Domestic and Sexual Violence in Virginia - Virginia Attorney General

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5Virginia Sexual and Domestic Violence Action Alliance, 2007Domestic Violence Services in Virginia (2008).6Virginia Sexual and Domestic Violence Action Alliance, 2007Sexual Violence Services in Virginia (2008).7Virginia Sexual and Domestic Violence Action Alliance, 2007Domestic Violence Services in Virginia (2008).8Data from the Virginia State Police (September 9, 2008).9Data from the Virginia State Police (November 7, 2008).10Data from the Office of the Executive Secretary, Supreme Courtof Virginia (October 28, 2008).11Data from the Virginia State Police (November 13, 2008). OnNovember 13, 2008, there were 15,413 active protective orders inVCIN: Final Protective Orders – 12,749; Preliminary ProtectiveOrders – 2,181; and Emergency Protective Orders – 482.12Virginia Code § 38.2-508 (7); See also Virginia Code §§ 16.1-228,2.2-515.2. Virginia Code § 16.1-228 defines “family or householdmember” as:(i) the person’s spouse, whether or not he or she residesin the same home with the person, (ii) the person’s formerspouse, whether or not he or she resides in the same homewith the person, (iii) the person’s parents, stepparents,children, stepchildren, brothers, sisters, half-brothers,half-sisters, grandparents and grandchildren, regardlessof whether such persons reside in the same home withthe person, (iv) the person’s mother-in-law, father-in-law,sons-in-law, daughters-in-law, brothers-in-law and sistersin-lawwho reside in the same home with the person, (v)any individual who has a child in common with the person,whether or not the person and that individual have beenmarried or have resided together at any time, or (vi) anyindividual who cohabits or who, within the previous 12months, cohabited with the person, and any children ofeither of them then residing in the same home with theperson.13Va. Code Ann. § 16.1-228 (Supp. 2008).14“Intimate partner” has been defined by the Office of the ChiefMedical Examiner as a spouse, former spouse, current or formerboyfriend or girlfriend, same sex partner, or dating partner. Somerelationships within the intimate partner classification do not fallwithin the statutory definition of domestic violence, where thoserelationships do not meet the cohabitation or child in commonelements of Virginia Code § 16.1-228.15Virginia State Police, Crime in Virginia, 2007 13 (2008).16Federal Bureau of Investigation, Uniform Crime ReportingHandbook (2004).17See Virginia State Police, Crime in Virginia, 2007 (2008).18Office of the Chief Medical Examiner, Virginia Department ofHealth, Family and Intimate Partner Homicide, Virginia, 2005 (July2007).19The categorization of homicides is based upon the relationshipbetween the victim and the alleged offender. The 138 domesticviolence homicides in 2006 include all homicides related to familyand intimate partner violence. “Family violence” includes childand elder homicides by caregivers, family homicides (victims killedby individuals related to them biologically or by marriage), andfamily associated homicides (victims killed as a result of violencearising from a familial relationship). “Intimate partner homicide”includes homicides where victims were killed by a spouse, formerspouse, current or former boyfriend, girlfriend, same sex partner, ordating partner, as well as intimate partner-related homicides wherea victim was killed as a result of violence arising from an intimatepartner relationship. See Office of the Chief Medical Examiner,Virginia Department of Health, Family and Intimate PartnerHomicide, Virginia, 2005 (July 2007).20The numbers for 2007 reflect preliminary findings as of October24, 2008, as a number of these homicides still remain underinvestigation. Office of the Chief Medical Examiner, VirginiaDepartment of Health.21Data from the Office of the Chief Medical Examiner, VirginiaDepartment of Health. See also Office of the Chief MedicalExaminer, Virginia Department of Health, Family and IntimatePartner Homicide, Virginia, 2005 (July 2007).22“Other” includes children who were present at the location of thehomicide, but were unaware of the event, such as children who wereasleep. See Id.23Virginia State Police, Crime in Virginia, 2007 42 (2008). Fordata purposes, “violent crime offenses” include murder/nonnegligentmanslaughter, aggravated assault, forcible sex offenses,and robbery, all involving the use or threat of force. “Family andhousehold members” include spouse, “common law” spouse, parent,sibling, child, grandparent, grandchild, in-law, stepparent, stepchild,stepsibling, ex-spouse, or other family member. “Intimate partner”or “dating partner” includes a boyfriend/girlfriend relationship orhomosexual relationship.24Virginia State Police, Crime in Virginia, 2007 24-25 (2008).25Id. at v, 15.26Id.27Virginia State Police, Crime in Virginia, 2007 14 (2008).28Id.29Id. at 64-68.30Virginia Sexual and Domestic Violence Action Alliance, 2007Sexual Violence Services in Virginia (2008).31Data from the Virginia State Police (November 7, 2008). There isno disposition on file for 3,512 charges, or 15.6%.32Data from the Virginia State Police (November 7, 2008).33Data from the Virginia State Police (September 9, 2008).34Data from the Virginia State Police (September 9, 2008). As of July1, 1997, Virginia Code § 19.2-81.3 requires law enforcement officersto arrest for violations of family abuse and stalking protective orderswhere probable cause exists to believe a violation has occurred.35Data from the Virginia State Police (September 9, 2008).36Supreme Court of Virginia, Caseload Statistics of the DistrictCourts, 01/07-12/07 (2008). Of 538,488 cases filed in Juvenile andDomestic Relations District Courts across Virginia in 2007, 284,100cases, or 53%, were classified as juvenile cases, and 254,388 cases,or 47%, were classified as domestic cases.37E-Magistrate reporting data provided by the Office of the ExecutiveSecretary, Supreme Court of Virginia.38Virginia Sexual and Domestic Violence Action Alliance, 2007Domestic Violence Services in Virginia (2008).39Id.40Id.41Virginia Sexual and Domestic Violence Action Alliance, 2007Sexual Violence Services in Virginia (2008).42Id.43Information provided by the Department of Criminal JusticeServices.44Department of Criminal Justice Services, Victim/Witness Program– Overview, Performance, and Funding (October 16, 2008).45Virginia Sexual and Domestic Violence Action Alliance, 2007Domestic Violence Services in Virginia (2008).34
46Information provided by the Virginia Sexual and Domestic ViolenceAction Alliance.47Information provided by the Department of Social Services, Officeof Family Violence.48Funding information provided by the Department of CriminalJustice Services, the Department of Social Services, the Office ofthe Attorney General, the Virginia State Police, the Office of theExecutive Secretary of the Supreme Court of Virginia, the Departmentof Health, Office of the Chief Medical Examiner and the Divisionof Injury and Violence Prevention, the Department of Housing andCommunity Development, and the Family and Children’s Trust Fund(FACT).49Virginia Sexual and Domestic Violence Action Alliance, WorkingTogether for Peace and Justice, 2007 Annual Report (2007).50Virginia Department of Housing and Community Development,Virginia’s Homeless Programs 2007-08 Program Year: A Report tothe House Appropriations and Senate Finance Committees 14-20(2008).51Revenue information for 2008 was not available as of the filing ofthis Report.52Revenue information for 2008 will not be available until afterprocessing of 2008 income tax returns in 2009.53Information provided by the Office of the Executive Secretary,Supreme Court of Virginia.54The OES received $37,120 in V-STOP funding in 2007, and $35,237in V-STOP funding in 2008 for implementation and administrationof the I-CAN! Project. V-STOP funding for the I-CAN! project isadministered by the Department of Criminal Justice Services.552004 Va. Acts ch. 972 (2004).56Office of the Executive Secretary, Supreme Court of Virginia.February 22, 2008; See also Office of the Executive Secretary,Supreme Court of Virginia, Report of the Office of the ExecutiveSecretary, Supreme Court of Virginia’s Project Responding to SB 236,Chapter 972 (2004), Court Referral Methods for Domestic ViolenceOffenders (2008).57Project Passport is an initiative that originated in the state ofKentucky, which worked with its seven bordering states, includingVirginia, to improve recognition and enforcement of protectiveorders within and between states by encouraging states to adopt arecognizable and consistent first page for protective orders.58The Virginia GEAP Partnership consists of: the Virginia Departmentof Criminal Justice Services, the Office of the Attorney General, theVirginia Department of State Police, the Office of the Chief MedicalExaminer, the Office of the Executive Secretary of the SupremeCourt of Virginia, and the Virginia Sexual and Domestic ViolenceAction Alliance.59Information provided by the Family and Children’s Trust Fund.Additional information available at: http://www.fact.state.va.us/.60See Virginia Code §§ 63.2-2100 –2103.61See Virginia Code § 63.2-2102.62Information provided by FACT (November 12, 2008).63Information provided by the Virginia Center on Aging, VirginiaCommonwealth University.64The Virginia Center on Aging receives V-STOP grant funding forthe Central Virginia Task Force on Domestic Violence in Later LifeProject through Grant #08-F4145VA07.65The Virginia Center on Aging receives funding from the VirginiaSexual and Domestic Violence Victim Fund for the Family ViolenceProject through Grant #08-C4895DV08.66Information provided by the Department of Criminal JusticeServices.67Information provided by the Virginia Department of Health,Division of Injury and Violence Prevention.68Information provided by the Virginia Department of Health,Office of the Chief Medical Examiner.69Information from the Virginia Department of Housing andCommunity Development.70Virginia Department of Housing and Community Development,Virginia’s Homeless Programs 2007-08 Program Year: A Reportto the House Appropriations and Senate Finance Committees 15(2008).71Information provided by the Department of Social Services, Officeof Family Violence.72See Department of Social Services, Office of Family Violence,2007 Annual Report (2008).73The total grant funds administered by OFV in 2007 consist of fundingfrom four federal and state grant sources: the Victims of Crime Act(VOCA) ($2,363,991); the Family Violence Prevention and ServicesAct (FVPSA) ($2,001,321); the Virginia Family Violence PreventionProgram (VFVPP) ($1,435,462); and from the Temporary Assistanceto Needy Families (TANF)/General Funds Program ($1,187,500).The 46 local programs and statewide coalition received awardsranging from $24,331 to $573,373.74Poster artwork for the “Domestic Violence: It’s Closer Than YouThink” campaign provided by the Department of Social Services,Office of Family Violence.75Information provided by the Virginia Department of State Police.76Information provided by the Virginia Sexual and Domestic ViolenceAction Alliance.77Virginia Sexual and Domestic Violence Action Alliance, WorkingTogether for Peace and Justice: Annual Report 2007.78Exec. Order No. 38 (October 10, 2006).79Virginia Sexual and Domestic Violence Action Alliance, 2007Domestic Violence Services in Virginia (2008).80Information provided by the Virginia Sexual and DomesticViolence Action Alliance and the Department of Social Services,Office of Family Violence.81Virginia Sexual and Domestic Violence Action Alliance.82Virginia Sexual and Domestic Violence Action Alliance, 2007Domestic Violence Services in Virginia (2008).83Va. Code Ann. §18.2-308 (E)(5); Va. Code Ann. §18.2-308.1:4; 18U.S.C. §922 (g)(8); 18 U.S.C. §924 (a)(2).18 U.S.C. §922(g)(9).35
Page 1: Domestic andSexual Violencein Virgi
Page 4 and 5: DOMESTIC ANDSEXUAL VIOLENCEIN VIRGI
Page 6 and 7: ExecutiveSummaryOn a daily basis, d
Page 9 and 10: Domestic andSexual Violencein Virgi
Page 11 and 12: Table 1: Children Present During Fa
Page 13 and 14: Source: Domestic Violence Services
Page 15 and 16: children and youth and made increas
Page 17 and 18: Source: Virginia Department of Crim
Page 19 and 20: for the prevention of family violen
Page 21 and 22: Virginia Sexual and Domestic Violen
Page 23 and 24: tims of domestic violence who have
Page 25 and 26: developed pursuant to Senate Bill 2
Page 27 and 28: improve the functioning and effecti
Page 29 and 30: Virginia Department of Health,Divis
Page 31 and 32: grant assists homeless families in
Page 33 and 34: To accomplish its mission, VSDVAA r
Page 35 and 36: COLLABORATIVE EFFORTSIn addition to
Page 37 and 38: 2008 LegislativeUpdateDuring the 20
Page 39: FutureRecommendationsAs evidenced i
Page 44: Appendix A36
Page 48 and 49: Domestic Violenceand Sexual Assault
Page 50 and 51: Carroll CountyFamily Resource Cente
Page 52 and 53: Greene CountySexual Assault Resourc
Page 54 and 55: Mecklenburg CountyMadeline’s Hous
Page 56 and 57: Total Action Against PovertyWomen
Page 58 and 59: Crisis CenterP.O. Box 642Bristol, V
Page 60 and 61: Local FatalityReview TeamsChesterfi
Page 64: The design and printing of this Ann

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