Although new laws and police procedures have improved police response, some of these old, negative attitudes about "domestics" may persist and affect what officers do and don't do. Here's some i nformation that may help you get the police protection and assistance you deserve.
Make a second call if police have not arrived in 10 minutes. Make officers aware of weapons on the scene.
Without an arrest, you can ask the police to order the abuser away from the premises for 24 hours, (or longer on weekends). With an arrest, police can still issue this stay away order and abusers who violate this police order can be arrested.
When arrested, the abuser will be taken to jail and giv en an opportunity to post bail---a mininmum of $350.00 for a first offense. When bail is posted, abusers are released within a few hours and given a date to appear in court for an "Arraignment and Plea" (A&P) Hearing. Abusers who cannot post bail remain i n jail and have an A&P at the next convening of the court.
At the A&P evidence on the case is presnted.
Batterers who plead guilty are sentenced. Batterers who plead not guilty are scheduled for a trial. At the A&P the judge will order all defenda nts to turn over firearms to the police. You do not have to be present for the A&P.
When the case goes to trial, you will be supoenaed to appear as a witness for the State. The State has pressed charges against the abuser. Not you. But your testimony is very important in the case.
Convicted batterers or batterers who plead guilty must serve a minimum 48-hour jail term for first offenses, and a minimum 30-day jail term fi\or subsequent offenses. The judge can order more jail time, up to one year, a nd can also order a batterer's violence control program, a substance abuse assessment and/or place the defendant on probation.
When police respond to your call, you can ask them for a domestic violence card with numbers of agencies that can help you. Also let them know if you need transportation to a hospital, shelter or safe place.
You can also call the police and ask them to make a report after the abuse has occurred. And, police can protect you while you gather your belongings and leave. Respon se time on these kinds of calls is unpredictable, since these are not emergencies.
The Police Chief has expressed interest in receiving feedback from citizens on how polic e respond to domestic abuse cases.
Get the officer's name.
Either write to the Chief of Police or call Domestic Violence Clearinghous e and Legal Hotline, 531-3771.
If you call the police and they are effective---please let the Police Department know.
How police respond to your call is very important!