Ruidoso News (NM) – Monday, September 26, 2011
Author/Byline: Dianne Stallings dstallings@ruidosonews.com
Section: News
A domestic violence survivor herself, 12th Judicial Assistant District Attorney Joanna Zimmerman doesn’t need to brush up on the psychological forces driving such incidents, she’s been there.
Her job is to determine the proper charge in each case and to seek a conviction, if warranted.
A big obstacle in achieving that goal can be the victim, she said.
“A large problem is that the victim will recant and say it did not happen, or often that it did not happen like the police said it did,” Zimmerman said during a recent interview. “Or they will say they didn’t want to prosecute. ‘We want to just go on with our lives.’ They also can make it very difficult to locate them.”
If a law enforcement officer in New Mexico responds to a domestic violence call and sees enough to believe an offense was committed, they statutorily have no recourse and must make an arrest, she said.
“Some women, and the victims are predominantly women, will say, ‘Just make him leave, I don’t want him arrested,’ but the officer has no discretion.”
No one but the district attorney can dismiss a charge. Sometimes a district attorney can move forward with prosecution even if a victim recants, Zimmerman said
One situation in which charges can be dropped is if investigators find the facts are not what were alleged by the victim. “The system can be abused by both parties,” Zimmerman said. Allegations often fly both ways when custody of children or pets is involved.
The district attorney also can decide to plead a case down from a felony to a lesser charge, especially if the facts are not totally clear on which spouse was the aggressor or if the incident was extremely isolated.
Consequences
“Conviction of domestic violence (such as a fourth-degree felony involving battery on a household member) carries some serious ramifications,” Zimmerman said. “You can’t ever own a firearm, so you lose your Second Amendment rights.” Mandatory counseling for 52 weeks also is required and other conditions may be attached.
But lesser charges could be misdemeanors or petty misdemeanors.
Generally, if an arrest occurs, the person will be incarcerated in the county jail. If they are released on bond, conditions will be attached to their release, such as no contact with the victim. But that decision is up to the magistrate judge. Sometimes, contact will be allowed, at the victim’s request, Zimmerman said.
If the victim wants more protection, he or she must obtain a protective order through the district attorney’s office or the local office of COPE, Center of Protective Environment, in Carrizozo.
“We have multiple domestic violence cases weekly,” Zimmerman said without having numbers readily available. “They represent a good part of our caseload and a good deal of the calls officers must respond to.”
According to a breakdown from Victims Advocate Dawna Reyes with the Ruidoso Police Department, from January to the end of December 2009, the department responded to 136 domestic violence incidents, 49 involving male victims and 87 involving female victims. The primary age range for victims was from 26 years to 45 years and for suspected abusers from 26 to 55 years.
In six incidents, a weapon was used, and in 63 incidents, injuries resulted.
A male victim of domestic battery is not rare in Lincoln County, but definitely represents a minority of cases and Zimmerman said she also doesn’t see many same sex couple domestic violence complaints.
Besides experiencing domestic violence directly in her life, Zimmerman also managed a shelter while attending law school and manned a hotline. She’s heard all of the reasons for recanting statements about domestic violence .
“These women generally have low self-esteem to begin with and they feel they can’t survive without the abuser,” she said. “They can’t survive monetarily on a single income when they have children. It also could be intimidation or the family saying to them they made their own bed.”
Repeat complaints from the same couple or family are common, Zimmerman said. “Statistically when I worked the shelter (in Virginia before moving to Truth or Consequences and then Lincoln County two years ago), we would say a woman would leave nine times before she leaves for good.”
Factors
While outside factors don’t cause domestic violence , which is a learned behavior, they can aggravate a situation and move it from emotional to physical abuse, Zimmerman said.
“I can’t say statistically, the economy has impacted our cases, but when the economy goes down, or on holidays and in bad weather, the cases seem to increase,” she said. “Alcohol often is a common factor. It triggers emotional abuse that can escalate to physical abuse. Drug dependency can play a part and can be a reason for staying, because the man may be her supplier as well.”
Another complicating factor is a state statute that is a couple of years old and prevents police officers from serving warrants or court papers on an individual in a shelter, she said. “It’s an anonymous place and I understand the reasons, but it is beginning to pose an issue about serving papers to let people know they are to appear in court,” Zimmerman said. “I see both sides. I don’t know the solution.”
courtesy of Ruidoso News