Friday, March 25, 2011

Domestic Bliss

       The new hot button topic in Law Enforcement circles? Domestic Violence, and how to handle a domestic call. Ask any Officer, what's the most dangerous call he can go on, and he will tell you, a DV call. Over the past years there have been many Officers killed while responding to DV calls, and on top of that there have been many men and women abused and even killed during these calls. Society's response to all of this has been extremely tough DV law. Law's that require Officers to sometimes make physical arrests and prosecute on misdemeanors that did not occur in their presence, regardless of the victim's wishes. These laws have saved countless lives, and they are a step in the right direction. However, in the world of intense domestic situations there is a large grey area that is not widely discussed, except within law enforcement circles. What defines a domestic relationship?
      Recently a 27 year old went out with his friends from college to a popular bar in his hometown. During that outing he and another friend got into an argument over a minor issue that in the larger scheme of things, made no difference. During this argument the 27 year old's friend shoved him out of the way so he could leave. Angry about being pushed, and fueled by alcohol, the 27 year old became so enraged that he decided to attack his former friend. The 27 year old came forward and struck his friend several times in the back of the head, knocking him to the ground, and causing a minor cut on his hand and a knot on his head. Seeing what he had done, the man was immediately filled with regret, and stooped down to help his friend. However, the damage had been done. The friend got up, with the help of others around him, and stormed outside where he called Police. However, once police arrived the friend had changed his mind about the situation, and decided that he no longer wanted to press charges against his former friend. Officers decided to file a report on the situation in case the friend changed his mind later. While speaking to officers about the incident the suspect made a passing comment about, this being why the two had stopped living together in college.
      Let's stop right here, and let me explain something. The word domestic in Domestic Violence does not necessarily mean a romantic or blood relationship is involved. What you need to understand is, Adults or minors who live together or who have lived together, qualify under domestic relationships.
      Because of this relationship, and because of domestic violence laws, officers were obligated to make an arrest and to prosecute, despite the wishes of the victim. This suspect had never before been in trouble with the law.
      What I want people to understand is, that the consequences of a "Simple Assault" are usually not that great. Often times an offender may get away with probation, a fine, a few days in jail, or a combination of any of these. They can usually even have this expunged after staying out of trouble for a few years. However, when you add a domestic relationship to the assault the consequences are much more far reaching. Your legal right to own and carry firearms is thereby revoked, unless, you are able to have the conviction purged from your record. That's IF and WHEN you can have it purged. There are other consequences, such as having to abide by order's of protection, and the stigma of having a domestic assault on your record. Regardless of what the circumstances may be, two former friends in a minor scuffle for instance, future employers or anyone conducting a background investigation will only see the conviction, no matter what you tell them.
      There will always be times in life where we find ourselves upset, angry, and wanting vengeance. However, before you do anything stop and think of the consequences. Any conviction on your record, domestic or not, can greatly hinder your ability to get a job. Remember, the consequences can affect others as well. It's always best to step aside and to take a deep breath. Your pride is not worth going to jail over.....EVER!

Please take the time and study the domestic violence laws in your state. Understand what they mean for you. Seemingly good and honest people can find themselves in situations where they make bad decisions. Even small mistakes can cost you a lot, not to mention what they cost the victim. There's no second chance when it comes to domestic violence. Stop, take a breath, and think about what you're doing.

As always the victims of domestic abuse crimes are the first and foremost priority. If you, or someone you know, has been a victim of domestic abuse, then please visit: http://www.thehotline.org/ or call
1-800-799-SAFE(7233) to get help or more information on resources in your local area.

Thanks!

1 comment:

  1. Good Job Garrett and good advice. It can also get you deported. Even if you are a lawful resident alien with twenty years here a domestic violence, stalking, or even violation of protection order will get you removed. Over-reaction from Congress, but strong consequences.

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