Domestic violence an unending plague

Domestic violence an unending plague

Oct 20, 2001

by Aspen C. Emmett
Journal Staff Writer

More than half of all women in America involved in an intimate relationship are sleeping with the enemy, so to speak.

Statistics show that approximately 4 million women are battered by their spouse every year. Domestic violence is the leading cause of physical injury to women in the United States. Additionally, more than twice as many women are killed by their husbands or boyfriends than are murdered by strangers.

Domestic violence is a secret epidemic that does not discriminate against age, race or socioeconomic conditions, according to Renew Director Dena Kay.

Renew is a Cortez-based victim advocacy group that provides support, counseling and safe havens for both women and men who are victims of domestic violence. As part of Domestic Violence Awareness month, Renew organized a community forum Wednesday evening, with local law officers, Renew victim advocates, and representatives of the district attorney’s office, probation department and courts.

Although most people think of domestic violence as physical abuse or destruction of property as it pertains to the law, other components are also forms of abuse that often go unnoticed outside the privacy of a home.

"Domestic violence is an ongoing dynamic in which one person is attempting to have power and control over another person," Kay told the audience. "It’s ongoing and it includes intimidation, degradation, and threats upon deterioration of the self-image of the victim. Then there’s also the physical-abuse part."

Males probably make up a very small percentage of abuse victims, Kay said, but Renew will help them as well as women.

She said Montezuma County has a particularly high number of domestic-violence incidents per capita, but emphasized it is a problem that extends far beyond the community and victimizes everyone.

Children who live in abusive households are some of the most dramatically affected victims, even if they are not physically abused, Kay said.

The first 18 months of a child’s life are perhaps the most impressionable, as his or her brain is shaped by the environment.

"Children in abuse settings become wired differently," Kay said. "They respond to their mother’s fear and they respond to the feeling of rage. These children are being programmed as if they were in a war zone."

As children get older, they continue to absorb problems.

"It slows their learning down and it reduces their ability to problem-solve because they don’t see problem-solving at home," Kay explained.

"It permanently affects their self-image and (their image) of the other sex. It also affects their ability to have positive relationships for the rest of their lives."

Furthermore, children may face the possibility of losing one or both parents when domestic violence permeates a home.

Last year there were 56 deaths in Colorado associated with domestic violence. So far this year, there have been three suicides in Montezuma County related to domestic violence.

"The deaths are not always the victims, though," Kay said. "There are suicides of the victims and the perpetrators."

However, intervention such as calling the police when a situation becomes physical can sometimes prevent further abuse.

Cortez Police Officer Diane Fox said domestic-violence calls are some of the most dangerous and difficult incidents officers respond to.

"We usually get domestic-violence calls from a neighbor or a child witnessing the abuse," Fox said. "It’s a really dangerous situation because when we respond to it, we’re going into somebody’s home and taking it over."

Fox said the first thing a responding officer does is separate the parties and look for weapons. The next task is to determine who instigated the violence and make an arrest.

"When we can determine who the predominant aggressor is, with probable cause ... we are mandated by the state of Colorado to make an arrest."

The mandatory-arrest law is relatively new. In the past, the victim had to press charges, which often meant incidents went unreported because victims didn’t want to see their loved ones go to jail or were afraid of retaliation.

"It’s a good thing," Fox said of the law. "It takes the burden off of the victim."

Immediately following the arrest, victims fill out forms that indicate what had happened and officers document injuries and property damage.

"Those records are helpful, especially when you get a recanting victim at the trial," Fox said.

She said victims often regret reporting domestic violence for a number of reasons, including their feelings for the perpetrator, worries about financial stability and concerns about their children. The victims occasionally become hostile when they realize the perpetrator will be arrested regardless of their wishes.

"I’ve been attacked by more than one victim," Fox said. "She’s just been injured and so we place the perpetrator under arrest and she’s on my back."

District Attorney Joe Olt said once all the information is gathered, it becomes his job to decide what charges to file.

"Domestic violence in itself is not a crime," he explained. "There’s usually an underlying crime — assault, harassment, stalking or something like that."

Domestic violence is filed as a sentence-enhancer along with the charges. Conviction of the crime with the sentence-enhancer often means more penalties and more stringent probation.

"In county court, our case load in approximately one-third to one-half of our non-traffic cases is domestic-violence-related cases," Olt added.

The district attorney’s office, along with Renew, also takes responsibility for caring for the victims after charges have been filed. Marge Heffernan, the domestic-violence program coordinator for the DA’s office, said she faces many of the same problems the officers do in assisting victims.

"A lot of them are very reluctant to talk about what happened," she said. "Most of them don’t want their spouse or significant other to be in jail. Usually the first thing I hear from them is, ‘When can we drop the no-contact portion of the restraining order?’

"It’s sad to see people that would rather get their spouse out of jail and start over thinking it will be better next time, because it rarely ever is."

Victims often testify for the defense, recanting their stories of abuse.

Kay said their motivation is often fear.

"The question you have after working with domestic-violence victims for a number of years is not, ‘Why does she stay?’ It’s, ‘How on earth did she pick up and leave?’

"She is going to be stalked, she is going to be threatened, she is going to be harassed about custody at every turn."

County Court Judge Chris Leroi presides over the majority of domestic-violence cases in the county.

He too has seen many victims stand by their abusers.

"The victims almost without exception are in trying to bond the person out and wanting the no-contact order lifted," Leroi said.

Victims can make statements during trials and sentencing hearings in support of or against their abusers, but the law does not allow victims to request charges be dropped.

The probation department plays an important role in what happens if the perpetrator is convicted of a domestic-violence-related crime.

Probation officer Lynn Williams said she looks at a perpetrator’s criminal history as well as civil cases that might show a pattern of domestic violence.

Sentencing options are limited in misdemeanor cases. Offenders can face up to 60 days in jail and probation or a work-release program.

Kay said the most important thing is making sure the offender receives treatment, which is not always possible if he is jailed.

"Our best chance for containment is probation and therapy rather than having someone go to jail for a certain amount of time and come back the same person or worse," Kay said.

Unfortunately, Kay said, 90 percent of all domestic-violence cases go unreported. Kay encouraged anyone who is aware of domestic violence to report it to the police or encourage the victim to contact a program such as Renew.

"The only way domestic violence is going to stop is if every person who ever sees it or ever hears it makes a phone call," Kay said.

Renew offers a 24-hour hotline for victims of domestic violence at 565-2100.