Abuse of Power

THE clearinghouse on police-perpetrated domestic violence

...police victims' special circumstances affect legal strategies

Going to Court

Who's Who in Court

If you decide to sign a criminal complaint against your abuser for domestic battery, you will have to tell your story to many people. The police, the state's attorney, your legal advocate and your counselor will all focus on different aspects of your case.

It is important to understand what each person's role is because each has their own perspective and agenda. Because you are accusing an officer or firefighter of the crime of domestic battery, not everyone involved will receive your complaint willingly. Nor will everyone involved have your best interest or even your safety at heart. It is important that you carefully choose whom to trust.

Officer-involved domestics are much more difficult cases to pursue because officers play a huge part in the criminal justice system. They are frequently in court as part of their job. They know the prosecutor and the judge. They may know the attorneys and other professionals involved in your case. They know what tone and style of testifying will influence the judge or jury. The courtroom [personal account] is their territory.

Naming the Players

Police administrators...

...have a great deal of influence over many aspects of the criminal case. Their main concern is the department's liability. Many factors determine how much time and money the department will invest in defending the abuser. The size of the department, the abuser's rank and reputation in the department, and the chief's attitude toward domestic violence come into play.

Prosecutor...

...represents the State. The prosecutor is responsible for deciding whether the State will pursue charges. Prosecutors prefer to dedicate the state's resources to cases that they can win. They expect you to cooperate with them. The State's Attorney might be reluctant to pursue prosecution because of past experience with victims who were too afraid to follow through with the charges.

Prosecutors rely heavily on officers' reports and testimony in all of their cases. They may be reluctant to proceed on a case against an officer or firefighter if the department does not want that individual prosecuted. Police have the power to jeopardize the prosecutor's other cases and thus damage the prosecutor's career.

Defense attorney...

...is the abuser's attorney. His/her job is to prevent the state from proving beyond a reasonable doubt that the abuser battered you. The defense attorney will attack your credibility in an effort to create doubt that you are telling the truth as a reliable witness.

Witnesses...

...may be afraid to testify on your behalf or you may be afraid to allow them to testify. The abuser and his colleagues pose a threat to your witnesses' safety and security. Witnesses for the abuser are probably fellow firefighters or officers. They know how to manipulate the facts of the case. They may claim momentary loss of memory, sight, or hearing about the incident.

Responding officers...

...may be required to give verbal testimony at the trial. They have a strong sense of loyalty to their fellow officer. They want to protect the abuser's and their own careers. How the officers choose to present their information is crucial. Your case in part depends on reports that his colleagues wrote, evidence they collected and preserved, photographs they took (or didn't take), and how they testify in court. There are ample opportunities throughout the process for your abuser and his fellow officers to influence the case.

Judge...

...controls the court. The judge has the power to confiscate the abuser's firearms if s/he believes the abuser's possession of the weapon puts you risk. The judge determines the outcome of the case unless it is a jury trial. The judge may have political reasons for a ruling. Most women report that judges give great consideration to the impact a ruling may have on an officer's or firefighter's career.

Victim witness...

...works for the prosecutor's office. Their job is to facilitate the prosecution by making you feel comfortable and giving you the emotional support you need to be willing and able to testify.

Community advocate...

...is there to give you information and to support you whether or not you choose to testify. The advocate can assist you in communicating with the prosecutor and making the court aware of your concerns.

Supporters...

...may be afraid to appear in court with you. The abuser's fellow officers and even supervisors will be there in force and in uniform.

Jury...

...is supposed to be a panel of peers who are there to impartially listen to and judge the evidence. They are instructed to reach a decision of not guilty unless they are convinced of the abuser's guilt beyond a reasonable doubt. Of course, jurists are from the general public and may share society's misperceptions, myths and stereotypes about domestic violence.

Verdict...

...may have nothing to do with what really happened or about serving justice. If you are unfamiliar with the way the legal process actually works, you may believe that justice is served in court. Actually, the outcome is often based on which lawyer best presents their case. The abuser will be found guilty only if the state can prove he is guilty beyond a reasonable doubt. A verdict of not guilty is not the same as being proven innocent. It means there was not enough evidence to prove guilt.

Legal Terms

In addition to knowing who's who in the courtroom, it will help you to be familiar with some of the legal jargon they use. The American Bar Association provides definitions of legal terms frequently used in domestic violence cases.

Resources

For additional information, consider reading Abusive Police Officers: Working the System. It further examines how abusive officers are able to summon support from the criminal justice system to defend themselves.