Hospital, law personnel help victims understand process

Published 12:00 am Saturday, January 31, 2004

NATCHEZ &045;&045; For domestic violence victims, one barrier to getting help is not knowing what will happen after they seek assistance from police or health care personnel.

But both hospitals and law enforcement have policies and procedures in place to help make sure a victim gets the help she needs &045;&045; and is as safe from harm as possible.

At Natchez Community Hospital, the emergency room staff automatically notifies police whenever it suspects that a domestic violence assault has occurred, according to social worker Kim Kaiser.

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&uot;The only time we don’t call is if the police have already seen them (the victims). But it’s up to the victim to actually file the charges,&uot; Kaiser said.

Kaiser said domestic violence victims are also given referrals for counseling through the Guardian Shelter (see related story).

&uot;We try to persuade them not to go back into the same situation.

But in the end they have to make their own decisions,&uot; Kaiser said.

Charla Knapp, emergency room nurse manager at Natchez Regional Medical Center, said victims of domestic assaults are questioned about how their injuries occurred.

&uot;We ask patients if anyone hurt them. If they verbalize that abuse has occurred and they wish to report it, then we will call police,&uot; Knapp said.

In recent years, state laws have changed with regard to police responsibility in domestic violence calls.

Whereas law enforcement officers once relied on their discretion as to whether to make an arrest when they did not actually witness an assault.

Now if an officer sees evidence an assault has occurred, he must make an arrest.

&uot;That helps take the burden off the officer, and it gives us a chance to separate them before something worse happens,&uot; Adams County Sheriff Ronny Brown said.

If there is evidence of a physical assault or disturbing the peace, officers are mandated by the state statute to determine who is responsible, Natchez Police Chief Mike Mullins said.

&uot;If lamps are broken and tossed around and there is no assault, that’s disturbing the peace,&uot; Mullins said.

If the suspect is at the scene, the law states the officer must arrest the person, who is then take to jail until a judge can arraign, and set bond for, the suspect.

&uot;If the suspect isn’t there, if (the officers) find him in 24 hours, they can make an arrest without a warrant,&uot; Mullins said. If officers still can’t find the suspect, the victim has to come to the police department to sign an affidavit.

Victims who choose not to report their injuries to police are given telephone numbers to law enforcement agencies and offered counseling referrals by the hospital’s social services staff.

But Knapp stressed adults have the legal right to choose whether they wish to file charges.

&uot;With child abuse or elderly abuse cases, even if we only suspect the abuse, we must report it. But with domestic violence cases, it’s more of a gray area,&uot; Knapp said.

Knapp also said some victims might not seek treatment for their injuries if they know a hospital will automatically notify police when the staff suspects a domestic assault has occurred.

If a domestic violence victim or complainant chooses not to file charges against a batterer, police can file charges on behalf of the victim or the state, according to Adams County Justice Court Judge Charlie Vess.

&uot;Officers can make a warrantless arrest, but I’ve always told them if they don’t know what to do, call me.

Sometimes you have to make a midnight decision to keep the peace and prevent any potential violence,&uot; Vess said.

But Vess said people need to understand that once domestic violence charges are filed, those charges will not be easily dropped.

&uot;Domestic violence has resulted in murder and financial ruin. Children’s lives are dramatically affected. … The only reason the charges would get dropped or set aside at the end of six months is if counseling and some of those other (requirements) are met,&uot; Vess said.

Cases in which defendants are arraigned and plead guilty to domestic violence charges are handled quickly.

&uot;I set them up the next week for sentencing because these cases shouldn’t wait for months, or even weeks,&uot; Vess said.

Cases for defendants who plead not guilty are usually set for trial within a month. Self-defense can sometimes be a viable defense in assault cases, but Vess said law enforcement officers should try to determine who the primary aggressor was in each case.

&uot;If (police) can’t decide who the primary aggressor was, then they both should be arrested,&uot; he said.

Vess prefers not to impose heavy fines in domestic violence cases. Imposing a stiff fine &uot;just makes it worse (if) the problem already stems from bad economic conditions,&uot; Vess said.

Jail sentences (see sidebar on sentencing) are also an option, although Vess said he will suspend all or a portion of sentences in cases where counseling is appropriate and batterers successfully complete the program.

&uot;I’m more interested in changing behavior,&uot; Vess said.