Domestic_Violence,_Court,_and_You

Domestic violence comes in various shapes and sizes. Mandatory arrest laws and a “no drop” prosecution policy were made to protect victims of domestic violence not to destroy families. Unfortunately, with these policies in place the courts have decided who does and who does not stay together leaving the victim still in a controlled situation. So many families are involved in domestic violence that court interference is inevitable but when does one lose the right to decide who they belong with and who they do not' In 2001, there was a case of domestic violence (The Winters) that resulted in the wife going to the emergency room and the husband to jail. It started as a petty argument and escalated out of control. The children were in the living room and their parents were in the bedroom arguing and when the oldest daughter walked in she saw her mother turn around and her father shove his foot into her mothers back. That kick sent her mother across the room in which she hit her head on the wooden bunk beds. It split her head wide open; everyone including the father was terrified. The father immediately gathered the mother and children and put them in the car and drove to the emergency room. The mother who was conscious the entire time told the doctor they had an argument and it escalated to this, the doctor called the police. The couple, married for eight years, told police this was the first time anything like this had ever happened. They both agreed it was foolish and never should have come to this but the police arrested Mr. Winters. He was charged with a misdemeanor and spent the night in jail. Mrs. Winters received several stitches in her head and returned home. A few months later, the couple (The Winters) were out in the backyard and they started to argue. The neighbor heard them and called the police. When the police arrived at their home, the couple tried to explain they had an argument but all was fine. The police arrested him because of his prior domestic violence charge. The police told his wife they did not believe that she was communicating all that had happened to her honestly and with her husband in jail, she would be able to decide how she and the children could be safe. The police would not listen to her and even though she did not press charges, the state did. Because of this, work was lost, bills started to pile up, and it put a significant strain on the relationship. The husband was sentenced to 30 days in jail and ordered to attend anger management classes. A few years later, the couple was at a party and everyone was drinking and a fight broke out between Mr. Winters and another man at the party. Mrs. Winters attempted to stop the fight and because of this turned at just the right moment for her husband to hit her. He was aiming for the other man. The police arrived and once again, Mr. Winters was arrested. This time charged with a felony, aggravated assault. When the court date arrived, Mrs. Winters went to speak on her husbands behalf. She explained the incident to the judge and could not believe what the judge said to her when she was finished. He told her “She was clearly in denial of the abuse and believed if the offender (her husband) was ordered to have no contact for one year she could move forward with her life.” She was stunned and did not even know how to respond. Here was a man she had never met before planning the next year of her life for her. In the late 1980s, police departments in many states began to enforce mandatory arrest laws. Prior to this time police officers used their own discretion when deciding whether to arrest anyone. Mandatory arrest meant just that, they had to arrest someone. It did give the victim a chance to find a safe place and some time to assess the situation if domestic violence was really the issue. In the past, it gave the victim a feeling of empowerment to know that they could call the police and their offender would go to jail. But with the “no drop” prosecution policy, what . once gave them empowerment now left them feeling like the helpless victim of domestic violence. Prosecutors for the state would press charges against offenders when the victim would not. It would not matter what the victim would say nor do, the state saw domestic violence in black and white only. In the case of the Winters, Mrs. Winters refused to press charges when her husband kicked her stating they were both at fault and wished to put this all in the past. The state however did not see it like that and picked up the charges. Mrs. Winters refused to testify for the state so the prosecutor subpoenaed their eight-year-old daughter to testify against her father. Mr. Winters had entered a plea of not guilty changed it to guilty to avoid making his daughter go through such an ordeal. For the couple this meant more of the money used to support the family would be used for fines and lawyers. For the husband it was jail time, lost wages, and a feeling of resentment towards his family. The policy meant to help families was doing more harm than good. Although many times, especially in a domestic violence situation, the one being abused may be afraid to press charges. For them this policy was a lifesaver. Domestic violence does affect more than the victims. The family’s financial burden begins to escalate with court costs, fines, classes, and loss of work. Many times children begin to misbehave or act out in school because the stress level escalates and they do not know what to do in these situations. It is not only a burden financially but emotionally as well. When a judge makes a ruling in one of these no drop prosecution cases, most of his decision comes from the paper the prosecution gives them with an accounting of the incident. This paper contains recommendation from the victim advocate. The victim advocate is someone who interviews the victim and gives an assessment of his or her situation to the court. Mrs. Winters said the victim advocate had already decided she was in denial of the abuse, and it seemed anything she said was misinterpreted and made the situation worse. The courts ability to divide families of domestic violence is astounding. Many times, it is necessary for a judge to make this decision on behalf of the victim. The judge should discuss with the victim their options and then make a decision based on their individual situations. As for the Winters, their last time to court the judge ordered Mr. Winters to have no contact with the victim (his wife) for a period of one year and six months in jail. Even though Mrs. Winters testified on behalf of her husband and told the judge, she wanted to be with him the judge still ordered no contact. It was devastating to the entire family. Mrs. Winters did not work she stayed home with her four children and Mr. Winters was the sole provider for the family. Mrs. Winters was forced to move to Maryland with her four children to live with her grandmother. At first, she thought it would be best for them to be away so her husband could focus on finishing his sentence without the risk of more jail time. The judge had ordered no contact and that meant not even talking on the phone. Near the end of the year Mrs. Winters received a phone call from her brother in law telling her she could come home, Mr. Winters had died. The shelters are full of families of domestic violence. Domestic violence is inexcusable in any form but each situation has its own circumstances. If the victim is afraid then the mandatory arrest laws are wonderful but for a couple having, an argument how wonderful is law' Dividing families that want to be together is not the answer. There are ways to stop domestic violence without splitting up families. Statistics show that domestic violence is a continuous cycle. The wheel of domestic violence shows how crucial it is for families to remove obstacles to prevent future abuse. • Females make up 95% of domestic violence victims. • Battering is the largest single major cause of injury to women. • 75% of the women who leave their abuser are killed after they leave. • 1/3 of the women who are murdered are murdered by their partners. • Approximately 3-10 million children witness domestic violence every year. This is the power and control wheel, it shows various forms of domestic violence. [pic] Copyright © 2009, Creative Communications Group. Mandatory arrest laws were designed to give the victim a chance to think over the situation without fear of violence. When the no drop prosecution policy began, it simply transferred control of the victim to one a little less violent. Victims still do not have any control over the domestic violence in their lives when a judge is ordering them to have no contact or to separate. Domestic violence is not only about the physical abuse but also about the control one has over another. If the victim has no voice in the matter, how does this help' The Winters family was ordered to have no contact for one year. The wife and children moved to Maryland for the year in order keep the husband from breaking the court order. The wife wanted to save her marriage and prevent her husband from any more jail time while she was gone her husband died. The laws and policies meant to help in this case did the majority of the damage. The courts should have some influence but they should not control each person’s life. Mandatory policies demand that criminal justice professionals ignore the difference between serious (battering) and minor (family conflict) (Davis, 2008; Johnson & Ferraro, 2000). Is it possible to rectify the situation' The decision should go from the judge back to the victim. There are some that need a judge to take control of the situation; victim advocates should focus on them. The mandatory arrest laws have a one size fits all policy. This has proved to be good for some and truly devastating for others. There really is no right or wrong answer; it is all based on the individual needs of the family involved. When the judge orders a family to have no contact do they even consider how it will affect the children, the wife, the financial needs of the family, etc' No, they do not. There primary concern is the domestic violence offender and how to take them off the streets. So many families are drawn into the court system and do not know how to find there way back out, it is nearly impossible. Does the courts ability to control the relationship really help or is it making life more difficult for those involved' With the possibility of being forced to separate many victims of domestic violence stopped asking for police intervention. Domestic violence is everywhere and the only way to stop it is to be involved. Taking away the rights of victims by transferring control from the abuser to the court is leaving the victim a victim. Educating communities about domestic violence will let victims know help is there. In order to [Clear writing suggestion: the meaning will be the same (and less wordy) by removing "in order"] end domestic violence the victims have to stop being victims and regain control of their lives. Victims will not regain control unless they make decisions for themselves. Mandatory arrest laws and no drop policies will not allow the victim to regain control of the situation. Mrs. [Avoid using salutatory titles] Winters said she regrets ever talking [Possible error: if these two words function as an adjective, they should be spelled as a single hyphenated word] to police, victim advocates and [Check punctuation--insert a comma before this word if this is the last in a list of more than two--or if it begins a new clause] even the judge. While they were busy, doing what was best for her “the victim” she lost her husband and her children lost their [Check pronoun agreement--if "their" refers to "she" (or a singular subject), it should be singular, too (his or her)] father. The laws and policies need to be reviewed [Passive voice] and revised, each situation is different. Until that is considered, [Passive voice] a once happy family like the Winters simply becomes part of the domestic violence statistics.