Three related murders that occurred on Aug. 8, two in a domestic violence situation, have once again spurred calls for more help to protect victims of partner abuse.
Thomas Zollicoffer has been charged with seven felonies in that case, including several related to the shooting death of his former partner, Vanessa DeHerrera, 26, and her friend, Scott Bucholz, 29, inside a South Side apartment building. A second woman, Shamarla Hare, 39, was also allegedly shot and killed by Zollicoffer at a home on N. 39th and Townsend.
The family of DeHerrera said she had been trying to leave Zollicoffer, her on-again, off-again boyfriend.
A common denominator in most domestic violence-related murders, including the deaths of DeHerrera and Bucholz, is that most involve firearms.
NNS spoke to advocacy and legal organizations about the risks firearms pose in a family violence setting and steps for those worried about a partner having a gun.
Rules about gun possession
Carmen Pitre, president and CEO of Sojourner Family Peace Center, emphasized that owning a firearm is only a crime when someone is legally prohibited from doing so.
When family violence is happening, those prohibitions allow authorities to intervene without waiting for another act of violence, Pitre said.
Eighty percent of the domestic violence-related homicides in Milwaukee County this year involved a firearm, according to Sojourner’s internal data.
Domestic violence allegations and arrests do not by themselves result in someone being prohibited from having a firearm. Police, though, might confiscate a firearm used in an incident, said Kathryn Aldrich, family law supervising attorney at Legal Action of Wisconsin.
The Milwaukee Police Department can also remove a firearm if the officer reasonably believes the weapon could pose a continued threat to the occupants of the residence based upon the nature of the incident, according to a district spokesperson.
“Additionally, when persons are found in possession of firearms, officers conduct searches for prior convictions and injunctions that would prohibit the possession of firearms,” the spokesperson said.
There are certain state and federal laws that prevent someone from possessing a firearm, including felony convictions, qualifying domestic violence misdemeanors under federal law and certain restraining orders or injunctions.
An injunction is a longer-term restraining order, and there are several types: domestic abuse, child abuse, harassment and individual-at-risk.
Wisconsin law treats firearm possession differently depending on the injunction.
In Wisconsin, domestic abuse and child abuse injunctions automatically prohibit firearm possession. Harassment and individual-at-risk injunctions require an additional court finding.
Domestic abuse injunctions can last from a few months to 10 years, though four years is most common, according to Cassidy Sandoval Baker, a supervising attorney at Centro Legal, a Milwaukee-based legal aid organization.
Every domestic abuse injunction requires the respondent to surrender firearms they own or possess to a sheriff’s officer or another person approved by the court, Aldrich said.
If MPD learns that a prohibited person is possibly in possession of a firearm, a felony investigation would be conducted, the MPD spokesperson said.
When the injunction expires, the respondent can request the return of firearms if no other legal restriction applies, Aldrich said.
How to obtain a domestic abuse injunction
Obtaining a domestic abuse injunction generally involves two stages.
The first stage is seeking a temporary restraining order. You can go to the Milwaukee County Courthouse, 901 N. 9th St., Room 711, to file one or you can file one online here by creating an account. The Wisconsin Court System also created an online forms assistant to help individuals file restraining orders.
If a restraining order is granted, it is intended to prohibit contact, harassment or threats to the petitioner but does not automatically ban firearms.
A hearing on the longer-term injunction generally occurs within two weeks.
In Milwaukee County, the court can schedule a firearm surrender hearing if the respondent acknowledges possessing a firearm or if the petitioner reports one and the court believes it may be true, Aldrich said.
The hearing typically occurs the following Friday before the duty judge. The respondent must appear at this hearing, but the petitioner does not.
The long-term injunction is held open for about 48 hours so the respondent can surrender firearms to the sheriff’s office while the temporary order remains in effect, Aldrich said. Unless firearms have already been surrendered, a deputy reports to the court, and most judges order the sheriff’s office to investigate.
Limits and gaps
Even under ideal circumstances, a gap exists between an allegation or arrest and when a firearm prohibition takes effect.
Violence can increase in that window, Pitre said.
“The gaps are glaring – often relying on self-reporting or the victim to bear the burden of proof,” Baker said. “There is a lack of a better functioning gun registry system to keep track of any of these weapons.”
A court order directing the sheriff’s office to investigate is not a search warrant, so deputies cannot search a home without permission, Aldrich said. She said this means there’s a chance firearms can be moved before authorities locate them.
Another problem is that the unit that conducts these types of investigations is understaffed, Aldrich said.
Pitre said the system improved after Milwaukee County began firearm surrender hearings – Wisconsin adopted its statewide process in 2014.
However, practices still vary by court commissioner, according to Baker.
Some commissioners routinely order a hearing when a petitioner reports firearm access, while others require an allegation that a firearm was used.
Additionally, some survivors hesitate to seek injunctions because of the firearm provision, Pitre said.
“They don’t want to be the reason that that person loses their firearm,” she said.
Access vs. ownership
There is also a distinction between legal permission to possess a firearm and actual access, Aldrich said.
“Pretty much any adult, and most minors, could get access to a firearm in Wisconsin,” she said.
Federal law requires background checks by licensed dealers, including at gun shows, but generally does not require checks for occasional private transfers between unlicensed people.
Resources
Centro Legal recommends connecting with Sojourner Family Peace Center to work with an advocate on a safety plan.
Pitre said she and her staff do not like to tell people what to do. Rather, she wants to give people a sense of their options.
People can contact Sojourner to break isolation, assess safety and decide next steps, which may include a restraining order, law enforcement, shelter, relocation or improved home security, Pitre said.
People can reach Sojourner’s 24-hour hotline by calling 414-933-2722 or texting 414-877-8100.
Walk-ins are accepted at the Sojourner Family Peace Center, 619 W. Walnut St., where advocates can help with restraining-order paperwork.
People elsewhere in Wisconsin can find their nearest domestic violence agency through End Domestic Abuse Wisconsin’s directory.
Victims can also ask MPD for resources, as the department partners with community-based organizations, which can assist citizens with safety planning, installation of home surveillance cameras, shelter and other legal advice.
Jonathan Aguilar is a visual journalist at Milwaukee Neighborhood News Service who is supported through a partnership between CatchLight Local and Report for America.
Republish our articles for free, online or in print, under a Creative Commons license.
