[Domestic Violence Policy Page]

Domestic Violence Policy

Effective: August 18, 2000

In order to do as much as possible to end the "Cycle of Violence" in a home where domestic violence is occurring and to protect victims from future abuse, our office will follow these guidelines:

1. We encourage local law enforcement officers to follow Missouri’s "almost" mandatory arrest policy. Section 455.085, RSMo.

2. We will seek warrants (as opposed to summonses) when possible, by filing felony charges when the facts permit and by seeking warrants in misdemeanor cases when we have grounds to believe that the suspect presents a danger to the victim or a risk of flight.

3. We will seek high bonds in cases where the suspect appears to present a risk of serious harm to the victim.

4. The former policy of referring assaults to Municipal Court when they do not involve a weapon or a visible injury or a defendant with a criminal record is no longer to be followed. We will be very liberal in filing domestic violence cases as State cases as long as we believe the charge is supported by the evidence.

5. At some point in the process in each case, and as soon as possible, the prosecutor handling the case or the Crime Victim Advocate or the investigator should explain the "Cycle of Violence" to the victim and encourage the victim to continue to cooperate with us and blame us for the fact the case has not been dismissed. The prosecutor should try to touch base with the victim when deciding an appropriate plea offer in a case.

6. Once filed, as a general rule, we will have a "no drop" policy, in that we will not dismiss the charge, even at the request of the victim, unless it falls into one of these categories:

(1) The Defendant has been accepted into the Domestic

Violence Diversion Program;

(2) We have developed a reasonable doubt whether the

Defendant is guilty;

(3) Even with our best efforts to make the case, it is obvious

to us that we no longer have a reasonable chance of

winning the case.

7. Even in cases where the victim has turned uncooperative, we will give our best effort to use our trial skills to prepare and present a winnable case by:

(1) Getting victim on the stand under oath on the record as

soon as possible (bond hearing; preliminary hearing)

so we can use that testimony if the victim becomes

unavailable;

(2) Being prepared to offer prior inconsistent testimony

under 491.074, plus corroborating evidence;

(3) Being prepared to argue the residual hearsay exception;

(4) Being prepared to argue the excited utterance hearsay

exception;

(5) Being prepared to force a victim to court if necessary

by contempt of court proceedings or body attachment.

(6) By being prepared to deal with a victim who asserts a

spousal privilege;

(7) By being prepared to deal with a victim who tries to

"take the Fifth."

7. As a general rule, we will be liberal in reducing felony domestic violence assaults to misdemeanors, as long as the victim is happy with the disposition and the defendant is receiving a punishment that seems calculated to fit the crime and enhance the changes of ending the "Cycle of Violence." We are unlikely to be willing to reduce a felony to a misdemeanor if:

(1) The victim opposes it;

(2) The victim is still afraid of the suspect and worries

that he will come after her when he gets out;

(3) The victim suffered a serious physical injury;

(4) The assault involved the use of a deadly weapon.

8. In domestic violence cases, as in all sorts of crimes, remember to treat the victim the same way you would want to be treated by a prosecutor’s office if you were in the same situation.