Since the Simpson trial, state legislatures across the nation have provided additional funding for
the prosecution of domestic violence cases. Special units that deal with only this type of case have
been set up in district attorneys' offices. Police procedures have become far more comprehensive
and strident, and the handling of such cases a top priority. Judges have had to attend special
educational programs on domestic violence, in part because the public has demanded harsher
penalties for the accused.

The first evidence of change is reflected in new police procedures in this kind of case. Historically,
police officers arrived at the scene of a domestic violence dispute to act as peacemakers, to calm
down the parties involved. The routine was to ask the wife if she wanted her husband/partner
arrested. If she said no, he was usually released at the scene. Today, the police are instructed
that a wife or domestic partner might not want to have her spouse/partner arrested because he is
major source of income or because she is afraid of later reprisals. Both are legitimate concerns.
However, without further evidence, the police prefer to make an arrest and not leave the decision
to the alleged victim.

The police are also trained that the alleged victim might change her story at the time of trial and
deny that she was physically abused. The police are instructed to obtain the wife's or domestic
partner's original statement on tape. If the alleged victim changes her story at the time of trial,
the tape-with all of the emotion of the incident-can then be played to the jury as rebuttal.

The way prosecutors handle domestic violence cases has also changed. In the past, a wife or
domestic partner was typically asked if she wished to proceed with the criminal charges once the
incident was defused. If she decided not to proceed, the charges were dropped. The charges were
also dropped if the couple presented proof to the prosecutor that they had gone to and completed
marriage counseling. This is no longer the accepted approach since the Simpson trial. According
to some psychologists, the wife or domestic partner is no longer considered "well" or
"strong enough" to decide whether or not to proceed with prosecution. Instead, the D. A.'s
office has adopted the policy of prosecuting despite the wife/domestic partner's stated desires.

Should the wife/domestic partner refuse to testify in California, she will be sent once to domestic
violence counseling. She will then return to court and be ordered to testify. If she refuses a second
time, she will be held in contempt and jailed. If she agrees to testify but changes her account,
she will face perjury charges. The original story recorded by the arresting officer will be played for
the jury and used against her. Regardless what actually happened, she will be forced to say she
was physically abused to meet the expectations of the system.

The manner in which these cases are adjudicated has also radically changed. In California some
counties penalize the alleged batterer with high bail amounts. If the husband/partner can post bail,
he is ordered not to have any contact with his wife or domestic partner. The theory is to protect
women from being dissuaded to testify, a reasonable concern. However, enforced separation can
last for months, even if the wife/domestic partner wants to re-unite with the spouse, and even if
the wife/domestic partner states that she fabricated the allegation because of some other dispute.

As attorneys, we are troubled by the establishment of domestic violence protocols set by meetings
which included Judges, District Attorneys, Advocates, and other county officials. Neither the
defendant nor his attorney was not represented at these meetings where high bails and stay away
orders were set up as standard protocol. While each defendant is supposed to be viewed as an
individual, this cookie-cutter approach penalizes everyone accused, regardless of his or her actions.

This bias is compounded by the absence of both the defendant and his attorney when these
decisions are made, revealing a serious breakdown in the separation of the judicial and
prosecution branches of the legal system. Judges and prosecutors have formed an alliance to
set a standard high bail, a standard stay-away order, and even minimum standard sentences
coupled with domestic violence therapy for everyone accused of this crime.

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