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Show Police are 'pro-arrest' By DON ETA GATHERUM KAYSVILLE Because domestic dom-estic violence is a major problem in all communities in Utah, the Kays-ville Kays-ville Police Department is taking a pro-arrest approach to handling all family violence calls. The number of domestic violence calls handled by the KaysviUe Police Department has increased steadily over the years. In 1989 the police responded to 41 domestic violence complaints. So far this year, 47 domestic violence complaints com-plaints have been answered. Chief David Helquist said, ''Family violence is a crime. The Kaysville Police Department views family violence as a preventable crime." been committed, the officer shall make an arrest or issue a citation. This is in compliance with a law passed by the 1990 Utah State Legislature. Under the sponsorship of Senators Sena-tors Boyd Storey and Karl Swan and Representatives Mont Evans and JoAnne Milner, four legislative bills were been introduced and passed. The following changes in the law were made. First, an officer shall be required to either arrest the perpetrator or issue a citation when there is probable cause that an assault has been committed. Second, an officer shall be required, re-quired, in cases of domestic violence, to complete a report, as well as to make it available to the victim upon request Third, prosecutors are urged to implement a policy whereby a victim vic-tim could not opt to drop charges against ule perpetrator, but the decision deci-sion to dismiss charges would be made by the prosecutor. Fourth, option is given to judges to either pass sentence or divert abusers into court-ordered treatment treat-ment programs. Fifth, in cases of an arrest or citation, the perpetrator shall be required to vacate the home for 24 hours. The last part of this law requiring the perpetrator to vacate the home for 24 hours is the portion that is being be-ing questioned regarding constitutionality. constitu-tionality. This new law is patterned after POLICE 'CONT. ON PG.A5 I Approximately 57,630 males physically assault an intimate I One third (20,170) will never assault more than once; however, I 37,459 will continue to assault I P6rD6trCltOrS Approximately 7,1 17 will assault even if they are arrested I Approximately 1 ,498 will continue to assault even if arrested and I complete court ordered treatment I If every reported perpetrator (8,644) completed an appropriate I model of court ordered treatment, at least 70 percent (6,050) I would never assault again I r i One of every ten women (10.2 percent) are assaulted by intimate II I Only 15 percent (8,644) of all domestic assaults come to the 1 1 I attention of law enforcement II ,i i r.-r I 25percent(14,407)ofwomenassaultedarepregnantatthetime II WWlTMt I of the abuse During 1988 2,803 women and children received 19,000 days of 1 1 I protection in domestic violence Shelters located throughout the 1 1 I state: HOWEVER Only 1 2 percent of those victims whose assault is reported enter Given the average family size in Utah, each year 144,075 children witness domestic assault between their parents In 50 percent of the cases, the children (approximately 72,000) are assaulted as well ChildrGn Of those boys ages 1 1-20 who commit homicide, 63 percent I murder the man who assaulted their mother Approximately 65 percent (93,650) children growing up in I abusive homes will enter into abusive adult relationships. If this . generation does not receive treatment, the next one will have ap proximately 234,120 children in abusive homes The goals of the police department depart-ment s family violence policy are to prevent family homicides, to reduce family assaults, to reduce police call-backs to family violence cases, to reduce liability risks for the department and to reduce injuries to police officers. Helquist noted that many individuals in-dividuals are under the false impression im-pression that anything that happens in a home is lawful. "The man's home is his castle idea is wrong Helquist said. "It is against the law for a husband to assault his wife or for a wife to assault her husband. Children in the home have rights protected by law." The police department uses a team approach to handling family violence. The dispatcher must input the call with the information necessary to safeguard the lives of the officer and the victim. The patrol officer must restore order and conduct a thorough on-scene investigation. in-vestigation. If the investigation establishes probable cause that a crime has Police j CONT. FROM PG. A4 one that has been successfully operating in West Valley City since 1982. The West Valley City program, as well as similar ones throughout j the country, have demonstrated the I following facts: if abusers complete ; a court-ordered treatment program, at least 70 percent will not abuse ; again; if law enforcement takes a ; pro-arrest approach, victims of ! domestic violence will view arrest j or citation as a positive means of ; getting help for the abuser. ! Finally, this approach helps not j only to protect victims, but also to ; make healthy families. ; Helquist said in both arrest and j non-arrest situations, the officers j will do all they can to help the vic-; vic-; tim, the offender and the children that are trapped within the cycle of ; violence. The investigator must I conduct a thorough follow-up in-j in-j vestigation that will lead to the ap-I ap-I prehension of the suspect. j The law applies to all fami- ! lyhousehold members. The legal ! definition of a familyhousehold 1 member includes persons who are i legally married to one another, were I formerly married to one another, are j related by blood (consanguinity), j are related by marriage, have a child I in common, are living together or ! have lived together, are having a dating relationship or have had a dating relationship. Since correcting the situation is ! the goal of the Kaysville law en-: en-: forcement officers, treatment and I counseling are often recommended. : The Family Support Center in : Clearfield at 776540 and the J Women's Crisis Center at 392-7273 ; are the two programs most often used by the Kaysville police. Both J offer shelter, counseling, support groups and referrals to needed agencies. |