FAMILY PROTECTION & DOMESTIC VIOLENCE INTERVENTION ACT of 1994 - UPDATE EVALUATION OF THE MANDATORY ARREST PROVISIONS by Victoria Deming The Family Protection & Domestic Violence Intervention Act of 1994 introduced the Mandatory Arrest Laws in Domestic Violence situations. This law was and is a monumental breakthrough for the rights of victims in Domestic Violence situations and their Advocates across the state. In July of 1998, the Division of Criminal Justice Services and the Office for the Prevention of Domestic Violence of New York State issued a Second Interim Report evaluating the effectiveness and meritoriousness of the Mandatory Arrest Law. A few stipulations of the Mandatory Arrest Law as written are as follows:
This last stipulation includes the definition of "Family" and "Household" as differentiated within this law. As you have probably noticed, the Mandatory Arrest Law doesn't acknowledge boyfriend/ girlfriend, live-in (common law) or not, with or without children, dating couples, etc., as a lawful 'Family' or 'Household.' Therefore, sequestered by this law, people who fall into this category, technically, can not benefit from the safeguards that the Family Protection & Domestic Violence Intervention Act of 1994 (the Mandatory Arrest Law) offers. However, based on this Second Interim Report, the Mandatory Arrest Law is working the way it was designed to work. Batterers' are being removed from the Domestic Violence situations by Law Enforcement Officials. The decision to have the aggressive party arrested no longer falls solely into the victims' hands. Probable Cause, as defined under current law, is the element governed by the watchful and vigilant eyes of Law Enforcement Officials. Probable Cause is now one of the primary determining factors safeguarding the victim's of domestic violence. In the Summary of the First Interim Report of the Mandatory Arrest Law in 1997, it was reported that: "Almost all prosecutors reported that their domestic violence policies prescribed routinely seeking temporary orders of protection for victims." It was also stated that "There was a great deal of variation among the ten reported research sites in the frequency with which in incidents involving physical attack were charged as Misdemeanor assault. Some jurisdictions routinely charged incidents involving punches, choking and injury as assault, others routinely charged seemingly serious beatings and attempted strangulations as harassment (DVIA, 1998)." The findings from the Second Interim Report in 1998 were "In over half of the incidents, the suspect had left the scene by the time police had arrived. In over 95 percent of the incidents in which the suspect was present, the offenses, as described by police reports, did not fall under the auspices of mandatory arrest (regardless of the victims wishes). These incidents either did not meet the physical injury threshold as required under the mandatory arrest provisions or the relationship between the victim and the suspect did not meet the technical definitions of 'Family' or 'Household' (DVIA 1998)." Nearly half of all suspects arrested had criminal records for earlier felony arrests. There is still a requirement, if you will, for a significant measure of bodily trauma in order to initiate a Misdemeanor offense. On the positive side, it is reported that "Seventy-six percent of responding departments regularly refer offenders in domestic violence cases to Batterers' Intervention Programs (BIP's). Eighty-seven percent of those departments monitor these referrals and four out of five departments reported that they initiate a probation violation for non-compliance with BIP program requirements (DVIA 1998)." Another encouraging bit of news is that "A majority of [Police] departments are [now] members of local domestic violence task forces (68%); attend regular meetings with domestic violence agencies (75%); and have established working relationships with these agencies (92%); and require staff members to attend domestic violence training (98%) (DVIA 1998)." There are also a number of Domestic Violence web sites on the Internet where people can go for information, support, direction and referrals. A few of the choice sites for those of you who use the Internet are (all HTTP://www.) orion.law.pace.edu Recommendations, Amendments & Updates Since its enactment in 1994, there have been a number of recommendations and amendments to this law. In 1995, Governor Pataki signed an important amendment to the Mandatory Arrest Law. There is now a state-wide registry for any and all orders of protection. This amendment makes it easier for the police and court system to keep track of offenders. Another issue which has brought about just about the most deliberation is the section of the Mandatory Arrest Law pertaining to the concepts of 'Family' and 'Household.' From the beginning, police officials and courts have tended to tread leniently around the legally defined 'Family' and 'Household' issue or representation. The Domestic Violence Update for New York State Prosecutors at the Pace University Battered Women's Justice Center, (March - April 1995, Vol. 1, No. Copyright 1995), in April of 1995 stated that "the New York State Legislature passed and Governor Pataki signed into law, two amendments to the Family Protection and Domestic Violence Intervention Act (Battered Women's Justice Center, March - April 1995, Vol. 1, No. Copyright 1995)." The changes that have been amended to this act are as follows: 1) A statewide registry of all orders of protection and DV warrants dating back to July 1, 1995, and 2) The commencement of the Mandatory Arrest policy to October 1, 1995. The two amendments give Family Courts new options if an order of protection is violated. Cases can now be referred directly to Criminal Court or the District Attorney. The amendment now emphasizes Domestic Violence laws by the following methods:
Judges are now authorized to mandate the relinquishment of firearms retained by an aggressor of Domestic Violence. Judges may also rescind the batterer's firearm permit if there is Probable Cause - as defined and interpreted by the law - to postulate that the victim may be in danger. Thus, another victory for the Domestic Violence movement! Comments & Suggestions From Our Legal Community New York State Attorney General, Dennis C. Vacco, stated that the Family Protection and Domestic Violence Intervention Act of 1994 "...was ground-breaking in its attempt to implement sweeping protections for victims of domestic violence in New York State (Vacco, D. C., 1998)." Vacco said that the "Enactment of the Act not only provided practical legal protections for victims, but also sent a strong, unequivocal message that domestic violence is a crime, and will not be treated as any less harmful to the fabric of our society than other violent crimes (Vacco, D. C., 1998)." A.G. Vacco invites comments and suggestions regarding pro-arrest, the computerization of orders of protection and warrants, victims rights, or, other related issues. Prior to 1st District Assemblywoman, Patricia L. Acampora's election into office in 1993, she was the Suffolk County Executive's liaison to the task force on issues that surround Domestic Violence. Suffolk County falls among the largest counties in New York State. Thus, Acampora's interest, location and background work with Assemblywoman Helen Weinstine afforded an advantage by way of gaining experience and knowledge regarding DV issues which were assimilated into the completed Act in 1994. In 1993, the legislation regarding the principal components surrounding the Family Protection & Domestic Violence Intervention Act of 1994 were just being addressed in their infancy. Acampora commented that "In 1997, we amended the act to allow for a police officer to have the authority to make the decision on who initiated the violence and then arrest that party for their violent act (Acampora, P.L., 1998)." Prior to the 1997 amendment, the police were "...under the obligation to arrest both parties (Acampora, P.L., 1998)." she conveyed. "We are continuing our efforts in this area and will continue to do so well into the twenty-first century (Acampora, P.L., 1998)." 44th District Senator, Hugh T. Farley, remarked on how significant "The passage of the Family Protection and Domestic Violence Intervention Act of 1994 [is] ...because it provides for immediate intervention by our law enforcement officials... (Farley, H., 1998)." Farley mentioned how the current act "...enables our judicial system and other support services to help ensure greater protection for families (Farley, H., 1998)." Assemblyman Bill Magee, in Erieville, NY, is a strong supporter of laws that will uphold and protect the right's and safety of all people in our community. Magee is currently working dynamically in support of laws that are analogous to the Family Protection & Domestic Violence Intervention Act of 1994. He voted to reenact the death penalty; he actively supports law's such as Jenna's Law - a law that fights "...to end parole for violent offenders...(Magee, W. 1998)", and Megan's Law - the law that requires that parents be notified when a sex offender has moved into their community. The Civil Rights Bureau, Division of Public Advocacy in New York State works with and litigates situations which involve a person's Civil Right's and Discrimination class affairs. Regarding Domestic Violence issues, the Civil Rights Bureau is the place a person needs to contact if, for example, she or he feels that Safe Shelter is being denied by a Domestic Violence Agency in a discriminatory manner when Shelter is requested due to an episode of Domestic Violence. Domestic Violence Agency's Must provide Safe Shelter, or, a referral to another Safe House, within reason, to Anyone over the age of 18. If an agency cannot provide Shelter to a person, the reason Must be justifiable as defined by Law (ie. The Shelter may be full). Deputy Bureau Chief, Ruti K. Bell, from the Division of Public Advocacy, made several recommendations regarding victim's right's. For a broad spectrum of information and referrals regarding the right's of victim's and their family's, Bell advised that people call the following number created by the Attorney General: (Bell, R. K., 1998) Many times, in the heat of the moment or crisis period, women will make statements to Law Enforcement Officials on the scene such as "He beat me!"or "He hit me!" or even "I caused this to happen. He was just....again..." It is not surprising for a woman who has just been victimized to minimize the entire event to the Police or turn the blame on to herself. Law Enforcement Officials' need details to enable them to enact the Mandatory Arrest Law correctly and efficiently. A few candid suggestions/ requests on the Do's & Don't's from Law Enforcement Officials' directed toward DV advocate's and victims are as follows: The Don't's:
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The Do's:
The supplications above are but small yet strengthening steps that enable Law Enforcement Official's to put the Family Protection and Domestic Violence Intervention Act of 1994: The Mandatory Arrest Law, to work. The Family Protection and Domestic Violence Intervention Act of 1994: The Mandatory Arrest Law was, is, and will always be considered a astounding ground-breaking accomplishment and breakthrough for the rights of victims in DV circumstances, and, for their Advocates' who endeavor arduously to end domestic violence once and for all. There is still a long way to go but when we (as in you, me and everyone) all pull together to bring about a change of this magnitude, it can be done. By supporting the legislation and law's such as the Family Protection and Domestic Violence Intervention Act of 1994: The Mandatory Arrest Law, and voicing our concerns, advantageous changes will occur. -Victoria L. Deming
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