Domestic Violence Accusations

If you have been charged with domestic violence, you will soon learn about how harshly such an accusation is handled, especially compared to other crimes. Just being accused of domestic violence or being served with a protection order causes a person to lose certain rights, including the right to possess a firearm or ammunition. By definition, domestic violence is a crime between those with an intimate relationship, and the only witnesses usually comes from those people. Domestic 911 calls are usually made at an emotional time, and accuser frequently later recants. Prosecutors, police officers, and others in the justice system seem bent, however, on securing a conviction at all costs in domestic violence cases. Why the extra aggression?

Domestic violence is a serious problem. Department of Justice statistics suggest that one in four women experience at least one physical assault by a partner during adulthood. The DOJ also suggests stalking affects over 1.4 million people a year. No one should be allowed to commit domestic violence but escape justice because the victim has been emotionally/physically coerced to drop a case. No one can deny the domestic violence problem is real. The problem is how to handle these types of cases, with their extreme emotional overtones. The problem has reached the point where Congress and the President have become involved.

The Violence Against Women Act of 1994

In 1994, President Clinton signed into law the Violence Against Women Act. This Act provided for $1.6 billion in funds over the succeeding five years to be distributed among participating states. To be eligible, the Attorney General’s office of each state had to make yearly application. The application required statistics, such as number of domestic violence calls, number of police responses, arrest rates, conviction/diversion rates, and other information. To insure continued eligibility, participating states would have to show improvement, including greater and greater conviction rates.

On January 5, 2006, President Bush signed into law the “Violence Against Women and Department of Justice Reauthorization Act of 2005.” This law provides for a staggering $3.947 billion in grants to participating states (Kansas and Missouri participate) over the next five years.

Proponents of the VAWA claim incredible inroads have been made as a result of the original 1994 VAWA, and that these additional funds will be of further assistance in combating the problem of domestic violence. They proudly proclaim that between 1994-2000, violent victimizations of women declined by 49% as a result of the original bill. These proponents claim a 51% increase in reporting of domestic violence calls since 1994 as proof the program is working. These statistics simply do not tell the whole story.

As a result of the original VAWA funding, the legal landscape of investigation, prosecution, and resolution of these cases has changed dramatically. Local county prosecutors employ prosecutors, victim’s impact personnel, and other staff, whose sole job is the prosecution of alleged domestic violence. In other words, the salary of many of these county employees hinges upon whether the yearly grant money is awarded, which of course, hinges upon a greater and greater conviction rate. As a result, domestic violence prosecutors will often refuse to dismiss weak cases or those without merit, citing a “no-drop policy.”

Local police departments, who must eventually answer to the prosecutor, have also adopted policies mandating that an officer responding to a domestic violence call must arrest someone. The individual officer’s discretion on whether a crime was really committed is sacrificed to insure a high arrest rate. Thus begins a cycle designed with certain goals, including a conviction for domestic violence.

If you have been arrested for domestic violence

Christopher J. Angles can help. He has extensive experience defending domestic violence/protection order accusations. He knows how to navigate through the legal minefield which the client faces in these situations, which often include the possibility of the filing of more serious charges. He has proven strategies which have protected numerous clients from a domestic violence conviction. If you have been accused, the time to act is now. Contact us for a consultation.

"Ubi dubium ibi libertas: Where there is doubt, there is freedom"