WSCADV: GUIDE FOR JOURNALISTS AND OTHER MEDIA PROFESSIONALS 2008 REVISED

Washington State Coalition

WSCADV

Against Domestic Violence

GUIDE FOR JOURNALISTS AND OTHER MEDIA PROFESSIONALS 2008 REVISED

    Entire Report available for download here WA-CADV_Media_Guide_2008.PDF

Excerpt: pages 7-12 

A significant number of domestic violence homicides occur after or as the victim is attempting to end the relationship. In at least 47% of the homicides committed by a domestic violence abuser in Washington state, the victim had left, divorced, or separated from the abuser, or was attempting to leave or break up with the abuser at the time of the murder. In a Florida study, 60% of the women killed were separated or in the process of leaving.

Source: If I Had One More Day: Findings and Recommendations from the Washington State Domestic
Violence Fatality Review, Kelly Starr and Jake Fawcett for the Washington State Coalition Against Domestic
Violence, 2006, and Neil Websdale, Understanding Domestic Homicide, Northeastern University Press,
1999.

The U.S. Department of Justice reported that 37% of all women who sought care in hospital emergency rooms for violence-related injuries were injured by a current or former spouse, boyfriend or girlfriend.

Source: Michael Rand, Violence-related Injuries Treated in Hospital Emergency Departments, U.S. Department of Justice, Bureau of Justice Statistics, August 1997.

Fifty percent of men who frequently assault their wives also frequently assault their children, and the U.S. Advisory Board on Child Abuse and Neglect suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country.

Source: Murray Straus and Richard Gelles, Physical Violence in American Families: Risk Factors and Adaptations to Violence in 8,145 Families, Transaction Publishers, 1990, and U.S. Advisory Board on Child Abuse and Neglect, A Nation’s Shame: Fatal Child Abuse and Neglect in the United States, Fifth report, U.S. Department of Health and Human Services, 1995.

Research indicates that a lack of financial resources is one of the most commonly
given reasons domestic violence victims stay with or return to an abusive partner.

Source: Martha Davis, “The Economics of Abuse: How Violence Perpetuates Women’s Poverty,” in Ruth
Brandwein, ed., Battered Women, Children, and Welfare Reform: The Ties that Bind, Sage Publications,
1999, and Eleanor Lyon, Poverty, Welfare and Battered Women: What Does the Research Tell Us?” Welfare
and Domestic Violence Technical Assistance Initiative, National Resource Center on Domestic Violence,
1997.

The Washington State Coalition Against Domestic Violence can provide local, state and national statistics
on domestic violence. Interviews with Coalition staff can assist journalists in accurately reflecting the
context of domestic violence crimes, local resources available for victims and abusers, and the opinions of
experts in the field. Please contact Kelly Starr, Communications Coordinator, at 206-389-2515 ext. 210 or
kelly@wscadv.org.

8 Covering Domestic Violence: A Guide for Journalists and Other Media Professionals

Washington State Coalition Against Domestic Violence

WASHINGTON’S DOMESTIC VIOLENCE LAWS: OVERVIEW

In 1979, the state legislature passed Washington’s “official response” to domestic

violence, RCW 10.99.010, recognizing that domestic violence is a serious crime against society and seeking the maximum protection from abuse for victims of domestic violence. The law states in part:

[E]xisting criminal statutes are adequate to provide protection for victims of domestic violence. However, previous societal attitudes have been reflected in policies and practices of law enforcement agencies and prosecutors which have resulted in differing treatment of crimes occurring between cohabitants and of the same crimes occurring between strangers…It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated.

Who is Protected?

Under Washington’s domestic violence laws, domestic violence is a crime committed by
one family or household member by another family or household member [RCW

26.50.010(1)]. Under the law, a family or household member includes:

· Spouses;

· Former spouses;

· Persons who have a child in common regardless of whether they have been
married or have lived together at any time;

· Adult persons related by blood or marriage;

· Adult persons who are presently residing together or who have resided together in
the past;

· Persons sixteen years of age or older who are presently residing together or who
have resided together in the past and who have or have had a dating relationship;
· Persons sixteen years of age or older with whom a person sixteen years of age or

older has or has had a dating relationship and;

· Persons who have a biological or legal parent-child relationship, including
stepparents and stepchildren and grandparents and grandchildren.

Note: “Dating relationship” is defined as “a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) the length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.” [RCW 26.50.010(3)]

Covering Domestic Violence: A Guide for Journalists and Other Media Professionals 9

Washington State Coalition Against Domestic Violence

What is Covered?

Under Washington’s domestic violence laws [RCW 10.99.020(3)], “domestic violence” includes, but is not limited to:

· Assault (RCW 9A.36.011, 9A.36.021, 9A.36.031, 9A.36.041); · Burglary (RCW 9A.52.020, 9A.52.030, 9A.52.025);
· Coercion (RCW 9A.36.070);

· Criminal trespass (RCW 9A.52.070, 9A.52.080); · Drive-by shooting (RCW 9A.36.045);

· Interference with the reporting of domestic violence (RCW 9A.36.150); · Kidnapping (RCW 9A.40.020, 9A.40.030);

· Malicious mischief (RCW 9A.48.070, 9A.48.080, 9A.48.090); · Rape (RCW 9A.44.040, 9A.44.050);

· Reckless endangerment (RCW 9A.36.050); · Stalking (RCW 9A.46.110);

· Unlawful imprisonment (RCW 9A.40.040);

· Violation of the provisions of a protection order, no contact order, or

restraining order (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220,

26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070,

74.34.145).

Court Orders

No Contact Order

This order is issued by a criminal court subsequent to a domestic violence arrest. The
court issues it at the time of a suspect’s release from custody, arraignment, trial or
sentencing. Since the defendant is present at these stages of the criminal process, the
existence of the order is proof that it was served. The order terminates if the defendant is
acquitted, if the case is dismissed or at any time the judge chooses to terminate the order
(RCW 10.99).

Protection Order

Civil courts may issue protection orders to a family or household member who has been
assaulted or fears abuse from other family or household members (RCW 26.50). These
orders may restrain the respondent from committing acts of domestic violence; exclude
the respondent from the dwelling that the parties share, from the residence, workplace or
school of the petitioner, or from the day care or school of a child; prohibit the respondent
from knowingly coming within, or knowingly remaining within, a specified distance
from a specified location; may make residential provisions regarding minor children;
order the respondent to participate in domestic violence perpetrator treatment; restrain the
respondent from having any contact with the victim of domestic violence or the victim’s
children or members of the victim’s household; order use of a vehicle; order possession
or use of essential personal effects; or order other relief as the court deems necessary for
the protection of the petitioner and other family or household members [RCW

26.50.060(1)].

10 Covering Domestic Violence: A Guide for Journalists and Other Media Professionals

Washington State Coalition Against Domestic Violence

Restraining Order

This order is usually obtained upon filing a petition for dissolution, legal separation or child custody (RCW 26.09). Restraining orders may include, but are not limited to, restraining or enjoining the person from molesting or disturbing another party; restraining or enjoining the person from going onto the grounds of or entering the home, workplace or school of another party or the day care or school of any child; or prohibiting the person from knowingly coming within, or knowingly staying within, a specified distance of a location [RCW 26.09.050(2)].

Anti-Harassment Order

This order is available to people who have been alarmed, annoyed or harassed by another person (RCW 10.14). Violation of this type of order is not considered a domestic violence crime [RCW 10.99.020(3)].

Full Faith and Credit

Washington recognizes “Foreign Protection Orders” as valid orders if the court that issued the order had proper jurisdiction, over the issue and the people, to enter the order (RCW 26.52.020). Law enforcement officers are to presume that the order is valid if it appears to be authentic “on its face” (RCW 26.52.020).

“Foreign Protection Order” means an injunction or other order related to domestic or
family violence, harassment, sexual abuse or stalking, with the purpose of preventing
violence or threatening acts or harassment against, or contact or communication with, or
physical proximity to another person issued by a court of another state, territory, or
possession of the United States, the Commonwealth of Puerto Rico, or the District of
Columbia, or any United States military tribunal, or a tribal court, in a civil or criminal
action [RCW 26.52.010(3)].

The Washington State Coalition Against Domestic Violence can provide local, state and national statistics
on domestic violence. Interviews with Coalition staff can assist journalists in accurately reflecting the
context of domestic violence crimes, local resources available for victims and abusers, and the opinions of
experts in the field. Please contact Kelly Starr, Communications Coordinator, at 206-389-2515 ext. 210 or
kelly@wscadv.org.

Covering Domestic Violence: A Guide for Journalists and Other Media Professionals 11

Washington State Coalition Against Domestic Violence

TIPS FOR ACCURATELY COVERING
DOMESTIC VIOLENCE CRIMES

Place the crime in the context of domestic violence.

Include interviews with local experts to explain the crime as one means for the abuser to maintain power and control over their partner. Use the term “domestic violence” when reporting on homicides between intimate partners, as this terminology sets the context for the crime. The following is a good example:

“It is clear that Carolyn Durall experienced a life of coercive control by her husband,
capped by the violent murder,” [King County Superior Court Judge Deborah] Fleck
said. “This murder was the ultimate act of domestic violence.” (Seattle Post-

Intelligencer, 10/7/00)

Acknowledge that domestic violence is not a private matter.

The crime of domestic violence impacts our community as a whole in terms of
neighborhood and workplace safety, medical costs, lower economic productivity, and
effects on children. Include resources that are available for victims and abusers in
coverage, as well as how community members can help (see “Information and

Resources” section in this guide). The following is a good example of how to incorporate this information into a story:

Kelly Abken, executive director of Domestic Violence Services…said it’s important for the community to band together (and) support victims…Domestic Violence Services of Benton and Franklin Counties operates a confidential shelter for victims of domestic violence...Victims can reach the shelter 24 hours a day at 582-9841 or 1-800-648-1277. (Tri-City Herald, 6/4/05)

Look into prior history of domestic violence and let the story evolve.

Ask the police if the crime matches the legal definition of domestic violence. Look for
patterns of controlling behavior in the relationship, and place the crime in this context.
These may or may not include a prior documented history of domestic violence—talk to
police, check criminal history and check court records for protection, no contact,
restraining or anti-harassment orders. Talk to domestic violence advocates from local
agencies for relevant statistics. Avoid treating domestic violence homicides and
homicide-suicides as inexplicable, unpredictable tragedies. They are not. In most cases, a
little digging will uncover this truth. The following are some good examples:

Reading from court documents, Spokane County Court Commissioner Annette Plese
said Meek has lived in Spokane since February 1999. She noted that he has two
felony convictions and then set Meek’s bail at $1 million. One conviction, in Kitsap
County, WA, was for first-degree child molestation in 1997. He was found guilty by
a jury and sentenced to 89 months in prison. Local court records showed no

restraining orders filed against Meek by Castillo. Reports of domestic violence are on
the rise in the Spokane area. In 1996, law enforcement responded to 10,944 calls for
domestic violence assistance. In 1999, the number had risen to 12,296. (Spokane

Spokesman-Review, 10/13/00)

12 Covering Domestic Violence: A Guide for Journalists and Other Media Professionals

Washington State Coalition Against Domestic Violence

Technorati Tags: WSCADV,GUIDE,JOURNALISTS,Washington,State,Coalition,Against,Domestic,Violence,Entire,Report,Excerpt,victim,relationship,abuser,Florida,Source,Findings,Review,Starr,Jake,Fawcett,Neil,Websdale,Homicide,Northeastern,Department,Justice,hospital,emergency,rooms,spouse,Michael,Rand,Bureau,Statistics,August,children,Advisory,Board,Child,Abuse,Neglect,precursor,fatalities,Murray,Straus,Richard,Gelles,Physical,American,Risk,Transaction,Publishers,Nation,Shame,Fatal,Fifth,Health,Human,Services,Research,victims,Martha,Davis,Economics,Women,Ruth,Brandwein,Welfare,Reform,Bind,Sage,Eleanor,Lyon,Tell,Technical,Assistance,Initiative,National,Resource,Center,context,Communications,Coordinator,OVERVIEW,legislature,response,crime,protection,treatment,cases,attitude,behavior,Under,member,Former,Persons,Adult,marriage,person,parent,Note,nature,determination,length,frequency,interaction,Assault,Burglary,Coercion,Criminal,Drive,Interference,Malicious,mischief,Rape,Unlawful,imprisonment,Violation,Court,Orders,Contact,Order,custody,arraignment,existence,Civil,courts,fears,residence,workplace,petitioner,location,perpetrator,vehicle,possession,relief,dissolution,separation,Anti,Harassment,Full,Faith,Credit,Foreign,jurisdiction,injunction,purpose,communication,territory,Commonwealth,Puerto,Rico,District,Columbia,tribunal,action,TIPS,Place,Include,partners,terminology,example,Carolyn,Durall,life,husband,Superior,Judge,Deborah,Fleck,Seattle,Post,Intelligencer,Acknowledge,coverage,Information,Resources,Abken,director,band,Benton,Franklin,Herald,Look,history,definition,records,Talk,Avoid,truth,documents,Spokane,Commissioner,Annette,Plese,Meek,February,felony,bail,conviction,Kitsap,degree,jury,prison,Local,Castillo,Reports,area,Spokesman,homicides,Recommendations,injuries,Departments,Factors,Adaptations,Publications,crimes,opinions,statutes,attitudes,policies,agencies,strangers,Spouses,members,officers,impacts,tragedies,examples,convictions,abusers,shall,defendant