Relief from Abuse Orders Case Processing and Firearm Relinquishment

Introduction

Domestic violence is a national and Vermont public health crisis. The Vermont Department of Health estimates that up to 16% of adult Vermonters have experienced either fear, control, or violence at the hands of an intimate partner. In Vermont, a victim may seek a Relief from Abuse Order (RFA) in the Family Division of Superior Court. As part of the process, the victim may also request that a defendant relinquish their firearms.  This study examines general case processing statistics for RFAs, how often firearm relinquishment is requested, and if granted, who is the designated holder of the weapons. The report also documents the processes related to serving orders and storing and returning weapons.

Methods

Researchers worked with the Vermont Judiciary to create an extract of RFA cases to answer quantitative questions.  They also conducted interviews with court personnel, police officers, and licensed firearms dealers.  

Findings

• Bennington County has the highest rate of disposed RFA dockets per 1,000 of the population. Chittenden County has the lowest.
• Seventy percent of denied temporary orders are not pursued to final orders.
• Fifty-eight percent of all requested temporary orders are granted.
• Most RFAs (59%) are between parties who are current or former household members.
• Women are overrepresented as plaintiffs (74%) as compared to the general population. Men are overrepresented as defendants (75.8%).
• The Judiciary does not record in the case management system whether a request to relinquish was made by the plaintiff.
• The rate of relinquishment orders mirrors the estimated firearm ownership rates.
• Essex and Orange Counties had the highest rate of firearm relinquishment orders.
• Bennington and Rutland Counties has the lowest rate of firearm relinquishment orders.
• Temporary RFAs with a relinquishment order are more likely to continue to a final hearing.

To see the full report with interactive links follow this link: 

Interactive Report

Recommendations

This is the first report on RFA and firearm relinquishment data in Vermont and the first report outlining the relinquishment and storage process.   Based on the information CRG has developed suggestions for practice, policy, and further research

• The new Judiciary case management system is an improvement over the previous system. However, the system does not store information on whether the plaintiff requests firearm relinquishment.  The Judiciary is encouraged to modify it system to store this information.
• Seizure and storage of firearms is a time-consuming process for police and may place a victim at additional risk if a search warrant is required. Stakeholders should work to find ways to streamline this process in accordance with federal and Vermont statutory and constitutional law.
• The Judiciary should work adopt a practice to notify police departments when final orders are issued or denied.
• Stakeholders should work to improve communication and information sharing about storage fees and return processes to owners of relinquished firearms.
• Further research is needed to understand how the multiple systems (criminal, civil, community, and corrections) designed to protect victims are functioning in the counties.
• More research is needed to understand the overlap of laws and protections that keep firearms away from people who might abuse them.