DATE: Sunday, November 2, 1997              TAG: 9710310243

SECTION: SUFFOLK SUN             PAGE: 12   EDITION: FINAL 

SOURCE: BY SUSIE STOUGHTON, STAFF WRITER 

                                            LENGTH:   87 lines

NEW DOMESTIC VIOLENCE LAW FORCES CITY TO BOOST LEGAL STAFF

Faced with a soaring number of domestic violence arrests, the commonwealth's attorney plans to add another prosecutor and a victim advocate.

Arrests have more than doubled here since a law took effect in July, requiring police to arrest alleged offenders even if the victim doesn't want to press charges.

In September, the City Council approved an application for a recurring grant from the Virginia Department of Criminal Justice Services to fund the prosecutor and advocate.

The commonwealth's attorney office would provide office space as the 25 percent local match required by the grant.

The additional staff - bringing to nine the number of prosecutors in the office - would help ensure a high conviction rate, Commonwealth Attorney C. Phillips Ferguson said.

``The cases are going to skyrocket,'' he said.

Local police made 18 arrests for family fighting in both May and June. Just after the new law took effect, there were 40 arrests in July, 39 in August.

Before the law changed, officers often were unable to help a reluctant victim, said Suffolk police Sgt. Stephanie R. Burch.

``The intent of the legislation is to give us some means to do what the victim won't and to protect the victim,'' she said.

The primary aggressor is taken into custody if the officer finds signs of a fight - such as a bloody nose, scratches, torn clothing or broken furniture.

Even if there is no physical evidence, the abuser can be arrested if the victim admits being hit. Sometimes both parties involved are charged.

Burch, who recently transferred from the family services unit in the detective bureau, taught a four-hour seminar in October, training officers to properly document injuries and collect evidence to ensure a conviction in such cases.

The officer, for instance, may need to go back the next day to photograph bruises that aren't visible immediately after a scuffle, she said.

An arrest without a conviction perpetuates the problem, Burch said. Ideally, part of the sentencing includes court-ordered counseling to learn how to stop the cycle of violence, she said.

``I don't know of too many cases of domestic violence when the man can just shut it off,'' Burch said. ``The tendency is there.''

If convicted, the offender can be punished by up to 12 months in jail, $1,000 fine, or both. And federal law prohibits anyone convicted of domestic violence from possessing a firearm, said Commonwealth's Attorney Ferguson.

A third conviction within 10 years makes the charge a felony, punishable by up to five years in prison.

Police had noted a dramatic increase in calls for help in domestic assaults, even before the law changed.

Comparison to previous years, however, is difficult because the department changed to a new method of record-keeping in January. Previously, domestic violence was listed as assault and batter. And investigating officers were not required to make a report if no charges were filed.

Even today's arrest record doesn't measure the entire problem. If the fighting involves a weapon and the victim is injured, the charge is malicious wounding, a felony which again does not specify ``family.''

The new legislation also increases the definition of ``domestic violence'' to include fights between a boyfriend and girlfriend living together, as well as between family members other than spouses.

``Domestic violence has been an ongoing problem in this area for some time,'' said Kim Higgins, women's services coordinator for the Genieve Shelter.

The organization's services - which include emergency shelter, a 24-hour hotline, support groups, court companionship and other resources - are not limited to women.

``About 95 percent of the abuse occurs with female victims,'' she said. ``But we do see male victims.''

The agency sees the gamut - ``from the very extreme physical violence to the constant emotional assaults,'' she said. ``For many, that can be just as bad.''

Emotional abuse often leads to the physical battering that can result in an arrest, she said.

Police officers who investigate domestic violence are required to give victims information on available resources, such as the Genieve Shelter.

In the past, a victim of domestic assault has refused to press charges because he or she is trapped in an unhealthy relationship, said Burch, the police officer.

The relationship starts out in a honeymoon phase, then the tension-building phase erupts. But after an episode of violence is over, the victim knows they will ``kiss and make up'' and everything will be okay until the next honeymoon phase ends, she said.

Breaking the cycle is the key to healthier relationships, Burch said.

``The ultimate goal is getting them into court and then into counseling,'' she said. ``Our goal is not to lock people up because they have dysfunctional coping mechanisms.''

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