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Domestic Violence Awareness
It is believed that uniformed officers spend anywhere from one-third to one-half of their work time, depending on the time of day and season of the year to respond to calls commonly referred to as "domestics". The month of October is recognized nationally and locally as Domestic Violence Awareness Month.
A "Domestic" is heard in the neighborhood and the police are called. A wife, a live in girlfriend, or someone else in the family have been struck several times by a loved one. Bruises are starting to materialize. The "suspect" flees the scene just before police arrive, escaping arrest.
The officers treat the victim's injuries and search the area for the abuser. After unsuccessful attempts to locate the suspect, the police must leave to handle the next radio call. Another domestic case is occurring down the street. The abuser will more than likely return to his home when he feels the coast is clear.
Unfortunately, this is an all too common scenario. But what one needs to know is that the story does not end here. The uniformed officers that originally responded have submitted a written report on the incident. That report will be sent to a specially trained and staffed unit within the Honolulu Police Department. This unit is called the "Family Violence Detail" of the Criminal Investigation Division.
The case now lands on the desk of one of the investigators. These very dedicated detectives' sole purpose is to investigate domestic violence and Family Court related restraining order violations. It is their job to locate the abuser who fled prior to patrol's arrival.
Two hundred and sixty such cases were assigned in the last two months alone to this detail. They have made 87 arrests themselves and along with patrol assistance have made anther 55 arrests. The remaining cases are either pending penal summons or further investigation.
Once an investigator receives a case he must do several things. They contact the victim and follow up on her condition. Did she seek medical attention? If so, a physician's report documenting the injuries is obtained. After ensuring her well being, the detective will confirm if she received a referral number to "Pu'uhonua" the Domestic Violence Drop in center offering services to victims. At the request of the victim, Honolulu Police Department detectives come to the Center to take police reports and collect evidence.
The detective goes over the victim's statement with her and, if the victim was unable to provide a written or taped statement at the time of the incident, one is now obtained.
The investigator then begins tracking down the abuser. This often proves to be difficult. The victim often feels guilt over "charging" a loved one who has assaulted them. Victims sometimes even hide the suspect from police detection. To help take the burden of the case away from the victim, the state, not the victim, becomes the complainant in domestic violence. The police department has a "no drop" policy. Therefore such cases can not be withdrawn.
The investigator will arrange for an abuser to come to the station and turn himself in if he is cooperating. If an abuser is not cooperative, he will be arrested wherever he is found: At his place of work, at his home in the early morning before his alarm goes off, at school, at a relatives, at the beach, or any where else. What the abuser must understand is that this case is not just going to go away. His victim can not just call and cancel the report. Avoiding the consequences of his actions is not an option.
Once the suspect has been located he is read his Constitutional Rights, commonly referred to as the "Miranda Rights". He is given an opportunity to make a statement and tell his side of the incident. In our society, everyone has a right to be heard. But no one can be forced to give a statement if they are a suspect in a case. The case is then reviewed with a supervisor for completeness. It is common to arrest the suspect at this time.
In the event of an arrest, a suspect's bail is set based upon his prior criminal record. On Oahu, if this is the first Abuse of a Household Member his bail will be set at $1,000.00. Any second or subsequent arrest means bail may be set in the amount of $2,000.00 or higher depending on the surrounding circumstances and any additional charges committed.
Domestic Abuse Protective Order Violations, such as Restraining Orders or Temporary Restraining Orders (TRO's) carry the same bail fees. In the event a suspect is not able to post bail, he stays overnight in the main station cell block and is seen by a judge in the morning.
The investigator must compile a complete written report of his finding along with all the proper forms and photos. This "closing" is submitted to the Records Division as the repository of all events investigated by the police. The prosecutor's office requests and obtains any records necessary for the court process.
In the event an officer is unable in unable to locate a suspect in a timely manner, the prosecutor creates a penal summons or warrant for the identified suspect to report to court or be arrested based on the investigation.
