In many domestic violence situations, the victim doesn’t want to report his or her spouse because she is afraid of the repercussions. She is scared of reprisal or financially unstable and can’t afford to get away. Sometimes victims don’t know where to turn because they don’t want close friends to find out or can’t face possible loss of employment. And of course, there’s the ongoing hope that the behavior will change and things will work out. If you are a victim of domestic abuse, we know it’s not easy to make the call, but it’s necessary to help end the abuse. If you are a perpetrator or victim and are wondering what to expect once it’s reported, here’s a quick synopsis.
The exact laws vary a bit from state to state, but in general, if you, a neighbor or friend report the abuse to the authorities, law enforcement must make an arrest if there is any type of probable cause. It’s no laughing matter in the eyes of the court; therefore many jurisdictions have zero tolerance policies. In most cases, once the defendant is charged for domestic violence, the victim cannot stop the process by saying they no longer want to press charges. There are many reasons for this including the fact that the state believes that the abuse will get progressively worse and that the victim might be under pressure to drop the charges by the defendant. So when an individual is charged with domestic assault, the charge now is coming from the state, not the victim.
In some states prohibited acts include physical violence and also threat of physical violence. This means that the aggressor states that he will hurt you without actually following through with it. Additional charges are added in some states like Utah if a child is present to witness the domestic violence. Aggravated stalking – following someone around, checking their mail, listening to voice mail, reading email, etc. can also be considered an offense that falls under a domestic violence crime.
The first court appearance will be a hearing in front of the judge, which generally occurs within the next couple of days. The judge will decide if a protective order should be set, look at the defendant’s criminal background, have guns surrendered, consider the seriousness of the allegations and order at least a 48 hour no contact period with the victim. The next hearing will be a status hearing at which the defendant pleads guilty or not guilty. If pleading not guilty, an attorney will be necessary to present your case with witnesses and facts as to your innocence. If pleading guilty, then based on the severity of the case, the judge will administer fines, community service, jail time or possible home detention, and/or court ordered treatment programs.
Domestic violence treatment programs are required to help the offender learn how to break the cycle of violence. The required program lengths vary from state to state but can range from a minimum of 24 sessions in Florida to 52 sessions in California. Programs focus on teaching clients how to better manage stress, peacefully resolve conflict and improve communication skills. Participants take a look at their past history, what triggers their aggression and how to gain a new awareness of how their actions effects others. The goal is to learn self-control to redirect behavior in a more positive way.
