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When To Avoid Reporting a
Crime
You may ask what it means to
avoid reporting a crime. " All
crimes should be reported." It
depends.
I am often asked how I am able
to mix Family Law and Criminal
Defense Law.
Unfortunately, quite a few of my
criminal cases come from good
marriages gone bad.
The Most Common Crime
The most common crime is Simple
Battery. This occurs when a
spouse (Yes, some WOMEN - often
the woman-can throw a mean
punch) hits the other spouse in
a fit of anger.
Incidentally, it is usually the
woman who starts it. She is
very capable of provoking the
man into losing control. Now if
this sounds sexist, my wife, who
is a lovely family therapist
agrees. She designed a family
therapy court program here in
Atlanta, Georgia. She tells me
that in all of her domestic
violence cases, the wife began
the fray. The husband lost
control, hit her, and the police
were called-by the wife,
usually. When the police
arrived, guess who went to
jail? Of course, the husband.
Now, from my wife's point of
view, hitting is NEVER
acceptable. Anyone being
provoked needs to learn to keep
the emotional climate low and
themselves under control by
leaving the scene. I agree with
my wife that NO ONE should be
hit or tolerate it.
My wife advises her clients to
pack a bag on the first incident
and put it by the door. She
advises that whomever got hit
state that on the next incident,
the victim will leave-with the
bag-and call the police on the
way out. That is the therapy
advice that my wife gives.
Some men, when the emotional
climate gets too high, will hit
the woman to get her back under
control. These are weak men-not
the men who go out of control in
an isolated incident. So the
question this attorney is
raising is, WHEN DO YOU CALL THE
POLICE?
or,
WHAT IS PRACTICAL?
Again, hitting of anyone is
never acceptable. The first
line of defense on a first
occasion would be to avoid
letting the emotion get that
high.
If it is a first offense and
there is NO damage to anyone or
anything, if you believe that
this is out of character for the
attacker, it is not in your best
interests to involve the
police. Here is why.
The legalities have changed.
Currently, if the police are
called, charges are
automatically brought against
the offender and the victim, in
most jurisdictions, will not be
able to drop them. This is the
change. In the past, a victim
could bring charges to make a
point and then drop them. Of
course, this also meant a
revolving door for many couples
in which the same offender was
repeatedly arrested for the same
crime. Sometimes these people
wound up in counseling. The
counseling rarely worked because
it didn't teach people how to
disagree safely or how to avoid
the emotional levels that got
them into physical abuse.
(In this respect the program
designed by my wife taught
skills and was court monitored
so that there were teeth in the
program. There was a zero
recidivist rate.)
Then there are the women who
dislike men or THEIR man enough
to continue to provoke them into
getting arrested unless the man
learns some skills to avoid
being provoked.
Unfortunately, there are also
men for whom counseling and
negotiating is against their
gender training. So they don't
benefit from counseling and they
repeat the offense. Then there
are about l0% of men who
actually calm down when about to
hit a woman and thereby get her
under control. They often have
military backgrounds and don't
benefit from counseling either.
Their problems are of a
characterological nature.
So men - or women-who are repeat
offenders are in a different
category from a man who loses it
once, feels awful, and learns
from the experience.
So, be aware, if you call the
police, you must mean it. You
are now looking at legal fees
and a criminal record for the
offender. If he or she is an
abuser by history, this may be
necessary. Counseling would be
the first stop-off place before
the legal system and I grant
you, it may not work depending
on the personalities involved.
Now, again, if the situation has
happened before and damage to
person or property is an issue,
police involvement is
appropriate. You simply must be
prepared to go all the way with
the charges because once the
police arrive, it is out of your
hands.
Also, remember in considering to
call the police for spite: The
police ae called so often on
minor spats that they are
sometimes reluctant to come.
Only use them if it is really
necessary for protection.
In all these cases it is
possible to save the marriage
but it may take court
involvement to do it. Sometimes
the court is necessary to
protect the victim and get help
where it is needed.
Did You Know? Much family
violence occurs in an alcohol
environment. Alcohol can make
people very crazy. They get
emotional, the alcohol brings
out a drugged emotion, and
things explode very easily.
Very often if the alcohol is
removed, the violence stops.
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