Sunday, January 24, 2010

Salina, KS: Seeking Protection

1/24/2010

By ERIN MATHEWS, Salina Journal

The phone at Michael Mason's house rang first thing on the morning of Oct. 8 with sobering news.

His grandpa -- Charles R. Losey -- and a co-worker had been shot by the co-worker's ex-husband, his mom said.

Mason, who said he knew Grandpa to be exceedingly tough and able to fix just about anything, expected him to pull through. It wasn't until he got to the hospital that his hopes faded.

"This man who all my life has been the strong one -- the person who couldn't be hurt -- was lying there having a hard time staying alive," Mason said. "I couldn't hardly fathom it."

That day, Losey, 48, became one of the 34 adults and 14 children murdered in Kansas in 2009 as the result of domestic violence, according to preliminary Kansas Bureau of Investigation statistics.

Since that day, Mason and his wife, Jean, have been working to raise awareness of just how widespread of a problem domestic violence is and to promote changes in the law that they believe would prevent deaths.

They have organized a rally, planned for 2:30 p.m. Saturday at Salina Heights Christian Church, 801 E. Cloud, to be followed by a candlelight vigil in memory of domestic violence victims. Those attending are encouraged to bring photographs of friends or family members lost to domestic violence.

"Every now and then you get a sign, and you know what you need to do," Jean Mason said. "It's been special for us to be involved in this as much as we can. People from other places in Kansas and around the United States are very passionate about this issue. There's definitely a desire to see something done."

Domestic violence is taking a heavy toll. The KBI estimates a domestic violence crime is committed in Kansas every 23 minutes, and a domestic violence murder occurs every 21 days.

The Masons want to see that stop.

They have collected about 300 signatures so far on petitions being distributed in Salina and online at http://go petition.com/petitions/putting-a-stop-to-domestic-violence.html.

The petition focuses on strengthening one of the legal remedies available to victims of domestic violence -- a civil protective order.

Rosa Gomez, Losey's co-worker who also was killed, was among the more than 450 women and men who sought a protective order last year in Saline County District Court.

The orders prevent someone from hurting or stalking them. Court records indicate Gomez had been stalked by her ex-husband, Mario Chavez, long before the day authorities say he followed her to work and shot her and Losey.

The Masons believe the current sentence of up to six months in jail for violating a protective order is not enough of a deterrent. They want to see sentences increased to 18 to 36 months, increasing in severity for each offense, with victim notification upon release. They also want offenders on probation to have required counseling and job placement assistance and to have their weapons and ammunition confiscated.

For some, PFAs work

For Gomez, the protective order ultimately failed, but for others they are beneficial, said Andrea Quill, executive director of the Domestic Violence Association of Central Kansas, Salina.

Protective orders are available to people who fear harm from someone. For many, they prove to be a "useful tool" in ending or preventing abuse by giving them legal protections, Quill said. However, it doesn't provide for a 24-hour bodyguard, Quill said.

"It can't guarantee your safety," Quill said. "We let victims know that up front."

Studies show that protective orders can be effective in reducing abuse, threats and the fear of harm experienced by victims of domestic violence. Those who are served with a protective order risk arrest and jail time if they violate it.

"With that paper comes law enforcement and legal consequences," said Salina Deputy Police Chief Carson Mansfield. "They're very powerful for legal remedies after the fact and for people who think rationally. They're a deterrent, not a preventative."

Mansfield said if Salina police receive a report of a violation of a protective order and have probable cause, the offender is arrested and referred to court.

"We try to have quick enforcement of them so that there is an immediate negative consequence of violating the order," he said. "Hopefully, that will modify the person's behavior."

For many victims of abuse or stalking, protective orders bring justice.

Important civil remedy

"There is no question in my mind that the protection order is a very important civil remedy for people who are victims of domestic violence," said Maureen Sheeran, director of the family violence department for the National Council of Juvenile and Family Court Judges.

About 1.2 million victims nationwide receive protective orders each year, Sheeran said. In Saline County, 283 petitions were filed last year seeking protection from abuse orders and 173 sought orders for protection from stalking.

Joyce Grover, general counsel for the Kansas Coalition of Sexual and Domestic Violence, said in a good percentage of cases violence is significantly reduced by protective orders.

Protective orders are one of a range of options to be considered when a person seeks to escape an abusive relationship, Grover said. Each situation is different, and victims of abuse or stalking are usually the best judge of what actions to take to protect themselves or their children, she said.

"If she says, 'If I get a protection order, I just know he's going to kill me,' then that's probably not the first step to take," Grover said. "A lot of victims decide to relocate. That's one piece of what might be available."

There's a risk involved

Quill said DVACK assisted 741 victims in a 10-county area with filing a petition for protection from abuse or stalking in 2009. She said not all of the 1,025 victims served last year thought a protective order would be a good idea in their situation.

"There's a risk involved in filing a protection order," she said. "It can make an abuser more angry and the situation can become more dangerous."

Having a protective order "doesn't mean you can let your guard down," Grover said. "You need to have a safety plan."

Leaving a packed suitcase with a friend and keeping emergency money and extra car keys handy are some of the steps recommended by DVACK, Quill said. She said on average a victim of domestic violence leaves an abuser seven times before he or she stays away for good.

Just playing the system

Court and jail records show that Gomez' ex-husband, Chavez, had been arrested three times in 2008 for violating a protective order before he was sentenced to seven months in jail in August 2008. The sentence was suspended, and he was placed on supervised probation, which he successfully completed about three months before the murders.

Grover said multiple arrests for violations indicate an offender who is "playing the system."

"Protection orders are effective, but there are times where you see a perpetrator blatantly violate an order, and you know a court order isn't going to do it," she said. "You need to get him off the street."

She said the key to making protection orders effective is an immediate, coordinated response from law enforcement, prosecutors, community corrections officers and victim service providers when someone violates an order. Abusers must have a fear of the consequences of their behavior, she said.

"The most important thing around protection orders is that there be a very strong and immediate community response when there are violations," Grover said. "Where there's a protection order issued, that entire community needs to take it very seriously."

There are some options

A domestic violence task force formed this past summer is taking a look at whether new enforcement techniques or changes in prosecution are needed in Salina, Quill said. Grover said some options local law enforcement could consider would be having officers follow protection order violators or enforcing a federal law that prohibits people who are subjects of a protection order from possessing a weapon.

The task force, which includes representatives of court, law enforcement and domestic violence advocacy organizations, is working to help victims and reduce the recidivism rate for those convicted of domestic violence.

"That's the great thing about Salina," Quill said. "The community as a whole is working toward the same common goal, and that's victim safety."

nReporter Erin Mathews can be reached at 822-1415 or by e-mail at emathews@salina.com.

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