POLICY REFORM FOR MANDATORY ARRESTS

As I fled from my condo, in fear for my life, it never crossed my mind how calling for help would change everything about life as I knew it. My perpetrator stood 6 feet tall. I am 5'4. My perpetrator weighed 225 pounds, I weigh 115. My perpetrator was a former officer, I didn't know the rules. Would I still have called 911 after being thrown to the floor, face down with a knee in my back hand on my head, by a man I no longer knew? My bruises paled in comparison to the knife wound on his arm. As I said, I didn't know the rules. I watched the ambulance arrive to take him to the hospital, after he frantically met the first officer on the scene. Why did she know he was a former officer? As did every officer who came to our condo that one night. A second degree felony, aggravated assault with a deadly weapon, and if convicted, a mandatory sentence of 15 years in prison. No prior arrests, criminal record or domestic violence. He was NOT GOING TO BREAK ME, and I refused to hear any plea as I would risk prison time before accepting anything that would indicate guilt of any kind, just to avoid the unknown outcome my story would have. 16 months later, after a polygraph I voluntarily took which eventually the state would want a copy of, both the state and my private polygraphist would agree I was truthful I did not stab my husband. Nolle prossed, and now expunged. But what about him? The police, the State? This was wrong, I was the victim!!! People tried scaring me into silence, told me to move on, let it go. Easy when you are not the one arrested after calling for help, believing help is on it's way. You don't go to sleep and pray you won't wake up screaming from the PTSD. MY LIFE MATTERS! EVERY LIFE MATTERS! I choose to make a change, to save an innocent man or woman from the injustices I have become all too familiar with . IT IS OUR TURN TO SPEAK UP AND MAKE A DIFFERENCE!

20 years before that fateful night, two people were murdered in the neighborhood I grew up in. Brentwood, California was unknown until this high profile case. Little did how know how 20 years later, the outcome of that case, from my hometown would eventually change my life too. My high school class president would win an emmy for producing the O.J mini series, and I would win my freedom the same year.

After the OJ incident in 1994 the Violence Against Women Act (VAWA) was passed to protect women from partner abuse. After this act was implemented predominantly to ensure a woman in fear of her spouse and in fear for her life, would have safety from the hands of her intimate partner. 95% of Domestic Violence incidents involve a man abusing a woman. Although this policy had good intentions unfortunately today this policy has evolved to become what is commonly referred to as “mandatory reporting laws” and “mandatory arrest laws” that exist today involving domestic violence.
Subsequently this policy and evolution of mandatory report and arrest laws involving cases of domestic violence has evolved to become a new form of abuse being perpetrated on victims of intimate partner violence – today victims of domestic violence are being wrongfully accused and arrested for crimes they did not commit – and at alarming rates. In California alone, these mandatory arrest laws caused a 446% increase of women arrested.
Policy Evolution of Mandatory Reporting Laws - Mandatory Arrest Laws
After a period of time, realizing men were also victims, the mandatory arrest laws changed to allow for the police to decide who the perpetrator is when they arrive on the scene. While conceptually the idea was a good one, unfortunately once the police had the unfettered authority to decide who the perpetrator was, there became a huge increase of innocent DV women (30-40%) who are arrested.
Effective lawyering for victims of officer-involved battering
Police tactics: The abusive officer’s entitlement to authority in society bolsters and reinforces his sense of entitlement within his personal relationships. His very presence is a symbol of authority. Officers learn to use gestures, body language, tone and volume of voice to exert their authority. He may escalate his behavior along the continuum of violence, using only the degree of force necessary to gain and maintain control. He may later defend his actions by stating that the victim was attacking him, was hysterical, or that he had to restrain her from hurting herself.
The blue wall of protection becomes the determining factor in this travesty and essentially the blue wall becomes a “get out of jail free card” if the perpetrator of intimate partner violence is an officer. Such was the case in my arrest. Such was the case with Scott Peterson's 2 murdered wives. They too called for help. It never came.

Public Policy Changes Safeguards for Victims of Domestic Violence
The ideal would be that the mandatory arrest and reporting laws disappear. Officers having unfettered discretion to make the judgment call and others including medical professionals to mandatory report instances of domestic violence have harmful and often life threatening consequences for victims of domestic violence. The statistics show the need for this to protect the rights of victims and others.
Alternatively public policy an added layer of protection for every victim in a Domestic Violence call.
Government funded Domestic Violence agencies and law enforcement must be adequately trained to become a neutral 3rd party that will be part of the assessment when assessing who the “real victim is” this unfettered discretion by law enforcement must cease to exist.

Officers should not have unfettered discretion either to make the decision of guilt or innocence as this violates the sheer foundation of our most precious of constitutional rights – innocent until proven guilty.

IT IS TIME FOR CHANGE! EVERY LIFE MATTERS! SIGN TODAY FOR EVERY MAN WOMAN OR CHILD WHOSE VOICES HAVE BEEN SILENCED.