Pretext: I don’t condone domestic violence.  Just as I don’t condone killing people with vehicles whether the driver is intoxicated or not.  I do however see the legislature attacking our rights by overreaching on feel-good legislation without considering individual liberties. Extending laws through widening interpretations is not a replacement for due process.

Last month the U.S. Supreme Court ruled on United States v. Hayes that  Congress’ extension of the ‘68 Gun Control Act to include prohibition on firearms possession to convicts of  “a misdemeanor crime of domestic violence” can include any misdemeanor conviction directed at a household member.

This week, the Minneapolis Police Department sent the following email:

March 17, 2009 ( MINNEAPOLIS ) The Minneapolis Police Department and City Attorney’s Office are launching a new citywide program designed to reduce domestic violence. This domestic violence program, which has been successfully piloted in the Fifth Precinct since February 2008, takes a two-fold approach to intervention. Officers who arrive at a misdemeanor domestic violence call will now do more investigative work at the scene. This means that prosecutors in the City Attorney’s Office will have more information available to them to prosecute a case and connect people with resources to prevent future domestic violence.

These new strategies employed by Fifth Precinct officers when they respond to a domestic violence call have been successful in increasing the prosecution rate of misdemeanor domestic violence-related cases by nearly 23 percent in the Fifth Precinct. This is the first time prosecutors in the City Attorney’s Office have seen such a significant increase in convictions for domestic violence. Prosecutors are praising the additional evidence obtained by patrol officers in these cases, calling it critical to obtaining the convictions in many cases, especially when victims recant or cannot be located.

Last month the MPD brought this new anti-domestic violence program to the Third Precinct and over the course of the year it will go to each of the Minneapolis police precincts.

During the next year every MPD patrol officer will learn how to better respond to a call for help in a misdemeanor domestic violence situation, including:

* Checking for the existence of and order for protection or domestic abuse no-contact order on every call;
* Asking the victim if there are guns in the home or if the defendant has access to guns, and seizing the gun under certain circumstances;
* Obtaining a recorded statement from the defendant;
* Obtaining a signed medical release from the victim at the time of the incident to help speed charging and prosecution efforts;
* Asking the victim to complete and sign a victim’s supplement;
* Taking photographs of the scene, defendant; victim, damaged property and injuries;
* Collecting physical evidence and;
* Questioning witnesses and obtaining contact information from all witnesses.

While implementing this protocol at a domestic violence call does take more time for responding officers, it offers significant proven benefits in being able to successfully charge and prosecute cases. Domestic violence has been a top priority for both Minneapolis Police and City Attorney’s Office because: domestic violence is usually ongoing and requires intervention to stop the behavior; it is not uncommon for misdemeanor domestic offenders to become felony domestic violence offenders; and children who experience domestic violence often replicate the behavior as adults. Intervening at the misdemeanor level can mean putting a stop to the cycle and escalation of violence, even preventing homicide.

These latest strategies to combat domestic violence in Minneapolis reinforce existing programs and the City’s resolve to end domestic violence. In October 2007, City Council and Mayor R.T Rybak approved a resolution brought forward by 12th Ward City Council Member Sandy Colvin Roy observing October as Domestic Violence Awareness Month. The resolution reaffirms the City’s commitment to helping victims of domestic violence feel safe and secure in our city and to ensuring that domestic crimes are vigorously prosecuted and domestic abusers are held accountable. The City Attorney’s Office has specialized prosecution team devoted just to the prosecution of domestic violence cases. The City Attorney’s Office has been an active collaborator with the 4th Judicial District in the misdemeanor domestic violence court, and with the Court and other community partners in innovative approaches to domestic violence issues. This includes the Firearm’s Surrender Program, which was started in November 2007, in conjunction with the Hennepin County court system that allows people who have been convicted of domestic violence to surrender their firearms and ammunition at any police precinct.

For more information on what you can do to help prevent domestic violence or to help victims of domestic violence contact the Minnesota 24-Hour Domestic Violence Crisis Line: 1-866-233-1111 or visit www.ci.minneapolis.mn.us/police/crime-reporting/domesticabuse.asp.

The PIO contact for this release is Sgt. William Palmer

Domestic Abuse in Minnesota is dealt with in State Statute 518B.01

518B.01 DOMESTIC ABUSE ACT.

Subdivision 1. Short title.

This section may be cited as the “Domestic Abuse Act.”

Subd. 2. Definitions.

As used in this section, the following terms shall have the meanings given them:

(a) “Domestic abuse” means the following, if committed against a family or household member by a family or household member:

(1) physical harm, bodily injury, or assault;

(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

The emphasis on the scary part is mine.  The law is nothing new since the Lautenburg Amendment.  However the interpretation is constantly changing and new legislation is being proposed to back the new interpretations.  As you can see below, there is a lot of activity in the House pushing to extend/alter these definitions.

H.F. 1546 (Rosenthal) Domestic assault requirement that a previous conviction be against a family or household member to enhance a conviction eliminated.

H.F. 1396 (Smith) Domestic abuse; Courts authorized to include pets and companion animals in protective orders

H.F. 1273 (Rosenthal) Domestic abuse arrest time expanded

H.F. 1245 (Simon) Domestic abuse provisions modified, definitions expanded, and no contact orders expanded to apply throughout the state

H.F. 1199 (Lesch) Felony domestic assault and domestic assault by strangulation defined as crimes of violence

H.F.0139 (Doty) Domestic violence awareness month designated for month of October