Orders of Protection – Underpinning the Good Safety Plan

Many cases of domestic violence (DV) result in an order of protection being issued.  The protection order is based upon the personal report of the victim which is substantiated by police report and perceived risk and may be implemented 24 hours a day. The approval of a court judge or magistrate  is generally required for its issuance. This order requires that the abuser “stay away” from the victim and is based on the totality of circumstances presented to a district or family court judge at the time of arrest.  Police officers use report narratives to construct the details of the protection from abuse (PFA) or restraining order (RO).  Different states utilize differing nomenclature to define what is the substantive court directive that provides the underpinning of a victim safety plan. They are granted on an emergency basis for 24-48 hours and are sustained for up to 6-12 months following a review by the court.
What happens between the time the initial PFA is granted and when the victim is expected in court to chronicle his or her intimate partner violence is often a mystery.  Victims often fail to show for the initial hearing that allows the initial PFO to go away.  Why? In some cases they become intimidated by their violent spouse who has made promises to straighten up and fly right. This is the core dynamic of intimate partner violence and it is well-described in these pages and elsewhere.
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“Domestic violence is not random and unpredictable. There are red flags that trigger an emotional undulation that bears energy like the movement of tectonic plates beneath the sea.” according to Michael Sefton (2016).
In all states a protection order requires that no contact be made via telephone, through acquaintances, text messaging, or in person.  By violating a PFO requires that law enforcement make an arrest of the person in violation. This information becomes the grist of the underlying risk to the victim.  The marginalized abuser sometimes becomes obsessed with his loss of control and may take to cyber stalking in order to keep tabs on his partner.  As just mentioned any violation of the protection order renders the abuser subject to arrest and should require a high amount of bail before he is released from jail.  This is rarely the circumstance as violators easily make bail ironically blaming the victim as the root cause of the marital strain. These are the hubristic remarks of building tension and frustration described in the cycle of violence.
It is important to note that social media has given abusers extra means to “creep” into the privacy of estranged spouses without detection.  It played a significant role in the domestic violence homicide according to the psychological autopsy report of the Dexter, Maine homicide/suicide in 2011 (Allanach, R. et al., 2011).  Social media may also be used to intimidate and unfairly influence friends and family.
Bail amounts differ from state to state and sometimes even from county to county within a single state. The amount of bail should be high enough to inconvenience and deter the abuser from being tempted to coerce and manipulate his victim and family.  Most often the bail amount is low and inconsequential to the abuser who often has no criminal record.  However, changes in bail conditions and risk assessment must be integrated into orders of protection – especially when a single abuser has had more than one PFO filed against him. This sets the stage for measuring the degree of violence one might expect as the abuser becomes further marginalized and feels his control over the victim begin to collapse.  “Someone with a history, particularly a continuing history of violence, can be presumed to be dangerous.” according to Frederick Neuman, MD.
The order of protection belies the fundamental safety plan that is crafted by police and domestic violence experts and is designed to prevent further victim injury or death.

Sefton, M. (2016) Blog post: DVH in MA: 4 year old child begs his father.  https://msefton.wordpress.com/2016/10/02/dvh-in-ma-4-year-old-child-begs-father-not-to-murder-his-mother/. Taken 8-20-2018

Allanach R. et al., (2011). 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.

Neuman, F. (2012) Is it possible to predict violent behavior? https://www.psychologytoday.com/au/blog/fighting-fear/201212/is-it-possible-predict-violent-behavior?collection=113345

The Agony of Releasing a Murderer

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Albert Flick is led out of the courtroom following his initial appearance in the Androscoggin County Court house in Auburn Wednesday morning. (Russ Dillingham/Sun Journal)
 
There is no pleasure when a parole board must decide on whether to release or not a man who violently murdered his wife. Especially the case of Albert Flick – arrested in Westbrook, Maine in 1979 and convicted of the brutal murder of his wife. Mr. Flick asked not to be released perhaps out of some inner sense of foreboding and primal instinct of things to come – if such a thing exists among killers. He is a wolf in sheep’s clothing -underneath he is ravenous.
Fast forward to Sunday July 15, 2018 Albert Flick who had been released from jail for committing the violent murder of his wife again killed a woman with whom he had an infatuation. He had been stalking her for weeks prior to her murder.  He followed she and her two little boys from place to place in Lewiston, Maine.  She had an inner sense that he was dangerous but was fearful of going to the police at the time of her death. Yet she had spoken to friends about her worries. What may have prevented the victim from calling police when she first noticed Mr. Flick was stalking her? Why was she fearful of the very people charged with preventing violence? What may have happened if she had notified the officer on her beat? Or a police officer walking in her neighborhood?
The answer is that Mr. Flick would have had a visitor that in all likelihood would derail his infatuating behavior. If not, he would have had is parole revoked as it should have rightfully been done.  I was a police officer in Westbrook, Maine when Flick murdered his wife in 1979. I was on duty when the call came in to the station but as a junior officer was not dispatched to the scene. The scene was horrific even by todays standards of violence. Nevertheless, the case is well know to me as I later worked closely with the arresting investigator Ron Allanach and his partner Wayne Syphers – both exemplary career law enforcement officers.  Ron went on to earn his doctorate in counseling and was Chief of Police for 8 years at the end of his career in Westbrook. Both men were instrumental at convicting Albert Flick.  Flick is shown in the 1979 photograph below being taken to court in Portland by Detective Syphers who made a heroic effort to save the life of the victim. The female victim ultimately died in his arms in 1979.  Albert Flick should have remained in jail for life and many in law enforcement who remember the case are agonizing over  his release after serving 20 years.
“Clearly, probation is not working. … At this point, I just don’t know what else to do. I think there’s a huge safety risk to women and society when it comes to Mr. Flick.” Prosecutor Katherine Tierney, 2010
WayneSyphers and Flick
Albert Flick with Det. Wayne Syphers (right) at Cumberland County, Maine trial in 1979
Flick was known for a proclivity for violence against women. After being released from his murder conviction Flick was arrested for chasing an intimate partner with a screw driver with intent to due harm. There would be other charges and other arrests that were red flags for the underlying anger he felt toward woman.  A group of us will reach out to Mr. Flick in the coming months for a sit down.
The female victim, Kimberly Dobbie, in this 2018 Lewiston, Maine case had felt threatened by Flick. Her instincts were keen as it related to his potential for violence against her. But she told only her friend and no one else.  She was 30 years his junior and had spurned his love interest. She had twin children who were present during the despicable killing and are traumatized having witnessed their mother’s death. In his book “The Gift of Fear“, Gavin deBecker espoused the value of trusting our primal instincts as they pertain to our personal safety.
Flick had been in and out of prison for crimes involving intimate partner violence and intimidating female witness who were courageous in coming forward against Flick. At some point he himself reported asked to be kept in custody.
“You can’t say that nothing can be done, because nothing will be done,” said Michael Sefton, a former Westbrook police officer who now works in Massachusetts for the New Braintree Police Department.
Keep Me Current, 2011
The judge who authorized Flick’s release is retired from the bench but his stated opinion for releasing Flick was that “he had aged-out and was no longer criminally inclined” yet he himself asked to remain behind bars.  Why?
Technically this was true, Flick no longer fit the stereotypic picture of a repeat murderer.  He was older and physically growing infirm.  Most men who commit domestic violence homicide do not recidivate once released from prison especially those over the age of 70.  While researching a case of family murder-suicide, I have spoken to a man who served 18 years for strangling his wife who was released and became a model citizen and amateur photographer. He published a book of his photographs that were quite good – even sensitive.  This man was not a risk and was somewhat younger than Flick.  So by all reasonable judicial standards Flick was considered a low-risk release. Probation would keep him in line.  Not so fast, information was available from his first release that included repeated violence against women raising a red flag of potential violence in the future.  Plus the horrific nature of the stabbing murder in 1979 was not a factor in the release conditions once he had served his time. Finally, there is also information that suggested that Mr. Flick did not seek his own release as reported above. He may have been institutionalized with the simmering anger he himself expected would again leach from his despicable soul.

Maine to Consider “Red Flag Law”

WESTBOROUGH, MA April 25, 2018  Maine is the latest state to consider a so-called red flag law. It would let family members or law enforcement officers petition a judge to take away a “high risk” person’s firearms temporarily, if the judge determines the person poses an imminent risk. In a recent post I describe the updated terminology for individuals who are a potential threat called Gun Violence Restraining Orders.  The proposed action would allow law enforcement to remove the firearms of people who are known to be threatening or physically violent toward intimate partners.  “Felons, the dangerously mentally ill, perpetrators of domestic violence – these people have demonstrated their unfitness to own a firearm” said David French, 2018.  In cases such as these police have reasonable cause to disallow gun ownership based not on prior conviction but on the elevated risk to potential victims.
Here in Massachusetts, in August 2013 I published a blog after the death of Jennifer Martell who was murdered in front of her 4-year old daughter by Jared Remy, son of Red Sox broadcaster and former player Jerry Remy.  The younger Remy had received one break after another some say linked to his celebrity father’s influence.  He was never held until a dangerousness hearing could be undertaken.  Had this been done Ms. Martell may be alive today. In 2011, Stephen Lake murdered his wife and children after he was kept from attending his son’s 8th grade graduation.  Lake had exhibited several red flag warnings prior to the murders.  In spite of these he was not held nor were his firearms removed from his control Allanach, et al. 2011.
Several states have debated similar red flag laws in the wake of the school shooting in Parkland, Florida. Supporters argue a red flag law could have prevented the Parkland shooter, but some gun owners say it’s an overreach that threatens their 2nd Amendment rights.
Like many states in the U.S. Maine has more than its share of calls for domestic violence and domestic violence homicide.  “All law enforcement personnel who respond to incidents in which an individual’s mental illness appears to be a factor receive training to prepare for these encounters; those in specialized assignments receive more comprehensive training. Dispatchers, call takers, and other individuals in a support role receive training tailored to their needs.” Communication between members of a response team with awareness and understanding of red flag warnings will reduce the impact of coercion and control that belies the secretive relationships between intimate partners.  It will also bring to light the need for danger assessment and containment of people who are high risk for violence as in the case of Jared Remy in Massachusetts and Stephen Lake in Dexter, Maine.

Red Flag Warnings (2018) https://www.necn.com/news/new-england/Maine-to-Consider-Red-Flag-Law-478687253.html Taken 4-4-18
Allanach, R.A., Gagan, B.F., Loughlin, J., Sefton, M.S., (2011) The Psychological Autopsy of the Dexter, Maine Domestic Violence Homicide and Suicide. Presented to the Domestic Violence Review Board, November 11, 2011

Intimate Partner Violence

“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”, according to the chief medical examiner in Maine following the 2011 domestic violence homicide in Dexter, Maine. Red flag behaviors are those that give off clues to the degree of risk posed to victims who have been abused. The abuser in this tragic case exhibited quite typical behaviors that raised the degree of risk to the victim exponentially. Some police officers verbalized a fear for the victim well before she was murdered by her husband.

Police and domestic violence experts need greater understanding of pre-incident behavior and red flags. These factors then become decision points for prosecutors who must decide conditions of release, including bail. The case described in Maine was researched by a team of current and former police officers with experience and training in domestic violence (Allanach,R., Gagan, B. Laughlin, J., Sefton, M. 2011). The findings of this research was published in a report of Psychological Autopsy of the Domestic Violence Homicide in Dexter, Maine submitted to the Domestic Violence Homicide Review Panel in Augusta, Maine in November 2011.