New Personal Protection Order iPhone App

ExpertClick News Release: New Personal Protection Order iPhone App Stops em in Their Tracks

IcePics  iPhone app works by pointing an iPhone at a suspicious person and pushing the IcePics button on the iPhone. IcePics will immediately email a picture of the perpetrator along with the GPS location pinpointed on a Google Map to contacts pre-selected by the owner. 

I can see how this could be valuable as an evidentiary tool, but the promoter of this app is making some pretty extreme claims ( see link above for full story):

"What IcePics Can Do

IcePics is a valuable anti-crime tool for anyone who finds themselves anywhere in a potentially threatening situation including:

• Children walking home from school

• Women jogging alone

• Anyone walking to a car in an unlighted parking lot

• Babysitters

• Children playing in a park

• Girl Scouts selling cookies

• Children going trick-or-treating Halloween night

• Elderly persons living alone

• Anyone opening a door to a stranger

• Anyone in a dispute or involved in a tense lawsuit

• College students living in a dorm

• Ex-boyfriend/girlfriend/spouse issues, especially those involving a restraining order

• A spouse worried about domestic violence, divorce or custody issues

• Anyone in line at a bank, fast food restaurant or convenience store who sees a crime being committed.

Imagine How The IcePics App Could Change Outcomes

...IF the young woman working in the college lab who was recently attacked had used IcePics her assailant would not have been able to attack her without knowing he'd more than likely be caught.

...IF the child that recently went missing in Florida, only to be found murdered in Georgia would have had IcePics, her attacker could have been stopped.

...IF the young woman that was recently separated from her friends at a Metallica concert had IcePics, she could have sent her attacker's photo to a remote email.

...IF Nicole Brown Simpson saw her assailant walking up her driveway, she would have caused her attacker to think twice as life in prison almost certainly would have been assured with evidence of his or her presence.

...IF the young girl walking home from school, only to be kidnapped and held for 18 years had IcePics, the outcome would have been much different and perhaps have stopped the person from even considering such an act.

Call Their Bluff

By just passing this information on to friends and telling them to hold their phone up and explain the IcePics technology to a threatening person it may make them think twice. Of course, having IcePics would be best, but the mere fact that it is available could save the life of someone you love, so share the concept with everyone, and it may be you that saves a life today — with or without even knowing it. www.icepics.com "




I am curious to know what others think of this. The most glaring problem is that the majority stalking victims I know find iPhone purchase and  plan charges cost prohibitive. It would be great if this could be utilized with any camera enabled cell phone

Wife sought protection prior to Upland tragedy

Wife sought protection prior to Upland tragedy
WISH
Police say there was a history of domestic violence. "We've had victims' advocatesinvolved with the family. Amy's been in a shelter some and tried to work ...

Case Revives Debate Over Protection Orders

By ALAN FEUER

How protective is an order of protection? The short answer is: It depends.

While experts on domestic violence say orders of protection can clearly forestall harm — they point out that 87 percent of the victims of family-related killings last year in New York City did not have one — a piece of paper, even one bearing the imprimatur of a court, is certainly no guarantee of safety. This is especially true if the paper in question is delayed, ignored or never served.

That is what seems to have happened last fall to a woman who obtained a temporary order of protection from a Family Court judge in the Bronx against David W. Johnson, a top aide to Gov.David A. Paterson. Transcripts of recorded court hearings suggest that when the woman tried to serve Mr. Johnson, he refused the order — as did his lawyer a few weeks later. A police spokesman said Thursday that officers did deliver papers to Mr. Johnson, but he never appeared in court to answer them.

The woman herself, who is soft-spoken and expresses fear in the court recordings, seemed unaware that Mr. Johnson had been served by the police, and after a phone call from the governor, she failed to appear for a hearing seeking a final order, leading to the matter’s dismissal.

Continued in the NYT HERE

Lawsuit Regarding Police Lack of Response to Protection Order Violations Settled

by Michael Hewlett
JOURNAL REPORTER
Published: July 1, 2009
YADKINVILLE
A lawsuit that was being watched closely by advocates for victims of domestic violence was settled yesterday just as jury selection was set to begin.
Vernetta Cockerham settled for $430,000 in her lawsuit against the Jonesville Police Department and two of its officers.
Her lawsuit, which was filed in 2004, accused the police department of failing to enforce a restraining order that she had taken out against her estranged husband, Richard Ellerbee, who eventually killed her 17-year-old daughter, Candice, and stabbed Cockerham. Ellerbee killed himself several days later.
She said she is satisfied with the settlement and is ready to put the case behind her. "Every time I go to court, I relive it again," she said as she stood in a parking lot near the Yadkin County Courthouse.
"I'm going to take time out with my family and go through my grieving process," she said.
She said she also plans to continue to advocate for domestic-violence victims, especially those in Yadkin County.
Rita Anita Linger, the executive director of the N.C. Coalition Against Domestic Violence, stood alongside Cockerham after the settlement was announced.
Linger said she hopes the case puts a magnifying glass on a system that is supposed to make sure that domestic-violence protective orders are enforced and that victims of domestic violence are protected against their abusers.
"This case speaks, and Vernetta speaks, for women who can't speak for themselves," she said.
Under the terms of the settlement, the town admits no liability in the death of Cockerham's daughter, said William Hill, an attorney for the two officers, Scott Vestal and Tim Gwyn. Roger Reece, the current police chief, declined to comment. He sent out a news release later in the day, saying that the officers did nothing wrong.
"We do hope Vernetta Cockerham finds peace with this resolution," the news release said.
Vestal, who still works for the police department, declined to comment. Gwyn resigned in 2006 as police chief. He was not available for comment.
On Nov. 13, 2002, Cockerham filed a domestic-violence protective order against Ellerbee. That order required that he not threaten her and her children and that he stay 250 feet away.
Ellerbee ignored that order. The next day, he broke into her house and left a note, Cockerham said in an affidavit filed with her lawsuit.
"I will kill you," the handwritten note said. "You will die."
Over the next several days, Ellerbee repeatedly violated the protective order, according to the lawsuit. He came to her youngest son's day care and threatened her daughter, Candice. He dug graves across the street and later told her that the graves were for her and her children. And on the day before he killed Candice, he stalked Cockerham in his car.
Each time, Cockerham said, she told police that Ellerbee was violating the protective order and at one point had an arrest warrant issued for him. She said in the lawsuit that then-police chief Robbie Coe said he would put the department on high alert and that Vestal and Gwyn promised her that they would arrest Ellerbee.
Ellerbee was never arrested, and on Nov. 19, he fatally stabbed Candice and then stabbed Cockerham in the foyer of her home after she came back from running an errand. Cockerham still has a scar along the left side of her neck where Ellerbee cut it with a broken piece of glass.
Hill said that Cockerham never told police that Ellerbee threatened her, and that Vestal and Gwyn never made any specific promises to her. He cited written statements by Cockerham and her daughter about the incident when Ellerbee went to the day care. Candice said in the statement, dated Nov. 18, 2002, that Ellerbee came to her and told her that he wanted Cockerham to contact him.
"I know in my heart of hearts that Scott Vestal and Tim Gwyn did nothing wrong," he said.
Hill placed much of the blame on Coe, who resigned abruptly in 2004. He said that Coe never told Vestal and Gwyn that he had met with Cockerham and he never investigated Cockerham's complaints. He also suggested that Cockerham's recollection of events may have been mistaken because of the trauma she suffered in the attack.
Cockerham said she was never mistaken about what she did. Coe said in depositions that he had talked with Cockerham several times and advised her to get an arrest warrant for Ellerbee.
Coe could not be reached for comment.
Harvey Kennedy, one of Cockerham's attorneys, said that Ellerbee violated the protective order numerous times.
"We hope the impact of this case will be to ensure in the future that law-enforcement officers will take domestic-violence protective orders seriously and enforce those orders," he said.
Story Published Here
■ Michael Hewlett can be reached at 727-7326 or at mhewlett@wsjournal.com.

State-by-State Report Card on Protection Orders for Teens

Break the Cycle is pleased to present the 2009 State-by-State Teen Dating Violence Report Card. Teens across the country face overwhelming obstacles to accessing help for domestic and dating violence, particularly civil domestic violence protection orders.
Break the Cycle believes that teens should have access to the same legal protections as adult victims of domestic violence. They need the ability to seek protection on their own behalf.
In 2008, Break the Cycle conducted a nationwide review of each state’s civil domestic violence protection order laws and their impact on teens seeking protection from abusive relationships. The results were reported in the 2008 State-by-State Teen Dating Violence Report Card.
2009 Updates
*Revised scoring system to better assess the impact of state laws on teens seeking protection orders
*Up-to-date information on changes to protection order laws that affect teens experiencing abuse
*Recommendations for improving state laws and policies to better protect teen victims

Proposed changes in Michigan PPO Statute

note: I believe the author meant two "non consented" acts, rather than two "non contact" acts


From Monroenews.com:
by Ray Kisonas , last modified March 23. 2009 11:57AM
A Monroe County woman who had been raped was afraid she might be targeted again.To help ease some of her fears, she tried to obtain a restraining order against the suspect. But the judge told her there was a problem. According to Michigan law, the only way she could legally receive a personal protection order was if she had a second contact with the defendant."It's ridiculous," said Monroe County Circuit Judge Joseph A. Costello Jr. "They were stunned."Restraining orders - known as personal protection orders, or PPOs - are intended to assist victims who are being stalked or followed or worse. If an offender breaks the rules of a PPO, he is subject to immediate arrest.In domestic cases in Michigan, one incident is enough to obtain a PPO against a defendant. But in other cases, even sexual assault, two non-contact acts need to be committed before a judge can issue a restraining order."For a rape victim, it is horrible to have to have two contacts," said Melodie Brooks, director of the rape crisis center at Mercy Memorial Hospital. "A PPO is the first step to protection. That needs to be changed."State Rep. Kate Ebli, D-Monroe, is trying to do exactly that. She is sponsoring House Bill 4221 that, if passed, would allow victims of sexual assault to obtain a PPO against a suspect after one contact.According to the bill, there must be pending criminal prosecution against a defendant for a restraining order to be signed by a judge."This is something I've been working on for quite a while," Rep. Ebli said. "To require something similar to happen to a victim seems incredibly unfair."Rep. Ebli said Judge Costello made her aware of the quirk in the law and she decided to try to have it amended. The bill has been introduced and in May is expected to be discussed by the Judiciary Committee.Rep. Ebli said she has so far not had any opposition to the bill and hopes to see it become law soon."Not one group has objected to this at all," she said. "We have the support."Judge Costello explained that the original intent of the law was to make certain people were not abusing PPOs. Many times a restraining order was sought for trivial incidents so by requiring a second incident, it could show a pattern. However, victims of stranger or date rape were included in the provision, whereas only one incident was required in domestic situations.Rape victim advocates are supporting the new changes. Judge Costello said a PPO will not force an unreasonable person intent on harming a victim to stay away. But a restraining order can offer some relief for victims."It's not bullet-proof," Judge Costello said. "But it is one more option for police."

MJI Online Certificate - Personal Protection Orders

The Michigan Judicial Institute created an online tutorial directed to court clerk personnel who may be interacting with petitioners seeking PPO's. It is a useful overview for advocates and there is a printable certificate upon completion:

http://ppowbt.net/index.php

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Hearings to Obtain or Continue Personal Protection Orders

Sometimes a hearing to obtain a PPO is required or the respondent may request a hearing to dispute a PPO. Advocates can assist by providing information about the court process and helping the petitioner organize the proofs available.It often helps to encourage the preparation of an easy-to-read list of points the petition wishes to make.

The following guide for petitioners is provided by www.womenslaw.org.

What will I have to prove at a hearing?

You must prove that the respondent has committed acts of domestic violence or stalking as defined by law against you or your children. You must convince the judge that you need protection and the specific things that you asked for in the application you filled out.

What should I do before the hearing to prepare my case?

Contact witnesses who saw the abuse or your injuries. Anyone can be a witness—a friend, family member, children, emergency room nurse, doctor, a stranger who saw or heard the abuse take place, a law enforcement officer, etc.

Some witnesses may not come to court unless they are given a subpoena that commands them to appear and testify. Ask the court clerk about the subpoena process. Let the judge know if the people you subpoenaed do not come to the hearing.

If your children witnessed the abuse you should tell the judge they were present. However, you should seriously consider not having children testify in court to avoid putting them in an uncomfortable position of possibly testifying against their other parent.

The judge may choose not to hear from a witness due to the short amount of time given to each hearing.

Get evidence and documentation to help your case.

* Evidence can include:
* Your statements or a witness’s statements about the incident(s).
* Medical reports
* Police reports
* Dated pictures of your injuries. If the police took photos during their investigation you may be able to request copies of them. You should consider taking your own series of photos to document any injuries you sustained or property damage.
* Household objects torn or broken by your abuser.
* Pictures of your household in disarray after an episode of domestic violence.
* Weapons used, Tapes of calls you may have made to 911
* Anything else to help you convince the judge you are a victim of domestic violence or stalking and need relief and protection from the court

The more evidence you have the greater your chances of being granted the protection order. However the judge will listen to your story even if you have no physical evidence or witnesses.

You may wish to make an outline or notes of the history of violence or stalking. You may take the notes to court with you to look at if you forget something, but if you read from them the judge may order that the respondent be allowed to see them.

Tell your story in your own words, tell the truth without exaggeration. Leave out details that have nothing to do with the domestic violence, threats or stalking and intimidation. Be specific. Rather than saying “he hit me,” tell the judge how and where you were hit and how many times.

Be sure to mention:

* The 2 most recent incidents
* The 2 worst incidents
* Whether the abuser has guns or weapons
* Whether the abuser has threatened to hurt or kill you
* Whether the abuser has guns or weapons
* Whether the abuser has threatened to hurt or kill you

On the day of hearing:

* Be on time
* Have your witnesses there and ready.
* Dress neatly
* Speak directly to the judge. Address the judge as “Your Honor”.

Be prepared to spend all day in court in case there are other hearings before yours.

Stand when the judge enters and leaves the courtroom, sit when the judge or bailiff asks you to.

Once your case is called you may sit at the plaintiff’s table which is on the your left side if you are facing the judge in Circuit and Probate court.

If the respondent comes to court with an attorney and you do not feel capable of representing yourself ask the judge for a “continuance” so you can look for a lawyer.

You will tell your side of the story first, The judge or the respondent may ask you questions, The respondent will tell his or her side which may be very different from yours. The judge may ask him/her questions and you may also ask questions.

Relax and remain calm. Take deep breaths if you feel tense. Never lose your temper in the courtroom. Always tell the truth, If you don’t understand a question, say so.

If you don’t know the answer to a question, just say so. Never make up an answer.

The judge will make a decision after hearing both sides and considering the evidence.

Asking the court to enter a Personal Protection Order is a very serious matter. A PPO will authorize law enforcement throughout Michigan and the United States to enforce its provisions. The court will expect both you and the party to be restrained to abide by the terms of the order.

Anyone who knowingly and intentionally makes a false statement on the motion for the PPO is subject to the contempt powers of the court.

You are acting as your own attorney when filing for a PPO.
Stalking Definition

A pattern of conduct consisting of 2 or more unconsented contacts that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested.

Personal Protection Orders

Michigan law has built in protection for victims in the form of personal protection orders or PPO’s. There are two types of PPO’s:

Domestic PPO: You may request a domestic PPO if the person you want protection from is:

• Your spouse or former spouse
• Someone with whom you have a child in common
• Someone you are dating or have dated in the past
• Someone you live with now or have lived in the same household with you in the past

You must show the court that this person is interfering with your personal freedom or has threatened or committed violence against you

Stalking PPO: You may request a stalking PPO to protect you from anyone else who has committed two or more acts without your consent that make you feel threatened, harassed, frightened or molested.

You may not get either type of PPO against your minor child.

A minor child cannot get a PPO against a parent.

Anyone who knowingly and intentionally makes a false statement to the court in support of a petition for a PPO is subject to the contempt powers of the court

How To Obtain A PPO

Personal protection orders are appropriate only for protection in domestic violence and/or stalking situations. There must be at least two harassing acts to fall under the stalking category not one isolated incident.

A PPO may be applied for by submitting the appropriate forms to the County Clerk’s office requesting the court to order the protection desired. This can be done by the person needing protection with or without the assistance of an advocate or an attorney.

Further instructions and downloadable forms are available at:

courts.mi.gov/scao/selfhelp/protection/ppo_help.htm

Asking the court to enter a personal protection order is avery serious matter. A PPO will authorize the courts and law enforcement throughout Michigan and the United States to enforce it’s provisions. The court will expect both you and the party to be restrained to abide by the by the terms of the order.

You are acting as your own attorney when you apply for a protection order.

Dispute Types Not Appropriate For A PPO

Landlord/Tenant - Neighborhood - Noise/Nuisance

Ordinance Violation - Trespassing - Professional/Client

Consumer/Merchant - Breach of Contract - Employment