Domestic Abuse, just like many other areas of policy and law are promulgated from the federal government to the states. The Congress is known for its power of the purse, or its ability to divert federal money to individual states. In getting individual states to adopt standards that the Federal Government thinks are best it will tempt the states with Federal money. (i.e, "Every state that implements the .08 standard for DUI will receive an extra $300 million for infrastructure repair.")
The government uses positive reinforcement so that the states implement a more harse "negative reinforcment" for citizens, misgivings, or breaking the law. DUI threshold for Kentucky is now .08. This .08 is signifcantly down from .15 that was not even 20 years ago. The laws in regards to DUI have gotten much more stiff. What I am noticing is longer suspension rates, larger fines and 3rd party technology such as Ignition Interlock Device (IID) and SCRAM systems you put on your body.
Oldham County, Kentucky or LaGrange is not a no drop county. Much more reasonable actions by Louisville's northern neighbors, LaGrange or more affectionately, Oldham County.
Domestic Violence is something the Federal Government researches and tries its best to lower its rate. To lower the occurrence of Domestic Abuse, the Federal Government follows the same positive enforcement incentives that DUI law. Research dollars have poured into the "cycle of domestic violence" and its affect on individuals, families and development of children in that kind of environment. Individuals my age can probably remember a time when there was NO domestic violence. Well, there was plenty to go around, but there was no branding, or telling people "that is domestic violence that you are witnessing." And I don't recall many people, couples or otherwise, arrested for domestic violence. Like many other things in United States History, it was much the "Toys in the Attic" problem. You don't see what you don't want other people to see and neighbors knew better than to get involved. I bet if you ask someone in their mid-50's and older if they had heard of Anger Management growing up the answer is no. Batterer's Intervention Program (BIP) and other programs, as well.
Domestic violence and abuse is often outed and made public because of the effort of Government to brighten the lights on perpetrators. So, awareness and the outing of offenders is a positive outcome. Educating the public and creating a society of awareness is also a positive.
THE REDNECK DIVORCE: However, with the good comes the bad, the very bad. Some grow up in households, or in other environments where they become educated to the "street side" effects of domestic violence. They see the result and want the result. For example, the domestic perpetrator has to vacate the home, whether they own it or not. The cannot go near the victims place of employment and possibly, they cannot come within 500 feet of the "victim." Where one side is not in the same financial position, this becomes a desired outcome when breakup is imminent and a forgone conclusion, in their mind. Some people are going to take it overboard and use it for attention, their negative being a positive.
This happens a lot and it happens quite often on our only little stage in Jefferson County, Louisville, Kentucky and every other county stage across Kentucky. What has made Louisville, or the county seat Jefferson County, so bad is this "no drop" policy.
DOMESTIC VIOLENCE POLICY IN LOUISVILLE: HOW TO SCREW THE DEFENDANT.
"NO DROP" policy of Louisville / Jefferson County, Kentucky. Louisville, and the county attorney, has declared this a "no drop" zone in regards to domestic violence. This is a good policy if everyone was honest. They are not. When they are not honest and caught up in the drama and shade in the guise of a "domestic occurrence" they cannot back out. The "victim" cannot get away from what was spent into action and the Defendant cannot escape short of a trial or pleading guilty to something they didn't do.
That is a huge problem.
This happens all the time. I win a high percentage of Emergency Protective Order Hearings and the majority have a criminal case the accompanies this EPO. So, if a judge in family court determines there is no domestic violence, and the standard of preponderance is so much lower than criminal's beyond a reasonable doubt, then the criminal case should be dismissed, right? No, I have had prosecutors move forward saying that the EPO is a limited evidentiary hearing, he/she wasn't represented by counsel, that they just don't care what had happened. Or they want to pass it for 3 months with no problems and they will dismiss the case. They are quick to point out that we would be hard pressed to get to trial in 3 months. They also will try to add counseling and any follow up as suggested and they ripen the deal by saying they will lift the no-contact order if this is agreed upon.
Your client must understand they have to persevere. If a relationship is of the quality that someone is going to jail, the relationship is likely over, if it hadn't been over, already, for years. Maybe it is time for themselves to be honest.
So the no contact stays in place through criminal court, one party is not at their normal home, usually and life drudges along.
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