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Domestic Violence


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  • Domestic Violence

    About a year or so ago Staffordshire Police and CPS came up with a new Domestic Violence Policy. The policy is apparently going nationwide soon.

    Basically you turn upto a domestic, party 1 has a black eye and party 2 is upstairs with no injuries. Party 1 tells you what happened but wont give statement. No worries we can just trott on upstairs and arrest party 2, even if the victim doesnt want to attend court.

    It basically takes the decsion out of the victims hands to prosecute offenders, which is a brillant idea.
    We`re damned if we do, we`re damned if we dont !!!

  • #2
    Many states in the US have that written into the law. For example, in Ohio, I'm required to arrest the "primary aggressor" if 1. One party completes a written, signed statement claiming domestic violence or, 2. One party has clear physical injury and there is reason to believe that the other party cause that injury.

    There is a downside to the law being written this way, however. Our "regular customers" when it comes to DV get to know and understand how the law works, and can use it to get their significant other arrested just on their word. It can be used out of spite, even if the officer knows what's really going on.
    "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
    -Friedrich Nietzsche


    • #3
      We've had this policy in GMP for at least a couple of years now. I'm all for it.

      CPS are starting to run trials without a/p statements (using attending officers evidence i.e. injuries seen, state of house, etc) and will summons and even issue witness arrest warrants in certain cases if the vicitm refuses to help. This zero tolerance stance takes the pressure of the victim I've found, as we take action whatever, even if the vicitm is too confused or upset to decide or make rational decision.

      Purely anecdotal but we seem to be having less repeat calls to the same addresses.
      carpe diem


      • #4
        As you know, in the US, each State is essentially a sovereign country (although some of the eastern states forget that from time to time). As such, the laws are very different in each state depending on the social structure of it
        Last edited by Caoimh; 02-17-2006, 09:47 AM.


        • #5
          [quote]Some states are so gender biased, they define
          "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
          -Friedrich Nietzsche


          • #6
            We have had this policy in Hertfordshire for the last 18 months or so.

            My views? One glove doesnt fit every hand, it seems again to be taking away our discretion to view each situation on its own merits.


            • #7
              In 9 out of 10 cases...the male is arrested....regardless of who is the 'offender'...

              It is worrying...
              "Decent people sleep soundly at night, because rough men stand ready in the night to visit violence on those who would do us harm"


              • #8
                New York State has had such a law for quite a while now, ever since OJ Simpson did his thing. That seems to have been the impetus for many of the US law changes.

                I won't bore anyone with the minutia of the law, as it's rather comlex. But on balance, I think it's a good idea. It doesn't solve any long-term problems, but it does seem to solve some, if only for that night.
                You can now follow me on twitter.


                • #9
                  We don't have that policy here, but in general we arrest in all dv cases..even though the victim comes to bail out the suspect the next afternoon.

                  Here we are not required to arrest in the instances of injury. However, if a victim refuses to come forward out of fear a third party may initiate proceedings on the behalf of the victim with the leave of the court. This happens rarely.


                  • #10
                    I think this topic was mentioned earlier before. Here in Austria we can order the aggressor out of the house, even if there are no injuries. There will be court report, unless the victim files charges.
                    The aggressor has to stay away for 10 days (if the victim files charges, for at least 20 days).
                    It was found a good solution to prevent more serious crimes being comitted.
                    By the way, I myself had to order approx. 15 persons out of their homes, 14 of them male, only one female.


                    • #11
                      We've now got Kodak digital cameras & printers to photograph DV victims injuries & like everywhere else in England & Wales we have to take positive action at domestics. The cameras mean we get evidence of injuries even if the victim then subsequently refuses to co-operate with the prosecution. The result even with a hostile witness the Crown Prosecution Service/CPS is more likey to prosecute. All DV logs have also to be quality assured by the sergeant to ensure compliance with policy.



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