Does Mandated Domestic Violence Police Arrest Help or Hurt Domestic Abuse Families?

Over a year ago a newspaper reporter asked me this very question and I was on the fence. I thought I understood the battered women’s perspective and appreciated the police correction’s side. I truly can see this from both points of view, but today if I had to vote, I’d vote against mandated arrest.

Mandated Arrest for Domestic Violence

Mandated arrest is a law that requires law enforcement to make an arrest when specific conditions exist, which are indicative of the presence of domestic violence. The particulars differ from state to state for the states that have adopted mandated arrest for domestic abuse.

Mandated Domestic Violence Arrest and Police Corrections

The fundamental belief is that once domestic abuse leaks out to law enforcement, the victim can be manipulated or coerced into dropping charges. She is likely to be overpowered by the abuser to yield to his wishes. And in many cases this is exactly what happens. It happened to me 18 years ago.

In my particular case, mandated arrest could have helped my children and me. This is clear to me now. However, this is not always the case for domestic violence families.

Mandated Arrest and Battered Women

Individuals in the domestic abuse shelter communities are strongly opposed to mandated arrest because it takes the ultimate decision of proceeding with charges out of the victim’s hands. Essentially this gives her no say at a time when her vision embraces more of the whole family circumstance than that of anyone else.

In many respects it robs her of her basic human rights to make her own decisions regarding her welfare. It declares her momentarily incompetent to make this family abuse milestone decision. The reason I was on the fence over this debate is because I knew this “state of incompetence.” It is very real in cases of true unidirectional intimate partner violence.

However, most cases of domestic abuse are not so clear-cut. And when that is the situation, basic rights are infringed upon. Many people liken it to laws prohibiting abortion in that the woman is denied “her choice,” in a situation regarding her body… and her family. Mandated arrest for domestic abuse is seen as further victimizing the survivor… dis-empowering her, even more.

The Downside of Mandated Arrest

I have seen far too many cases when mandated arrest brought irreparable destruction to families that needed psychological care over corrections. One such case resulted in the perpetrator’s suicide and another in exacerbated psychopathology with severe implications for innocent minor children.

If you are “considering” going to the police, it will be in your interest to understand the specific implications of doing so. Know the laws in your state and the consequences of these statutes.

The keyword-operative word-here is “considering.” This word must be distinguished from a reflex urgent 911 call. You will want to call for immediate police help if you are in imminent danger. On the other hand, if you are reflecting on a domestic abuse altercation weeks on end after the fact, consider with full consideration, competency and care.

Divorce and Domestic Violence: Victims of Domestic Violence

Domestic Violence: Victims of Domestic Violence

If you are a victim of domestic violence or if you know someone who is a victim of domestic violence you may not know what to do in this situation. If it is an emergency you may want to consider calling 911. If you feel trapped in an abusive relationship that involves domestic violence, know that there are many ways to get away from domestic violence. Here are some ideas for victims of domestic violence that are worth exploring.

First you may want to consider a way to get away from the abuser and perpetrator of domestic violence. Right from the first domestic violence act, you may want to consider leaving the place that you share with the aggressor. Whether it is the first act of domestic violence or not it is much safer to get away from the abuser and find another place to stay. Too often, victims of domestic violence are afraid of leaving his/her place of residence resulting in more abuse by the perpetrator of domestic violence.

If you are a victim of domestic violence you may also want to consider obtaining some external help such as requesting assistance from the police or local law enforcement. If you are in need of legal advice, you will want to consult an attorney. You may also wish to consider contacting a friend or a neighbor to get away from the situation rather than try to get trough it alone. Sadly, victims of domestic violence, who are in a very vulnerable situation, will often be persuaded from attempting to obtain help. External assistance is often very critical to help keep the victim of domestic violence protected.

Local police officers and sheriffs are often trained to handle domestic violence cases and can be extremely helpful to the victim of domestic violence. Additionally, law enforcement personnel or city attorneys can provide victims with helpful information related to domestic violence or provide referrals to other local assistance centers such as emergency shelters or safe houses. There are also many local group activities on domestic violence for women which can provide counseling and legal assistance to women.

Another consideration would be to obtain a temporary or long-term restraining order in order to stop the domestic violence. A protective order generally provides that the abuser or perpetrator of domestic violence be restrained from having any form of contact with the victim, has to move out from the residence shared with the protected person, and should stay at least 100 yards away from the protected person at all times. If any children or family members live in the same place, they may also be included in the category of protected persons.

Anyone can be a victim of domestic violence whether you are rich or poor and whatever your background, such as a school drop-out or university graduate. Therefore it is essential to know how to get help with a domestic violence situation for your own health and safety as well as the health and safety of those close to you. If you are seeking legal advice regarding domestic violence and protective orders, you will want to consult an attorney in your jurisdiction.

© 2006 Child Custody Coach

Feminist ‘Greater Good’ Legislation Gave Rise to the Divorce and Domestic Violence Industry

Feminist-backed ‘greater good’ legislation has produced unjust ‘excuses’ for courts to deprive fathers and other men of their constitutional rights and protections while privileging and benefiting women. This legislation has produced an enormous court order-based industry – the divorce and domestic violence industry (DDVI) – that funds itself through extorting fit fathers and taxpayers. It’s a parasitic cadre of benefactors.

‘Greater good’ legislation effectively denies the inalienable rights – our constitutional rights – for which the U.S. was formed to secure for each of us. Feminists and women’s rights organization have propagandized the need for ‘greater good’ legal excuses under commendable-sounding reasons. They fraudulently suppress the tyrannical denial of rights of fathers and men that it produces. These ‘excuses’ are unconstitutional since securing our individual rights is the ‘greater good’ – the only one – and because their operation negates constitutional protections and maxims of law by which those rights are protected.

Two ‘greater good’ excuses are the safety of women’s ‘abuse excuse’ and the ‘best interest of the child excuse’. The unconstitutional court processes engendered by these excuses grant to women an enormous incentive to file for divorce or paternity to both eliminate fit fathers while extorting money from them for years.

These ‘excuses’ privilege a woman by allowing her – through court orders – to:

* falsely accuse and restrain a father from his house and children at her whim

* get custody of his children despite the father being a fit and loving parent

* receive at least half and, generally, much more of the marital assets, and

* receive what is euphemistically called ‘child support’ payments from the father every week for up to 23 years for however she wishes to spend them.

A mammoth state-participating cadre of benefactors makes up the DDVI, each seeking their benefits and fees that unjust court-orders so easily supply them. They close their eyes to the clear denial of a fit father’s parental rights, his enslavement under extortion that state-kidnapping of his children brings, mother’s alienation of his children and the defaming of him by protecting woman’s ability to falsely accuse him. And who are these benefactors and special interest groups of the DDVI?

Here are just a few:

-Mothers who don’t equally share or alternate full custody with fit fathers but extort the euphemistic child support payments and alimony from them and alienate his children. They commit true child abuse. This is where it all starts.

-Family Court Judges who daily ignore constitutional protections and deny fit fathers their children; then conspire with the Revenue Departments to support themselves illegally by ordering ever larger child support amounts; amass large amounts of political power by rewarding their buddies with GAL appointments, and then get jobs after they retire with GAL provider firms. They are the lynchpin upon which this tyranny depends.

-Lawyers who perpetuate bad divorce laws for the gravy train fees they get. They push for antagonism between father and mother for more fees.

-GALs and their provider umbrella firms, who now make $250/ hr by court appointment with full immunity for writing up ‘hearsay’ reports that always find problems with fathers.

-Parent Coordinators, Family service, and Probation officers who keep their jobs by perpetuating the system by enforcing the anti-father feminist jurisprudence.

-Psychologists who serve as GALs and feed off psychological damage a father and his children suffer under the present divorce system – without advocating change.

-Women’s (changed now to ‘victims’) advocates who all judges know to be women’s advocates and advise women how to plead their case; who monitor judges’ behavior and any anti-women (pro-father) decisions to expose an anti-women judge.

-Mental health evaluation clinics where men in divorce are deemed angry about being tyrannized – and then punished for it!

-Visitation centers for men to see their children for $50+ per hour when they have never committed any act that a reasonable person would consider ‘actionable’ abuse if any at all.

-Prisons who profit by increasing population of father and men due to unjust restraining order laws and child support laws both of which are implemented without constitutional due process.

The VAWA (the Violence Against Women Act) AntiFather Cadre consist in part of:

-Batterers groups instituted only for men -and paid by men to attend -under court order, -none for women who have repeatedly shown to be equally violent or abusive as men.

-Battered women shelters obviously only for women who advise women how to get an ‘effective’ divorce with trumped up abuse allegations

-Parent Education Program and Anger Management Providers who have a mandatory and monopolistic business by court order – which fathers must attend for sure, but not mothers.

-Social service agencies like Department of Social Services that tells mothers that if they don’t get a restraining order against fathers, then DSS will take over custody of children!

-Abuse training, helping, and awareness organizations that train police and counsel judges how all men are in denial if they don’t admit their abusive, and who write rules and legislative laws on domestic violence that are directed against men.

-State prosecuting agencies that receive extra funds for their domestic violence program and follow the present paradigm that the problem is always the man’s propagandized ‘natural’ abusiveness.

-State and Federal Revenue/Child Support enforcement Agencies who receive federal money in proportion to the amount of child support that is ordered by Courts which courts in turn get paid by state revenues – a clearly unconstitutional relationship.

-Child support collectors who make mega-bucks pursuing and persecuting mainly fathers. Anyone can be a bounty hunter.

-Colleges & Universities like Wellesley College in Wellesley, MA which create pseudo-scientific psychological analyses and clearly fraudulent court evaluation studies on how women are abused by the Court system in direct contradiction to the fact that every day in court is “mother’s day”

-Police who increase their budgets and keep their jobs by persecuting mostly fathers/families by executing arrest warrants and the like, including by the recent federal “law enforcement” sweep, not for terrorists, but for persecuted fathers

The DDVI depends on extorting fit fathers and taxpayers for their daily bread. Their political power allows them to fraudulently propagandize their ‘phony need’ while hiding the injustice. They keep the tyranny against fathers in place.

How Do I Find a Domestic Violence Lawyer?

Look at this situation, you have just been served of a temporary restraining order prompting you to avoid returning to your house, seeing and even speaking to your kids and your partner. The police are required to escort you to your home to gather up your things in just fifteen minutes. The best thing to do right after this is to contact a skilled domestic violence lawyer to defend your case.

Do not just hire any lawyer you see, make sure that the lawyer who will be defending you already handled a case on domestic violence. This is crucial because you need an expert lawyer to gather essential information, documents and witnesses for you so you can be acquitted of your criminal charge. Hiring between an experienced lawyer versus an inexperienced one could spell the difference between winning or losing your case.

The internet is the best place to start your search for a domestic violence lawyer. There are a lot of websites that can provide you not only with a list of capable lawyers but also information regarding your case. The first criterion you should consider is the solid background of the lawyer in the law field. It is important that the lawyer you would choose is well educated, and more importantly, posses a license to practice law in the state you are in.

Narrow down your search and use your good judgment in doing so. Now that you have a list of qualified candidates, the next thing you should do is to contact each one on your list and schedule for a consultation. The first consultation is usually free of charge so you better take advantage of this. In this meeting, you can explain your case to the lawyer and then he or she will in turn explain to you how he or she will go about the case you just presented. The lawyer can also advise you on the probability of success based on the facts you presented him or her. The consultation process is another important step in finding a domestic violence lawyer to represent your case. You will have the initial feel of working with the lawyer and this will determine whether you like his style or not and whether you trust him enough to defend you in court.

Once you find the lawyer that you think will best represent you, you then have to work out the payment terms for his or her service. Discuss the payment plans with your lawyer. Both of you should agree with the payment terms, if not, you better look for somebody else. Even if he is the best defense lawyer in the state, it will not matter if he will not work for you due to payment disagreements.

The Crime of Domestic Violence in Mississippi

Domestic violence in Mississippi is classified as either simple or aggravated. This law can be found in the Mississippi Code, Title 97, Chapter 3, Section 7 (97-3-7). Simple domestic violence is when a person (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (c) attempts by physical menace to put another in fear of imminent serious bodily harm. The victim must be a family or household member who resides with the defendant or who formerly resided with the defendant, a current or former spouse, a person who has a current dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child. Mississippi law defines “dating relationship” as a social relationship of a romantic or intimate nature.

Simple domestic violence in Mississippi is a misdemeanor punishable up to six months in jail and/or a fine of up to $500. However, a third conviction for simple domestic violence within five years is a felony and is punishable from 5-10 years.

Aggravated domestic violence, as its name suggests, is much more serious. It’s when a person (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm.

Aggravated domestic violence is punishable from one year in the county jail to up to 20 years in the state penitentiary. In most instances it will be a felony, but there may be some cases where it is a misdemeanor.

A Mississippi criminal lawyer can explain the legal process more if you’ve been charged with domestic violence. If you are a first-time offender you may be worried about being convicted and having this charge on your record. Being permanently convicted of domestic violence can hurt you in many ways. Under federal law, anyone convicted of this kind of charge is prohibited from ever owning or purchasing a firearm. Furthermore, being labeled as a violent person can harm your employment prospects and carry a lifetime stigma.

However, first-time offenders do have options for avoiding a permanent conviction. Having a Mississippi domestic violence lawyer on your side can help. There may be options such as supervised or unsupervised probation, or court-ordered anger management classes. If the victim does not want to press charges, having him or her sign an affidavit and presenting it to the court can also help achieve a fair outcome. Of course you can always fight the charge, but if there are ways to avoid the stress and risk of trial then those should be considered.