Comprehensive Framework for Preventing Family Violence

As society progresses, the perception of domestic violence has shifted significantly, transforming from a private or personal matter into a critical legal issue demanding urgent action. This evolution has placed law enforcement, prosecution, and the judicial system under scrutiny for their perceived inadequacies in safeguarding victims of domestic violence. According to Virginia’s 2013 Annual Domestic and Sexual Violence Report, a review of preliminary homicide data for 2012 revealed that there were at least 117 family and intimate partner homicides, accounting for approximately 34.0% of the 344 homicides in Virginia that year.

The most common factors leading to these tragic events included verbal disputes of unknown topics (19%), child abuse or neglect (16%), the dissolution of intimate partner relationships (15%), financial pressures (13%), substance or alcohol use (12%), and the perception of or discovery of a new intimate partner (10%) (Kenneth T. Cuccinelli, Domestic and Sexual Violence 2013 Annual Report). Disturbingly, 1 in 4 women (24.3%) and 1 in 7 men (13.8%) aged 18 and older in the United States have experienced severe physical violence by an intimate partner during their lifetime (National Domestic Violence Hotline).

Virginia statute Va. Code Ann. § 19.2-81.3 grants responding officers the discretion to make arrests in domestic violence situations, though it strongly encourages arrest. However, the discretionary nature of these arrests has led to significant repercussions and criticism against law enforcement, prosecution, and the courts for insufficient action to assist domestic violence victims. As a result, there is a pressing need for mandatory arrest and no-drop laws, alongside expanded options for victims, starting in Virginia and ideally extending across the United States.

Virginia's Response to Domestic Violence

Virginia is home to 58 organizations that offer varying levels of domestic violence services. Alarmingly, approximately a quarter of homicide victims in the state were killed by an intimate partner or loved one. In 2017, Prosecutor Colin Stolle’s office launched a new campaign aimed at assisting victims of domestic violence and reducing the number of related homicides. This initiative addresses challenges that prevent victims from escaping abusive relationships and provides essential education and resources to those in need. The ultimate goal is to extricate individuals from potentially dangerous situations and guide them to safety. One proposed solution involves the establishment of safe houses and hotlines, offering victims a refuge and a lifeline. To amplify this message, a public service announcement was released to air on local television stations and in movie theaters within the city (Harper).

In Virginia, commonwealth attorneys are not required to prosecute misdemeanor domestic violence cases. The 2013 Domestic and Sexual Violence Report indicated that 17,664 domestic violence crimes were reported to law enforcement, resulting in 20,718 arrests. Of these arrests, only 26% led to convictions of the abuser. However, of the 1,016 felony charges filed, 90% culminated in convictions (Kenneth T. Cuccinelli, Domestic and Sexual Violence in Virginia). In alignment with Colin Stolle’s plan, the Virginia Beach Commonwealth has prioritized prosecuting domestic violence cases, handling upwards of 1,500 cases annually (Harper). While state leaders have made some strides in providing resources and plans to support victims, they fall short in adequately punishing those guilty of abuse. Mandated arrest and no-drop laws, along with additional trial precautions to protect victims, should be implemented within the Virginia Beach Police Department and Commonwealth.

The Case for Mandatory Arrest and No-Drop Laws

Several compelling reasons support the implementation of these laws to curb domestic violence in the U.S. Often, victims are too fearful of their abusers to take action, resulting in unresolved situations. Frequently, law enforcement responds to domestic calls from victims, friends, family, or concerned neighbors. Whether officers witness acts of violence or not, the victim’s cooperation often determines whether charges proceed against the abuser. In many cases, victims withdraw charges or become uncooperative with law enforcement, leading prosecutors to drop about 50 to 80 percent of cases at the victim's request or due to lack of testimony (Corsilles). Mandatory arrest and no-drop laws eliminate this possibility, allowing prosecutions to advance without relying on victim cooperation (Corsilles). These laws ensure that perpetrators are held accountable, preventing them from returning to the victim and perpetuating the cycle of abuse.

Despite these benefits, critics argue that mandatory arrest laws could lead to an increase in wrongful arrests. Officers often arrive at a scene after significant events have transpired, making it difficult to ascertain the aggressor and victim. Dual arrests are common, potentially leading to the wrongful arrest of victims (Akron). Concerns also arise regarding violation of victims' rights, as some believe that victims should have the autonomy to decide whether to prosecute (Kuennen, 2010, p. 517). Fear of retaliation often deters victims from pursuing charges, even if they have left the abusive relationship.

Enhancing Victim Protection in Court

While Virginia Beach Commonwealth Attorney Colin Stolle emphasizes the priority of domestic violence cases, he omits mention of victim protection during trials. Safe houses and hotlines offer limited assistance. Former police officer and attorney Robin Sattahip notes that, depending on jurisdictional evidence codes, victims may testify via phone or video conference with a notary present to verify identity and administer the oath. In certain cases, pre-trial depositions may replace in-court testimony, although this is rare and subject to hearsay objections (Robin Sattahip). Adapting court policies to allow these options could benefit victims significantly.

Allowing victims to testify anonymously to the abuser, while challenging due to potential rights violations, could increase victim participation in trials. Though this is a contentious proposal, allowing victims to testify via phone or video conference provides a viable solution. This method preserves the defendant's right to cross-examination while sparing victims the trauma of facing their abusers in court.

The National Domestic Violence Hotline stresses that domestic violence transcends race, age, sexual orientation, religion, and gender, affecting married, cohabiting, and dating individuals across all socioeconomic backgrounds (National Domestic Violence Hotline). In Virginia Beach, domestic violence is taken seriously, yet statistics remain dauntingly high. The city is on the right path, and by implementing mandatory arrest and no-drop policies, alongside court precautions for victim testimony, it can lead by example and inspire neighboring cities to follow suit.

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