by David Ward
Did you know that October is National Domestic
Violence Awareness Month? Every year,
we mark this occasion by mourning those who lost their lives to intimate
partner violence, celebrating survivors, and renewing our commitment to ending
domestic violence.
This year, we also received some good news from the Washington
Supreme Court that coincided with Domestic Violence Awareness Month. On October 17, the Court issued a powerful
decision that shows how improved awareness of domestic violence can result in stronger
legal protections for survivors. But
tragically, the case also demonstrates how the lack of awareness of domestic
violence can lead to preventable deaths.
The case was Washburn v. City of
Federal Way. The facts of the case
are horrifying. In 2008, Baerbel Roznowski obtained a protection order to
require her abusive partner Paul Kim to leave her home. Ms. Roznowski filled out paperwork that specifically
informed the police that Mr. Kim was likely to react violently when served with
the order, had a history of assault, and would need an interpreter to
understand the order.
But the police officer who served the protection order
didn’t even read the paperwork Ms. Roznowski completed. Instead, the officer knocked on the door to
Ms. Roznowski’s home, handed the order to Mr. Kim, and walked away. The officer saw Ms. Roznowski in the
background but never asked to speak to her.
Instead, the officer left Mr. Kim alone in the house with Ms. Roznowski,
in direct violation of the protection order. Three hours later, Mr. Kim stabbed Ms. Roznowski to death.
Legal Voice, joined by several allies, filed an amicus brief
arguing that the city must be held liable for negligence in connection with Ms.
Roznowski’s death. We argued that the
officer should have been aware that his actions put Ms. Roznowski in danger. We emphasized that it is widely known that
victims of domestic violence face a higher
risk of violence when they attempt to separate from abusive intimate
partners, and the police must have a duty to guard against this danger when
they serve protection orders.
In a unanimous decision, the Washington Supreme Court agreed
with us. The Court held that the City violated
a duty to take “reasonable steps” to guard against the possibility that Mr. Kim
would harm Ms. Roznowski. The Court held
that “the police are generally aware of the problem of separation violence” and
that the officer’s “duty to act reasonably required him to take steps to guard
Roznowski against Kim’s criminal acts.”
The Court’s decision is both encouraging and
heartbreaking. It is encouraging because
it shows, at least in this context, that all nine members of the Court were
well aware of the risk that Ms. Roznowski faced, and agreed that the police
must take reasonable steps to ensure a victim’s safety when serving protection
orders. This decision will literally
save lives.
But the Court’s decision is also heartbreaking because it
underscores that Ms. Roznowski’s death could have been prevented, if only the
police had been aware of the danger she faced and taken the threat seriously.
And the need to take domestic violence seriously is just as
urgent as ever. On average, three
women each day are murdered by
intimate partners in the United States – and thousands more are beaten,
terrorized, and subjected to coercive control by abusers. Although justice has come too late for Ms. Roznowski, we hope the Supreme Court’s decision will help ensure that what
happened to Ms. Roznowski never happens to another woman in Washington.
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