The accused murderer of Tiana Notice is on trial in New Britain. Notice is dead, despite her rigorous utilization of a system meant to protect her.
Notice, a University of Hartford student, was a semester away from her master's degree in communication. She was stabbed to death outside her Plainville apartment on Valentine's Day 2009 — just five weeks after obtaining a civil restraining order against the ongoing trial's defendant, James Carter II, Notice's former boyfriend. In fact, hours before she was attacked, Notice had talked to police about emails she suspected were sent by Carter.
According to reports, Notice, who'd considered a career in law, also carried pepper spray, and, after her car tires were slashed, installed a surveillance camera at her home. Yet she became one of 12 domestic violence victims murdered in Connecticut that year.
So far this year, there have been 11, according to the Connecticut Coalition Against Domestic Violence.
So what are we doing wrong?
Roughly 30,000 protective orders and 7,500 restraining orders are issued annually in Connecticut, says the coalition. A protective order is issued in criminal court after a family violence arrest. A restraining order is issued by the civil court, and can last for six months. A judge must sign the order and it can last up to six months — at which time a victim can reapply for another order. A civil restraining order, in general, makes criminal any contact by an abuser, be it by phone, in person, or via email or texting. The order may include family members, as well.
Common wisdom says the orders are worth nothing more than the paper they're printed on. Law enforcement agencies do not necessarily share information with one another, and the punishment for violating such orders is negligible. When the state Office of the Victim Advocate looked at Notice's death, among other recommendations was the suggestion that violations draw swift response from law enforcement.
"You will have different departments with different methods of handling situations," said Karen M. Jarmoc, Connecticut Coalition Against Domestic Violence interim executive director. "There's no consistent response."
Jarmoc is co-chair of a legislative task force that's discussing how to strengthen law enforcement's response to domestic violence. They're looking at strengthening protective and restraining orders, as well as examining Connecticut's high rate of dual arrests in domestic violence cases.
"One of the major problems with dual arrests is the ramifications toward the victim," said Cecile Enrico, Interval House executive director. "They're not calling the police because they're afraid they're going to get arrested. Then when you add custody issues, they're also afraid that DCF [Department of Children and Families] will get involved and they'll lose custody of their children."
In fact, no such rule exists — not for dual arrests, nor for the automatic involvement of DCF, says Penni Micca, Interval House advocate, and also a member of the legislative task force.
"The reality is that self-defense was always understood," said Micca, but the language was put into law in '04. "There's a lot of misnomers out there. Often times, victims get their information from the person who is abusing them."
Arrest laws vary from state-to-state, according to a recent American Bar Association report. In Connecticut, if an officer determines domestic violence has occurred, there will be an arrest, said Micca.
In Connecticut, domestic violence laws have evolved over time, starting three decades ago with the case of Tracey Thurman, a Torrington housewife who was severely abused by her then-estranged husband, and who later successfully sued the local police for their negligence in helping to protect her. As part of the evolution, the task force is also examining the role of technology in potential abuse and harassment, said Micca.
"It shouldn't have to be such a fight for the victim," said Jarmoc. "They are fighting for their lives, and it still doesn't work sometimes. The system should be consistent, and it should work across the board, the same wherever you live in the state of Connecticut, always."
In Notice's trial, closing arguments are scheduled for Friday morning; the jury could begin deliberating later in the day.
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