Running Head: ZERO TOLERANCE FOR CRIMINAL DOMESTIC VIOLENCE 1

Zero Tolerance and the Effect it has on Criminal Domestic Violence
Veronica Johnson
Criminal Procedures CJ-340
Limestone College

Zero Tolerance for Criminal Domestic Violence 2 Criminal Domestic Violence is defined as causing physical harm or injury to a person’s own household member, or offering or attempting to cause physical harm or injury to a person’s household member with apparent present ability under circumstance reasonably creating fear or imminent peril. Household member is defined as a spouse, a former spouse, parent, persons who have a child in common, or a male and female who lives with you or lived with you (snell, 2011). There is crime of criminal domestic violence of a high and aggravated nature, which carries enhanced penalties for cases with severe injury.
Attorney General Henry McMaster has named criminal domestic violence (CDV) as the number one crime problem in South Carolina. The attorney general website now states that there are 36,000 domestic violence incidents reported each year, and that in the past eight years, an average of 38 women have been killed each year as a result of violence in South Carolina. The legislature has increased the penalties for CDV in past years. First offense, no prior CDV conviction in 10 years It’s a misdemeanor, up to 30 days in jail and a $5,000 fine and or 26 weeks of domestic abuse counseling. Prosecuted in magistrate court, Second offense, one prior CDV conviction in10 years it is a misdemeanor, 30 days to one year imprisonment, and a fine of up to 10,000. Prosecuted in General Sessions or Transfer Court, Third offense two or more prior CDV conviction in 10 year it is a felony, one year to five years imprisonment. CDVHAN, or criminal domestic violence of a high and aggravated nature, carries a mandatory minimum sentence of one year up to 10 years in prison. Prosecuted in General Sessions Court, Other penalties include difficulty in entering foreign countries or in remaining legally in the United States, becoming a U.S. Citizen, loss of ability to purchase a concealed weapon permit or own a
Zero Tolerance for criminal domestic violence 3 firearm and for CDV 3rd or subsequent entrance into the South Carolina DNA database (Snell, 2011). After an individual has been released they will frequently be under an order set by the bond court to have no contact with the alleged victim in their case. If the no contact order was put in place, and the defendant is found to be in contact the defendant can be held in contempt of court and may be sentence to 30 days or more in jail. The no contact may apply even if you are married, living together, or have small children. The government is assisting local and state law enforcement in their fight against domestic violence. Law enforcement has received increased funding to assist in prosecuting CDV offenses, and many other counties around the state special cdv courts have been created. If an officer is called out to a residence for cdv someone is getting arrested. Under South Carolina’s domestic violence statute, officers are required to make a determination as to who the primary aggressor is, and only arrest that person. But if they find evidence that no crime has been committed, they are not required to take someone to jail. Victims of CDV often believe that they can go to court or not show up in court and they case dropped. You have to understand, that is not up to the victim. Only the prosecutor can dismiss a CDV case, and they are often under strict instructions not to dismiss. Statewide domestic violence coalitions provide comparable support to member domestic violence shelters and service providers, in some states and territories these support services are provided through one dual sexual assault and domestic violence coalition. In a few other states, multiple state sexual assault and/or domestic violence exist. In 2009, expungement laws were amended, doing away with the administrative fee for expungement after a dismissal or acquittal, but increasing the fee for expungements. The time
Zero Tolerance for Criminal Domestic Violence 4 period for expungement under the youthful offender act was change from 15 years to 5 years from completion of the sentence. This is a big deal most people are not actually sentence under the Y.O.A and for various reasons, it may not be the best thing for a person to receive a Y.O.A sentence as opposed to a straight sentence. Prior to this amendment, Gay v. Ariall, a person who would have been eligible for a Y.O.A sentence non-violent could have their record expunged under the Y.O.A this makes sense. Now the legislature has made liars out of the lawyers and they clients get screwed. Because any offender who entered pleas to non-violent offenses believing that their record could be expunged later is not always true. The zero tolerance for domestic violence is a multi- jurisdictional partnership, created to help eliminate domestic and family violence, and elder abuse. County, local law enforcement, the courts, and community service providers have banded together to break the progressive cycle of domestic and family violence. Zero tolerance was established in 2000. There are two unique features to the zero tolerance for domestic violence. First, zero tolerance interventions are concentrated at misdemeanor level, which for understandable reasons had not been the focus of activities before the initiative was created. Addressing domestic violence and family violence at the misdemeanor stage, serious trauma and injury are more likely to be avoided. Scarce resources go father, reach broader constituency and improve the quality of life. Second, zero tolerance is a system wide effort that takes into account the role of each partner in contributing to reductions in crime, violence and trauma related to domestic and family violence and elder abuse. Agencies have been successful in identifying and addressing gaps in services.

Zero Tolerance for Criminal Domestic Violence 5
There is no typical victim. The majority of victims are women, but they differ widely in backgrounds. Domestic violence affects all kinds of victims regardless of things such as economic status, race, religion, education, or age. Unfortunately it is happening in all kinds of families in South Carolina, and at the alarming rate. In 1996, South Carolina department of social service that 3,660 victims were sheltered, and shelters handled 14,892 crisis calls.
There are many difference places to get help if you are any one you know may be a victim of domestic violence abuse. Getting out of an abusive or violence relationship isn’t easy, and sometime you hope things will get better or your mate will change their way. You could be scared to leave because of what will happen if you do. Whatever, the reason may be never feeling along because you are not. The risk of leaving may be frightening but the risk of staying are too great. There are hotlines you can call, shelters where you can stay, job training, legal services, and childcare. Everyone deserve to live free of fear! You must take the first step and want out if you want others to help you. Although mainly women are abused there are some men victims also. Most research is aimed for women it want turn down a man if they call or came by for help also. If services, are not offered at that site for men, than any resources that may be available will be given to the men for help. Most people ask why she doesn’t just leave. If you never been in an abused relationship you do not understand that it’s not easy to leave. It’s even harder when you have been isolated from you family and friends, psychologically beaten down, financially controlled, and physically threatened. Most women feel confused, uncertain, frightened, weak, embarrassed, and torn. Sometime women blame themselves for the abuse. The abuse will probably happen again abusers have deep emotional and psychological problems. While change is not impossible, it isn’t quick or easy. The abuser must take full responsibility for
Zero Tolerance for Criminal Domestic Violence 6 his behavior, and seek professional treatment and stop blaming unhappy child hood, stress, work, drinking or his/her temper. I feel that zero tolerance for criminal domestic violence is working because according to the courts the rates have dropped. Woman or men should be abuse and there should be all kinds of resources for both sexes. No one being abused should have to go through it along. The three things you must remember: you are not to blame for being battered or mistreated, you are not the cause of your partner’s abusive behavior, and you deserve to be treated with respect. I can relate to some things a battered women go through because my best friend was a battered women. I felt her pain, saw her being abusing, watched her get beat in front of her two kids and felt so helpless because there was nothing I could do except watch and feel her pain. If I would have known then what I know now things would have been a lot different. I had no idea it would affect her two little girls the way it has. My friend always had an excuse as to why I do not need to contact the police; she always felt it was her fault he was in a bad mood. To me I feel as though I beat her because I was dumb to the fact I let it happen and did nothing about it but I thought at the time I was protecting my friend.