DVH

Love Bombing: “There is no danger to the general public” But wait.

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence, DVH, Human Behavior, Massachusetts domestic violence, terminal rage , , ,

“… He stood in the doorway with a loaded gun and talked about killing himself and/or the children and myself. He was bringing up old verbal threats and I thought they were going to come true”

Amy Lake – July 2010 (from a filed restraining order)

Domestic violence is not a private issue—it’s a public health crisis. Every year, millions of people in the United States experience physical, emotional, or psychological abuse at the hands of someone they love or once trusted. This abuse often happens behind closed doors, making it invisible to the outside world until it escalates into something fatal. But let us go back to the beginning of when something begins to go wrong. Love bombing is a term that has gained traction in discussions about relationships and mental health. It refers to a period, often at the beginning of a romantic relationship, where one partner overwhelms the other with excessive affection, attention, and gifts. While this might initially feel exhilarating, it can serve as a red flag for potential emotional and physical abuse later on. Understanding the concept of love bombing is crucial for recognizing unhealthy relationship dynamics and the psychology behind domestic abuse.

Amy Lake and her two children were murdered by her husband in 2010. Steven Lake killed himself as well and tried to light his children on fire either before or after they were dead. Right after the killings, a district attorney in Maine stated, “There was nothing we could have done to prevent these deaths.” These words sparked a team of professionals, including myself, to investigate the sequence of events that led to this tragedy. In 2011, a formal psychological autopsy was conducted after the murders, resulting in more than 50 recommendations to the Maine Attorney General’s Domestic Violence Board (Allanach et al., 2011). Our group conducted 200 hours of meetings with family, friends, and co-workers of the victim and her husband. We were not paid for our work.

In June 2011, Steven Lake of Dexter, Maine, violated a protective order four times before killing his wife, children, and himself. He stalked her on-line and had sycophants writing and praising him. He posted his love for his children daily and his groupies decried his virtue as a father. Despite the violations, Lake remained free, retained his collection of over 20 firearms, and faced no meaningful restrictions on his movement. This case demonstrates systemic failures that leave victims unprotected. This happens everywhere all too frequently. One of the most chilling aspects of domestic violence is how predictable it can be. Research has identified common red flags: escalating control, threats of harm or suicide, isolation from friends and family, obsessive jealousy, and access to weapons. Despite this knowledge, systems often fail to respond adequately when victims reach out—or worse, they don’t reach out at all due to fear, stigma, or lack of resources.

“Despite receiving some mental health counseling, it is apparent, in retrospect that the degree of violence and anger possessed by the abuser was not realized.”  Chief, Maine State Medical Examiner 2010

In many cases of domestic homicide, there were signs. Friends, family, neighbors, and even professionals sometimes miss—or are unsure how to respond to—the warning behaviors. The chief medical examiner in Maine acknowledged missing the risk Steven Lake posed to his wife and family was not identified soon enough to keep him contained. That’s why education and awareness are so critical but often falls short. And this is why behavioral scientists must look into the similarities of each case. All to often when the assailant is deceased there becomes no interest in a shakedown of the specific lead-up to the tragedy. In this case, and many others like it, taking the time to assess the facts of an assailant’s attack can lead to greater concern for people living with a protection order and the risk of allowing the recipient to remain out of jail.

A father killed his partner in front of his children, and then himself. This is called an intimate partner homicide-suicide or familicide in this case. These tragedies occur daily in the United States, and the impact is immeasurable. Surviving families mourn the loss of family members, and in some cases the mass murder of a family. Children grapple with the loss of their parents while surviving family members become their new caretakers. For those who survive, they may live with lifelong wounds and emotional trauma. 

In many cases of domestic homicide, warning signs were present. Yet, friends, family, neighbors, and even professionals often miss or struggle to address these red flags. This is why education and awareness are absolutely crucial. It’s also why behavioral scientists must analyze the commonalities between cases in the form of a psychological autopsy. Too often, when the perpetrator is deceased, the investigation into the events leading up to the tragedy fades away, leaving critical opportunities for learning and prevention unexamined.

Research consistently points to key warning signs: escalating control, threats of harm or suicide, isolation from loved ones, obsessive jealousy, and access to weapons. Yet, even with this knowledge, systems too often fail to act when victims seek help—or victims remain silent out of fear, stigma, or lack of resources. That’s why, when the district attorney claimed nothing could have been done to prevent this, we found his words far too disingenuous to be the last word on domestic violence homicide.

Too many women who are abused during times of crisis have no place to run and no effective protection. Orders of protection, without GPS monitoring or strict enforcement, fail to prevent repeat violations. Domestic violence doesn’t begin with homicide—it ends there. By taking earlier signs seriously, listening without judgment, and being willing to learn from past tragedies, we can create a safer future for individuals and families. It’s not enough to mourn; we must act.

Being aware of the signs of love bombing can help individuals protect themselves from potentially dangerous relationships. Some key indicators include:

Rapid Intimacy: The relationship progresses unusually quickly, with declarations of love or commitment happening within weeks.
Excessive Attention: The partner constantly showers gifts, compliments, and affection, making it difficult to understand the true nature of their feelings.
Pressure to Commit: There may be pressure to label the relationship or to make significant life decisions early on.
Mood Swings: The partner may alternate between extreme affection and sudden withdrawal or criticism, creating emotional instability.

  1. Allanach, R., Gagan, B., Sefton, M., & Loughlin, J. (2011, November 28). Psychological autopsy of June 13, 2011, Dexter, Maine domestic-violence homicides and suicide: Final report (Report No. 39). Pine Tree Watchdog. Retrieved from http://pinetreewatchdog.org/files/2011/12/Dexter-DVH-Psychological-Autopsy-Final-Report-112811-111.pdf
  2. Campbell, J. C., Glass, N., Sharps, P. W., Laughon, K., & Bloom, T. (2007).
    Intimate partner homicide: Review and implications of research and policy.
    Trauma, Violence, & Abuse, 8(3), 246–269.
    https://doi.org/10.1177/1524838007303505 This study outlines risk factors for intimate partner homicide and emphasizes the importance of early intervention and assessment tools like danger assessments.
  1. National Coalition Against Domestic Violence (NCADV).
    Domestic Violence National Statistics.
    https://ncadv.org/STATISTICS Provides updated statistics and information on the prevalence of domestic violence in the U.S., including its impact on survivors and communities.
  2. Violence Policy Center (2023).
    When Men Murder Women: An Analysis of 2021 Homicide Data.
    https://vpc.org/publications/when-men-murder-women/ Annual report analyzing FBI data on female homicide victims killed by male offenders, most often in the context of domestic relationships.
  1. Centers for Disease Control and Prevention (CDC). (2023).
    Preventing Intimate Partner Violence.
    https://www.cdc.gov/violenceprevention/intimatepartnerviolence/fastfact.html Offers insight into prevention strategies, risk factors, and public health approaches to addressing intimate partner violence.
  2. Sefton, M. (2017, February 26). Psychological autopsy may help answer questions in domestic violence homicide. Blogspot: MSefton Blog. https://msefton.blog/2017/02/26/psychological-autopsy-may-help-answer-questions-in-domestic-violence-homicide/
  3. Sefton, M. (2016, December 16). Domestic violence homicide risk factors. Blogspot: MSefton Blog. https://msefton.blog/2016/12/16/domestic-violence-homicide-risk-factors/

How Legal System Shortcomings Fail Domestic Violence Victims and what we may learn from these failings

Michael Sefton, Ph.D. Bullying, crisis intervention, Dangerousness assessment, domestic violence, domestic violence homicide, DVH, Health Psychology, Human Behavior, Massachusetts domestic violence, Police officer behavior, Relationships, terminal rage

WESTBOROUGH, MA – October 31, 2024 – I am writing in the aftermath of another murder suicide here in Massachusetts. It happened 3 months ago at the end of the school year. An adolescent girl was walking home from school and was abducted by her former step-father who is charged with raping her when she was 13. He was wearing an ankle bracelet designed to provide police with GPS coordinates when he deviated from going to and from his work place or if he deviated anywhere near the victim from whom he had a stay away order. Technically, as soon as he drove near the childs school or home the police should have been notified. But this did not happen and now the girl and the former step-father are dead. I have written to the Middlesex County district attorney here in Massachusetts about this case with ideas I have about domestic violence homicide and best practices, but so far, I have heard nothing back. I presume they have all the expertise and advice they require to help keep people safe from trolls and jealous spouses with outstanding orders of protection.

I am a former police sergeant and have looked at several cases each year that are compelling and I try to report these. I asked the local chief of police for the police reports on this case but was sent only the press release. My interest started both from my experience in law enforcement and also out of a response to the abject horror the so many of these cases, like this one. People living in fear, month after month, or in some cases years of fear. This case was delayed over and over. A common tactic used by defense attorneys to avoid going to trial at all. They are banking on the victim being too frightened to testify or better yet, the victim moves away and cannot be found. Victim witness advocates will tell you that teenaged children carry a great deal of shame with them after being victimized. Every delay or change in court dates can trigger fear and often self-doubt. Many know the protection orders have very little that prevents a stalking step-parent from wreaking terror on his victim and her family. In this case, the restraining order failed the victim in spite of the best efforts of law enforcement with things like old technology GPS monitoring.

This case flew under the radar because the criminal trial of the accused was re-scheduled 3-4 times over several years. It was finally headed toward the court room and it is a fact, that as this occurs the risk to potential victims increases as domestic violence cases plod toward a trial. Every change in court date is enough to put a frightened victim into crisis. Many if not most, victims of DV change their minds and do not prosecute. They often blame themselves for breaking up the family by coming forth with sometimes horrific accusations as in this case. In the long run, this impacts their emotional development and victims should be afforded all the support they require to be capable of going to trial. They often are too afraid to stand up and admit what was done to them. They feel shame and deeply frightened.

As I said, I am a former police officer and currently MA licensed psychologist working in here in Massachusetts. When I patrolled the town, I frequently stopped at houses known to us for domestic violence calls in the days afterward. I sometimes had one of our community policing officers with me in the aftermath of the call. When everything was settled down and the dust had cleared, I would stop and try to connect with the couple. Follow-up on recommendations I may have offered – like family or couples therapy and other local resources. And let them know help is available. I was surprised at how many families moved away soon after being involved in a family fight. Off my radar right? My understanding of domestic violence is that it cycles from guilt and shame to honeymoon and a family love fest. The cycling of coercive, violent behavior ramps up one a trial nears or some other dramatic change like divorce. These are the most dangerous times and any violations once the GPS monitor is in place should require arrest with no bail. While in containment, the psychological assessment must be initiated and presented to the court.

The double dose of the stigma of both suicide and intimate partner violence (IPV) leaves the details of many of these traumatic experiences untold. 
Everytown Research and Policy, 2024

“These tragedies often include children, family members, and friends.” Despite the devastation and immeasurable impact, these events garner little public attention and recognition as a frequent form of gun violence.” according to a story published on 8-8-2024. More needs to be done to protect child victims from known violent perpetrators such as Juliano Santana, who killed a 16-year-old girl a few weeks ago in Acton, Massachusetts. Child victims like the 13-year-old victim in this case often blame themselves for being physically assaulted or being groomed for sexual assault. They lack the developmental and emotional maturity to fully understand what has happened to them and often live in recurring fear that the rapist is going to come back and hurt them again or kill them next time. The media portrayal of these horrific events failed to ask the important question how did the perpetrator avoid being captured before he got to his one-time stepdaughter? He was attached to a GPS device, right? And where did he get the firearm used to kill the teen and turn it on himself? Well, it sounds as though the police have determined that the GPS may be partially to blame. As soon as they queried the device, they knew Santana was on the move and the victim was grave danger. And where did the deadly firearm come from?

“Access to a gun is the centerpiece of the dual tragedies of intimate partner homicide and suicide.” 

The GPS ankle monitor system did not protect the victim because it was not the type of monitor that would alert law enforcement when a suspect diverts from his programmed daily route or if he drove near the school or apartment complex where the victim lived. So, after 3 years the trial was set to begin in July 2024. That is usually a red flag and signals growing anxiety in both the victim and the suspect. Under state law, prosecutors cannot request a hearing to determine if someone is dangerous or whether he should be held in cases involving egregious cases of child rape. The rape of a child is de facto evidence of dangerousness in most circles.

As a former law enforcement officer and a now licensed psychologist here in Massachusetts and I have looked at DVH. I find it necessary to draft reports that highlight the murderer’s unpredictable violence. Certainly, the probation department looks at the perpetrator’s prior criminal history in making recommendations for bail. It is likely that Mr. Santana had no criminal history although we have not been told this fact. Juliano Santana drove to Acton with one thing in mind – to shoot and kill the 16-year-old girl whom he first violated 3 years prior when she was just 13. He should have been in a holding cell until he received a dangerousness assessment.

“Law enforcement agencies should implement a lethality risk assessment protocol in domestic violence cases that includes instructing officers to ask about the presence of firearms and other known risk factors for lethal violence.”

There is nothing more frightening than to be the person who asks for a restraining order for protection from a monster that allegedly raped her as a 13-year-old girl. She was not his biological daughter. How is it possible that someone who has demonstrated such violent and dangerous behavior cannot be held until his dangerousness can be assessed? Here in Massachusetts conditions of bail have no bearing on criminal behavior once released. Bail does not stop secondary criminality. The likelihood of terminal violence such as this, is extremely high as the court begins to move on the case.  Santana skidded through the pervious gauntlet and killed his victim and then himself. Rather than say that there were many things in place to protect the victim, there needs to be an investigation as to how the protection order failed? This case is an abject failure.

More needs to be done to protect child victims from known violent perpetrators. News reports say there were things being done to protect the victim. Not enough was done. The county court probation system failed this victim releasing Juliano Santana on three thousand dollars cash bail – thirty thousand surety bond. In all orders of protection, the perpetrator is required to forfeit all firearms. The fact that Juliano Santana had a firearm needs to be investigated. Did he have a license to carry the firearm he used in the killing? If so, this should have been taken away from him immediately upon the order by the judge on the day the victim went to police in Malden. Someone provided the gun, and someone knew that he had plans for using the weapon. The psychological autopsy can develop facts that shed light on these truths. The facts gleaned in the PA will directly help other cases like this one. The question always comes up as to how the guns were acquired or how the guns were not removed as mandated by law?

“The psychological autopsy is an individually designed case study that elicits a broad range of factual data regarding the behaviors of a decedent in the immediate day or days leading up to domestic violence homicide. The study is especially important when first responders and essential workers are involved. In all likelihood the girl lived in fear and terror” according to Michael Sefton, Ph.D. at a police psychology program in Worcester. This after incident examination can provide a good deal of information and warning signs that extreme risk for violence exists. These studies may add to the collective understanding of DVH – especially when family annihalation results.

We conducted a psychological autopsy on a man in Maine who murdered his wife and two children. This occurred just days before his divorce was to be finalized and two weeks before he was to be tried for criminal threatening. Steven Lake was known to be violent toward his wife and daughter. He violated the order of protection over five times with impunity. His firearms were not taken from him. He had over twenty to choose from when he made his move. This is what happens in systems where defense lawyer argues about eighth amendment rights to “reasonable” bail in lieu of consideration for the traumatized victim and her family. What modern society leaves its children at considerable risk for death in crimes like these? There were most certainly red flags that the perpetrator waved in the days and hours before this kidnapping and murder.  His anger was likely extremely high as the trial date neared. He would not allow the victim to take control of his life by sending him to prison where he belonged.

Someone knew that this was going to happen and said nothing. Maybe a family member or co-worker. He may have contacted the victim wanting to apologize or threaten her against telling the truth. Or her family was threatened?  But it is quite likely the unnamed 16-year-old lived in fear that her tormentor may strike and take her again. Just as he did on Thursday in late June as she walked to her home.  It is vital to future cases of domestic violence that common red flags do not become holes in the safety plan of victims seeking safety and protection. The results of the psychological autopsy of Steven Lake were presented to the Maine Attorney General’s DV Homicide Review Board. The document is 75 pages long and offers over 50 recommendations for lowering risk and lowering deaths by DV.

Governor Charlie Baker had the right idea and proposed it to the legislature that allows the court to require a dangerousness evaluation in the case of rape and other crimes. We learned that this failed in 2022 as too expansive a mandate with too few resources to hold perpetrators accountable.  Why? The Middlesex County D.A. should bring this to life and use the event to highlight the imbalance in domestic violence prosecution and the protections it gives to perpetrators from (low bail) and the fear it drowns its victims who feel unprotected. Even having an ankle monitor did not work until it was too late and provided no “real time” monitoring. If it had, then Santana could have been tracked when he diverted from his given route and came to Acton to murder his stepdaughter.  

Everytown Research & Policy is a program of Everytown for Gun Safety Support Fund, an independent, non-partisan organization dedicated to understanding and reducing gun violence.

DV homicide: When cities cut funding for domestic violence this can lead to increased risk of IPV and death

Michael Sefton, Ph.D. domestic violence, domestic violence homicide, DVH, Human Behavior , , , , ,
Coercion and control

It is well known that law enforcement can be called to the homes of domestic violence victims only one in seven occurrences of abuse. That means there are possibly 6 times when victims are traumatized by intimate partners to which LEO’s are not privy. Why is this? In my experience, perpetrators of intimate partner abuse are secretive and forbid their partners to call police. They are manipulative and want to control the interview such as when first contacted by law enforcement. They frequently act surprised that police were called sometime saying “are you sure you are at the right place?” But in reality they silently simmer, waiting for police to take the bait and run. Often back on their spouse as soon as they are alone. The entire basis for the relationship is all about coercion and control of one spouse over another. It all starts as secret manipulation fueled by jealousy and insecurity.

Many victims of DV are coerced to feel afraid of calling for help. Police need to see all members of a household when called to a case of domestic assault. This bullying by perpetrators results in a pattern of threatening and control that is coercive to victims who learn to remain silent, in spite of fears of being killed. Red flags are often missed with the arrival of police officers as intimate partners pull it together trying to avoid angering their tormentors who control by making veiled threats. These investigations sometimes require more than one visit.

Follow-up intervention is recommended once the dust settles. This is sometimes hard to achieve. Whenever an aggressor is taken to jail, whether for the night or weekend, contingencies for his safe re-entry must be negotiated. When the risks to spouse or family members remains elevated, then an order of protection should come together based on the details of the call and written so as to bring to life all documented red flags. Either way, the investigation is not completed until there is an understanding of what happened (why the police were called) and what comes next for this couple? Specific issues like: threats of death, forced sexual contact, physical abuse leaving marks, any kind of strangulation, threats with a firearm or other deadly weapon, and threats of suicide are all the details written into a protective order. These are big ticket items and raise a victim’s level of risk substantially and usually become part of a stay away order. Each of these crimes are a red flag warning to cops looking at charges for domestic violence.

Larger departments across the United States have experienced greater numbers of domestic violence since the initial quarantine in 2020. As the months went on adaptive coping broke down resulting in larger numbers of domestic violence with maladaptive coping behaviors such as: excessive use of alcohol, threats of physical violence, frustration, and boredom increased greatly. Some, like Portland, OR actually saw a reduction in officers assigned to the DVERT – the multidisciplinary unit that investigates DV in Multnomah, County, Oregon in which Portland is the County seat.

The Portland (OR) Police Bureau’s Domestic Violence Enhanced Response Team (DVERT) and Domestic Violence Reduction Unit (DVRU) have been reduced in manpower according to information poached from their website. They now have about half the number of officers they did 10 years ago – five officers assigned to the DVRU and two officers plus a Multnomah County Sheriff Office detective assigned to DVERT according to a 2015 Blog post written by Emily Green. With this staffing level, they have the resources to investigate only about 7 percent of domestic violence reports received by the department each year. In 2013, out of a total of 8,179 domestic violence reports, only the 586 most serious cases were assigned to the domestic violence unit. DVERT strives for a “best practices” model of interagency collaboration by coordinating several forms of intervention for domestic violence victims and offenders as reported on the department website. As of this writing no more recent numbers are available.

Isolation of victims from family

Other cities struggle with DV and its social fallout. In 2017, San Diego law enforcement received 17,306 reports of domestic violence. This number was four percent higher than the previous year, according to the Criminal Justice Research Division. There were eight domestic violence-related homicides in 2017 that involved current or former intimate partners. Domestic violence incidents involved a death in four other instances. Five domestic violence offenders killed themselves according to a domestic violence blog maintained by a local attorney in San Diego.  Likewise, San Diego saw changes in the rate of DV during and after the pandemic. The Alliance for Hope in San Diego provides support for police investigating crimes such as strangulation with supportive end empathic care for victims of domestic assault.

I wrote about #24hourwindow project in my description of the Icelandic response to DV in Rejkavik and beyond. Police in Reykjavik, Iceland believe that detectives or senior police officers must intervene within the window – 24 hours from start of a call out, to put together a strong case and collect evidence. I agree with this approach and strongly urge local agencies use it as a model. They work in teams of 4 or 5 as described in a BBC story. The former protocol was often several days after the call and coincided with the honeymoon period where violent partners try and kiss and make-up. Bail conditions frequently fail DV victims as the abuser is often bailed out within 1-2 hours. Egregious cases of DV, those particularly life threatening should be held without bail until a dangerousness hearing may be initiated. 

To the un-trauma-informed investigator, many behaviors exhibited by someone who’s just experienced a traumatic event double as signs of lying. Behaviors such as an inability to remember the chronological order of events, nervousness, avoiding eye contact or of recalling sounds and smells with more ease than physical details about his or her attacker, are all the result of effects trauma has on the brain.

Emily Green 2015

Specially trained Portland (OR) Police Officers review and follow up on reported incidents of domestic violence. Their responsibilities include reviewing reports from the initial responding officers, assessing each case in order to prioritize incidents requiring follow-up investigation, making attempts to contact the victims and witnesses to obtain additional information, providing referrals to victims for appropriate services, and attempting to contact and arrest perpetrators of domestic violence. This should be done during an 8-10 hour shift or by the next regular day shift by law enforcement who understand intimate partner abuse and its dysfunctional, cycling nature.

“In Iceland, twice as many women are reporting incidents of domestic violence to the police than they were two years ago. I wrote about this a couple months ago and had reached out to the #windowproject @IslForce and the #Rejkavikpolice commander without much fanfare. Like Portland Oregon, Iceland uses a multidisciplinary unit that enters the case in call-out fashion by each discipline rolling on scene called the 24 hour window project. This is due to an ongoing police initiative to provide women with better-timed and better-located assistance, which is bringing the problem out of the shadows” as reported in apolitical in 2017. I have called for regular aftermath follow-up in cases of domestic violence as a form of community policing. Officers work in pairs and stop during the next day to complete a check-in. Some victims are contacted by their abusers or family of the abuser and can be dissuaded or intimidated not to press charges. This resumes the honeymoon and cycle of violence is renewed.

REFERENCES

Green, E. (2015) How understanding the neurobiology of trauma helps Portland police work with domestic violence survivors. https://www.streetroots.org/news/2015/01/20/how-understanding-neurobiology-trauma-helps-portland-police-work-domestic-violence Taken 5-16-2022.

Conditions of bail and 8th amendment freedoms – reflections on domestic violence homicide

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence homicide, DVH, Human Behavior, Police officer behavior, psychological relevence , , , , , , , ,

The 8th Amendment guarantees that people will not be faced with unfair conditions while in custody nor should they have undue hardship following adjudication. But when victim safety requires it then some modification of this rule must be considered. Dangerousness to possible victims requires some abusive subjects (usually men) be held without opportunity for bail at least as long as it takes to confirm that there is no immediate danger to possible family members. This evaluation sometimes takes hours to days to complete. In Massachusetts, here in the US, some courts have court clinics that can assess persons in custody for risk of suicide and dangerousness. The pandemic has reduced this option significantly and arraignments were conducted virtually for months. Many district courts work with domestic violence agencies on a regular basis sometimes in the court buildings near court rooms.

Maine Law Review

Not much has changed since the Maine Law Review cited our work in its 2012 in Nicole Bissonnette’s review of bail conditions following domestic violence. Ms. Bissonnette published second paper in 2017, in the same MAINE Law Review that gives some quick and easy fixes for the 8th Amendment conundrum as it pertains to domestic violence. It is a fact that victims generally do not call police when the abuse first begins. It is also a fact that if a victim has been threatened with death if she “leaves” or “asks for a divorce” then her risk is substantially elevated and a safety plan must be provided including an order of protection.

The 8th amendment guarantees that excessive bail nor excessive fines shall not be required when someone is in custody and when found guilty of a crime. In many cases of domestic violence assault, abusive spouses are released on personal recognizance – essentially no bail is taken. Abusers are required to show-up on the next court day (usually Monday morning) and answer to charges of assault, domestic abuse, or whatever the evidence shows. The 8th Amendment also specifies that punishment for crimes shall not be excessive, overly punitive or harsh. It is frequent that abusers may have no criminal record whatsoever. Given that fact, it is hard to argue for high bail in a case where the defendant is unlikely to skip out on an initial hearing. This is precisely the reason why officer reports must include detailed statements from victims and witnesses – especially children.

I agree in principle that bail should not be punitive but neither should a family be faced with constant fear and danger because of the arrogant defiance of an abusive spouse. People without means do not have money for bail and some individuals are unfairly kept in jail simply because they or their families do not have cash for release from custody. So, a person who may be unemployed and was picked up for shoplifting and has 2 prior arrests may have an artificially high bail so he sits for weeks in a county jail awaiting trial. There are times when dangerous supersedes the right to be released from custody. This requires close scrutiny for making bail conditions that reflect risk to community and red flags for individual families.

In the 2017 Maine Law Review, Nicole Bissonnette restated her 2012 premise that bail conditions must be considered carefully when it comes to letting violent intimate partners out of custody. Ms.Bissonnette smartly cited the work done by this author and colleagues that brought these issues into sharp focus (Allanach et al. 2012). The importance of orders of protection cannot be understated in preventing domestic violence homicide. “The purpose of this follow-up comment is to evaluate the existing (PFA) system and assess methods of improving outcomes while avoiding prohibitive fiscal impacts” according to Ms. Bissonnete, 2017. The process, structure and failings of the existing system will be illustrated by the tragic deaths of Amy Lake and her two children, who were murdered by Steven Lake, despite the PFA in effect at the time. It was this case that brought domestic violence homicide into national prominence and provided substantive recommendations for mitigating DVH. Information is often unavailable to bail clerks or even judges when PFA’s are needed most. Information such as whether the defendant has previously violated conditions of release, probation or other orders, including, but not limited to, violating protection from abuse orders according to Jennifer Thompson, 2004. When these factors are affirmed then bail conditions must be revised in real time accordingly. Substantial bail for violation of protective orders is but one of them. Some believe that having non-refundable, very high bail is the only sanction to prevent recurring violations of the PFA. The 8th Amendment informs that bail may not unfairly impact people without employment and those who do not have financial means to buy there way out of jail.

There are cases, as recently as 2021 where a protection order was denied and domestic violence escalated into death of the New Hampshire suspect and critical injuries to intimate partner who became the victim. A judge did not think a protective order was warranted. Similarly, in Austin, TX, a disgraced police officer shot and killed his step-daughter, the teen’s boyfriend and his former wife in April 2021, even after the teenage girl begged for a protective order with the option to hold the abuser in jail. Her fear was palpable. The shooter was required to wear an ankle bracelet for 90 days after which he was free to stalk his former family who were trying to move on. There were several flaws in the safety plan in this case that ultimately triggered the terminal event such as coming together for planned visitation so the former police officer could visit his son who was not murdered. In New Hampshire, a judge denied a protective order on the basis that the abuser had not been violent since 2016 although acknowledged that the man was coercive and controlling. The victim, Lindsay Smith, was shot and critically wounded in Salem, MA in November 2021. Her former boyfriend, who had stalked the victim for the years since the break-up reportedly said he intended to forever “turn her life upside down” died from a self-inflicted gunshot wound. This may have been avoided if the temporary restraining that had expired had been approved to become a permanent restraining order as the victim had petitioned.

The desire to mitigate police discretion in domestic violence cases stems, in part, from problems relating to “the inherent ambiguity of the police-citizen encounter in the context of domestic violence.”

Jennifer Thompson, 2004 Maine Law Review

The domestic violence literature suggests that after 5-7 beatings victims will reluctantly summon police – especially if they fear either they or their children are about to be murdered. The details Calais, ME case of domestic violence are being carefully guarded even today. It is known that Daniel Phinney, 26 was out on bail after being arrested and charged with domestic violence and criminal threatening in May 2013. At that point he must have both physically assaulted his significant other and threatened to kill or maim his family resulting in the charge of criminal threatening. Police are quick to say that Phinney had “no prior criminal history” perhaps in an effort to obfuscate public outrage evoked by the system of bail in Maine that releases violent abusers over and over again on low bail. Had anyone made an effort to determine the degree of risk posed by Daniel Phinney prior to his release? Had anyone registered safety concerns based on the defendant’s behavior and history? If there had been routine aftermath follow-up then this may have been a known fact. A psychological assessment of Phinney may have provided important details about his impulse control, substance use, coping skill, and proclivity toward violence and had been charged previously with domestic violence. Phinney was killed by police in a stand-off in Calais, Maine shortly after being released from custody.

The case is reminiscent of the 2011 Steven Lake homicide in Dexter. Lake had twice been released on bail before murdering his family.  The medical autopsy concluded that “in spite of psychological counseling (the state) failed to appreciate the degree of anger and violence in Steven Lake”.  He had also been charged with criminal threatening after holding his family at gunpoint as he drove home the point about how much he loved them but he could not let Amy move on. 

Using a firearm in the commission of a domestic violence incident is defacto evidence of dangerousness and no bail shall be considered until such time as all firearms are collected and a viable safety plan is in place for potential victims including police protection. Michael Sefton, Ph.D. 2021

I was a member of a team that conducted a psychological autopsy on Steven Lake that resulted in over 50 recommendations to the esteemed Maine Attorney General’s Homicide Review panel in November 2012. At first glance there appears to be brash indifference toward the court protection order and the failure to remove firearms held by the defendant. It is now important to study the case of Daniel Phinney and others, so we ma learn from the many red flags exhibited in the weeks prior to his death. These red flag events must lead to stopping and containments points in future cases of domestic violence and domestic violence homicide. No family should be kept in fear by a spouse whose loathsome behavior derails all human spirit and sense of dignity.

At what point does the well-being of victims and potential victims rise above the abuser’s right to bail?

Michael Sefton, 2014 on the 8th Amendment and PFA orders

Allanach, R et al., Psychological Autopsy of June 13, 2011, Dexter, Maine Domestic Violence Homicides and Suicide: Final Report 39 (Nov. 28, 2011), http://pinetreewatchdog.org/files/2011/12/Dexter-DVH-Psychological-Autopsy-Final-Report-112811- 111.pdf.

Bissonnette, NR (2012). Domestic Violence and Enforcement of Protection from Abuse Orders: Simple Fixes to Help Prevent Intra-Family Homicide, 65 Me. L. Rev. 287. Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol65/iss1/12

Thompson, J (2004). Who’s Afraid of Judicial Activism? Reconceptualizing a Traditional Paradigm in the Context of Specialized Domestic Violence Court Programs, 56 Me. L. Rev. 407.

Sefton, M. (2021) Domestic violence and the importance of red flag warnings for preventing homicide. WordPress Blogpost. https://msefton.blog/2021/04/24/domestic-violence-and-the-importance-of-red-flag-warnings-for-preventing-homicide/ taken 2-25-2021

Harlem domestic violence homicide calls for transparent psychological autopsy

Michael Sefton, Ph.D. crisis intervention, Dangerousness assessment, domestic violence, domestic violence homicide, DVH, Human Behavior, Police officer behavior, psychological relevence, terminal rage ,
The psychological autopsy is an individually designed case study that elicits a broad range of factual data regarding the behaviors of a decedent in the immediate day or days leading up to domestic violence homicide. The study is especially important when first responders and essential workers are involved all the while a pandemic ravages the city in which they live. Michael Sefton, Ph.D. Direct Decision Institute, Inc.

The recent domestic violence homicide in Harlem raises the specter of an essential city worker who killed his sister-in-law while his wife called for help. The police stopped the attack resulting in the death of Ubaldo Gomez but not before he shot and stabbed a women in the head with a kitchen knife. The fact is that domestic violence has increased during the pandemic as it does at other of life’s stress points. Did the fact that the alleged murderer was an MTA employee considered to be “essential personnel” have an impact on his mental health that may have been foreseen? What role, if any, did his role as an auxiliary police officer for the NYPD have in the terminal event? A psychological autopsy would answers these questions and establish a worst case scenario of frontline exposure to trauma and possibly offer insight into underlying history that may have been anticipated and stopped. Certainly the hierarchy at 1 Police Plaza will have an interest in this case. The Corona virus has added to risk of DV and DHV.

For too many women who are abused repeatedly during times of crisis there is no place to run and no one to keep them safe. Orders of protection are ineffective and without GPS monitoring and they are nearly impossible to enforce. In a 2011 domestic violence homicide in Maine, the protective order was violated 4 times by Steven Lake who killed his wife and children in Dexter before killing himself in June 2011. That alone was grounds to hold Lake without bail. No police agency removed access to his collection of over twenty firearms. The scene diagrams illustrate how Lake was armed with two firearms and a hunting knife. He murdered his children while forcing his estranged intimate partner to watch. It was thought that he planned a murder spree and he left 9 suicide notes. The final despicable act, as police arrived, was to attempt to light the bodies on fire.

In general, there is little interest in such a comprehensive post hoc psychological examination because there is no pending prosecution. Nevertheless, a psychological autopsy conducted on Lake in the Fall of 2011 revealed a clear timeline littered with red flag warnings that were missed or ignored. The research conducted in 2011 was done pro bono. It undertook over 200 hours of interviews and presented the Domestic Violence Review Board with over 50 recommendations for reducing high rates of domestic violence homicide in Maine (Allanach et al. 2011). The medical autopsy editorialized the case in its final report:

“Despite receiving some mental health counseling it is apparent, in retrospect that the degree of violence and anger possessed by the abuser was not realized.”                                                            Chief, Maine State Medical Examiner

This latest case in point involved an estranged wife, her sister, and the building manager in Harlem. The three were having dinner when someone armed with a firearm broke into the apartment. It was the estranged husband of one of the women. He was wearing his Metropolitan Transportation Authority uniform, and he had a gun according to the NY Post reports. In the meantime we have been told that the perpetrator was an auxiliary police officer and was licensed to carry a firearm. What triggered this paroxysmal violence? If it was foreseeable, then Mr Gomez should not have had access to his firearm.The psychological autopsy will address prior history of intimate partner violence, protection orders in place, work-related stress, recent health concerns related to the corona virus and Mr Gomez trauma exposure history, and his mental health in the days before the murder. 

Police officials said the transit worker, Ubaldo Gomez, shot his sister-in-law and stabbed her in the head with a knife, while his wife reached out for help. When Gomez refused to drop a 12-inch kitchen knife and tried again to stab the man, a police sergeant opened fire, killing him. In the end, there is always at least a single person who knows what is about to happen and often does nothing to stop it. A family member of Gomez suggested “he had some mental issue, something happened. He was always working day and night. He barely slept. He worked.” as quoted in the NY Post. Whether this duplicity and denial stems from cultural beliefs about the supposed “privacy” of DV, society must change the way in which law enforcement manages these cases. The buy-in from police, legislators, judges, probation, and the public-at large needs to be fully endorsed for real change to happen and for safety plans to work. Many states across America are planning to enact “red flag” rules that will remove weapons from individuals with a known history of domestic violence e.g. choking spouse during fight (Sefton, 2019).

Family members who may be in the crosshairs of these insidious events often see but lack the knowledge to stop the emotional and behavioral kinetics once they start. The fear of being murdered by an intimate partner creates emotional paralysis. In a large percentage of DV occurrences, financial and self-image influences as well as outright fear of the abuser by the victim limit moves toward safety. Therefore, a continuum of interagency cooperation is needed to effectively measure risk and understand the pre-incident red flags that are common manifestations of abuse and often forecast terminal violence, all of which occurred in this case. As the totality of these red flags comes into focus it becomes incumbent upon each of us to take action to prevent domestic violence threats from becoming reality (Allanach, et al. 2011).

It would seem to be vitally important that a transparent psychological autopsy be initiated to gain an understanding of the factual behavior that was observable and measurable in the days leading up to the murder especially given the likely unintended victim. Preliminary reports described Gomez as having a pattern of pathological jealousy and victim stalking. For her part, Gomez’ wife Glorys Dominguez called for help in the weeks prior to the terminal event seeking help.

active shooter addiction Bail conditions in domestic violence CIT Community Policing crisis intervention Dexter domestic violence domestic violence homicide DV DVH DV Homicide extended family fitness health psychology intimate partner violence jail diversion Law Enforcement Leo Polizoti Maine Mass shooting mental health mental illness Michael Sefton parenting Personality Police police behavior police mental health liaison police officer police suicide pre-incident red flags psychological autopsy PTSD red flags Resilience Ron Allanach Sefton Sefton Blog Social skills Suicide terminal rage toxic relationships violence workplace violence

Allanach, RA, Gagan, BF, Loughlin, J, Sefton, MS, (2011). The Psychological Autopsy of the Dexter, Maine Domestic Violence Homicide and Suicide. Presented to the Domestic Violence Review Board, November 11, 2011

Sefton, M (2019) Violence prediction: Keeping the radar sites on those who would do us harm. Blog post https://wordpress.com/block-editor/post/msefton.wordpress.com/5012 taken May 23, 2020.

Sheehan, K, Moore, T. Woods, A. NY Post May 21, 2020 https://nypost.com/2020/05/21/man-killed-in-nyc-police-involved-shooting-was-auxiliary-cop/?

Desperate Victim’s plea for help

Michael Sefton, Ph.D. career criminal, Dangerousness assessment, domestic violence, domestic violence homicide, DVH, Human Behavior, terminal rage , , , , ,

DV_note B&W
Victim passed this note to Veterinarian staff – Photo VCSD

WESTBOROUGH, MA  June 6, 2018 A case of domestic violence unfolded on Memorial Day weekend in Volusia County, Florida when a female victim was being held by her live-in boyfriend. The note implores staff members of the DeLand Animal Hospital to call police because her partner was threatening her and had a gun.  These kinds of desperate measures occur occasionally and are dramatic and newsworthy. The staff at the DeLand Animal Hospital are to be commended.  But there are intimate partners everywhere who live in fear just as the indomitable victim who passed this note had been living.

“From coast to coast LEO’s are caught in this moth eaten, patchwork system that lacks resources for both the mentally ill and those addicted to alcohol and drugs.” Michael Sefton, Ph.D. 2018

As the story goes, her boyfriend had beaten her and was refusing to allow her to leave the couple’s home.  To her credit (perhaps life saving) she convinced the man that she needed to bring the dog to the veterinarian.  He agreed but would not allow her to go without him. Upon arrival this note was passed to a member of the hospital staff who knew just what to do.  The man is now behind bars being held without bail – manning his defense.

There is a consensus among experts in domestic violence that victims are abused multiple times – often threatened with death – before they call police for help.

As a society, more needs to be done to fill-in the holes in the system designed to keep families safe.  Safety plans and orders of protection are not enough.  From coast to coast LEO’s are caught in this moth eaten, patchwork system that lacks resources for both the mentally ill and those addicted to alcohol and drugs. The holes in the system allow for violence prone individuals to allude police and coerce victims into silence.  But every once in a while, a silent victim writes a life saving note and gives it to the right person.

Domestic violence happens in family systems that are secretive, chaotic, and dysfunctional.  This lifestyle pushes them into the margins of society – often detached from the communities in which they live.

The abusive spouse makes his efforts known within the system by his barbaric authoritarian demands.  He keeps his spouse isolated as a way of controlling and manipulating whatever truth exists among these disparate family members.  The consequence of this isolation leaves women without a sense of “self” – alone an emotional orphan vulnerable to his threat of abandonment and annihilation.

Successful intervention for these families must slowly bring them back from the margins into the social milieu. Arguably, the resistance to this is so intense that the violent spouse will pull up stakes and move his family at the first sign of public scrutiny.

Police officers are regarded as the front line first responders to family conflict and DV.  For better or worse, the police have an opportunity to effect change whenever they enter into the domestic foray.  This affords them a window into the chaos and the opportunity to bring calm to crisis.  In many cases, the correct response to intimate partner violence should include aftermath intervention when the dust has settled from the crisis that brought police to this threshold.  When this is done it establishes a baseline of trust, empathy, and resilience.

Community policing has long espoused the partnership between police and citizens.  The positive benefits to this create bridges between the two that may benefit officers at times of need – including the de facto extra set of eyes when serious crimes are reported.  But the model goes two ways and requires that police return to their calls and establish protocols for defusing future events meanwhile processing and understanding the current actions of recent police encounters. When done effectively the most difficult families may be kept off the police radar screens for longer periods of time that can be a good thing when it comes to manpower deployment and officer safety.

From anonymity and stigma grows resilience

Michael Sefton, Ph.D. CIT, DVH, Human Behavior, Police officer behavior, use of force continuum , , , , ,
Today there is still a great deal of stigma associated with reaching out for peer support within police departments. Officers’ fear being misunderstood and seen as weak if they acknowledge their vulnerability years into the job. The blue line bleeds each time an officer takes his or her own life yet the silence within the ranks is stunning. An officer may act heroically in their efforts to save a child who isn’t breathing and fail.  An officer may be first-in to a call for domestic violence homicide and fail.  An officer may be dispatched to a horrific motor vehicle crash and come upon an overturned minivan with a shamble of entrapped human misery and death and still feel a failing.  These events create a chink in the armor and sometimes reveal gaping personal anguish that accumulates over time. The cumulative impact of trauma adds to the layers that belie the outward calm.  As a former police officer there are calls I covered that are painful to this day. Abject failure. Exposure to subclinical, traumatic events takes a toll of both physical health and emotional wellness and can lead to PTSD, secondary traumatic stress disorder, and burn out.
Prevention of law enforcement suicide is paramount.  As recently as early November, 2018 a former police chief died by police assisted suicide killed by his former officers after charging them with a kitchen knife.  And in Baltimore County, MD, School Resource Officer Joseph Comegna, a 21-year veteran of the force, took his own life at his desk in the public school.  “And unlike line-of-duty incidents, which tend to receive a great deal of media coverage, law enforcement suicides rarely get much press, says Al Hernandez, a 35-year veteran of the Fresno Police Department (FPD) in California. Hernandez helps connect officers to mental health care.” according to Jack Crosbie writing in Men’s Health about a suicide death of an NYPD officer who died in early 2018.
The impact of stress on the lives of LEO’s is well known and can have pervasive impact on officer well-being both in and out of uniform.  Hypertension, cardiovascular disease, substance abuse, and depression are just a few of the behavioral health consequences that may result from repeated exposure. Ongoing vulnerability to traumatic events can result in anger, resentment, strong negative emotions, and reactive embitterment that can erode job satisfaction and job performance (Sadulski, 2017). Critical Incidence Stress Debriefing plays an important role for police by helping LEO’s manage their trauma and post-traumatic stress. It should be provided as part of an integrated system of peer support. Most departments have officers trained in CISD whom provide peer support to brother and sister LEO’s who are in crisis. Key among these relationships is the hand-off to mental health professionals when indicated. Peer support is not treatment and the relationship between the peer support and psychological treatment should be clearly defined.
Each of us in law enforcement has a duty to reduce suicide among the men and women in blue whenever possible. This requires a substantive understanding of the risk factors associated with LEO self-destruction. Chief among law enforcement is the camaraderie that bonds officers together during times of stress. Peer support is a key factor in reduced emotional suffering among law enforcement officers. 
Risk factors for suicide increase when the conventional need for belongingness among law enforcement officers which is thwarted by the estrangement or isolation.  This comes with individual officer discipline, e.g. suspension, or some other factor pushing him/her out that can be isolating and evoke feelings of thwarted belongingness according to Thomas Joiner (2009). Social alienation is a powerful emotional dynamic that results from the experience of being estranged from a core group of supportive friends, colleagues, and immediate family. This occurs in many ways including change in social reciprocity and reduced exposure to primary interpersonal ties resulting in powerful feelings of loss and growing belief of being a burden. This may be the result of disciplinary actions toward the officer, on-the-job injury, or departmental requisite following officer-involved use of force. 
Embitterment has large implication on LEO productivity, career satisfaction, job performance, citizen complaints, and officer health. It grows slowly as a function of career experience perceived support, and critical incident debriefing and peer support are vital to officer longevity.  Mentoring in the field and supervisory support reduce officer isolation and sometimes powerful feelings of negativity that can fester over time according to Polizoti, 2018.  Ostensibly, resilience is the opposite of embitterment. Have you ever worked with someone who rolled with the punches – literally and figuratively?  They can have felony cases dismissed in court and remain nonplussed maintaining a positive attitude and a “better luck next time” belief system.  
Lethal Self-Injury – Acquired Ability
The final risk factor involves a gradual desensitization to pain and human suffering according to Joiner (2009). Over time, exposure to repeated violence, homicide, intimate partner violence, and other “salient fearsome experiences”, the self-preservation instinct gradually disintegrates into a residual fearlessness in the face of life threatening danger and an acquired capacity to ignore the horror and humility of violence with a higher tolerance of pain and substantive capacity for suicide (Joiner, 2007).
Joiner believes that the capacity for suicide is acquired over time from the repeated exposure to trauma such that the reaction to horrific traumatic events, e.g. domestic homicide, loses the ability to evoke a normal emotional response and habituates to a decreased emotional reactivity, a higher tolerance for pain, and a fearlessness in the face of death. Given this proclivity toward feeling “numb” in the face of high levels of violence, over time researchers look for protective factors such as reducing isolation and more frequent debriefing after every critical incident rather than wait until LEO coping goes the way of attachment and perceived support. 
References
Sadulski, J. (2017). Promoting Police Resilience through Peer Support. Law Enforcement. Blog post taken November 20, 2018
Joiner, T. (2009). The Interpersonal-Psychological Theory of Suicidal Behavior: Current Empirical Status. Science Briefs, APA, June.
Polizoti, L. (2018) Critical incident resilience training. Personal correspondence, September.
 



Protection from abuse: the role of social media in the reduction of safety

Michael Sefton, Ph.D. domestic violence, domestic violence homicide, DVH, Human Behavior, terminal rage , , , , , , , ,
WESTBOROUGH, MA March 20, 2018  Greater protection of victims of domestic violence is needed.  When provisions for a plan of safety are executed victims are expected be afforded greater safety but not always. Domestic violence victims are at greatest risk when they make the decision to leave a violent partnership.  This often means having a safety plan – especially when specific threats have been made. Safety plans are often drawn up by women in conjunction with counselors who specialize in helping families stay off the grid and hidden from violent spouses.  In one case of familial homicide and suicide it was clear that the commonalities needed to be exposed among cases of familial homicide.
In particular, when I teach law enforcement officers about DVH,  I encourage detailed witness statements much as possible especially if the victim described the fear and belief that she will one day be murdered by her partner. These documented statements, if spontaneously uttered, are often the greatest predictor of potential harm to victims and her children. If written into a police report the decision about dangerousness and bail may be influenced.
In the 2011 homicide from Maine, Steven Lake used social media to track his wife and 2 children from whom he was mandated to stay away.  Yet, if his wife posted a photograph of his children he went to great lengths to undermine their safety by identifying anyone who “liked” the photo or commented on it. He used these posts to triangulate her whereabouts and living arrangements.  This was a large part of what marginalized Stephen Lake and in turn Lake posted his own propaganda espousing his loneliness and love for his children. Lake garnered significant support from those social media “friends” who knew nothing about what he had done to require the protection from abuse order. Many, in fact, encouraged him to fight for his children which may have been a catalyst in his festering resentment and ultimately terminal rage. He was provided information and access to his wife’s social media platforms by a family member.  For her part, Lake’s wife wanted to remain close to her in-laws in an effort to normalize her children’s life as much as possible. For example  Lake’s parents were invited to the family’s thanksgiving celebration but declined because Steven Lake could not attend.
Similarities in domestic violence
Cases of domestic violence have similarities across socioeconomic status, ethnic and cultural background, and the cycle of abuse. The growth of social media platforms affords those inclined to control and isolate intimate partners from persons who might provide them security. Cases of domestic violence share the common theme of intimidation, coercion and control.  Social media are a fun and useful medium to keep in touch with friends and family.  But it is also lends itself to sometimes nefarious trolling to gain a perceived advantage in undermining the safety plan. Social media trolling contributes to the control they seek especially when victims seek protection.  In order to limit the impact of social  media stalking victims need to shut down all social media accounts and activity. Greater protection of victims and family members requires a comprehensive plan with provisions for times when they are violated – including mandatory arrest, risk assessment and no bail containment if deemed necessary.
“That is one conclusion of four former and current police officers in a recently released report. The men, who were volunteers and had no connection to the shootings, spent the last several months interviewing 69 people about the triple homicide and suicide in Dexter in June, to suggest ways to prevent future tragedies.” Portland Press Herald, November 11, 2011
The Psychological Autopsy report suggests improvements that may prevent future domestic violence homicides:
• Use of social media platforms by people involved in conflicts should be minimized, to prevent intimidation and stalking.
• Protection-from-abuse orders and bail conditions should mandate disclosure of all firearms that are accessible to the domestic-violence offender.
• An offender who seeks, hides, uses or attempts to acquire a gun or ammunition when a protection-from-abuse order is in place should be charged with a felony and not allowed bail.
• Bail amounts should be high enough to deter abusers from violating a protection orders.
• When a protection order violation involves a deadly threat, a judge should set bail, not a bail commissioner.
• Global positioning systems should track abusers during periods of protection orders in any incidents that involve deadly threats or evidence of weapons.
• At least two officers should be sent to all domestic-violence calls when officers suspect violence is likely.
• At-risk spouses should be advised to live in as secure an environment as possible, with deadbolts on doors, secured windows, motion sensor lights and a land telephone line.
• People charged with domestic violence crimes should not wait more than a year to go to trial.
The safety of potential victims including children is the penultimate goal of protection orders but too often they are ignored via stalking efforts that include using social media to track the activities of an estranged spouse.  This overt defiance requires careful analysis and requires the arrest of the violator.  Once this takes place a dangerousness hearing must take place before he or she is released but this rarely takes place.

Domestic Violence Review – When Containment Fails

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence, domestic violence homicide, DVH, Human Behavior, terminal rage , , , , ,

Domestic Violence Review – When Containment Fails

 WESTBOROUGH, MA February 15, 2018  The fact is that greater containment of high risk abusers is needed.  I have spoken with police chiefs, district attorneys, and state senators here is Massachusetts about conditions of bail. Whenever someone is arrested he or she is given the opportunity for bail – usually on his own recognizance. This means he simply promises to show up for his initial court hearing usually in the next 24-48 hours.  Unfortunately, no one seems to believe that a person can be held on “high bail” simply because one subject held his family hostage and threatened them with a firearm or another person tried to strangle his intimate partner.

 

im_cycle
 

Power and control – Cycle of abuse

 

The system of bail is directly related to a defendant’s prior history of crimes, convictions, and lastly, the nature of the crime for which he is seeking bail.  The cycle of abuse is posted to the left. It is all about power and control of the victim. On average, police are called after 9 prior episodes of abuse. In general, they arrive when the couple is in crisis and he may be feeling guilt and making excuses for his behavior.  Or other times, the couple is in the honeymoon phase of the cycle and one partner invariably refuses to press charges on his partner.  This is what really infuriates police officers called upon to answer these potentially violent calls. “It was all a big misunderstanding” according to the dangerous partner.
I have posted several essays over the years on the topic of “dangerousness” in terms of it being considered prior to the granting of bail.  The June 2011 case in Maine culminated after the abuser was released from jail on $ 2000 dollars bail. After his death the money was returned to his family.  Some district attorneys have tried to withhold bail money when the defendant fails to appear in court due to death by suicide after domestic violence homicide (DVH).  For many this seemed like a draconian response to families who were in pain and suffering immeasurable.
“Many believe there is a disconnect between the judiciary and the bail system.” Sefton, 2011

What can be done to assure greater containment?

Containment refers to the need to protect a potential victim and his or her family from a violent often marginalized family member who is showing red flags of impending terminal rage.  A Domestic Violence review panel conducted in June 2011 concluded that “there is nothing society can do for a despondent, abusive spouse whose obsession overrides the norms of society – even his will to live”.  If we believe this then we will erroneously surrender innovation in domestic violence prevention and harm reduction.  When high-ranking prosecutors say domestic violence homicide cannot be prevented society is cheated out of taking steps toward containment of those who may violate protection from abuse orders.  Lois Reckitt, executive director of Family Crisis Services in Cape Elizabeth, ME is quoted as saying that the wrong people are in jail when violence-prone abusers are released from custody to stalk and terrorize their family, as was the case in the Dexter, Maine tragedy in 2010.  Containment and harm reduction should be the focus of the legal system and social service agencies alike.  The judiciary and political machinery in states throughout America must speak out about protecting victims and families and not say there is nothing that can be done to stop DVH.
Sefton, M. (2011). Domestic violence and domestic violence homicide. Blog post http://enddvh.blogspot.com/2011/10/domestic-violence-review-when.html Taken January 16, 2018

Public Awareness Needed for Meaningful Jail Diversion

Michael Sefton, Ph.D. career criminal, crisis intervention, Dangerousness assessment, domestic violence, DVH, Human Behavior, Police officer behavior , , , , , , ,

teachinginprison

“If mental illness drives the violent behavior than all weapons and substance use must be carefully controlled and eliminated.” Sefton, 2017

Westborough, MA December 21, 2017 Jail diversion is a hot topic across the country even here in Massachusetts. Since July, 2017 the Massachusetts Legislature has passed sweeping changes in the Criminal Justice System.  Locally and across the country, the numbers of persons incarcerated for minor offenses and drug crimes has grown in some cases exponentially. Many of these individuals have mental illness or drug abuse in addition to their criminality. The interaction between poly-substance abuse or dependence and exacerbation of underlying mental health symptoms is complex and multifactorial. The interaction of the two is sometime lethal as reported by the Globe Spotlight team It is the focus of mental health advocates and criminal justice experts nationwide as it pertains to jail diversion, alternative restitution and reduced police use of force. In Massachusetts, there is a move away from mandatory minimum sentences for all drug crimes except for those involving the sale and distribution of narcotics. Arguably, the impact on behavioral functioning when persons are gripped with co-occurring illness, such as alcoholism, is a recurrent problem for law enforcement and first responders. I have written about the impact of co-occurring illness such as alcoholism on mental and behavioral health is previously published posts here on Word press Human Behavior (Sefton, 2017). It is difficult to uncover which comes first – the addiction or the diagnosed mental illness and yet these are inextricably linked in terms of the strain on public resources and health risk to those so afflicted. Why is this important?

The importance of treatment for substance dependence and mental illness cannot be understated as violent encounters between law enforcement and the mentally ill have been regularly sensationalized. The general public is looking for greater public safety while at the same time MH advocates insist that with the proper treatment violent police encounters may be reduced and jail diversion may be achieved. The referral and treatment infrastructure needed to provide a continuum of care in this growing population is available in very few places across America.

Yet in places like Bexar County, Texas – including San Antonio and 21 other towns or cities – the county jail population has dropped by over 20 percent as a result of crisis intervention training for police officers and mobile mental health teams to intervene with those in crisis. I have seen this for myself during a visit with the San Antonio Police Department where I rode with two members of the Mental Health Unit – Officers Ernest Stevens and Joseph Smarro. These men are exemplary in their assessment and intervention skill for keeping identified subjects off radar screens and out of the revolving door of the county jail.  It takes ongoing training, medical and psychiatric infrastructure, community compassion, and active engagement with members of the community to fly under the radar and effectively reduce the jail population. When necessary those most in need must have 24-hour availability for detoxification, emergency mental health, and access to basic needs such as food, clothing, and medicine. In San Antonio, they offer so much more including pre-employment training, extended housing, interview preparation including clothes, and opportunity for jobs.

The unpredictability of behavior by those who carry a “dual” diagnosis has emerged as a confounding factor in the criminal justice system raising the specter of frustration over the limitations within the system. Jail diversion programs and treatment options are needed in order to retain public safety goals and provide for needs of the mentally ill and substance dependent. In Massachusetts, cities and towns are grappling with how best to intervene with the mentally ill in terms of alternative restitution for drug-related misdemeanor crimes in lieu of mandatory jail sentences that many crimes currently require. The Massachusetts legislature has taken up Criminal Justice Reform and passed a bill in late 2017 making changes in the mandatory minimum sentencing laws.  Some believe, as much as 20-40 percent of all incarcerated persons suffer with mental health diagnoses and are not getting the treatment they require. To provide a bare bones system would add billions to state and federal dollars spent on the needs of inmates at a time when measurable outcomes for in house care are limited.

In my practice, I see many cases of co-occurring pain syndromes with other physical debilities such as stroke or traumatic brain injury. Some of these cases are substance dependent and live lonely, chaotic lives.  Generally the emotional impact of two or more diagnosed illnesses yields a greatly reduced capacity for adaptive coping and puts a great stress on the individual system. The importance of addressing co-occurring substance abuse or dependence is now well recognized and with treatment can result in healthy decision-making, growth in maturity, and greater self-awareness. If legislators have a serious desire to reduce statewide numbers of incarcerated persons a comprehensive plan must be considered for both pre-arrest and post-arrest. Programs greater understanding of addiction and added treatment options must be explored through a joint public and private initiative.

Mental and Physical Health Screening

At time of arrest the individual must have some level of mental health assessment if mental illness is suspected or documented. When I was a police officer prior to 2015 we often asked the D.A. to provide a court clinic assessment of the suspect to rule out suicidal ideation or delusional thinking. This must also include a screening for dangerousness especially when a subject is arrested for intimate partner abuse. Next a health history questionnaire should be undertaken to screen for co-occurring illness – both physical and mental. If a diabetic suspect is held without access to his insulin he is at great risk of death from stroke. Similarly, a person arrested for assault who suffers from paranoid ideation is at greater risk of acting violently without access to psychiatric medication. Finally, an alcoholic brought to the jail with a blood alcohol level greater than 250 is at great risk for seizures and cardiac arrhythmias when delirium tremens begin 6-8 hours after his last drink. The risk to personal health in each of the scenarios above must be taken seriously and the obtained data should be factually corroborated. Police departments across the United States are pairing up with private agencies to provide in-house evaluation and follow-up of individuals who fall on the borderline and may not be easily assessed by the officer in the field.

Diversion Safety Plan with Mandated Revocation

Next, the probation and parole department must obtain an accurate legal history prior to consideration for bail. A nationwide screen for warrants and criminal history based on previous addresses is essential. In many places these are being done routinely. In the case of someone being arrested for domestic violence he may have no convictions thus no finding of criminal history. For these individuals the dangerousness assessment may bring forth red flag data needed for greater public safety resulting in protection from abuse orders, mandated psychotherapy, and in some cases, no bail confinement when indicated. Releasing the person arrested for domestic violence without a viable safety plan increases the risk to the victim and her family, as well as the general public – including members of law enforcement.

Bail, Confinement, Mandated Treatment

There is some thinking that higher amounts of bail may lessen the proclivity of some offenders to breach the orders of protection drafted to protect victims and should result in revocation of bail and immediate incarceration when these occur. Mandated treatment may be more successful when legal charges are held as leverage where after 6 months of sober living and regular attendance at 12-step recovery meetings charges can be dismissed or modified to each individual case.  This takes a complete overhaul of the front end of criminal justice system and requires buy-in by judges, district attorneys, and individual family members.

When it comes lack of compliance and repeated domestic violence, I have proposed a mandatory DV Abuse Registry that may be accessed by law enforcement to uncover the secret past of men who would control and abuse their intimate partners. This database would also include information on the number of active restraining orders and the expected offender’s response to the “stay away” order. In cases where the victim decides to drop charges there should be a mandatory waiting period of 90 days. During this waiting period the couple may cohabitate but the perpetrator must be attending a weekly program of restorative justice therapy, 12-step recovery and substance abuse education. Violations of these court ordered services are tantamount to violation of the original protection order (still in place) and victim safety plan and may result in revocation of bail. If the waiting period passes and the perpetrator has met the conditions of his bail than he may undergo an “exit” interview to determine whether or not the protection order / jail diversion plan may be extended or whether he/she has met all requirements.  In any case further police encounters will be scrutinized and prior charges may be re-instated or filed as needed.

Michael Sefton

Sefton, M. (2017) Human Behavior Blogpost: https://msefton.wordpress.com/2017/03/30/police-are-building-bridges-and-throwing-life-savers/ taken December 10, 2017