Law & Legal & Attorney Criminal Law & procedure

The Family Protection & Domestic Violence Intervention Act

    Choice of Forum

    • The act gives both family and criminal courts jurisdiction over matters of domestic violence. Victims have the right to pursue their cases in either or both courts. Family courts usually deal with civil matters, and their hearings are closed to the public. A victim goes to family court to get a protective order. Criminal courts prosecute the alleged offender for criminal offenses.

    Mandatory Arrest

    • When an act of domestic violence occurs when a protection order is in place--and in some initial acts of felony and misdemeanor violence against family members--the act requires the police to immediately arrest the perpetrator. They are not allowed to attempt reconciliation or to mediate a dispute under such circumstances. Immediate arrest is already required for such "aggravating circumstances" as serious physical injury, use of a dangerous weapon and exposure of other members of the family (such as children) to violence or injury.

    Orders of Protection

    • With passage of the act, the state created a registry of all protection orders so police and judges could know immediately whether such orders were in effect. The act also allows certain protection orders to be in effect for three years. Victims who have children can also get a temporary child support order in family court. Moreover, the victim and her children can be covered under temporary emergency health care coverage through the state Department of Health.

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    Training

    • The act allows the courts to require a batterer to attend a batterers' education program, which may include referral to drug and alcohol counseling. The court can also order a restitution payment of up to $10,000. The state domestic violence prevention office and police training council provide training for police, judges and district attorneys to understand the requirements of the law.

    Victims' Rights Notice

    • The act requires that hospital and other medical treatment facilities provide a Victim's Rights Notice to all suspected and confirmed victims of domestic violence. It is available in both English and Spanish. The Department of Health requires staff members to follow a certain protocol to identify, treat and refer domestic violence victims, and it encourages them to screen all female patients for domestic violence routinely.

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