Domestic Violence

A Message from Prosecuting Attorney Chris Gaal on Domestic Violence

Focusing attention on domestic violence is a top priority for the Monroe County Prosecutor’s Office. Domestic violence cases involve a special dynamic known as the “cycle of violence,” whereby the perpetrator attempts to control the victim through physical violence, the threat of violence, or other methods of coercion. When a victim is in fear, the victim is under control.

The cycle of violence is a pattern characterized by a crisis followed by a temporary period of stability in which the victim returns to the relationship with their abuser. Due to the cycle of violence, it is not uncommon for a victim to initially call the police during a crisis, and then later request that the resulting criminal charge be dismissed. Unfortunately, the cycle usually continues with repeated crises that often become increasingly violent over time.

Breaking the cycle of domestic violence is more difficult than people often think. Violence tends to escalate as a victim tries to leave the relationship, and the perpetrator attempts to regain control. This is frequently a time when the victim’s safety is at serious risk. According to national statistics, thirty percent of female murder victims are slain by their intimate partners. The cycle of violence also tends to repeat from generation to generation as children who witness violence learn the behavioral pattern, and repeat it either as victims or perpetrators.

Stopping the cycle of violence is not just about breaking an emotional bond. There are usually practical concerns for victims that may cause them to remain in violent relationships – such as financial support, child care, or immigration status. In addition to fearing the threat of physical violence, victims may fear losing their children, or the economic support of a financial safety net. Isolation is another common tactic of control whereby the victim is denied the support network of family and friends. There may be social pressures to keep the family together. Leaving a relationship may be seen as a personal failure resulting in feelings of guilt and shame. A victim may hope things will get better, and may believe promises that the batterer will change their behavior in the future. Victims may also fear that they won’t be believed, will be blamed for their abuse, or that the criminal justice system won’t respond to protect them.

In order to successfully intervene to break the cycle of violence, the Monroe County Prosecutor’s Office attempts to contact the victim as early as possible in the criminal justice process, and establish a relationship through our Victim Assistance Program. Our domestic violence Victim Assistant will call the victim as soon as a criminal charge is filed, and in most cases even before. Our first priority in a domestic violence case is to ensure the victim’s safety. Domestic violence victims are often in the greatest danger when attempting to seek help. The Victim Assistant will listen to the victim’s wishes and concerns, encourage the development of a personalized “safety plan,” and make referrals to useful community resources and support services. We will also explain the tools of a “No Contact Order” and “Protective Order” – a court order for a perpetrator to not have contact with the victim. We will encourage the victim’s cooperation in a criminal prosecution, explain the process, and help the victim anticipate what to expect in court.

Victims who testify in domestic violence cases are performing a difficult public service for the community – not unlike jury duty. They are protecting everyone’s public safety by ensuring that justice is done and the perpetrator of a crime is held accountable. Being a victim of domestic violence is already a traumatic experience. Testifying in court requires the victim to relive a painful, personal and emotional experience in a public and intimidating setting. Often the victim maintains a personal relationship with the defendant, and thus may suffer feelings of confusion, self-doubt and regret. Societal prejudices that “blame the victim” for provoking the abuse may also create additional pressures. Testifying in court is usually an unpleasant experience for victims.

A successful prosecution typically requires a victim’s cooperation and testimony. However, the Prosecutor’s Office will not necessarily dismiss a case because a victim does not wish to participate. While a victim’s wishes are important to consider, a victim’s change in testimony or request that a criminal charge be dismissed may result from continued coercion from the defendant and the well-known cycle of violence. As such, the Prosecutor’s Office may continue to pursue prosecution notwithstanding lack of cooperation from the victim if there is sufficient evidence in the case to proceed. Indeed, it is often a comfort for the victim to know that continued prosecution of a criminal charge is not the victim’s responsibility. Domestic violence is the perpetrator’s responsibility. A criminal defendant should not be allowed to avoid accountability through pressuring the victim to refuse to cooperate. The role of the Prosecutor’s Office is to enforce the law, and domestic violence is a criminal offense. Holding perpetrators accountable under the law helps break the cycle of domestic violence.

The goals in a domestic violence prosecution are to ensure the victim’s safety and to hold the defendant accountable by obtaining a criminal conviction. Upon conviction, a sentence may include jail and a period of supervision on probation. There is also an important focus on rehabilitation aimed at modifying the defendant’s violent behavior. Virtually every domestic violence defendant will eventually return to the community, and in some cases return to the same relationship with the victim. Therefore, every domestic violence sentence requires that the defendant attend the “Batterer’s Treatment Program” – a twenty-six week course offered by a local mental health provider. This program helps defendants learn ways to resolve conflict other than through violence.

In every case, the Prosecutor’s Office attempts to obtain the most favorable outcome possible. Generally, this means seeking a criminal conviction. In order to obtain a conviction, the State bears the burden to present the jury with sufficient credible and admissible evidence to prove the defendant’s guilt beyond a reasonable doubt. Often this requires the victim’s cooperation as a testifying witness along with some corroborating evidence. Each case is evaluated on an individual basis and prosecuted to the full extent possible given the evidence. Despite efforts at changing public opinion, some jurors still view incidents of domestic violence as a private affair that is not appropriate for state intervention. In the event the available evidence will not support a conviction, a case may be referred to the Domestic Violence Intervention System (DVIS), a diversion program whereby the defendant can earn dismissal of the charge on the condition that they successfully complete the Batterer’s Treatment Program and commit no new criminal offenses for a year.

The Prosecutor’s Office maintains a liberal filing policy in charging domestic violence cases in order to encourage victims to report and seek help, promote victim safety through intervention, and provide rehabilitation services to perpetrators. Even in cases where a victim’s injuries are not substantial, it is important to send a message that the criminal justice system will respond to domestic violence incidents in our community.

Together we can break the cycle of violence and move towards a safer community.

Chris Gaal
Monroe County Prosecuting Attorney