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Domestic Violence Part FourJust dropping the charges is not the answer |
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By Bob Clark Assistant District Attorney |
The telephone rings in the District Attorney's office. "Hello, District Attorney's office."
Caller: "I want to talk to a district attorney about dropping assault charges I took out against my..." The majority of the callers will fill in the blank with husband or boyfriend, although many calls of this nature are from men who have charged women with assaults. In years past it was common for prosecutors to routinely drop such charges without examining the case further. That is no longer the case, especially when the incident is one of domestic abuse. Over the past several years the question of how to reduce domestic abuse and strengthen relationships and families has been examined from all conceivable angles. This includes counselors for victims as well as abusers, law enforcement officers, family health experts, clergy and attorneys. |
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These experts have learned that dropping charges does nothing to help the victim and the abuser break the cycle of violence. In fact, too often, dropping charges leads ultimately to more abuse.
The victim, many times, is pressured by the defendant to drop the charges by saying things like, "If you don't drop the charges I'll leave you, and you and the kids won't have enough money to live on" or "If you go through with this, I'll give you a real beating next time" or "You know it happened because I had too much to drink, and I promise to really stop drinking this time." Once the charges are dropped, the defendant has no reason to change his/her behavior. If another incident occurs a victim is less apt to take out another warrant due to embarrassment for not following through with the first, a fear that they won't be believed due to the earlier dropping of charges, or an unwillingness to have the pressures described above inflicted upon them once again. Not a healthy picture. So does this mean that the District Attorney's Office insists that all convicted assaulters be sent to jail? Absolutely not. We want to help the courts reach a result that addresses the facts of the assault, the relationship of the parties and the prevention of further assaults. The primary alternative we offer is to encourage the wrongdoer to seek treatment. Without professional help, people find it difficult to break behavior patterns that cause problems in their lives. The District Attorney's office wants an abuser to get help so that peace is restored to the victim as well as the abuser. Often we will ask the defendant to plead guilty to the assault with the agreement that the judge will not sentence the defendant. Instead, the defendant will be referred to treatment and required to return to court once that treatment is completed. If the defendant successfully completes his/her program, the judge will often allow the guilty plea to be withdrawn and then the case can be dismissed. If the defendant has too great a criminal record for such a dismissal, the judge will often tell a defendant, "If not for the treatment you were willing to undertake I would have given you a jail or prison sentence. Instead I am going to place you under a suspended sentence, which will require you to follow through with any further recommended treatment, not assault or harass the victim in your case-or anyone else for that matterand keep this sentence over your head for one, two or three years..." By drawing together the treatment community, law enforcement officers and the court system, a unified approach to the handling of domestic violence cases is now in place. It is the hope of the District Attorney's Office that this will prove to be a step toward reducing domestic violence in our community. Peace truly does begin at home. An informal gathering of those involved in the Domestic Violence Task Force will be held tonight (Thursday) in the old Jackson County Courthouse from 7-8:30 p.m. The evening will include information booths, door prizes and a candlelight closing ceremony. Domestic Violence Part1 |
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