Abuse of Power

THE clearinghouse on police-perpetrated domestic violence

...police victims' special circumstances affect legal strategies

When Battered Women Are Arrested

Based on material prepared by the National Clearinghouse for the Defense of Battered Women)

A police officer who batters can use arrest as a powerful control tactic. Your abuser may be able to manipulate the responding officers into arresting you by claiming that you assaulted him. Responding officers may not listen to your account of the incident or believe that you were acting in self-defense.

As a police officer, your abuser fully understands the impact that arrest has on a person — psychologically, physically, emotionally and financially. He knows that after the arrest, people in the system will refer to you as the perpetrator, making it difficult for you to access victim services from local domestic violence advocates. (Funding requirements prevent many shelters and service providers from helping women who have been arrested and charged with a crime.)

Battered women who have been arrested face extremely difficult choices and are often given poor or incomplete information and advice when they are arrested. No one may have adequately warned you about the potential long-term consequences of being convicted as a result of a trial or a plea bargain.

Accepting a Plea Bargain

Unfortunately, many women make statements to the police (remember that you have a right to remain silent!) or participate in early hearings without the benefit of defense counsel. Or, their defense attorney fails to fully explore all possible defenses. Some women just want to get the legal process over quickly so they can return home to their children who may be with the batterer or his family.

Refusing to accept a plea gives you an opportunity to be acquitted, but does prolong the legal process. During the time between your arrest and the trial, your abuser may increase his physical or emotional abuse and/or coerce you into complying with various demands.

Consequences of a Conviction

  • A conviction for certain types of crimes may prevent you from getting licenses or employment in an increasing number of occupations.
  • A conviction could affect eligibility for public benefits such as public housing. Private realtors or landlords frequently conduct criminal background checks and may refuse to rent to you.
  • Probation or parole can also affect government benefits and public housing eligibility.
  • The fact that you were convicted of a crime either as a result of a trial or plea will be used against you in any custody hearing.
  • A conviction of certain crimes may prompt deportation.
  • Convicted felons may lose the right to vote, to serve on a jury, or to hold public office.

An Important Note

Despite the many potential downsides of accepting a plea bargains, the National Clearinghouse for the Defense of Battered Women does not believe that plea bargains are bad for all women. Taking a plea may absolutely be in your best interests. Each situation requires an individualized assessment. You and your defense attorney must examine and weigh all the advantages and downsides of any option — be it taking a plea, accepting a deferral, or going to trial.

Suggest that your advocate and defense attorneys contact the National Clearinghouse for information and assistance if you have been arrested, are considering a plea, going through a trial, waiting to be sentenced, appealing your case, or are incarcerated.