. MIKE J. COKER PERMANENT ADDRESS 144 Armstrong Street Portsmouth, VA 23704 (804) 397-3545 GOAL: An opportunity to expand my teaching career, while training law enforcement and other helping professionals, on the theories and dynamics of domestic violence. EDUCATION: Associate Degree in Police Administration Tidewater Community College (currently in final semester) Virginia State Certified: General Instructor Domestic Violence Instructor Defensive Driving Instructor JOB ASSIGNMENT: Member of the Portsmouth Police Department since 1982 Currently assigned to the Criminal Investigation Division as School Liaison Detective. Uniform Patrol Division for 10 years Master Patrol Officer Past Field Training Officer Special Response Officer LECTURING EXPERIENCE Virginia Department of Criminal Justice Services 1992-to Present Provided domestic violence training to law enforcement officers and other helping professional across the state of Virginia. Workshops were set up at various regions throughout the state, helping agencies to get a better understanding of the theories and dynamics of domestic violence. Emphasis was placed on civil liability and the advantages of a pro arrest policy. Hampton Roads Academy of Criminal Justice 1989 1994 Lectured on: Domestic Violence, Interview and Interrogation, Juvenile Law, Sexual Assault, and interviewing child victims. The audience included basic recruits, patrol/detectives and first line supervisors. University of Delaware (adjunct instructor) 1994 Lectured on: Field Training Officer program to auxiliary officers, regular officers and training supervisors in the South Brunswick, New Jersey area. Keynote Speaker at various workshops throughout the State of Virginia, on domestic violence and sexual assault issues. References Available BOARD OF DIRECTORS A member of the Board of Directors of the Help Emergency Response (HER) Battered Women's Shelter in Portamouth, VA. COMMISSION ON FAMILY VIOLENCE A member of the Virginia Commission on Family Violence chaired by Attorney General James S. Gilmore, III. Emphasis is being placed on a more uniformed response to domestic violence by law enforcement and the courts, throughout the State of Virginia. SUMMARY OF PROFESSIONAL EXPERIENCE Linda Horsey, Ed.D., L.C.S.W., A.C.S.W. THE THERAPY CENTER Norfolk, Virginia 23504 (804) 625 - 2907 EDUCATION Columbia University, Teachers College, - New York, New York. Doctorate in Educational Administration - 1995 Columbia University, Graduate School of Social Work, New York, New York. Masters of Science - 1973 Franklin College, Franklin Indiana. Baccalaureate of Arts - 1971 PROFESSIONAL LICENSES Licensed Clinical Social Worker (LCSW) in the following states: Virginia - Active New York - Inactive Academy of Certified Social Workers (ACSW) PROFESSIONAL ASSOCIATIONS: National Association of Social Workers (NASW) National Association of Black Social Workers (NABSW) PROFESSIONAL EXPERIENCE Current: Executive Director and Licensed Clinical Social Worker: The Therapy Center, Virginia. Psychotherapist specializing in women's issues and adolescent concerns, program design, professional education and consultation. Employee Assistance Program Affiliate: Human Management Systems of America. Crisis Debriefing and EAP affiliate services for the United States Post Office in Norfolk, Virginia. Past: School Social Worker: Norfolk Public Schools, Virginia. Field Instructor: Norfolk State University, Graduate School of Social Work, Virginia. Adjunct Instructor: Norfolk State University, Graduate School of Social Work, Virginia. Resource Trainer: Young Women's Christian Association, Virginia. Director of Social Services: Young Adult Institute, New York. Adjunct Instructor: Adelphi University, New York. Field Instructor: Columbia University. New York. Assistant to Program Coordinator: Harlem Interfaith Counseling Service. Social Worker: Early Care Center. New York. Counseled parents of emotionally disturbed pre-school children. PROGRAMS WRITTEN AND IMPLEMENTED 1994 Life Education for Adolescents: State funded therapy and family education program for adolescents on probation and parole in Norfolk, Virginia. PROFESSIONAL STUDY ABROAD 1979 Sweden - Council of International Programs Investigated social service delivery systems. CURRICULUM VITAE JOHN ROBERT LEWIS, JR. Magistrate Technical Assistant Supreme Court of Virginia 100 North Ninth Street Richmond, VA 23219 EDUCATION: Bachelor of Arts (1979), Magna Cum Laude, (Classics), Phi Beta Kappa, Washington and Lee University. Juris Doctor (1981), Cum Laude, Washington and Lee University. PROFESSIONAL EXPERIENCE: Private practice of law (1981-1984); Chief Magistrate, 25th Judicial District (1984 - 1991); Magistrate Technical Assistant, Supreme Court of Virginia (1991 - present). COMMITTEES: Magistrate Advisory Committee Member to the Committee on District Courts (1987 - 1991); Magistrate Study Committee (1989-1991); Magistrate Education Committee (1988-1990). MEMBER: Virginia State Bar TEACHING EXPERIENCE: Lecturer, Domestic Violence Seminar, Virginia Magistrate Conference (1989); Facilitator, Domestic Violence Seminar, Virginia Magistrate Conference (1992); Lecturer, Adult Arrest Procedures Continuing Legal Education Course for Magistrates (1992); Lecturer, Bail Procedure Continuing Legal Education Course for Magistrates (1993); Lecturer, Alcohol-Related Driving Offenses Continuing Legal Education Course for Magistrates (1994); Lecturer, Spring Training/Retreat for Virginians Against Domestic Violence and Virginians Aligned Against Sexual Assault (1995) CURRICULUM VITAE KAREN KENNEY PHARR EDUCATION 1981 Bachelor of Science in Nursing Nell Hodgson Woodruff School of Nursing Emory University 1994 NCC Certification Exam - High Risk Obstetrics 1994 - Present Old Dominion University Full time Graduate Student - Master of Science in Nursing Program 1975 Association Montessori Internationale Diploma, Primary Level Teacher PROFESSIONAL EXPERIENCE 1995 - Present Education Coordinator, High Risk Obstetrics Women's Health Center Sentara Norfolk General Hospital, Norfolk, Virginia 1993 - Present Director of Perinatal Nursing and Outreach Coordinator, Division of Maternal-Fetal Medicine, Department of OB/GYN, Eastern Virginia Medical School, Norfolk, Virginia 1992 - 1993 Maternal Transfer Nurse, Outreach Coordinator and Associate Director of Nursing, Division of Maternal-Fetal Medicine, Department of OB/GYN, Eastern Virginia Medical School, Norfolk, Virginia 1991 - 1992 Maternal Transfer Nurse and Outreach Coordinator, Division of Maternal-Fetal Medicine, Department of OB/GYN, Eastern Virginia Medical School, Norfolk, Virginia 1989 - 1991 Liaison Nurse, Operative and Cardiopulmonary Clinic, Maternal and Infant Care Project, Grady Memorial Hospital, Atlanta, Georgia PROFESSIONAL EXPERIENCE CONTINUED 1989 - 1990 Research Coordinator, Emory University Department of OB/GYN, Center for Disease Control, Grady Memorial Hospital, Atlanta, Georgia 1987 - 1989 Assistant Director, Preterm Prevention Program, Emory University, Department of OB/GYN, Maternal and Infant Care Project, Grady Memorial Hospital, Atlanta, Georgia 1983 - 1987 Antepartum Fetal Monitoring Specialist, Emory University Regional Perinatal Center, Grady Memorial Hospital, Atlanta, Georgia 1982 - 1982 Liaison Nurse, Fetal Medicine Clinic, Maternal and Infant Care Project, Grady Memorial Hospital, Atlanta, Georgia 1981 - 1982 Charge Nurse/Alternate Clinical Supervisor, Labor, Delivery, Recovery, Obstetric ICU, Grady Memorial Hospital, Atlanta, Georgia APPOINTMENTS/AFFILIATIONS 1994- Present Faculty Practice Plan, Strategic Planning Team #4 Eastern Virginia Medical School 1994 -Present Vice Coordinator, Tidewater Chapter, AWHONN (Association of Women's Health, Obstetrical & Neonatal Nursing) 1993 -Present Alternate Board Member Virginia Perinatal Association 1992 - Present Affiliate Staff Member, Sentara Norfolk General Hospital, Norfolk, Virginia 1988 - 1990 Clinical Associate Faculty, Nell Hodgson Woodruff School of Nursing Emory University, Atlanta, Georgia PROFESSIONAL ORGANIZATIONS AWHONN (Association of Women's Health, Obstetrical & Neonatal Nursing) Virginia Perinatal Association International Nursing Network on Violence Against Women PETER G. DECKER, JR. BIRTHPLACE/DATE: Norfolk, Virginia, August 13, 1935 PARENTS: Peter G. Decker & Rose Decker. natives of Hardine, Lebanon EDUCATION: Maury High School, 1954 Old Dominion University, 1956 William & Mary College, 1958 Marshall Wythe School of Law, 1960 ASSOCIATIONS: St. Jude Children's Research Hospital Boards of Governors and Directors for over 25 years and is a former National Executive Vice President in charge of fund-raising; Board of Trustees of International College of Beirut; Scope Civic Facilities Commission; Downtown Norfolk Council; Virginia Zoological Society; Greater Norfolk Corporation; Tidewater Virginia Alcohol Safety Action Program; The National Conference of Christians and Jews; Board of Directors of Norfolk Festevents, Ltd. Appointed to the Board of Corrections of the State of Virginia by Governor Chuck Robb in 1982 and held the position of Chairman from 1987 until 1993. Appointed to the Public Safety Committee by Mary Sue Terry, Attorney General in 1993 Appointed by Governor Wilder to the Virginia Board of Education in 1993 Appointed by Speaker of the House, Thomas W. Moss, to the newly-developed Sentencing Commission for the state of Virginia in 1994 Appointed to the Virginia State Crime Commission Special Task Force by Delegate Marian Van Landingham in 1995 Appointed to the Norfolk Public Housing Task Force in 1995 Phi Kappa Alpha Fraternity; Phi Alpha Delta Law Fraternity; Brother to National ESA Sorority PERSONAL: Married to the former Bess P. Kolantis, also a native of Virginia; three sons, Peter G. Decker, III, Paul A. Decker and Phillip A. Decker. Harriet Russell Harriet Russell was named Executive Director of the Commission on Family Violence Prevention in August, 1994. She is a graduate of Georgetown University with a degree in Nursing. She was a Pediatric Nursing Instructor and newborn intensive care clinical specialist. Ms. Russell was a founding member of Prevent Child Abuse, Virginia, worked with that organiztion and VADV for passage of the Family Violence Prevention Fund and Family & Children's Trust Fund legislation. She has served as a citizen appointee to the Governor's Advisory Board on Child Abuse and Neglect, the Supreme Court's Advisory Committee on Permanency Planning for Families and Family Court Pilot Program. Prior to joining the Supreme Court, Harriet was director of Prevention and Children's Resources with the Department of Mental Health, Mental Retardation and Substance Abuse Services. CONFERENCE PLANNING COMMITTEE JOSEPHINE PHIPPS Assistant Director SAFE /Friends of the Norfolk Juvenile Court, Inc. SHARON CHAMBERLIN, Lieutenant Norfolk Police Department NICOLE POULIN Assistant Coordinator SAFE /Friends of the Norfolk Juvenile Court, Inc. KATHY FROEDE Partners in Hope Luthern Council of Tidewater MARTY RAISS PACE/Outreach City of Norfolk RAY HARTZ Tidewater Legal Aid Luthern Council of Tidewater KAREN PHARR, R. N., B.S.N. Eastern Virginia Medical School MARILYN OVERSTREET Director SAFE /Friends of the Norfolk Juvenile Court, Inc. JENNIFER L. MCMURRAY, R. N. MSSN, CNNP Children's Hospital of Kings Daughters DENISE PARKER FHC/TPI Health Systems NANCY COURT Director Norfolk Victim/Witness Program FAMILY VIOLENCE HOTLINE 1-800-838-8238 THE COMMONWEALTH of VIRGINIA Commission on Family Violence Prevention COMMISSION ON FAMILY VIOLENCE PREVENTION COMMISSION CHARGE: - study domestic violence - identify existing services and resources to address family violence - investigate ways to coordinate the delivery of services and resources - increase public awareness of available services - determine services, resources and legislation needed to address, prevent and treat family violence COMMISSION FORMAT: Commission to meet quarterly; each meeting will allot time for: Subcommittee Meetings Subcommittee reports to Commission as a whole Public Comment and Local Program Presentation Period STRUCTURE: Subcommittees: Public and Professional Awareness Subcommittee Community Response Subcommittee Technical Assistance and Training Subcommittee Law Enforcement Subcommittee Data Collection and Monitoring Subcommittee Legislative/Judicial Subcommittee Task Groups: -Roles and Rules of the Judicial System for the Non-Legally Trained (Brochure) -Task Force on Violence Education and Awareness for Physicians -Anti-stalking Efforts -Effective Enforcement of Protective Orders -Status and Incidence/Prevalence Data Workplan for the Commission on Family Violence Prevention VISION In the future violence within families will become totally unacceptable behavior. Public attitudes will reflect a commitment to ensure that homes are safe. This commitment will be evidenced by vigorous leadership and comprehensive, coordinated policies addressing the prevention of family violence at both the state and local levels. The goal of the Commission is to provide direction and leadership for the development, implementation and coordination of policies, legislation, programs and resources directed to family violence and related issues (domestic violence, sexual assault, child abuse, elder abuse and stalking) at both the state and local levels. Objective 1 To increase public and professional awareness related to the complex dynamics, implications, prevention and treatment of family violence. Products by 1/1/96: - Coordinated statewide public awareness campaign - Brochure on the roles and rules of the judicial system in domestic violence for the non- legally trained - Strategy for increasing awareness of health care providers - Co-sponsorship of the Healthy Families Conference and the Domestic Violence Conference Responsibility: Public and Professional Awareness Subcommittee Objective 2 To develop community response plans that will assure an efficient, responsive, comprehensive, coordinated response to family violence and related issues. Products by 1/1/96: - A Guide to coordinated community needs assessment and strategic planning to address family violence - Community implementation guide for effective anti-stalking efforts. - Model community procedures for effective enforcement of protective orders. Responsibility: Community Response Subcommittee Objective 3 To provide training and technical assistance for the implementation of community response plans. Products by 1/1/96: - Three professional groups will have received training related to their role in implementing the model protocols. - Two communities will have received technical assistance to undertake a comprehensive local needs assessment and five year strategic plan. Responsibility: Technical Assistance and Training Subcommittee Objective 4 To review and analyze law enforcement responses related to domestic violence, and develop recommendations designed to assure the safety and protection of victims and their children. Products by 1/1/96: -A review of local law enforcement policies related to domestic violence. -Description of the essential components of an effective law enforcement response to domestic violence. -Idenfitication of essential points and methods of coordination among law enforcement, prosecutorial, judicial and victim services systesm. Recommendations related to effective methods of tracking the incidence and disposition of domestic violence cases at the local level. Responsibility: Law Enforcement Subcommittee Objective 5 To collect, analyze and disseminate information related to the prevention and treatment of family violence in Virginia. Products by 1/1/96: - A data base of existing programs, services, coordinating councils and resources in Virginia. - A catalogue of replication materials for research based model programs and services. - A preliminary report on the status of data collection methods that track the incidence and prevalence of family violence in Virginia. Responsibility: Data Collection/Monitoring Subcommittee Objective 6 To provide a forum for the development, tracking and implementation of legislation related to family violence. Products by 1/1/96: - A legislative and budget agenda for the 1996 Session of the General Assembly. Responsibility: Legislative/Judicial Subcommittee PROJECTED COMMISSION ACCOMPLISHMENTS BY 1/96: * Three "Virginia Commission on Family Violence Prevention" Community Response plans will be developed, endorsed by the Commission and distributed statewide. * At least two communities will have received technical assistance to convene and undertake a multi-disciplinary, broad based, comprehensive needs assessment and will have begun to develop a strategic plan to address their needs and implement Community Response plans. * At least three professional groups will have received training related to family violence issues and the Commission's Community Response plans. * A unified data base of existing resources/services (domestic violence, sexual assault, victim/witness, child abuse and mental health) will be developed. * A data base of existing coordinated community approaches to family violence will be established. * The Commission will have co-sponsored at least two statewide conferences in collaboration with voluntary statewide advocacy groups. * A statewide public awareness campaign will be implemented in collaboration with statewide advocacy organizations and media associations. * An informational brochure about the roles and rules of the judicial system in family violence for the general (non-legally trained) public will be published and distributed. * A preliminary report on the status of existing data collection related to the prevalence and incidence of family violence will be completed. * The Commission will have developed a legislative and budget agenda for introduction in the 96 session of the General Assembly. DYNAMICS OF FAMILY VIOLENCE What We Know and Need to Know Keynote Address National Conference on Family Violence: Health and Justice M. Joycelyn Elders, MD you, I was her best friend and I saw her six days Surgeon General a week and I didn't recognize the problem. And U.S. Public Health Service it's obvious that I have not been alone. I certainly want to thank Dr. McAfee for that So we have a major job of making sure that we elegant introduction and I want to thank the educate our professionals. This is an important AMA, most of all, for holding this very impor- beginning. The AMA Guidelines, compendium tant conference: Looking at family violence and and other materials that have been put together involving the health care system, the justice are going to help us as health professionals learn The reason why it's system, the social service system, the media, about violence. But we know that that's not enough. We've got to make sure that our justice so important that education - all of those involved - to try to professionals learn about violence. But we know we rid our work together to create a coalition on family violence. And I know, from some of the work they can't do it alone - that we've all got to communities of this that you've done, that you're moving very become involved if we're going to make a tragedy, is that we rapidly toward that. difference. When I think about them out there know that women for years trying to do it alone, 1 tell people it's Everyone that I've spoken to has already who are abused are like public health - it's like dancing with a bear. planned what they're going to do when they get And when you're dancing with a bear you can't far more likely to back to their communities. And I want you to get tired and sit down. You have to wait until abuse their know that we all very much appreciate you for the bear gets tired. And then you sit down. So children. Children being able to be the lightening rod for your we've got to go out and find some new partners who are abused are community - and realizing that all the rest of us to help us dance with this bear so we can wear here will be the thunder behind you. So don't far more likely to him out and run him out of our communities. get discouraged when you go back and things become abusers. So just keep working, because that's just what don't happen as quickly as you think they're And we wonder we're going to have to do. going to happen. Just because we're all excited, why we're having you're going to have to go back and get every- We've got to educate the ministers, so when so much increased body in your community just as excited as you've victims go to them and begin to tell them about been. And I think you can do that - 1 don't feel the problem, that they don't pat them on the violence among our it will be a hard problem. But we certainly know head and say, "Honey, go home, it's going to be adolescents. Part of that it's something that we've got to do. all right." We've got to educate the policemen, the problem is that so that when they go into a home they will our adolescents are We appreciate the goals of this conference. First understand what they need to do. Because in the vectors that of all, of educating professionals to recognize many of our very rural communities, we find family violence. I know that many of you are carry the violence that women are abused and the best friend of like me - you really didn't feel that was a the husband is the chief of police. So nothing from their homes to problem. You felt that doctors, nurses, whom- gets done. We have got to make sure that we the schools and into ever - could recognize family violence as a educate all of our community, also the friends - the community. problem. get them all involved - so that we can begin to But I want to tell you about my very best friend rid our communities of this tragedy. in the world. She lived across the street from The reason why it's so important that we rid our me. She had been seen multiple times in communities of this tragedy, is that we know emergency rooms. We often went to work that women who are abused are far more likely together - she'd drive or 1 would drive. Every to abuse their children. Children who are morning she'd tell me something, you know, she abused are far more likely to become abusers. fell down the steps or this happened, and I And we wonder why we're having so much would often tell her, "Oh, you're such a klutz." increased violence among our adolescents. Part But then something happened to make me of the problem is that our adolescents are the realize that was not the truth. And this had gone vectors that carry the violence from their homes on for several years - this was not a single to the schools and into the community. incident - and 1 began to put all of these things If we ever expect to put an end to violence in together. And one day she sat and told me all this Nation, in our communities, then we have about that. She had a chart that looked like that to attend to the family. it all starts there. And from her emergency room visits - and I'm telling we must take a multi-disciplinary approach to ending violence. The kind of approach that The long-term or cyclical effects of violence in draws from criminal justice, education, social the home are like the ripples from a rock thrown services, and health. Our experiences over the in the water - they don't subside, they just get past 20 years have taught us that the criminal bigger. A review recently published in the We must begin to justice system alone cannot solve the problem of Psychological Bulletin found that: break the cycle of violence. We see this in the prisons that are violence that we Convicted male felons report higher rates of bursting at the seams, in our neighborhoods in childhood physical abuse (particularly those see going on in decay, in the continued decline of the family, in who had committed sexual offenses) than do our society If. for the ever-increasing numbers of children killing non-institutionalized males. children. no other reason, Childhood and adolescent physical abuse, as we can't afford it. We are living in an epidemic of violence - and it well as parental marital violence, is related It costs too much. is taking it toll on our children. We have 10- and to marital violence for both males and We spend $13.5 12-year-old children in this nation planning their females. funerals. We have senior citizens afraid to leave billion on health their homes for fear they will be victimized on Parental spouse abuse contributes to care related to the streets of their neighborhoods. violence against non-family members in violent crimes. college students. But the fears are just one part of it. All of you have heard the appalling statistics about interper- Childhood physical abuse is strongly linked sonal violence. to adolescent aggression, including date violence. And the numbers are startling: Sexually or physically abused adolescents are 30% of all emergency room visits by women more suicidal than their non-abused result from domestic assaults. counterparts. More than 1300 women are murdered by Adolescents are more likely than younger their husbands or boyfriends each year. children to be victims of physical, sexual, or 2.7 million cases of child abuse and neglect emotional abuse. are reported in a single year. Today, in America, 14 children under the Countless seniors are physically abused, or age of 19 will die in suicides, homicides or financially exploited every day. accidental shootings. Many more than that will be injured. Firearms have become a serious problem: Since the 1950s, suicide rates among our On an average day, more than 50 people kill youth have almost quadrupled, and homi- themselves with guns. cide rates among young men are 20 times as Having a gun in your home makes it five high as most other industrialized countries. times more likely that someone in your household will commit suicide and three Almost all of these increases in both youth suicide and youth homicide are attributable to times more likely that someone in your increases in firearm suicide and firearm homi- household will be a homicide victim. cide. Firearms have accounted for virtually all The average child sees 8,000 murders and the dramatic increase in homicides in African 100,000 acts of violence on television before American males ages 15-24 from 1985. finishing elementary school. Fifty-seven percent of all African American Over three million young children witness teenage males who died in 1990 were killed parental violence each year. with guns. This is up from 48% in 1988. These children will grow up thinking that you This problem of violence has spilled over into settle a fight or keep someone in line with fists - the schools, and in increasing numbers and or guns. And these children will grow up think- proportions, kids are carrying guns to school. In ing that violence is a natural part of life. Vio- 1989, an estimated 430,000 students took a lence begets violence. We reap it where it is weapon to school to protect themselves from sown. attack or harm at least once during a six-month period. The other day we were talking about centers were uninsured, underinsured, or school violence, and I was just amazed to learn Medicaid-eligible. About 85% of such how much violence there is in our school hospital costs are cost-shifted onto the systems. One of the things we learned is that privately insured. 160,000 students miss school every day because In the District of Columbia alone, the costs So we've got. to start of their fear of violence. In 1992, there were 33 of criminal violence to hospitals totalled with education. persons killed at school, and you probably $20.4 million in 1989. We've got to educate already heard that more than 100,000 guns are in schools. It used to be 135,000; our metal And the total medical cost of all violence ourselves. We've got in the U.S. was $13.5 billion in 1992 - $3 to educate our detectors reduced this somewhat, but we've still not solved the problem. billion due to suicides and suicide attempts; schools; educate $10.5 billion due to interpersonal violence, our parents; We looked at children at a certain large city including murder, rape, assault, robbery, educate our school in Milwaukee, Wisconsin, and they drunk driving and arson. reported that they had 5,716 African American legislators. We've males in their school and only 135 of those male So what are some of the things we can do? I feel got to make sure students earned a B or above average. The that we've done a very important job by that everybody is average grade for minority students in this bringing together this group; beginning to form aware that violence school, which made up 55% of the student body, coalitions, beginning to admit that we've got a is not just a was D-plus. And we know children who succeed problem. in school are at far less risk for violence. In criminal justice And I want you to know that's an important 1988, out of 700,000 black female students who problem. It's a issue: To make people aware and to make them were in colleges and universities, there were admit that they've got a problem. Because I tell public health only 450,000 black males. There are far more everybody about when I went to Arkansas as problem: A problem black females in medical school than there are the health director - and I was talking about that can be cured - black males. We are about to lose a whole teenage pregnancy and one of my legislators a problem that can generation of bright young black men because of told me, "Dr. Elders, we didn't have a problem our failure to address a very critical problem be prevented - and with teenage pregnancy until you became that's going on in our schools. a problem that we health director." can begin to work I am desperately worried that our classic public Well, they weren't aware of the problem. It took health motto of "send consistent messages at on. It does not have five years. But I want to tell you that while the every level" when we seek to change behavior is to be endured. nation's teenage pregnancy has been going up, working in some terrible reverse here. We have Arkansas' teenage pregnancy has gone down children growing up in violent homes, with 8.6% per year for each of the past two and a half violent images in the media and in their years. And our abortion rate has dropped from communities, becoming adolescents who can 21% to 14%. But that was an awareness issue. obtain the tools of violence and "play for real." We had to get everybody involved. 1 made all And, if they survive their adolescence and the preachers mad. I made all the teachers mad. become adults, they may see their own children I made all the legislators mad. get caught in the same cycle. But when they came to realize that I was talking We must begin to break the cycle of violence about a real fact that was going on in our state, that we see going on in our society. If for no other reason, we can't afford it. It costs too they began to say, "We've got to do something much. We spend $13.5 billion on health care about this - you know, she is telling the truth." related to violent crimes. (They thought I was making it up.) And 1 think this is the same kind of thing. People do not The average cost of violent injury (fatal and believe all the things that we're talking about. non-fatal) was $44,000 in 1992. So we've got to start with education. We've got Direct health care costs alone due to violent to educate ourselves. We've got to educate our injuries are estimated to be $5.7 billion per schools; educate our parents; educate our year. legislators. We've got to make sure that every- In 1989, about 80% of gunshot and stabbing body is aware that violence is not just a criminal victims treated in some urban trauma justice problem. It's a public health problem: A problem that can be cured - a problem that can self esteem. They may be less likely to resort to be prevented - and a problem that we can begin violence or become victims of violence. To to work on. It does not have to be endured. prevent family violence, such programs can focus on belief systems and early dating behavior to I want you to know that when I talk to our promote the value of positive, supportive nation's policymakers, I always draw an analogy behavior as opposed to coercive or violent We have to teach between violence and traffic crashes. I tell them, behavior as the basis of intimate relationships. parents how to be when the toll of traffic crashes skyrocketed twenty-some years ago, the first thing we did was 3. We must educate our parents - educate parents, strengthen drivers' education classes and make them how to deal with violence: The children beginning with them a requirement. Then we worked with the who bring guns to school said they brought prenatal classes. automobile manufacturers to make cars safer, guns to school to protect themselves, because Having nurses adding seat belts and child safety seats; we they didn't feel safe. And most of them said visit homes of worked with the highway designers to make that their parents approved of them having expectant parents highways safer. And then we cracked down on some kind of weapon to protect themselves. unsafe, usually drunken driving. We have to make our schools safer so that to talk about child students don't resort to that. rearing, the risks Just as we reduced the number of deadly traffic of child abuse and crashes, 1 have maintained, we can engage in We have to teach parents how to be parents, similar process to reduce the deaths and injuries beginning with prenatal classes. Having nurses how to prevent it, caused by violence. Traffic accidents are going visit homes of expectant parents to talk about is very promising down, while our gun violence is going up. In the child rearing, the risks of child abuse and how to way to prevent nation's Capitol, where you're sitting today, the prevent it, is very promising way to prevent violence in the number of deaths related to guns is five times violence in the home. The family support home. that related to car accidents. Those of you programs that are cropping up around the gathered here today can help me describe that country offer another promising approach. These process to our lawmakers - and you can share programs provide parenting education and with them what has been done and what remains support for young parents and their children. to be done to engage fully in that process. 4. We must help our children do better in school. Let me conclude with my "prescriptions" for We must offer and support early childhood violence prevention, a few suggestions for education programs like Head Start. Violence treatment for already-violent families. Let me prevention begins at the earliest ages, includ- stress that those interventions for families that ing prevention of family violence, and should live with violence must be for both the victims be a part of all preschool programs. If we know and the perpetrators of abuse. that children who are doing well in school are less likely to be involved in violence, we've 1. We must keep the tools of violence out of the hands of our children. The Brady law got to make sure that they get a good start. was a wonderful and courageous first step, People have often heard me say that children are but we must do more. We need to ban half as tall as they will ever be by the time semiautomatic assault weapons, that have no they're three. They know half as much as they'll other purpose but to kill. And children ever know by the time they're four. Hope, will should not be able to own handguns. and drive have been determined by the time 2. We must incorporate violence prevention they're five. And if we have not done the things into our school curricula. I am convinced we need to do early, we're doing too little, too that schools offer us the best and easiest way late. We've got to be involved early. to reach as many children as possible. 5. We must provide comprehensive health We need more classes in conflict resolution education in all our schools, from kindergarten designed to help children develop empathy with through high school, and we've got to reduce others, learn ways to control impulses, develop the number of children being born to children. problem-solving skills, and manage anger. Someone asked me this morning if I could Acquiring these skills provides students with wave a magic wand, and get anything that 1 appropriate standards of behavior, a sense of self- wanted to happen during my tenure as control over their behavior, and improves their Surgeon General, what would that be? Well, I didn't have to think about it very long, be- So what is the role of this group? I think you cause I've thought about it a lot before. And have to CARE. You have to care enough to my answer was, "If I could make every child, have the courage to do the things you need to born in America, a planned, wanted child, I do when we all get back home. And we all have feel I would do more for this country than any to do that. Always remember that one person other single thing." with courage makes a majority. We would reduce poverty. And we would You have to care enough to be AWARE of the markedly reduce the number of people we have problem. But it's not enough just to be aware of We must provide involved in our criminal justice system, because the problem; many of us have been aware of this comprehensive 92% of the young people in prison between the problem, brooding down there, but we didn't health education ages of 19 and 35 were born to children. I was in talk about it. We have to become advocates for Colorado just the other day and they were the problem, educating others about the in all our schools, looking at their gang activity, and they said that magnitude and costs of this epidemic. But it's from kindergarten they had interviewed 79 gang members. And of not enough just to be an advocate - we have to through high those 79 people, 75 of them were born to develop an action plan that fits our community. school, and we've children. So the problem is not just the $34 What's right for my community may not be got to reduce billion that you pay for AFDC, WIC and right for your community. You have to care the number of Medicaid to keep them poor, ignorant and enough to do the thing that's right for your enslaved, it's all of these other problems that are children being born community. added onto the system. So I'm saying we've got to children. Beyond our care, I feel that each of us has to to deal with that problem if we are going to make a difference. REACH OUT and be responsible. We have to use all the resources that are available in our 6. Finally, we must develop programs to train communities - the schools, the churches, the young people, build their skills, and make jobs criminal justice system - everybody. And available for them. certainly we physicians have not used all of the If we want to prevent violence, we have to resources. We used our own resources and many times we didn't even refer to the social worker provide hope. And hope means giving our young people a future. to get things done. We've got to make sure that our emergency rooms are well trained to handle My prescriptions then are intended to prevent these cases, to ask the right questions to get the violence through education. Let us agree to give right answers so we can do the things we need our policymakers two facts when we plead for to do. prevention: And last but not least for the E in CARE - we In 1992, the average annual cost to incar- have to make sure that we're EDUCATED and cerate a juvenile in California was about that we educate and empower everyone in our $90,000. community so we can get the job done. And I The annual California expenditure for feel that you have to use every opportunity you educating a child in 1992 was $5,029. get to make sure the things we need to do get done. To me, opportunities in life are like the So I think, overall, education is a very good hairs on a bald-headed man: they only go investment. around once and we have to grab them while they're there. Thank you very much. THE BATTERER: WHY DOES HE BATTER? Exaggerated need to control and dominate spouse. Defines manhood in terms of dominance and control over others, especially females. Violence is an accepted part of male upbringing in our society and most others. Learned response to stress. Extreme emotional dependence upon victim. Relationship addiction. His violence gets results--if only temporarily. He "gets his way". The violence "feels good"--if only temporarily. Lack of conflict negotiation skills. Lack of cooperative decision-making skills. Expresses anger as aggression. Expresses most emotions, such as hurt feelings or sadness, as anger. Accepts abuse as normal due to childhood experiences. Does not see himself as responsible for his own behavior. Feels other people or events provoke him. Feels the abuse is justifiable. Blames the victim. Externalization. Objectifies women--it's okay to hit an object. 1.8 million women a year are beaten. CHARACTERISTICS OF ABUSIVE MEN Sociologically and historically, the law and public opinion support the mans's right to control his spouse by physical force. As John Stuart Mill wrote in The Subjection of Women in 1869: From the earliest twilight of human society, every woman was found in a state of bondage to some man the vilest malefactor has some wretched woman tied to him, against whom he can commit without too much danger of legal penalty. History and literature are replete with examples of the attitude that men will be strong and protective and woman weak and passive. Little has changed since Mill penned his essay. the myths of male dominance and female submissiveness continue to exist and provide a supportive backdrop against which some men routinely abuse their spouses. Professionals who treat batterers are beginning to recognize some common characteristics of abusive men. It is important to note that, due to the reluctance of batterers to seek treatment, these characteristics are based on work with a relatively small proportion of abusers. It is impossible to formulate a definitive profile of the "abusive male", and experts in domestic violence rely on a combination of characteristics. Abusive men are found among all races, socioeconomic classes, and occupations. Most abusive men do not view their abusive behavior as their own fault. They tend to feel weak and powerless, resorting to violence to assure themselves of their own strength, control and masculinity. Abusive men generally have intense, dependent relationships with their spouses. Their extreme dependency is expressed through their need for nurturing, comfort, and constant reassurance. These men fear loss of the relationship; this fear reinforces their self-doubt. They experience inner rage at having to be so dependent. As a result of their rage and self-doubt, abusive men act in controlling ways to exert power and to deny their own weakness. For example, abusive men exhibit jealous and possessive behavior and attempt to monitor all of their spouse's activities. They may lack other supportive relationships and maintain only superficial contact with persons outside the nuclear family. Abusive men tend to have difficulty in identifying and appropriately expressing emotions other than anger. Anxiety, fear, frustration, even affection and intimacy are expressed behaviorally through anger. Although these men may have sufficient verbal skills to function in their work or in other relationships, they do not possess the verbal skills to express what they think or feel. In an infantile manner, they expect constant gratification from their spouses, who are expected to know what they want and need. Abusive men generally minimize the seriousness of their violent behavior to themselves as well as to others.² They inconsistently experience remorse for their violent behavior, at times apologizing and pleading for forgiveness, at times blaming the victim. 2 A. Gailey & L. Harris. Domestic Violence: Issues in Designing and Implementing Programs for Male Batterers. Presented at the American Psychological Association, Toronto, Canada. Fleming and others note that many abusers were themselves abused in childhood.³ At best, they come from dysfunctional family environments where appropriate problem solving was never observed. The male may subsequently identify with the aggressive parent, wanting to be like him and thus minimize his own fears. He may also identify with the powerlessness of the victim and be frightened by the sense of dependency and inadequacy powerlessness creates. Since men have cultural support for physically aggressive behavior, beating their spouses becomes a way by which these men can minimize their own self-doubt, exert control over the source of their nurturance and maintain a sense of balance, albeit a precarious one. Since many battering men are usually charming and pleasant to others, and sometimes to their mates, there is no consistent negative reinforcement for their violence. They can pretend for long periods of time that their violent behavior is acceptable. Under this guise of approval, the violent behavior of these men will continue. RISK FACTORS FOR ABUSIVE MEN Most abusive husbands are very concerned about maintaining their marriages. They often feel that their relationship with their wives and children is the only relationship where they are in control. If the wife attempts to leave, their response may range from pleading to harassment; some threaten to commit suicide, manipulating the wife's guilt to convince her to stay. The point at which the wife attempts to separate from her husband is the point of greatest risk for her; however, it also presents risks for the husband. The following presents some points of greatest risk for abusive men. POINTS OF POTENTIAL HARM FOR ABUSIVE MEN Wife has taken a passive role in previous incidents but now decides to fight back. Wife may be prone to use a weapon (gun or knife) in self-defense. Both spouses are actively engaged in fighting; husband, as well as wife, is at risk. Wife's extended family or friends may come to her rescue; this may result in incidents of physical assault, use of weapons, and/or homicide. Husband may be harmed during the course of a third-party intervention, for example, by law enforcement officers. Husband may attempt suicide at point of separation, or when things are going poorly in the relationship. The cycle of abuse, attempted reconciliations and failures adds to the man's feelings of emotional incompetence, worthlessness and failure. 3 J. B. Fleming. LETHALITY INDEX--RISK ASSESSMENT GUIDE THREATS (HOMICIDE OR SUICIDE) If he has threatened to kill If the threat was specific If he has followed through on other threats BATTERER HAS FANTASIES OF HOMICIDE/SUICIDE If he talks about when, where, how If he has acted out parts, but stopped If the story is detailed and the means for carrying it out are available WEAPONS (AVAILABLE/PRESENT) If he has used one before If he has access at all times to loaded gun If he says he'll kill her before he will let anyone else have her CENTRALITY OF PARTNER If he idolizes or is heavily dependent on her If he is isolated from others and enforces her isolation If he says he "can't envision life without her" and/or becomes desperate or enraged when she makes the move to leave DEPRESSION If he exhibits symptoms of depression PATTERN OF VIOLENCE If the pattern involves escalation in frequency and/or in severity If there is a change in access to the woman or children If the violence is reaching lethal levels ESCALATION OF THE BATTERING If he engages in behaviors that increase risks to himself If he begins to disregard legal or social consequences that previously restrained him PATTERNS OF INTERACTION IN VIOLENT RELATIONSHIPS Dominant, Violent Husband/Overwhelmed Wife In some relationships, the woman is overwhelmed by her husband's control and dominance. She is unable to protect herself or her children against her husband's violence. Steinmetz describes a process of brainwashing which occurs with this interaction pattern. It begins with isolation and fear. The victim tends to feel guilty about the beatings and attempts to maintain equilibrium in the family. A degree of learned helplessness immobilizes her. The economic and emotional dependence of the victim seems to result in submissive, overdependent behavior. Guilt and embarrassment further reinforce her fear and isolation, while repeated beatings intensifies her perception of herself as worthless, incompetent and responsible for the problems in their relationship, and sometimes even make her thankful that her spouse will continue to tolerate her. She feels powerless to leave or to seek help. She may believe that, because she is at fault, she does not deserve better treatment. These attitudes in turn provide the batterer with a rationalization for his behavior. He believes his wife is "crazy", "out of control" and "not to be believed".⁴ In this interaction pattern, the husband may feel less remorseful about his violent actions. He believes his actions are necessary to keep his wife in her place. Meanwhile the wife is prone to project all blame onto herself. As the situation deteriorates, she becomes more immobilized and depressed. Children from these families are quite likely to be neglected, with older children delegated parental roles. The victim feels she could prevent the violence if she could change so as not to elicit her husband's rage. WHY WOMEN STAY SITUATIONAL FACTORS: Economic dependence Fear of greater physical danger to themselves and their children if they attempt to leave Fear of emotional damage to children Fear of losing custody of children Lack of alternative housing Lack of job skills Social isolation resulting in lack of support from family or friends and lack of information regarding alternatives Fear of involvement in court processes Cultural and religious constraints Fear of retaliation EMOTIONAL FACTORS: Fear of loneliness Insecurity over potential independence and lack of emotional support Guilt about failure of marriage Fear that husband is not able to survive alone Belief that husband will change Ambivalence and fear over making formidable life changes CHARACTERISTICS OF SPOUSES WITH DISCREPANT SEX ROLE PERCEPTIONS WIFE HUSBAND - Usually the abused - Usually the abuser - Assumes the responsibility for - Usually remorseful after change in husband after incident incident - Higher occupational potential - Lacks verbal/social skills than spouse - More capable than she perceives - Lower level of occupational attainment than perceived - Held accountable by spouse for or actual level of spouse mishaps/problems in family - Perceives himself as inade- functioning quate provider, husband and father - Relinquishes responsibility for family functioning and blames spouse for problems in household - Believes he cannot live up to his nor his wife's expectations CHARACTERISTICS OF SPOUSES IN DOMINANT HUSBAND/OVERWHELMED WIFE RELATIONSHIP WIFE HUSBAND - Usually the abused - Usually the abuser - Promises to improve, placates - Feels spouse deserves abuse - May not function in household - Blames spouse for home problems - Adheres to spouse's ideas about - Maintains total control over running household finances - May be depressed, attempts to meet - Feels spouse is crazy, out spouse's demands of control - Accepts total responsibility for - Has unrealistic expectations relationship and makes continuous un- realistic demands - Feels spouse is responsible for all problems in relationship CHILDREN IN VIOLENT HOMES Children are often the unintended victims of battering. Children in violent homes face dual threats: the threat of witnessing traumatic events, and the threat of physical assault. Children of abused women may: Be injured during an incident of parental violence; Be traumatized by fear for their mother and their own helplessness in protecting her; Blame themselves for not preventing the violence or for causing it; Be abused or neglected themselves. CHILD ABUSE IN VIOLENT HOMES The risk of child abuse is significantly higher when partner assault is also reported.² Nearly half of men who abuse their female partners also abuse their children.³ Nationally, 75% of battered women say that their children are also battered.⁴ Another study found that one-third of the families reporting a violent incident between the parents also reported the presence of child abuse.⁵ Women being battered are less able to care for their children.⁶ Eight times as many women report using physical discipline on their children while with their batterer than when living alone or in a nonbattering relationship.⁷ WITNESSING PARENTAL VIOLENCE Over 3 million children are at risk of exposure to parental violence each year. R Children from violent families can provide clinicians with detailed accounts of abusive incidents their parents never realized they had witnessed.9 LESSON STAYS WITH KIDS AS THEY MATURE Domestic violence may send Mom to the hospital--or, finally, to the morgue. It may send Dad to prison. But simply seeing domestic violence can launch children into lifelong spirals of anxiety and guilt, rage and depression--violence and victimization. Sherry Preator's kids had seen her abused by boyfriend Clifford Crawford for six years. After they broke up, Crawford harassed her. In September he killed her, with the kids just yards away. "I picked up my children right after their mommy got murdered and I saw signs of relief on their face," says Rick Barbarino, Preator's ex-husband. "Not because their mommy was murdered--but because it was over." As the nation obsesses about youth street violence, it overlooks a closer, more virulent threat: "Witnessing violence between parents in the home results in more severe consequences" for kids even than seeing street carnage, says a Journal of the American Medical Association report. "Boys become more abusive as adults; girls become victims," the report says. "Children of both sexes may come to see violence as an integral part of a close relationship." Revelations that O.J. Simpson battered wife Nicole--he's pleaded not guilty in the killing-catapulted the issue of domestic violence onto front pages and TV screens. But psychologist Peter Jaffe finds coverage of the Simpson case frustrating. "There's been such a focus on him, little focus on the two victims, and very little focus on the children." says Jaffe, co- author of Children of Battered Women. Just as experts give varying estimates of how many women endure domestic violence each year-- from 572,000 to 4 million--they also differ on how many kids see it. Some say 1 million; some say 10 million. And yet, the children of domestic violence are "the real victims we've forgotten about, who have no place in the system at all," says American Bar Association president-elect Roberta Cooper Ramo. In a report to be released Monday, the ABA will propose reforms to change that--in part because the children themselves need help but also because children suckled on domestic violence are much more likely to become violent as adults. "If you see aggression between your parents, the likelihood that you will learn to be violent is 2-3 times greater" than it is for other children, says psychologist Richard Gelles. The reasons seem clear. Experts say a child's early years are spent drawing "social maps" by which they later live. What does that map look like to a child who's witnessed domestic violence? A harsh land of insecurity and chaos, where brutes control and the brutalized live in fear. When counselor Betsy McAlister Groves asked a 5-year-old to describe his violent home, the boy drew a childishly classic house: a square topped with a triangle roof. two windows, a front door. But sharp fangs lined the doorway, the windows were angry eyes--and the stick figures running from the house were the boy and his sister, crying tears as big as fists. When children themselves are abused, "they develop coping mechanisms that allow them to go from day to day," says lawyer Paul Mones, who represents children who have killed abusive parents. "Witnessing a parent being harmed is very different," he says. "It throws off the coping mechanisms" and plunges children into riptides of anxiety, worrying about themselves and about their parent--in most cases, their mother. Eddie Elliott of Columbus, Ohio, was 6 when he found the bludgeoned body of his mother, Barbara. He's 12 now, tormented by nightmares. Eddie's father Edward Elliott confessed, and faces charges in the killing. But in what's probably an unprecedented use of Ohio law, he was convicted this week of "mentally assaulting" his son by leaving the body where the boy would find it. Experts long have believed child abuse victims are at increased risk later for psychological problems, delinquency and substance abuse. Now, research show just seeing a parent being abused "is even more predictive of those negative outcomes than children being victims themselves," says Gelles, who heads the University of Rhode Island's Family Violence Research Program. Only this decade, Gelles says, have experts "started to call witnessing a form of child abuse." In the Simpson home, "if the kids never were physically touched--and no one has alleged they were --I'd still be concerned," he says. There, "instances of domestic violence went so far as to come to police attention eight times"--when Nicole Simpson called 911. "Everybody heard that 911 call," Jaffe adds, the one in which Nicole Simpson says her ex-husband has broken in, and begs him not to shout lest he wake their kids. "How many people hear that and wondered, 'How are young children managing?' When they hear their dad's voice, the screaming are they confused about why someone they love so much would hurt someone else they love so much?" When Jaffe interviews parents in domestic violence cases, he says, "most think their kids don't know it went on. But when we interview the children, we find 80%-90% of them know exactly what was going on." The children of domestic violence sleep lightly, alert for screams and crashes. They know what it means when they're sent to bed early. They listen at their bedroom doors. Maryland state lawmaker Connie Galiazzo DeJuliis remembers sending her son to his room 25 years ago, so he wouldn't see his dad beat her. Later, "He had to get a chair to reach the faucet and wet a paper towel. He came over to me and knelt down and was wiping the blood off my face--and his voice wasn't angry, it was just matter-of- fact. He said, 'Mommy, when I grow up I'm going to get a knife and kill him.' That night, DeJuliis says, she took her son and two daughters, and left. "We leave our children in violent situations, and we expect them not to be violent?" she says, incredulous. "We need to show that little boy that if you beat somebody, it's a crime, and you're going to jail." Current laws and enforcement don't do the job, lawyer Mones says. For example, even when divorce is granted on grounds that a husband beat a wife, he may still get visitation rights to the kids--and chances to accost the woman again. In researching his book When a Child Kills, Mones studied histories of convicts on death row and concluded "More often than child abuse...you'll find the witnessing of violence against their mother." And Gelles recalls counseling an 11-year-old who had chased his mother around the house with a gun. "I said, 'What on Earth made you do that?' And he said, 'That's what my dad does when he's mad at her.'" Last month, Clifford Crawford went to prison for murdering Sherry Preator. Her kids remain fearful and angry and cry for hours at night, says grandmother Donna Chantland. Just before Preator was shot, her 11-year-old herded the younger kids outside, away from the fight. Later, Chantland says, the girl told her, " 'Grandma, maybe if I would have stayed in, he wouldn't have done that.' It breaks your heart." "As violence against women becomes more severe and more frequent in the home, children experience a 300% increase in physical violence by the male batterer." (M. Strauss & R. Gellers, Physical Violence in American Families, 1990) "Many parents minimize or deny the presence of children while the mothers are being assaulted. However, interviews with children of battered women reveal that they have seen heard, and can describe detailed accounts of, violent behavior that their mother or father never realized they had witnessed." (Jaffe, Wolfe & Wilson, Children of Battered Women, 1990) "Events can be witnessed in many ways, not just by sight. Children may hear their mother's screams and crying; the abuser's threats; sounds of fists hitting flesh, glass breaking, wood splintering, cursing and degrading language. Children also witness the consequences of the abuse after it has occurred-their mother's bruises and torn clothes, holes in walls, broken furniture, their mother's tears. They sense the tension in the house, in their mother." (National Center on Women and Family Law, The Effect of Woman Abuse on Children, 1990) "Many fathers inadvertently injure children while throwing about furniture or other household objects when abusing their female partners. The youngest children sustain the most serious injuries, such as concussions and broken shoulders and ribs." Maria Roy, Children in the Crossfire, 1988) "Since school records are not protected by law, violent fathers use these records to track down the mothers or kidnap the children. As a result, many children of battered women are kept out of school for security reasons." Lee Ann Hoff, Battered Women as Survivors, 1990; Jaffe, Wolfe & Wilson, Children of Battered Women, 1990) "Of children who witness their mothers being abused by their fathers, 40% suffer anxiety, 48% suffer depression, 53% act out with their parents, 60% act out with siblings. (Pfout, Schopler & Henley, Forgotten Victims of Family Violence, in Social Work, July, 1992) These children also suffer poor health, low self-esteem, poor impulse control, sleeping difficulties, and feelings of powerlessness. They are at high risk for alcohol and drug use, sexual acting out, running away from home, isolation, loneliness, fear and suicide. (Jaffe, Wolfe & Wilson, Children of Battered Women, 1990) "In general, 70% of men who abuse their female partners also abuse their children." (Bowker, Arbitell & McFerron, "On the Relationship Between Wife Beating and Child Abuse'' in Feminist Perspectives on Wife Abuse, Yllo & Bogard, eds., 1988) LEGAL SYSTEM FAILS CHILDREN, WOMEN: AMERICAN BAR REPORT quoted from Families In Crisis Funding Report The nation's legal system, including police, lawyers and judges, is not doing enough to protect children from the physical and psychological effects of seeing a parent battered, according to an American Bar Association report. The Impact of Domestic Violence on Children finds that children can suffer grievous harm "merely observing or hearing the domestic terrorism of brutality against a parent at home." Experts estimate that more than 3.3 million children witness family violence in their homes, according to the report. ABA President William Ide III pints to evidence that "children who live in homes where there is domestic violence are more likely than others to become batterers of their partners when they become adults or to view violence among intimate companions as an acceptable or inevitable norm." The report challenges the legal profession to take the lead in bringing about need reform, although it sees "a profound shortage" of legal services available to quickly and efficiently aid low-income parents in family violence cases. The report recommends that: State and federal legislation require abusers to relinquish any firearms the possess to the police. Mandatory arrest of abusers should be available where there is probable cause to believe court orders of protection have been violated or abusers have violated custody or visitation orders. Appropriate law enforcement, shelter, health care and judicial system resources should be provided to promote the safety of parents victimized by domestic violence, and their children. Continuing education should be provided to attorneys, judges and others involved in juvenile, child welfare and domestic relations cases on the impact of domestic violence on children. EFFECTS OF FAMILY VIOLENCE ON ADULTS: Emotional abuse and deprivation Difficulty in obtaining, maintaining, and adjusting to employment Perpetuation of social isolation for fear of violence being disclosed Depression: victim may become immobilized due to constant fear; aggressor may lose sense of self-worth and/or experience a range of psychiatric symptoms which add to his dysfunction and may require hospitalization Continuing violence which will escalate if alternative behaviors are not learned Breakup of family unit Court fights regarding separation, divorce, and custody of children Expansion of violence into the community Recurrence of violent behavior with new partner Disabling injuries Death (of either perpetrator or victim by homicide) Death by suicide ON CHILDREN Depression Aggressive behavior toward others/delinquency Emotional injuries, such as low self esteem Poor school adjustment (educational and peer) Modeling behavior, learned victim/aggressor roles Runaway episodes Alcohol/drug experimentation Early marriage Continuation of violent behavior in their adult relationships Expansion of violence into the community Death by homicide Death by suicide The Who: The Community and Domestic Violence A. Domestic violence ripples out into the community as the perpetrator's violence also results in the death or injury of those attempting to assist the victim, or those who are innocent bystanders. Examples of the tragic consequences of domestic violence to the community can be seen on a daily basis in newspapers across the country as they recount the latest homicide of an ex-spouse, cur- rent partner, their children, innocent bystanders, as well as those who attempt to intervene in the violence. Although rarely identified by the media as "domestic violence" homicides, these cases al- most always have a history of abusive and controlling behavior by one party against the other. For example, in California a domestic vi- olence perpetrator kills the victim, his daughters, and several of the victim's co-workers, as well as a police officer; a nightclub is burned down in New York by the boyfriend of an employee, resulting in nu- merous deaths of patrons inside; in Colorado, 1 lawyer is shot in court by a domestic violence defendant; in Wa:hington, a lawyer is killed by the husband of a client he was defending in a custody case where domestic violence was alleged. B. The financial cost of domestic violence to the community in terms of medical care, days missed from work, response of the justice system, etc., is phenomenal. C. The cost to the community in lost lives and resources is a constant reminder that domestic violence is not a family affair and it is not merely a private affair, it is a community affair demanding a community response. Conclusion: Domestic violence cases present unique challenges for the courts. These cases can be handled more effectively and efficiently if fact-finding and decision-making are based on an understanding of the both societal and familial context in which domestic violence occurs and is reinforced. The civil court system's response to domestic violence must be part of a coordi- nated community effort to end the devastating consequences of violence within the family. Judges in the civil courts can play a powerful role in this coordinated response by holding perpetrators of domestic violence accountable for stopping their abuse, by ensuring that victims have access to the justice and protection of the courts, and by CO dering the damaging effects of the perpetrator' abuse on the abused party, the children, and the community in its decisions. Friends S.A.F.E Spousal Abuse Friend & Educator Program 60 ways to STOP we put to this ing problem. With courage, political will, and det mined imagination. Here's SE 60-point plan to get ne untry on track Build more shelters In the U.S., there would not be prudent for us as a compa- 10,000 callers per month. Today's patch- 1 are nearly three times as many ny to insure someone we knew was being work system of local and regional hot shelters for animals as there are for abused any more than it would be to in- lines leaves millions of women with battered women. Last year, Massachu- sure a diabetic for not taking medication." nowhere to turn for help. setts shelters closed their doors on 7,000 women and children because there Impose a wedding tax A $1 surcharge Stop calling it "Battered Wife Syndrome" wasn't enough room. In Oregon, four out 4 on every marriage license would of five women seeking shelter are turned raise $24 million for battered 7 This melodramatic title reinforces the notion that women are passive, away due to lack of space. women over 10 years. Eighteen states- helpless victims. They're not. According including Alabama, California, Nevada to Richard Gelles, director of the Family Appoint a Domestic Violence Czar While and Florida-already implement this. Violence Research Program at the Uni- 2 fighting the war on drugs, the coun- versity of Rhode Island, "80 percent 1 of try got a presidentially appointed Make it a felony In some states, abuse battered women have been incredibly Drug Czar. We need a high-profile 5 is treated as a misdemeanor instead active in trying to get help." spokesperson to lead the war on domestic of as a felony, which means an abu- abuse. Now! sive husband could break his wife's ribs Bench abusive athletes Every profes- and not spend even a day in jail. Prevent insurance companies from dis- 8 sional sports league suspends players who are caught abusing 3 criminating against battered women Fund a hot line The federal govern- drugs-but not players who beat their Some women are charged higher 6 ment should pay for a national toll- wives. These guys are supposed to be premiums for health, life and disability free, 24-hour-a-day battered role models! insurance when their medical records women's hot line. A similar service did indicate a history of abuse. Some are exist from 1988 until 1992, when it was Put lawyers to work Create a Nationa' denied coverage altogether. A State Farm disconnected because of lack of funds. Insurance Company spokesperson recent- During that time, it provided crisis coun- 9 Domestic Violence Lawyers Corps to help ensure that legal help is ly told a congressional committee, "It seling, information and referrals to some available for abused women who need it. Friends of Harlok Avenue can the S.A.F.E Spousal Abuse Friend & Educator Program 683-8511 In exchange for some measure of student- $50 million could build more than 125 Get hospitals up to speed Because loan forgiveness, participating law school shelters and help thousands of women. 22 women are more likely to be graduates would provide free legal aid in physically injured in the home domestic violence cases in underserved Start keeping records The federal at the hands of a husband or partner than communities around the country. 18 government tracks the annual anywhere else or by anyone else, every number of chain-saw injuries, major hospital and emergency room Bankroll more research The federal but not the number of domestic violence must have domestic violence advocates 10 government needs to increase its incidents that require hospital care. on staff. Hospitals are frequently the research budget for domestic Today, only a few states collect compre- first-and only-institutions women violence. The Centers for Disease hensive criminal data-a husband's turn to after being attacked. The state of Control and Prevention currently spends assault, for instance, may be noted as a California recently passed legislation $7.3 million a year on domestic violence simple case of battery. requiring prospective doctors to learn to projects; last year, the National Cancer identify signs of domestic violence and Institute's budget for prostate cancer Challenge the movies Give an to counsel victims. Other states should research topped $60 million. 19 NC-17 rating to any movie that follow suit. shows a woman being beaten or Broadcast more tapes of 911 calls like killed. Every time a woman is bumped Make it easier for victims to escape 11 Nicole Simpson's Yes, it's painful. off to advance the plot, it reinforces the Yes, it's an invasion of privacy. message that women are expendable. 23 Battered women who don't own cars have a nearly impossible But that tape may have done more to time getting to a shelter when trouble raise national consciousness than a year's Expand the use of electronic warning flares up. Local governments should pro- worth of public service announcements. 20 straps to monitor abusers who are vide women with coupons to take taxi- under restraining orders Simple cabs-just as they provide senior Disarm the abusers Bar anyone protective orders won't stop a determined citizens with taxi coupons to make it 12 convicted of abuse, or under a ier for them to get to the market or the restraining order, from owning doctor's office. a firearm. Prosecutors Convert the dergy Too many Fix the phone book Phone compa- shouldn't drop 13 nies need to put domestic vio- 24 women go to their clergymen for help only to be told that lence hot line numbers in the a case ifa keeping their family together should be front of the phone book, right next to the their priority. Every member of the cler- other emergency numbers. "woman gy needs training in how to deal with domestic violence issues-and that often Help victims hide The federal gov- 14 :hesitates about means putting a woman's safety before emment should support a nation- the sanctity of a violent home. al protection program, similar to the Federal Witness Protection Program. pressing End the kind of "alternative sentenc- "We need to help people rebuild their lives someplace else, help them blend in charges.,She 25 ing" designed to make life easier for abusers How much good came and get lost," says Christel Nichols, exec- isn't being from O.J. Simpson's 1989 court-ordered utive director of the Washington, "telephone therapy"? DC-based House of Ruth, "especially for the more severe cases-where the guys wishy-washy- Promote the kind of "alternative try to burn down their houses." she's scared. 26 sentencing" designed to make life easier for abused women The city Don't drop the case Prosecutors 15 of New Haven, Connecticut, experiment- shouldn't drop a case if a abuser, but several counties have experi- ed with weekend-only jail sentences, woman hesitates about pressing mented with affixing electronic devices aimed at punishing husbands without charges. A woman who changes her to abusers that alert their victims when undermining their ability to help support mind isn't wishy-washy-she's scared. the wearer comes within 1,000 feet. And their families. Efforts should be made to reassure and at least one company-the Florida-based protect her before a case is dropped. ADT Security Systems-has begun to Enlist large companies Many com- install "panic buttons" in abuse victims' 27 panies match their employees' Give good Samaritans a break 16 homes free of charge. The devices enable charitable donations. Employees Initiate tax savings for landlords women to immediately notify local need to convince their company to put a who lower the rent on cash- police when they sense danger. domestic violence group on its list of strapped battered women's shelters. charities. Sheri Poe, CEO of Ryka Inc. Don't call a beating"a spat" All too 21 athletic shoe company and a rape sur- Stage a benefit The Farm Aid con- 17 often, newspapers describe an vivor, founded ROSE (Regaining One's cert raised $11 million for Amer- incident of domestic violence as Self Esteem), an organization that pro- ican farmers; Band Aid raised a "marital dispute" or a "family squabble" vides aid to victims of violence. Her $144 million for Sudan and Ethiopia. It's instead of what it is: one partner beating company donates 7 percent of its profits time for an Abuse Aid concert-raising up the other. to the foundation. Friends of can S.A.F.E Spousal Abuse Friend & Educator Program 683-8511 Create a national computer registry Institute "mandatory arrest" Only Start early in the classroom 28 of men under restraining orders This 37 14 states currently require their 46 Teachers and principals need to will keep better track of them. and police forces to make an arrest begin antiviolence education protect women who move or travel away when officers conclude that a domestic programs in kindergarten, and keep ham- from home. violence crime has been committed. mering home the l's-never-okay-to-hit These mandates encourage police to treat message all the way through high school. Create a domestic violence unit in abuse as a serious crime. They also One third of all injuries that send girls 29 every major district attorney's office relieve victims of the burden of having ages 16 to 18 to the emergency room are After all, they have similar to decide on the spot whether or not to inflicted by boyfriends or husbands. high-profile units that target organized press charges-a decision that many crime and drugs. This task force should women rightly fear may result in further Accept no apologies Judges, prose- include specially trained prosecutors, abuse. 47 cutors, counselors-as well as investigators and victim advocates. battered women-must stop Put the word out publicly Use bill- accepting apologies from violent men. It Get 'em where they work It's time to 38 boards to get the message doesn't matter how sorry they are; if they 30 make domestic violence a work- across. One particularly graphic don't get professional help, they are place issue. Employee Assist- billboard in Los Angeles-it depicted an going to strike again. ance Programs help people who are abused woman in a body bag-got peo- substance abusers, but wife abusers-and ple talking about the issue. Look for dues, Doc Doctors need to abused wives-usually don't get the same access to treatment. There are com- 48 train their office staff to be on Initiate a boycott Consumers the lookout for signs of domes- panies out there whose programs can 39 shouldn't buy any product pro- tic violence: women who are crying serve as models: Polaroid, for instance, moted by a man with a history when they call to make an appointment, does an exemplary job. of domestic violence. Why did Hertz let men who call to cancel their wife's O.J. Simpson keep his gig after he was appointment. In his Portland, Maine, Extend unemployment benefits arrested for beating his wife? No pres- office, Robert McAfee, president of the 31 Women who are forced to leave sure not to. American Medical Association, flags their jobs because of domestic possible cases of domestic violence with violence should be allowed to collect Mete out fair sentences Women black-and-blue stickers. unemployment benefits. This would give many women the financial independence 40 who kill their abusive husbands are often given longer sentences Remember single women News- to leave an abusive relationship. than abusive men who kill their wives. 49 papers and magazines need to go beyond concentrating on marital Protect victims' health Enact a law Put it on display Photographer abuse. Many domestic violence experts 32 that guarantees continued health 41 Donna Ferrato spent 13 years believe that up to 75 percent of battered care coverage to women-and documenting the effects of women are single, separated or divorced. their children-who are fleeing an abu- domestic violence on women. Her chill- In fact, separation and divorce may sive spouse. ing pictures should be exhibited around increase a woman's risk of serious injury. the country. Wear it on your sleeve We need a Wise up, Bozo Daytime talk show 33 black-and-blue ribbon for Accompany the victims to court domestic violence in addition to 50 dopes should stop asking, "Why 42 Cities should institute programs don't battered women just the red AIDS ribbons. that provide companions for leave?" (In fact, studies show, two thirds abused women when they go to testify in of them eventually do.) The real question Out the batterers Post "wanted" court. This kind of emotional support is is "Why do men batter?" 34 signs with the faces of convicted key to helping a woman make it through abusers in malls, markets and a trying experience. Check on Mom if a kid's abused post offices. List their names in local 51 When welfare agencies identify newspapers. Take good notes, Officer Cops abused children, they should 43 should file a detailed report on look at the bigger picture: One research- Send out a warning Add to the 35 suspected abuse cases even if an er found that up to 45 percent of the warning labels already required arrest isn't made. This paper trail makes mothers of abused kids were battered. on beer cans and bottles: it easier to get a conviction later. "Alcohol is often a contributing factor in Rewrite the books Romance domestic violence." Stop focusing on "battered men" Demand speedier trials for batterers 44 Too many newspaper articles 52 authors should stop portraying jealousy as a sign of passion. If 36 give too much ink to this "seri- a man hangs around your workplace, lan- Studies have shown that women ous problem that is widely ignored." Get guishes on your doorstep, follows you to are especially vulnerable to a grip. the market, it's not love-it's stalking. retaliation during what is often a lengthy pretrial period. The National Council of Give 'em an abuse warning with their Implement the "three strikes" law Juvenile and Family Court Judges rec- 45 marriage license Issue domestic ommends that in domestic violence 53 Does it make sense to threaten violence education pamphlets criminals with lifetime imprison- cases, arraignment occur within a week with marriage licenses. No one should ment for three assaults on strangers, of arrest, and the trial take place four to marry without knowing that hitting a while men who have committed dozens, five weeks after that. spouse is a serious crime. even hundreds, Friends of the cour the S.A.F.E Spousal Abuse Friend & Educator Program 683-8511 of assaults on wives'or girlfriends have their cases dismissed? Take charge, Mom and Dad Parents 54 need to teach their children to fight verbally and fight fair, without resorting to physical violence. Studies show that many batterers don't know how to negotiate for what they want. That's why, strange as it may seem, many treatment programs give male batterers assertiveness training. Protect tenants Landlords need to 55 investigate frequent complaints about their tenants who fight- all that screaming may be more than a disagreement over who should do the dishes. Make child visitation safe Local 56 authorities should establish "safe houses" for supervised parental visits after divorce ends a violent relationship. Visitations that involve the mother can put her in acute danger. Help whoever needs it Agencies 57 that provide services to battered women should drop the low- income requirements that keep affluent women from getting help. Women who walk away from wealthy husbands usual- ly lose access to their assets. Don't blame Mom "Failure to pro- 58 tect" statutes-on the books in all 50 states-can hold a bat- tered mother criminally liable for failing to protect her children if she runs out of the house to save herself or even if she is taken to the hospital. It's absurd to pun- ish a woman for not protecting her kids when she can't protect herself. Do more than jail them Provide in- 59 prison counseling for convicted batterers. Prison outreach pro- grams like ManAlive in San Rafael, California, can help rehabilitate abusers, not just punish them. Recognize emotional abuse Black- 60 and-blue marks are easy to spot, but emotional abuse can leave deeper scars. Everyone-from doctors to journalists to police-needs to realize that the brutalities of domestic violence are psychological as well as physical. National Domestic Violence Virginia Child Abuse Hotline Hotline 1-800-333-SAFE 1-800-552-7096 Friends of I Horlor Juvervis can Inc. WHEN and HOW to intervene S.A.F.E The couple in the apartment next ing services (you can find these in the Spousal Abuse door shout their way through Yellow Pages under Social Services). 683-8911 argument after argument. You have a friend in an abusive If you sense that the situation is get- relationship. ting out of control, you can call and Break the secrecy. Tell her you say, "I thought I heard something know what is happening in her life, crash-just wanted to make sure every- and that no matter what she has thing is okay." This kind of interrup- done-whether she spent too much tion, says Esta Soler, executive director of the San Francisco- based Family Violence Preven- More than 4 million women are tion Fund, can temporarily battered every year, which lower the heat in a domestic flare-up by giving both partners means someone you know- a few seconds to step back and check their anger. maybe a friend or a cousin, Approach the woman when maybe a coworker or a she's alone. Let her know you're there to help if she needs neighbor-is involved in an it-to use the phone, to look abusive relationship. Of course, after her children, for a ride to the hospital. you want to help, but when? Set up an SOS system with And how? her: If she knocks on the wall three times, you'll call the police. money on groceries or had an affair- Through a window, you see your she does not deserve to be beaten. neighbor being struck by her Be supportive. Most battered women husband, or you hear a thump feel alone and embarrassed. Remind followed by screams. your friend that millions of other Don't hesitate: Call 911. In the heat women are abused, and volunteer to of the moment, it's not safe for anyone accompany her when she sees a lawyer but the police to intervene. When an or a counselor. abuser faces possible arrest-as Offer to keep a special safety box for opposed to a visit from a nosy neigh- her, suggests Donna Edwards, president bor-he's more likely to recognize the of the Washington, D C-based gravity of his actions. Coalition Against Domestic Violence. By calling the police, you help estab- It should contain extra house and car lish a paper trail, an important record keys, money, a change of clothes and of the situation. photocopies of her birth certificate, Your coworker is often badly passport, social security card, divorce bruised, unexpectedly absent and and custody papers or protection orders, unusually despondent, depressed and bank and credit card information. or nervous. Suggest that she secretly open her You shouldn't assume that everyone own savings account, and develop a with an occasional bruise is being bat- safety plan including several options of tered. But according to Mary Ann where she can go and whom she can Dutton, Ph.D., a George Washington call if and when she leaves. University clinical psychologist spe- Offer your home as a safe haven for cializing in domestic violence, it's still her if you're sure it wouldn't be dan- important to establish a link with gerous for both of you. You can also women who show signs of abuse. She give her the name of a willing friend in suggests "saying something nonthreat- another city or state. ening like 'Wow, you seem to bruise Remember that your role is to create easily.' Even if she's not ready to talk new choices and alternatives for your about it yet, you've opened the door friend, to provide information, to for another conversation." extend invitations. Never tell her that Continue to show your willingness to she is doing something wrong by stay- listen and help; acknowledge that it ing with her husband or boyfriend; she must be hard to ask for assistance. will feel even more ashamed, and you Offer her a list of telephone numbers will be yet another person trying to take for local shelters, hot lines and counsel- control of her life. -Christine Olson National Domestic Violence Virginia Child Abuse Hotline Hotline 1-800-333-SAFE 1-800-552-7096 CLIENT RESOURCES NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 RESOURCES Alcohol and Drug Abuse Alanon-Virginia Beach- (804) 499-1443 Alcoholics Anonymous- Montross- - (804) 244-1443 Matthews- - (804) 693-0850 Hague- - (804) 333-4468 Middlesex- (804) 776-6992 Gloucester- (804) 693-5838 Providence Forge- (804) 932-3818 Kilmarnock- (804) 435-1081 Tappahanock- (804) 443-3769 Virginia Beach- - (804) 490-3980 Warsaw- (804) 333-4468 Norfolk- (804) 461-8159 West Point- - (804) 966-5963 Hampton- (804) 244-8552 Newport News- (804) 245-4400 Adcare Hospital Helpline (24 hours)-(800) 252-6465 Alcohol and Drug Helpline (24 hours)-(800) 821-4357 CHILD ABUSE AND NEGLECT Child Abuse Hotline- (800) 552-7096 Child Support Enforcement in Virginia- (800) 468-8894 Missing Children- (800) 621-4000 Hampton Roads Committee For Prevention of Child Abuse- Norfolk- (804) 440-2749 CUSTODY Committee For Mother And Child Rights, Inc.- - (703) 722-3652 NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 HIV/AIDS Virginia AIDS Hotline- (800) 333-5052 Tidewater AIDS Crisis Taskforce (TACT)-Norfolk- (804) 626-0127 Peninsula AIDS Foundation-Newport News-(804) 591-0971 AIDS Clinical Trials Information Service- (800) 874-2572 CDC National AIDS Hotline (24 hours) - (800) 342-2437 Human Services Information Center of Hampton Roads- (804) 625-4543 American Red Cross-Regional Office- (804) 446-7700 Hope House Foundation-Norfolk-(804) 451-8115 Mecca Foundation-Portsmouth-(804) 393-1853 Inter Faith Service Council, Inc.-Weems-(804) 438-6456 United Way First Call-Williamsburg-(804) 229-2222 Ecumenical Outreach Ministries, Inc.-Williamsburg- (804) 253-0482 Food Bank-Peninsula- (804) 596-7188 SHARE-Norfolk- (804) 253-7842 Meals on Wheels-Williamsburg-(804) 229-9250 Yorktown Food Pantry- (804) 898-9057 MENTAL HEALTH Mental Health Crisis Line-Southside- (804) 423-4000 or (800) 327-5778 Mental Health Association In South Hampton Roads- Norfolk- (804) 627-2308 NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 Crisis Center-Portsmouth/Southside-(804) 399-6393- Newport News - (804) 594-3100 Respond Crisis Line-(800) 759-1001 Peninsula Family Services Hampton- (804) 838-1960 MILITARY Family Advocacy Programs Air Force- (804) 764-2427 Army- (804) 878-3989 Coast Guard-5th Dist. - (804) 398-6532 Marines- (804) 444-5490 Navy- Lafayette River Branch Medical Clinic- (804) -444-5490 NAB Little Creek- (804) 677-7031 NAS Oceana- (804) 677-7031 Social Work Department of Naval Hospital- Portsmouth- - (804) 398-5861 24 hours Hotline (804) 398-5008 Navy Family Service Centers NAS Oceana- (804) 433-2912 or 433-2055 NAB Little Creek- (804) 464-7563 Naval Base-Norfolk-(804) 444-2102 PREGNANCY Crisis Pregnancy Center-Virginia Beach- (804) 499-4444 Birth Right-Norfolk- (804) 489-0222 Abortion Information and Counseling Service of Virginia-Newport News-(804) 599-6389 American Rights Coalition- (800) 634-2224 Crisis Pregnancy Center of Tidewater-Virginia Beach- (804) 499-4444 or Suffolk- (804) 925-0843 Planned Parenthood-Southside-( (804) 826-2079 NORFOLK FAMILY VIOLENCE ALLIANCE P. O. BOX 809 NORFOLK VA 23501 804-683-8511 VIOLENCE AGAINST WOMEN Eastern Shore Coalition Against Domestic Violence- Onancock- (804) 787-1329 Response Sexual Assault Support Services- (804) 623-2115 Spousal Abuse Friend and Educator Program (SAFE) - Norfolk- (24 hours) - (804) 683-8511 Avalon-Williamsburg- (804) 258-5051 State Coalition For Domestic Violence- (800) 838-8238 Legal Aid Societies Chesapeake- - (804) 547-8603 Norfolk- - (804) 627-5423 Portsmouth- (804) 397-3463 Virginia Beach- - (804) 463-4590 Virginians Against Domestic Violence- (800) 838-8238 Shelters for Battered Women COPE-Gloucester-(804)542-2673 Virginia Peninsula Council on Domestic Violence- Hampton- (804) 723-7774 Help and Emergency Response (H.E.R.) - Portsmouth- (804) 393-9449 The Haven-Warsaw- (804) 333-5370 Samaritan House-Virginia Beach- (804) 430-2120 YWCA Women in Crisis-Norfolk-(804) 625-5570 PROGRAMS FOR ABUSIVE PARENTS Child Help USA-(800)422-4453 National Organization For Victim Assistance- kewin NJ Bill let in 3/18 Banett 2338 Riviera Dr. Vienna, VA 22181 March 4, 1996 Mr. William Barrett c/o Margaret A. Williams Chief of Staff Office of the First Lady Washington, DC Dear Mr. Barrett: I'm hosting a Gridiron evening on March 30 for the ''significant others'' of the Hearst Gridiron guests. While Maggie Williams is partying at the Gridiron, I hope you'll be able to join us. We will convene for dinner at Galileo's Restaurant, 1110 21st St. NW, at 5:45 p.m. that evening. This is a fun place to get everyone together and have an excellent supper. Then, we'll go on to the Arena Stage where we have great seats for the musical ''Candide'' at 8 p.m. Afterwards, we'll head back to the Capital Hilton to link up with the Gridiron group. I hope you'll join our group. It should be a fun evening! Please let me know (home 703-255-0918) or alert my husband Chuck Lewis at work 202-298-6920. Sincerely, Sarah Lewis Sarah W. Lewis 12 people Tickets to Cerdide - arener stage 4025 line to Hrtter He's lauger pecephing - 11:30 Heart keepy The Hearst Newspapens cordially invite you to a Reception immediately following The Gridinon Dinner Saturday, March 30, 1996 The Federal Room Frank A. Bennack, In. Charles J. Lewis Randolph A. Hearst President and CEO Marianne Means Chairman The Hearst Corporation Robert E. Thompson The Hearst Corporation Members of the Gridinan Club Robert J. Dangig Joseph Kingsbury-Smith V.P.-General Manager Vice- - President The Hearst Newspapens The Hearst Cerporation Spouses invited at 10 p.m. Janel Reception after Peggy Indian Denne pal. mar 30 Lewis 2338 Riviera Dr. Vienna, VA 22181 Margaret A. Williams Chief of Staff Office of the First Lady The White llouse PERSONAL 100 Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 003. memo To Interested Parties from Lottie Scackelford re: Women's Activities 03/22/96 Personal Misfile for Convention '96 (1 page) COLLECTION: Clinton Presidential Records First Lady's Office Maggie Williams (Subject Files) OA/Box Number: 12632 FOLDER TITLE: Maggie Williams Miscellaneous II [2] 2013-0359-S ry1496 RESTRICTION CODES Presidential Records Act - 144 U.S.C. 2204(a)] Freedom of Information Act - |5 U.S.C. 552(b)] PI National Security Classified Information [(a)(1) of the PRA b(1) National security classified information [(b)(1) of the FOIA| P2 Relating to the appointment to Federal office |(a)(2) of the PRA b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. - THE WHITE HOUSE inaggie- - here is Mary's a d duss: 1513 Caroline WW. Washington 20009 your, Pam FILE No. 546 03/18 '96 08:36 ID:NEA GUV' I RELATIONS 202 822 7741 PAGE 1 nea NATIONAL EDUCATION ASSOCIATION Keith Getger, Presudent 1201 16th Street, N.W. Robert Chase, Voi Presulent Washington. D.C. 20036 3290 Marilyn Monahan, Secretary- Embano (202) 822-7300 tax (202) 822-7741 Don Cameron, Eventive Director GOVERNMENT RELATIONS Mary Elizabeth Feasley, Docetor March 18, 1996 Facsimile TO: Maggie Williams Office of the First Lady nick call Thank SMM we The White House FAX 456-6244 FROM: Mickey Ibarra and National Education Association deliver 202/822-7348 FAX 202/822-7741 I # Pages 3 (including this page) COMMENTS: Maggie, A recommendation for nomination will be made soon on this position. We would appreciate your help to ensure that NEA views are considered seriously. Please take a look at the attached letter. Thanks. Mickey Ibarra If you did not receive all pages, please call the sender as soon as possible. If this facsimile was sent to the wrong number, we would appreciate a call so wercan send the fax to the correct number. Invitation to Marvin Krisbu's farewell party Wed. 3/27 4:30-6 Indian Treaty Room - THE WHITE HOUSE WASHINGTON PLEASE JOIN THE WHITE HOUSE COUNSEL'S OFFICE ATA IN A CELEBRATION FOR MARVIN KRISLOV TO BID MARVIN FAREWELL AND TO WISH MARVIN SUCCESS IN HIS NEW POSITION AS DEPUTY SOLICITOR, DEPARTMENT OF LABOR DATE: WEDNESDAY, MARCH 27, 1996 TIME: 4:30 - 6:00 pm PLACE: INDIAN TREATY ROOM FOURTH FLOOR OLD EXECUTIVE OFFICE BUILDING Maggie- - HRC will be out of Town. would she want to do anything for ? Pan J I Find Lady S/O offing of they Finst Lay W W i Alfred P. Sloan, Jr. Prize Charles F. Kettering Prize Charles S. Mott Prize ALFRED BLOAKER Reggy CHARLAND GENERAL MOTORS CANCER RESEARCH FOUNDATION CHARLES MOIT April 1, 1996 BOARD OF TRUSTEES The Honorable John F. Smith, Jr. Chairman Margaret A. Williams Joseph G. Fortner, M.D. Assistant to the President No President and Chief of Staff to the First Lady William O. Baker, Ph.D. The White House Jonathan E. Rhoads, M.D. Phillip A. Sharp, Ph.D. 1600 Pennsylvania Avenue, N.W. Roger B. Smith Washington, D.C. 20500 Dear Ms. Williams: Please mark your calendar for the Eighteenth Annual General Motors Cancer Research Foundation Awards in Washington, D.C., on Thursday, June 20, 1996. The awards ceremony will begin at 6:00 p.m. at the Folger Shakespeare Library, 201 East Capitol Street, S.E., followed by a reception and dinner. In conjunction with the awards ceremony and dinner, a scientific conference will be held at NIH on Wednesday, June 19, and Thursday, June 20, where the world's foremost specialists in breast and prostate cancer will report on their latest findings. Established in 1978, the General Motors Cancer Research Foundation presents three awards annually to basic and clinical scientists throughout the world. Selected by their peers for demonstrated achievements in research directed at the discovery of the cause, prevention and treatment of cancer, each recipient is awarded a gold medal and a $100,000 prize. Since their inception, the General Motors Cancer Research Foundation Awards have been presented to 64 of the world's preeminent cancer scientists from ten different nations, many of whom are responsible for numerous breakthroughs in the treatment of this dreadful disease. A formal invitation will follow. In the meantime, we hope you will plan to join us for this prestigious evening to honor our distinguished recipients and their peers. If you have any questions, please contact Laura Babcock at 202/636-8745. Sincerely, Jack Smith John F. Smith, Jr. c/o 111 Quincy Place, N.E. Washington, D.C. 20002 202/636-8740 The Honorable 3 Margaret A. Williams Assistant to the President and Chief of Staff to the First Lady The White House 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20500 GENERAL MOTORS CANCER RESEARCH FOUNDATION c/o 111 Quincy Place, N.E., Washington, D.C. 20002 PHOTOCOPY PRESERVATION Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 004. letter To Maggie Williams from Donald L. Fowler re: Democratic Party (3 04/09/96 Personal Misfile pages) COLLECTION: Clinton Presidential Records First Lady's Office Maggie Williams (Subject Files) OA/Box Number: 12632 FOLDER TITLE: Maggie Williams Miscellaneous II [2] 2013-0359-S ry1496 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRAJ b(1) National security classified information |(b)(1) of the FOIA| P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA| an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions ((b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. Angela Perez-Priego Post Office Box 23 Intercession City, Florida 33848 24 July 1996 CHIEF OF STAFF MARGARET A. WILLIAMS TO THE FIRST LADY HILLARY RODHAM CLINTON 1600 Pennsylvania Ave NW Washington, DC 20500 Dear Ms. Williams: PLEASE, ACCEPT MY THANKS FOR YOUR REPLY OF JUNE 24, 1996, copy of which is enclosed. Would it be possible to obtain from your office the NAME AND ADDRESS OF THE PERSON IN THE AGENCY LIASON whom I may contact. I have not received any answer from this Agency. Thank you, Buyth Pifty Enclosure Asking for or contact person in the afficial agny liason THE WHITE HOUSE WASHINGTON June 24, 1996 Angela Perez-Priego P.O. Box 23 Intercession city, Florida 33848 Dear Ms. Perez-Priego: I received your letter of June 10 requesting assistance regarding your case against Carribean Isle Apartments. I appreciate your concern regarding this matter. I have referred your letter to the office of Agency Liason. of to the First Lady Angela Perez-Priego Post Office Box 23 Intercession City, Florida 33848 10 June 1996 CHIEF OF STAFF MARGARET A. WILLIAMS TO THE FIRST LADY HILLARY RODHAM CLINTON 1600 Pennsylvania Ave NW Washington, DC 20500 Dear Ms. Williams: Governor Lawton Chiles does not reply to my correspondence. Would you please give your attention to the enclosures. I certainly would appreciate it. Sincerely, any h Ring Enclosures USA Angela Perez-Priego 1 PO Box 23 Intercession City, ANDO PM FT 32 Florida 33848 25 JUL /995 I CHIEF OF STAFF MARGARET A. WILLIAMS TO THE FIRST LADY HILLARY RODHAM CLINTON 1600 Pennsylvania Ave NW Washington, DC 20500 20000-0006 01 THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. 2 The month of October has been designated as National Arts and Humanities Month. I urge all Americans to join me in recognizing the special role the arts and humanities play in fortifying our unique heritage. National Arts and Humanities Month is a time when we recognize the contributions of artists, scholars, museums, theaters, libraries, schools, foundations, government agencies, and other organizations and individuals who work to keep the arts and humanities a vital part of our lives. Throughout the month of October, let us reflect on the breadth of artistic and humanistic endeavors that blossom freely across our nation, and let us rejoice in the eloquence and meaning they give to our ideas, hopes, and dreams as American citizens. On this occasion, I voice my deep respect and pledge my continuing support for the arts and humanities as essential ingredients of our American way of life. I look forward to celebrating National Arts and Humanities Month this October at the White House and with you in your communities throughout the United States. Buie Cunton THE WHITE HOUSE WASHINGTON August 27, 1993 Dear Friend: Enclosed is a proclamation recently issued by President Clinton in which he expresses strong support for the observance of National Arts and Humanities Month in October. The President underscores how fundamental the arts and humanities are to the American tradition. I hope you find it a compelling affirmation of commitment to the promotion of cultural endeavors in this country. sincerely yours. Sincerely yours, Melanne Verveer Deputy Assistant to the President and Deputy Chief of Staff to the First Lady THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. THE WHITE HOUSE WASHINGTON National Arts and Humanities Month October 1993 The moral strength of our great nation is rooted in our rich cultural traditions and in a profound appreciation for the diversity of the people, values, and beliefs that make us Americans. For more than 200 years, the quality of our civic life has flowed not only from our industrial, agricultural, and technological ingenuity, but also from the creative vision of our artists and the wisdom of our humanists. Through the arts and humanities we gain a deeper understanding of ourselves as individuals and as a society. The arts and humanities remind us that whatever our differences, we share a common heritage that binds us together as a nation. Music, painting, sculpture, architecture, dance, theater, film, and the folk arts all awaken our minds and our senses. They allow us to express our emotions, impressions, and attitudes about the human condition and the human experience. History, literature, and philosophy allow us to explore and understand ourselves and others through collective reflection and learning. The arts and humanities enable Americans from every walk of life to respond to both their individuality and their shared experiences in ways that make the human spirit soar. We are a nation called to artistic and intellectual responsibility at a critical time in the history of the world. Our major authors are read in every language, our films are shown in every capital, and our music never lacks listeners. Our traditions of free inquiry and expression help to shape political attitudes and cultural values around the globe. As we become an increasingly diverse society, the arts and humanities will help us deepen our understanding of one another, honor our differences, and celebrate our shared experiences and values as Americans. Vaclav Havel: Harvard University ...nce.edu/"csc_tomekj/havel/Harvard.html. Address by Vaclav Havel, President of the Czech Republic Harvard University Cambridge, Massachusetts, USA June 8, 1995, 9.30 p.m. Mr. President, Mr. VicePresident, Ladies and gentlemen, One evening not long ago I was sitting in an outdoor restaurant by the water. My chair was almost identical to the chairs they have in restaurants by the Vltava River in Prague. They were playing the same rock music they play in most Czech restaurants. I saw advertisements I'm familiar with back home. Above all, I was surrounded by young people who were similarly dressed, who drank familiarlooking drinks, and who behaved as casually as their contemporaries in Prague. Only their complexion and their facial features were different A for I was in Singapore. I sat there thinking about this and again - for the umpteenth time A I realized an almost banal truth: that we row live in a single global civilization. The identity of this civilization does not lie merely in similar forms of dress, or similar drinks, or in the constant buzz of the same commercial music all around the world, or even in international advertising. It lies in something deeper: thanks to the modern idea of constant progress, with its inherent expansionism, and to the rapid evolution of science that comes directly from it, our planet has, for the first time in the long history of the human race, been covered in the space of a very few decades by a single civilization A one that is essentially technological. The world is now enmeshed in webs of telecommunication networks consisting of millions of tiny threads or capillaries that not only transmit information of all kinds at lightning speed, but also convey integrated models of social, political and economic behaviour. They are conduits for legal norms, as well as for billions and billions of dollars crisscrossing the world while remaining invisible even to those who deal directly with them. The life of the human race is completely interconnected not only in the informational sense, but in the causal sense as well. Anecdotically, I could illustrate this by reminding you A since I've already mentioned Singapore A that today all it takes is a single shady transaction initiated by a single devious bank clerk in Singapore to bring down a bank on the other side of the world. Thanks to the accomplishments of this civilization, practically all of us know what cheques, bonds, bills of exchange, and stocks are. We are familiar with CNN and Chernobyl, and we know who the Rolling Stones, or Nelson Mandela, or Salman Rushdie are. More than that, the capillaries that have so radically integrated this civilization also convey information about certain modes of human co-existence that have proven their worth, like democracy, respect for human rights, the rule of law, the laws of the marketplace. Such infor nation flows around the world and, in varying degrees, takes root in different places. In modern times this global civilization emerged in the territory occupied by European and ultimately by EureAmerican culture. Historically, it evolved from a combination of traditions Å classical, Judaic and Christian. In theory, at least, it gives people not only the capacity for worldwide communication, but also a coordinated means of defending themselves against many common dangers. It can also, in an unprecedented way, make our life on this earth easier and open up to us hitherto unexplored horizons in our knowledge of ourselves and the world we live in. And yet there is something not quite right about it. Allow me to use this ceremonial gathering for a brief meditation on a subject which I have dwelt upon a great deal, and which I often bring up on occasions resembling this one. I want to focus today on the source of the dangers that threaten humanity in spite of this global civilization, and often directly because of it. Above all, I would like to speak about the ways in which these dangers can be confronted. Many of the great problems we face today, as far as I understand them, have their origin in the fact that this global civilization, though in evidence everywhere, is no more than a thin veneer over the sum total of human awareness, if I may put it that way. This civilization is immensely fresh, young, new, and fragile, and the human spirit has accepted it with dizzying alacrity, without itself changing in any essential way. Humanity has evolved over long millennia in all manner of civilizations and cultures that gradually, and in very diverse ways, shaped our habits of mind, our relationship to the world, our models of behaviour and the values we accept and recognize. In essence, this new, single epidermis of would civilization 1 of 7 06/26/96 17:44:12 Vaclav Havel: Harvard University .nce.edu/"csc_tomekj/havel/Harvard.html merely covers or conceals the immense variety of cultures, of peoples, of religious worlds, of historical traditions and historically formed attitudes, all of which in a sense lie "beneath" it. At the same time, even as the veneer of world civilization expands, this "underside" of humanity, this hidden dimension of it, demands more and more clearly to be heard and to be granted a right to life. And thus, while the world as a whole increasingly accepts the new habits of global civilization, another contradictory process is taking place: ancient traditions are reviving, different religions and cultures are awakening to new ways of being, seeking new room to exist, and struggling with growing fervour to realize what is unique to them and what makes them different from others. Ultimately they seek to give their individuality a political expression. It is often said that in our time, every valley cries out for its own independence or will even fight for it. Many nations, or parts of them at least, are struggling against modern civilization or its main proponents for the right to worship their ancient gods and obey the ancient divine injunctions. They carry on their struggle using weapons provided by the very civilization they oppose. They employ radar, computers, lasers, nerve gases, and perhaps, in the future, even nuclear weapons A all products of the world they challenge A to help defend their ancient heritage against the erosiors of modern civilization. In contrast with these technological inventions, other products of this civilization A like democracy or the idea of human rights A are not accepted in many places in the world because they are deemed to be hostile to local traditions. In other words: the EuroAmerican world has equipped other parts of the globe with instruments that not only could effectively destroy the enlightened values which, among other things, made possible the invention of precisely these instruments, but which could well cripple the capacity of people to live together on this earth. What follows from all of this? It is my belief that this state of affairs contains a clear challenge not only to the Euro-American world but to our present-day civilization as a whole. It is a challenge to this civilization to start understanding itself as a multicultural and 1 multipolar civilization, whose meaning lies not in undermining the individuality of different spheres of culture and civilization but in allowing them to be more completely themselves. This will only be possible, even conceivable, if we all accept a basic code of mutual coexistence, a kind of common minimum we can all share, one that will enable us to go on living side by side. Yet such a code won't stand a chance if it is merely the product of a few who then proceed to force it on the rest. It must be an expression of the authentic will of everyone, growing out of the genuine spiritual roots hidden beneath the skin of our common, global civilization. If it is merely disseminated through the capillaries of this skin, the way Cocacola ads are A as a commodity offered by some to others A such a code can hardly be expected to take hold in any profound or universal way. But is humanity capable of such an undertaking? Is it not a hopelessly utopian idea? Haven't we so lost control of our destiny that we are condemned to gradual extinction in ever harsher hightech clashes between cultures, because of our fatal inability to cooperate in the face of impending catastrophes, be they ecological, social, or demographic, or of cangers generated by the state of our civilization as such? I don't know. But I have not lost hope. I have not lost hope because I am persuaded again and again that, lying dormant in the deepest roots of most, if not all, cultures there is an essential similarity, something that could be made À if the will to do so existed Ä a genuinely unifying starting point for that new code of human coexistence that would be firmly anchored in the great diversity of human traditions. Don't we find somewhere in the foundations of most religions and cultures, though they may take a thousand and one distinct forms, common elements such as respect for what transcends us, whether we mean the mystery of Being, or a moral order that stands above us; certain imperatives that come to us from heaven, or from nature, or from our own hearts; a belief that our deeds will live after us; respect for our neighbours, for our families, for certain natural authorities; respect for human dignity and for nature: a sense of solidarity and benevolence towards guests who come with good inter tions? Isn't the common, ancient origin or human roots of our diverse spiritualities, each of which is merely another kind of human understanding of the same reality, the thing that can genuinely bring people of different cultures toget'her? 2 of 7 06/26/96 17:45:38 Vaclav Havel: Harvard University .nce.edu/"csc_tome<j/havel/H vard.html And aren't the basic commandments of this archetypal spirituality in harmony with what even an unreligious person A without knowing exactly why A may consider proper and meaningful? Naturally, I am not suggesting that modern people be compelled to worship ancient deities and accept rituals they have long since abandoned. I am suggesting something quite different: we must come to understand the deep mutual connection or kinship between the various forms of our spirituality. We must recollect our original spiritual and moral substance, which grew out of the same essential experience of humanity. I believe that this is the only way to achieve a genuine renewal of our sense of responsibility for ourselves and for the world. And at the same time, it is the only way to achieve a deeper understanding among cultures that will enable them to work together in a truly ecumenical way to create a new order for the world. The veneer of global civilization that envelops the modern world and the consciousness of humanity, as we all know, has a dual nature, bringing into question, at every step of the way, the very values it is based upon, or which it propagates. The thousands of marvelous achievements of this civilization that work for us so well and enrich us can equally im poverish, diminish, and destroy our lives, and frequently do. Instead of serving people, many of these creations enslave them. Instead of helping people to develop their identities, they take them away. Almost every invention or discovery - from the splitting of the atom and the discovery of DNA to television and the computer - can be turned against us and used to oi I detriment. How much easier it is today than it was during the First World War to destroy an entire metropolis in a single airraid. And how much easier would it be today, in the era of television, for a madman like Hitler or Stalin to pervert the spirit of a whole nation. When have people ever had the power we now possess to alter the climate of the planet or deplete its mineral resources or the wealth of its fauna and flora in the space of a few short decades? And how much more destructive potential do terrorists have at their disposal today than at the beginning of this century. In our era, it would seem that one part of the human brain, the rational part which has made all these morally neutral discoveries, has undergone exceptional development, while the other part, which should be alert to ensure that these discoveries really serve humanity and will not destroy it, has lagged behind catastrophically. Yes, regardless of where I begin my thinking about the problems facing our civilization, I always return to the theme of human responsibility, which seems incapable of keeping pace with civilization and preventing it from turning against the human race. It's as though the world has simply become too much for us to deal with. There is no way back. Only a dreamer can believe that the solution lies in curtailing the progress of civilization in some way or other. The main task in the coming era is something else: a radical renewal of our sense of responsibility. Our conscience must catch up to our reason, otherwise we are lost. It is my profound belief that there is only one way to achieve this: we must divest ourselves of our egoistical anthropocentrism, our habit of seeing ourselves as masters of the universe who can do whatever occurs to us. We must discover a new respect for what transcends us: for the universe, for the earth, for nature, for life, and for reality. Our respect for other people, for other nations, and for other cultures, can only grow from a humble respect for the cosmic order and from an awareness that we are a part of it, that we share in it and that nothing of what we do is lost, but rather becomes part of the eternal memory of Being, where it is judged. A better alternative for the future of humanity, therefore, clearly lies in imbuing our civilization with a spiritual dimension. It's not just a matter of understanding its multicultural nature and finding inspiration for the creation of a new world order in the common roots of all cultures. It is also essential that the EuroAmerican cultural sphere the one which created this civilization and taught humanity its destructive pride - now return to its own spiritual roots and become an example to the rest of the world in the search for a new humility. General observations of this type are certainly not difficult to make, nor are they new or revolutionary. Modern people are masters at describing the crises and the misery of the world which we shape, and for which we are responsible. We are much less adept at putting things right. So what specifically is to be done? I do not believe in some universal key or panacea. I am not an advocate of what Karl Popper called "holistic social 3 of 7 06/26/96 17:45:40 Vaclav Havel: Harvard Univ sity ...nce.edu/"csc_tomekj/havel/Harvard.htmdl engineering", particularly because I had to live most of my adult life in circumstances that resulted from an attempt to create a holistic Marxist utopia. I know more than enough, therefore, about efforts of this kind. This does not relieve me, however, of the responsibility to think of ways to make the world better. It will certainly not be easy to awaken in people a new sense of responsibility for the world, an ability to conduct themselves as if they were to live on this earth forever, and to be held answerable for its condition one day. Who knows how many horrific cataclysms humanity may have to go through before such a sense of responsibility is generally accepted. But this does not mean that those who wish to work for it cannot begin at once. It is a great task for teachers, educators, intellectuals, the clergy, artists, entrepreneurs, journalists, people active in all forms of public life. Above all it is a task for politicians. Even in the most democratic of conditions, politicians have immense influence, perhaps more than they themselves realize. This influence does not lie in their actual mandates, which in any case are considerably limited. It lies in something else: in the spontaneous impact their charisma has on the public. The main task of the present generation of politicians is not, I think, to ingratiate themselves with the public through the decisions they take or their smiles on television. It is not to go on winning elections and ensuring themselves at place in the sun till the end of their days. Their role is something quite different: to assume their share of responsibility for the longrange prospects of our world and thus to set an example for the public in whose sight they work. Their responsibility is to think ahead boldly, not to fear the disfavour of the crowd, to imbue their actions with a spiritual dimension (which of course is not the same thing as ostentatious attendance at religious services), to explain again and again - both to the public and to their colleagues A that politics must do far more than reflect the interests of particular groups or lobbies. After all, politics is a matter of serving the community, which means that it is morality in practice. And how better to serve the community and practise morality than by seeking in the midst of the global (and globally threatened) civilization their own global political responsibility: that is, their responsibility for the very survival of the human race? I don't believe that a politician who sets out on this risky path will inevitably jeopardize his or her political survival. This is a wrongheaded notion which assumes that the citizen is a fool and that political success depends on playing to this folly. That is not the way it is. A conscience slumbers in every human being, something divine. And that is what we have to put our trust in. Ladies and gentlemen, I find myself at perhaps the most famous university in the most powerful country in the world. With your perraission, I will say a few words on the subject of the politics of a great power. It is obvious that those who have the greatest power and influence also bear the greatest responsibility. Like it or not, the United States of America now bears probably the greatest responsibility for the direction our world will take. The United States, therefore, should reflect most deeply on this responsibility. Isolationism has never paid off for the United States. Had it entered the First World War earlier, perhaps it would not have had to pay with anything like the casualties it actually incurred. The same is true of the Second World War: when Hitler was getting ready to invade Czechoslovakia, and in S4) doing finally expose the lack of courage on the part of the western democracies, your President wrote a letter to the Czechos lovak President imploring him to come to some agreement with Hitler. Had he not deceived himself and the whole world into believing that an agreement could be made with this madman, had he instead shown a few teeth, perhaps the Second World War need not have happened, and tens of thousands of young Americans need not have died fighting in it. Likewise, just before the end of that war, had your President, who was otherwise an outstanding man, said a ear "no" to Stalin's decision to divide the world, perhaps the Cold War, which cost the United States hundreds of billions of dollars, need not have happened either. I beg you: do not repeat these mistakes! You yourselves have always paid a heavy price for them! There is simply no escaping the responsibility you have as the most powerful country in the world. There is far more at stake here than simply standing up to those who would like once again to divide the worl into spheres 4 of 7 06/26/96 17:45:43 Vaclav Havel: Harvard University ..nce.edu/"csc_tomexj/hav /Harvard.html of interest, or subjugate others who are different from them, and weaker. What is now at stake is saving the human race. In other words, it's a question of what I've already talked about: of understanding modern civilization as a multicultural and multipolar civilization, of turning our attention to the original spiritual sources of human culture and above all, of our own culture, of drawing from these sources the strength for a courageous and magnanimous creation of a new order for the world. Not long ago I was at a gala dinner to mark an important anniversary. There were fifty Heads of State present, perhaps more, who came to honour the heroes and victims of the greatest war in human history. This was not a political conference, but the kind of social event that is meant principally to show hospitality and respect to the invited guests. When the seating plan was given out, I discovered to my surprise that those sitting at the table next to mine were not identified simply as representatives of a particular state, as was the case with all the other tables; they were referred to as "permanent members of the UN Security Council and the G7." I had mixed feelings about this. On the one hand, I thought how maivelous that the richest and most powerful of this world see each other often and even at this dinner, can talk informally and get to know each other better. On the other hand, a slight chill went down my spine, for I could not help observing that one table had been singled out as being special and particularly important. It was a table for the big powers. Somewhat perversely, I began to imagine that the people sitting at it were, along with their Russian caviar, dividing the rest of us up among themselves, without asking our opinion. Perhaps all this is merely the whimsy of a former and perhaps future playwright. But I wanted to express it here. For one simple reason: to emphasize the terrible gap that exists between the responsibility cf the great powers and their hubris. The architect of that seating arrangement A I should think it was none of the attending Presidents A was not guided by a sense of responsibility for the world, but by the banal pride of the powerful. But pride is precisely what will lead the world to hell. I am suggesting an alternative: humbly accepting our responsibility for the world. There is one great opportunity in the matter of coexistence between nations and spheres of civilization, culture and religion that should be grasped and exploited to the limit. This is the appearance of supranational or regional communities. By now, there are many such communities in the world, with diverse characteristics and differing degrees of integration. I believe in this approach. I believe in the importance of organisms that lie somewhere between nation states and a world community, organisms that can be an important medium of global communication and cooperation. I believe that this tren.1 towards integration in a world where A as I've said A every valley longs for independence, must be given the greatest possible support. These organisms, however, must not be an expression of integration merely for the sake of integration. They must be one of the many instruments enabling each region, each nation, to be both itself and capable of cooperation with others. That is, they must be one of the instruments enabling countries and peoples who are close to each other geographically, ethnically, culturally and economically and who have common security interests, to form associations and better communicate with each other and with the rest of the world. At the same time, all such regional communities must rid themselves of fear that other like communities are directed against them. Regional groupings in areas that have common traditions and a common political culture ought to be a natural part of the complex political architecture of the world. Cooperation between such regions ought to be a natural component of cooperation on a worldwide scale. As long as the broadening of NATO membership to include countries who feel culturally and politically a part of the region the Alliance was created to defend is seen by Russia, for example, as an anti-Russian undertaking, it will be a sign that Russia has not yet understood the challenge of this era. The most important world organization is the United Nations. I think that the fiftieth anniversary of its birth could be an occasion to reflect on how to infuse it with a new ethos, a new strength, and a new meaning, and make it the truly most important arena of good cooperation among all cultures that make up our planetary civilization. But neither the strengthening of regional structures nor the strengthening of the UN will save the world if both processes are not informed by that renewed spiritual charge which I see as the only hope that the human race will survive another millennium. I have touched on what I think politicians should do. There is, however, one more force that has at least as much, if not more, influence on the general state of min 1 as politicians do. That force is the mass media. 5 of 7 06/26/96 17:45:45 Vaclav Havel: Harvard University ..nce.edu/"csc_tomekj/havel/Harvard.hl Only when fate sent me into the realm of high politics did I become fully aware of the media's doubleedged wer. Their dual impact is not a specialty of the media. It is merely a part, or an expression of the dual nature of today's civilization of which I have already spoken. Thanks to television the whole world discovered, in the course of an evening, that there is a country called Rwanda where people are suffering beyond belief. Thanks to television it is possible to do at least a little to help those who are suffering. Thanks to television the whole world, in the course of a few seconds, was shocked and horrified about what happened in Oklahoma City and, at the same time, understood it as a great warning for all. Thanks to television the whole world knows that there exists an internationally recognized country called Bosnia and Herzegovina and that from the moment it recognized this country, the international community has tried unsuccessfully to divide it into grotesque ministates according to the wishes of warlords who have never been recognized by anyone as anyone's legitimate representatives. That is the wonderful side of today's mass media, or rather, of those who gather the news. Humanity's thanks belong to all those courageous reporters who voluntarily risk their lives wherever something evil is happening, in order to arouse the conscience of the world. There is, however, another, less wonderful, aspect of television, one that merely revels in the horrors of the world or, unforgivably, makes them commonplace, or compels politicians to become first of all television stars. But whe is it written that someone who is good on television is necessarily also a good politician? I never fail to be astonished at how much I am at the mercy of television directors and editors, at how my public image depends far more on them than it does on myself, at how important it is to smile appropriately on television, or choose the right tie, at how television forces me to express my thoughts as sparely as possible, in witticisms, slogans or sound bites, at how easily my television image can be made to seem different from the real me. I am astonished by this and at the same time, I fear it serves no good purpose. I know politicians who have learned to see themselves only as the television camera does. Television has thus expropriated their personalities, and made them into something like television shadows of their former selves. I sometimes wonder whether they even sleep in a way that will look good on television. I am not outraged with television or the press for distorting what I say, or ignoring it, or editing me to appear like some strange monster. I am not angry with the media when I see that a politician's rise or fall often depends more on them than on the politician concerned. What interests me is something else: the responsibility of those who have the mass media in their hands. They too bear responsibility for the world, and for the future of humanity. Just as the splitting of the atom can immensely enrich humanity in a thousand and one ways and, at the same time, can also threaten it with destruction, so television can have both good and evil consequences. Quickly, suggestively, and to an unprecedented degree, it can disseminate the spirit of understanding, humanity, human solidarity and spirituality, or it can stupefy whole nations and continents. And just as our use of atomic energy depends solely on our sense of responsibility, so the proper use of television's power to enter practically every household and every human mind depends on our sense of responsibility as well. Whether our world is to be saved from everything that threatens it today depends above all on whether human beings come to their senses, whether they understand the degree of their responsibility and discover a new relationship to the very miracle of Being. The world is in the hands of us all. And yet some have a greater influence on its fate than others. The more influence a person has A be they politician or television announcer À the greater the demands placed or their sense of responsibility and the less they should think merely about personal interests. Ladies and gentlemen, In conclusion allow me a brief personal remark. I was born in Prague and I lived there for decades without be ng allowed to study properly or visit other countries. Nevertheless, my mother never abandoned one of her secret and quite extravagant dreams: that one day I would study at Harvard. Fate did not permit me to fulfil her dream. But something else happened, something that would never have occurred even to my mother: I have received a doctoral degree at Harvard without even having to study here. More than that, I have been given to see Singapore, and countless other exotic places. I have been given to un derstand how small this world is and how it torments itself with countless things it need not torment itself with if people could find within themselves a little more courage, a little more hope, a little more responsibility, a little more mutual understar ding and love. I don't know whether my mother is looking down at me from heaven, but if she is I can guess what she's probably thinking: she's thinking that I'm sticking my nose into matters that only people who have properly studied political science at Harvard 6 of 7 06/26/96 17:45:48 Vaclav Havel: Harvard University ...nce.edu/"csc_tomexj/havel/Harvard.html have the right to stick their noses into. I hope that you don't think so. Thank you for your attention. 7 of 7 06/26/96 17:45:50