#DomesticViolence #dv Waseca, MN-Tony Cornish has seen the darkest side of domestic violence. For more than 30 years, House Rep. Cornish, R-Vernon Center, served as a full-time peace officer and, on more than one occasion, saw domestic violence turn into murder. Cornish, whose district covers a large chunk of western Waseca County, has since become an advocate for domestic violence laws and is currently co-authoring a bill this session to do away with the 24-hour time limit put on law enforcement to catch a person accused of domestic violence without obtaining an arrest warrant. “I figured that it would help them to have a chairman to help get the bill passed on and cops will like this bill,” said Cornish, who previously held chair of the Public Safety Committee. “I think this will be a handy tool for cops. If the perp isn’t caught within 24 hours, they can reoffend and that has happened.” Current law states that law enforcement can arrest a person anywhere without a warrant if the officer has reason to believe that person has committed domestic abuse within the last 24 hours. According to Cornish, the problem lies in that 24-hour window when abusers who know the law have time to hide from authorities until the window passes. When it does, officers are required to go through the process to obtain a warrant before they can apprehend the suspect, which can be difficult if the abuse did not happen in the presence of a peace officer. “As a former cop, and talking to cops, they’re not too wild about the 24-hour rule,” Cornish said. “They don’t like their hands tied. If they see the perp, it’s a lot easier to grab him and then start on the paperwork.” According to the National Coalition Against Domestic Violence, more than 1 million women are victims of physical assault by an intimate partner every single year. Cornish hopes that by removing the 24-hour limit, law enforcement will have a better ability to nab domestic abusers before the abuse escalates. But in Waseca, the 24-hour rule does not often come into play, said Markeson of the Waseca Police Department. In the department’s jurisdiction, and if there is probable cause to do so, the primary aggressor is typically arrested immediately. Markeson said that, if passed, the new law would help Waseca Police make arrests, but the need for more than 24 hours is not common. “This new law does not really change much,” Markeson said in an email. “During all domestic assault investigations, we use statements, witnesses and physical evidence to try and determine the primary aggressor. Minnesota statute then requires us to arrest that person.” Even if the Waseca Police Department is unable to make a physical arrest within the 24-hour window, the person can still be charged via citation or criminal complaint, Markeson said. According to Brenda Miller, chief deputy assistant attorney for Waseca County, when abusers aren’t caught within the 24-hour window, those citations or formal complaints might not be heard for nearly a month in court. “What you want to do regarding domestic assault is set conditions of release,” Miller said, explaining that the conditions are agreed to when posting bail, and require the defendant to follow set rules. “Hopefully that will prevent any more abuse happening at least while the case is pending.” But despite infrequent dealings with the 24-hour time limit by Waseca Police, some cases do need some extra time. “Removing the 24-hour limit will just be another tool to use to our advantage in upholding to domestic assault statute,” Markeson said. “This holds especially true when there is a delay in reporting the incident.” The new bill would also change some of the existing language in state law to also cover all restraining, protection and no-contact orders, which would also include both civil and criminal orders. While it may not seem like much would change due to this bill, removing the 24-hour window can make a huge difference in domestic violence enforcement in the long run, Cornish said. “Every few years a change is made,” Cornish said. “In the last 12 years [I’ve been in the House], I’ve seen the subject approached about where you can file an order, time limits, things to do with texting, definitions of harassment and stalking.” By the time this bill hits the House floor, Cornish said he wouldn’t be surprised if it has more than 35 co-authors, once domestic abuse advocates get on board. “I think it will help protect victims,” Miller said. “Because the defendants will get into jail sooner, we can get those orders and DANCOs put into place. If [abusers] are in jail, the victims will be more willing to do it.” A DANCO is a Domestic Abuse No Contact Order that protects domestic violence victims even if the person they need protection from has been released from jail without conditions of release. By apprehending domestic abusers sooner, advocates and prosecutors have time to empower victims to file for DANCOs or orders for protection, Miller said. “We need to look out for public safety,” she said. “We need to look out for potential victims down the road. It’s easy for me to say, ‘This is what you should do.’ But, I’m not living their life.” southernminn/waseca_county_news/news/article_a4025310-621c-567e-9986-db607e26552a.html -J
Posted on: Sat, 01 Feb 2014 15:32:33 +0000
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