IN THE LAST decade, nearly half of the 227 homicides in NH were domestic violence-related. In 2000, 11 of the 14 homicides committed in the state (79 percent) involved current or former domestic partners.

The goal of the Domestic Violence Fatality Review Committee is to learn from such tragedies in order to prevent future violence. The committee recently issued its first report, in which it examined nine domestic violence homicides that occurred between 1997 and 1999. (The committee reviews only closed cases, where all appeals have expired, or cases for which there was no prosecution, such as murder/suicide.)

The committee’s review identified risk factors for fatal violence, and gaps, as well as strengths, in the handling of domestic violence situations. The group developed nearly 100 recommendations for improvements aimed at various segments of the community, from the courts to law enforcement to the state Dept. of Education.

"The theory behind the fatality review process is that if we are able to better understand why and how a homicide occurred, we can learn important lessons to help prevent future deaths," the committee wrote. "The core belief underlying the committee’s work is that every death is preventable, and we must work together to make this belief a reality."

The committee, created by Gov. Shaheen in 1999, examines domestic violence homicides with two goals: (1) "to continue informing the public about the insidious nature of domestic violence and motivating the public to find solutions to end domestic violence" and (2) "to identify systemic changes within all the organizations and agencies that work with domestic violence victims, offenders and families to learn new ways of reducing the number of fatalities by better identification of risk factors and improvement in the coordination of services that our state provides."

The Fatality Review Committee is composed of professionals from many different organizations, agencies and branches of government who convene regularly to review the cases and compile an annual report. The membership includes representation from all courts that have domestic violence jurisdiction (district, family, superior and Supreme); local and state law enforcement; victim services; education (state and local); health care (medical and mental health); batterer’s intervention; visitation network; Division for Children, Youth and Families; clergy; Employee Assistance Program; and the bar (DOVE, prosecutors and defense attorneys). There are currently 37 members of the committee.

According to Hon. Susan Carbon, supervisory judge of the Grafton County Family Division and chair of the Fatality Review Committee, some of the key facts that were highlighted in the committee’s first report include:

• In NH, domestic violence-related homicides occur within all age groups, from young children to elderly citizens. The ages of the victims whose deaths the committee reviewed ranged from as young as six months to as old as 73.
• Children were present at or near a number of the homicides. At least two of the homicides appear to have been set up so that the children would find the victims.
• Nearly half of the homicides were committed shortly after the parties had separated, which is consistent with national findings that it is a "very volatile time," said Carbon.

The bulk of the committee’s report consists of its recommendations to various entities. "We developed almost 100 recommendations after two years - there’s a lot we can do to make NH safer for everybody," Carbon said.

According to Carbon, the committee is using an accountability model to bring about real change in the way domestic violence is addressed. A copy of each annual report is distributed to groups across the state, most of which are represented on the committee. The recommendations will be re-distributed to those groups about six months later so that each organization can review its progress on making the recommended changes. The Fatality Review Committee will include with each subsequent annual report a narrative that summarizes each group’s efforts – or lack thereof – in addressing the recommendations. Because the reports are publicly accessible information, Carbon said, the groups’ efforts will be subject to public scrutiny. Instead of "just shelving the report," entities will be expected to effect real change, she said.

The recommendations contained in the Fatality Review Committee’s first report "are not necessarily surprising, but perhaps more significant," said Carbon. Some of the key recommendations include the following:

• There is a need in schools for a comprehensive K-12 dating violence prevention and education program. Such a program would help to curtail "obviously unhealthy patterns," said Carbon.
• There is a need for victim advocacy services within the district courts to ensure ongoing communication with victims. Such a resource would help victims understand what a restraining order means, remind them of impending expiration of an order and help them to renew it, or help them terminate an order. It would also give them information about the criminal and civil processes. "It would provide an ongoing connection for victims," said Carbon.
• Courts should order abusers to batterer’s intervention services, rather than anger management, psychotherapy or couples counseling. Batterer’s intervention programs hold the abuser accountable for his actions. "Domestic violence is the purposeful use of physical or other forms of abuse to control an intimate partner. It is, therefore, not caused by mental health, anger management, substance abuse or relationship problems," the committee wrote.
• Alleged victims of domestic violence should be notified of all bail orders and conditions of bail to which the defendant is subject. Again, a victim’s advocate within the district courts would be responsible for this ongoing communication.
• School resource officers should be more widely utilized. These trained police officers have the ability to connect with students and provide a point of immediate intervention and safety for students who have experienced dating violence. "They are able to intercede on the spot and direct the students to the appropriate resources," said Carbon.
• Probation services for misdemeanor defendants are necessary. Probation is utilized at the superior court level, but many d.v. cases are misdemeanors. Ongoing supervision of misdemeanor defendants will ensure that they are attending batterer’s intervention or other court-ordered programs, as well as adhering to other conditions of probation. "It’s important that we capture these cases at the misdemeanor level to limit recidivism and ideally prevent homicides," Carbon said. "It’s critical that we intervene early and appropriately and try to end the violence."
• To reflect NH’s changing demographics, services need to be provided for immigrant victims of domestic violence. Language barriers and cultural differences are among the issues that should be addressed through such services.

Carbon believes that the accountability approach and the fact that so many groups are represented within the Fatality Review Committee will help bring about real action on these and the committee’s other recommendations. Each representative can take back to his or her colleagues recommendations for change within that profession. And the legislative representative sitting on the committee will be aware of the legislative changes needed. "I fully expect that this will be a great way to establish an understanding of the nature of systematic change, how it can happen and why it needs to happen," Carbon said.

Carbon said that the work of the DV Fatality Review Committee is another important component in the fight to create "a safer environment for both children and adults."

"We are working in an inter-disciplinary way to create as many solutions as we can to address domestic violence," said Carbon. "It was critically important to add one more tool to the big toolbox to address domestic violence, which is a legal, social and public health issue," she said.

"(The committee) brings groups together in yet one more way to truly collaborate to find solutions that will end the violence."

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer