DVA, VPO...What does it all mean?

Domestic violence has literally become a pandemic in our community, if not our society as a whole. The Victim Protection Order "VPO" process is one tool by which victims may seek relief. However, the victim must always remember: it is only a piece of paper. Unfortunately, it cannot stop bullets, knives or fists. In the past, one could bring a VPO against almost anyone - even a neighbor for a petty dispute that unnecessarily usurped judicial resources desperately needed to deal with serious cases of domestic violence. More recent changes in Oklahoma law require a specific relationship, i.e. married, formerly married, biological parents of the same child, dating, formerly dating, living together, formerly living together, biologically related etc.) before a VPO can be sought. There are a couple of exceptions - one of which is stalking, but it requires more than a single incident and requires a police report.

While the legislative changes are laudable, there are still individuals who seek to use the VPO process to gain tactical advantage in divorce and/or custody proceedings. Domestic judges are left in the precarious position of determining, during a very short hearing and with little concrete evidence, whether the alleged victim is in danger or is a charlatan. When there is actual evidence of domestic abuse, specifically physical violence, judges will grant a VPO - an order requiring the alleged predator to stay away from the victim and not to harass or otherwise interfere with him/her in any way (often times the order will include children - which is why there are some who seek to abuse this legal tool as a means of eliminating an opposing parent's visitation). However, the law allows - indeed specifically provides - a judge the opportunity to require an alleged predator to submit to a Domestic Violence Assessment (DVA) and/or Drug and Alcohol Assessment and report back within a specific time. Regrettably, this option is not used frequently enough - it often seen as more work and clogging the docket. If one is ordered to reappear on a date certain with a DVA, but fails to do so then he/she can be held in "indirect contempt of court" for failure to obey the court's order and thereafter the judge can issue a bench warrant. Once picked up, the insolent individual would then have to post a bond, previously set by the judge when he/she issued the bench warrant, or purge by getting a DVA.

In cases where there is no underlying action, i.e. no pending divorce or paternity proceeding - because in those cases a VPO can be granted and the assigned judge can thereafter manage the action, and in which there is actual evidence of domestic violence, judges should require a DVA and hold those who arrogantly fail to comply in contempt. To do anything less is to turn a predator back out into the community. Even if the predator obeys the VPO - which we all know is not exactly normative in 100% of the cases - unless the predatory behavior is addressed at it's genesis, i.e. getting a DVA and being forced under threat of jail to attend DV training/education, there is an almost complete certainty that the predator will simply turn someone else's daughter or sister into a victim.

The real focus of domestic violence reform needs to be on children - children who are victims have a much higher rate of being adult predators and victims. It is often too late to change in a permanent and meaningful way, the adult predator's conduct. Pains and dysfunctions suffered by that person from childhood through the present are usually the multiple and complex root of their unacceptable conduct. While we should not stop protecting victims or attempting to re-train and educate predators, we must focus significant resources and attention on depriving both victims (who teach, by example, others to be victims) and predators from creating the next generation. Now *THAT* would be a meaningful effort at addressing the domestic violence pandemic insidiously invading our community.