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The power to end harassment

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Sunday, August 12, 2007
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LEWISTON - People seek protection from harassment orders for a lot of reasons: To get an ex to stop calling. To get a neighbor to stop threatening. To get a child to stop beating up his schoolmates.

In Androscoggin County, the district court deals with harassment order requests twice a month, 15 to 20 cases each time. Both sides are usually angry when they arrive. And usually at least one side is still angry when they leave.

"These are parties that really have serious issues with one another," said Judge Paul Cote Jr.

But for the last year-and-a-half, the Lewiston District Court has found a way to satisfy both sides.

Mediation.

"I've seen it first-hand succeed," said Cote.

Protection from harassment orders work the same way as protection from abuse orders. Someone files a complaint with the district court. The court holds a hearing and, if needed, OKs a protection order to force one person to stay away from the other.

Abuse orders protect people from family, spouses and lovers. Harassment orders protect people from former friends, co-workers, neighbors and businesses.

Nearly 4,600 harassment orders were filed in Maine last year, with 368 of them going through Lewiston District Court.

Local lawyer Fredda Wolf said she came up with the idea to offer harassment order mediation after watching a client's simple neighborhood argument get out of hand.

"My thought has always been if you know your neighbor you can probably work things out," she said. "You hear the other person's perspective, you see it from the other guy's point of view."

In 2005, Cote, mediator Tracy Quadro and others agreed to help set up the program. With a grant from the Lewis Joseph Fisher Foundation, a charity run by Wolf, Quadro's nonprofit Community Mediation Services started offering free, voluntary mediation to anyone who requested an harassment order hearing. The only stipulation: both parties had to be there.

One of Quadro's first cases involved a pair of boys who were about 13 years old. They'd been arguing and beating up each other for months.

In mediation, a simple question - "Why don't you like me?" - helped mend their relationship.

"At the end they wanted to be friends," Quadro said. "That doesn't happen in court."

Because Quadro's data is incomplete for some months, it's impossible to say exactly how many cases have gone to mediation over the last year-and-a-half. But Quadro recorded at least 75. Of those, 62 came to some sort of agreement.

"It has been enormously successful, even beyond what we had hoped for," Wolf said.

In about half of those 62 cases, the two sides dismissed the harassment order and resolved their issues.

The other half agreed to accept an harassment order. Proponents still consider that a win, believing people are more likely to abide by an order they've consented to rather than one imposed by a judge.

"To have people reach an agreement is an empowering thing," Cote said.

Proponents say mediation also helps save the court time and money since judges don't have to hear cases resolved through mediation.

"The question," Cote said, "is how do we keep this going?"

After a year and a half of work, organizers have started to worry about the pilot program's future. The Fisher Foundation spends about $10,000 a year on it and Wolf doesn't plan to pull funding anytime soon, but she'd like other groups to get involved. She'd like the program to become more independent.

"I'd love to see it as not just a pilot program," Wolf said.

Organizers says they've contacted a number of groups, including the United Way and the Maine Community Foundation, but none have come through with funding.

"A lot of people say the courts are benefiting, the courts should pay for it," Quadro said. "But the courts don't have the money either."

So far, Quadro said, organizers have not asked area lawmakers for state funding. There are so many other priorities for the courts, from security to staffing, that they don't believe mediation would go high on the list.

For now, organizers say they'll keep looking to other places for help while they continue to offer their own help.

"I'm proud of it," Wolf said. "It allows people to keep power in their own hands. It allows their better nature to shine through."

By the numbers

75 cases

29: agreed to dismiss the harassment order request

33: agreed to the harassment order

13: no agreement

*Because data is incomplete for some months, there were more cases than those in this calculation.

CLICK HERE To Show/Hide Discussion Thread - (4 Comments)
Comments
Posted By:oijo at August 12, 2007 6:27 AM (Suggest Removal)
Wow! this is such an awesome idea. My son and I have been dealing with cyber harassment all summer long. The kids doing the harassing don't have parents who care much obviously, because they allow this to happen.They became aware of the issue, but all summer refuse to stop it from happening. So far I have refrained from a POH order to have mercy on the little jerks.I like kids, I am in the midst of becoming a teacher this year. I wish guidance for these boys.They need mentors. I had an appt. to see a lawyer then canceled, because the kids sort of eased up on their antics.Now that they've started up again, I have to face the question again: Do I want to call the lawyer again? All I want is someone to contact the boys and speak to them about not contacting us at my home at all through email or any other means. Police said they won't do it.....they don't like getting involved one officer told me.

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Posted By:Treehugger at August 12, 2007 8:59 AM (Suggest Removal)
Hit the delete button!

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Posted By:cs at August 12, 2007 9:03 AM (Suggest Removal)
My family & I have been suffering harassment from a neighbor. The police have done as much as they can, we did try to get a protection order, however our lovely neighbors hired a lawyer and my own stupidity we did not. The courts do not take harassment seriously, though the woman suffers from mental illness and threatened our children, threatened to burn down our house amongst other things, the judge said what she does is a "nuisance" not harassment. So when one of our kids are hurt we will be able to thank Judge Cote. He is a stand up kind of guy!

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Posted By:Soccermom at August 12, 2007 8:10 PM (Suggest Removal)
We have dealt with harassment from our neighbor for 6-7 years. He has brought animal cruelty charges against us (dismissed with viger by judge), he has verbally and physically harassed my children (staring at my daughter as she waited for school bus and pretending to chase my son down the road), has called the police innumerable times, has gone on our cable channel at a selectmans meeting to talk about our trash blowing into his yard etc,. etc. He is a convicted rapist. We went to the Lewiston court and begged them for a protection from harassment. They refused and told us we didn't get it becasue we had not TOLD him we were filing. They suggested we get a 506A. State Police did not have a clue what this was. Long story short, we live through CONSTANT harassment and nothing is done. The Sheriff was here just the other day becasue he complained that our daughter beeped when she went by his house. Sheriff told us to stop harassing HIM. Yeah our system stinks! And the police and courts wonder why so many people take the law into their own hands!

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