OKPOLICY.ORG
Last week, the Criminal Judiciary Committee, chaired by Rep. Rande Worthen, R-Lawton, held an interim study led by Rep. Ellyn Hefner, D-Oklahoma City, on Oklahoma’s persistent and growing domestic violence problem. The study was combined with a request led by Rep. Aletia Timmons, D-Oklahoma City, to examine whether Oklahoma should create a domestic violence registry requiring certain people convicted of domestic abuse to register, similar to the state’s sex offender registry. Tennessee was the first state to establish a persistent domestic violence registry this year.
Witnesses included judges from Oklahoma County’s criminal and juvenile courts, along with representatives from the Oklahoma County District Attorney’s and Public Defender’s offices, a survivor of domestic violence, a youth services provider, law enforcement, and the domestic policy review board.
The committee heard that domestic violence presents distinct challenges because it occurs among people who share a home, including spouses, intimate partners, parents and children, other relatives, and roommates. Emotional and financial ties often remain after an arrest, complicating cases when victims and perpetrators stay together or reunite in the same household.
When they separate into two households, new issues arise, including child-sharing responsibilities and increased financial burdens. Children who witness domestic violence may also experience trauma and adverse mental health effects.
The central issue with domestic abuse is abusive power and control by the abuser over the victim. An issue preventing progress on the complicated issue is that abusers use the victim’s behavior as an excuse for their violence, and victims often become convinced that the abuse is their own fault because of something they did to set off the abuser.
Although victims are frightened, they may be reluctant to cooperate with authorities and testify in court, making it difficult to hold abusers accountable. About half of all cases presented for prosecution are declined, and about one-third of the cases filed are later dismissed for lack of victim cooperation in Oklahoma County. Many cases go unreported by victims, many of whom have made reports before with no results and become convinced there’s no point in reporting the violence, which might make matters worse.
Other barriers to resolving domestic abuse cases include the wide variation in case circumstances and Oklahoma statutes that often take a one-size-fits-all approach, such as requiring a 52-week batterers’ intervention program. Another challenge is poor communication among those involved in the court and treatment systems. A single case may involve criminal, juvenile, family, and victims’ protective order judges; prosecutors and defense attorneys in multiple courts; various treatment providers; probation requirements that may conflict with treatment goals; and others.
Nearly 46% of children entering DHS custody have experienced domestic violence. Witnesses generally agreed that both abusers and survivors should receive treatment early, and that prevention programs should begin in schools and other places where children gather. They recommended anti-bullying education starting in elementary school. A juvenile court judge testified that Oklahoma currently has no treatment program specifically designed to teach children what safe and healthy relationships look like, although national models are available.
Finally, the witnesses agreed there should be more education and training for law enforcement, judges, and prosecutors in the complexities of domestic abuse causes, treatment, and prevention. After so many years of watching the generational heartbreak in these cases, it seems that none of the witnesses are satisfied with Oklahoma’s response. The issue seems ripe for legislative attention.
