| Chapter
12
Covering Domestic Violence
By Sarah Huntley
Criminal Courts
Torn by loyalty and/or a reliance on a batterer, many domestic violence victims would rather not turn to the criminal justice system. But they often end up there. Some find the support, protection, and change they need to escape the violence; some find frustration and a sense of even less control.
Mandatory arrest
Entry into the criminal justice system typically starts with a 911 call or a victim going to a police station to file a report. If an officer finds probable cause that a crime has been committed, an alleged domestic violence perpetrator is guaranteed a minimum 24-hour stay at the nearest jail.
Nearly every state has adopted domestic violence policies that revolve around a “mandatory arrest” philosophy. The approach was adopted after a study in 1984 suggested that victims were more likely to get help – and potentially break away from the violence – if they had time to weigh their options and learn about services that were available in their community. The “mandatory arrest” concept took most of the discretion away from officers who might be inclined to let an abuser “walk it off” or who view domestic violence as a private matter. Many cops and advocates hail the adoption of these policies as an important turning point in keeping victims safe and bringing much-needed consistency to the way police approach the issue.
The concept hasn’t been without controversy. In 1992, criminologist Lawrence W. Sherman, one of the authors of the original mandatory arrest study, repudiated parts of his findings, saying his sample was too small. Subsequent studies have been inconsistent in their conclusions. Some have shown a modest reduction in violence, mostly if a perpetrator is an employed man with more to lose with an arrest. Others have shown no significant difference at all and at least one suggests that arresting unemployed men can lead to more violence in the long run. Critics worry that victims familiar with the policy may be more reluctant to call police for help. Many, they say, simply want to be safe. They don’t necessarily want their partner jailed.
Despite the debate, officers are required to follow strict protocols when arriving at the scene of a suspected domestic. Their primary job, after putting an end to any immediate violence they encounter, is determining whether there is probable cause to make an arrest. Most policies require investigators to separate the two parties and their children, talking to them individually. They’ll look for physical signs of violence, damage around the house, and any other indication there has been a dispute. They often interview neighbors and check for previous calls for service to the couple’s address(es). If officers see bruises, cuts or other injuries, it is becoming more common for them to take steps to document them, at least on paper, more often on video or with a digital camera. That evidence might turn out to be the entire case. “The next day, or two days later when detectives get the case, the victim might already be saying, ‘I don’t want to do this.’ We might not have a victim. We have to go into every case thinking that,” says Detective David Belue, a domestic violence investigator with the Denver Police Department. “Once you leave the scene, you can’t go back and reproduce it.”
First appearances and no-contact orders
Suspects in most states are guaranteed a first appearance before a judge within 24 hours of being arrested. At that hearing, a judge will determine whether to release the person on bond. The amount of bail is likely to vary, depending on the severity of the allegations. If a suspect is released, he is almost always ordered to have “no contact” with the victim. A “no contact” order means no physical contact, no phone calls, no letters and no communication through a third party. The latter point is especially important for reporters to remember. If you are attempting to talk to both sides, as you should, be wary of becoming a willing – or unwitting – conduit of information. A perpetrator may try to use you to determine a victim’s whereabouts, gauge his or her desire to prosecute, or send a message. If there are children in the relationship, a no-contact order may apply to them as well. A judge may allow supervision, but usually in a closely monitored setting. Violation of a no-contact order could result in a new arrest. The order remains in effect for the entire length of the criminal case or until a victim requests that it be removed. A victim does not have the final say as to whether an order can be removed or changed. All requests must be approved first by prosecutors and the judge handling the case. The ultimate decision is up to the court.
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