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Domestic Violence in Ann Arbor 
A Prosecutor's View of DV in Michigan

The interests of the victim

We are not talking here about whether the victim has asked that the charges be dropped.  Rather, the consideration is one of the victim’s safety.  The safety of a victim is always a charging consideration.  It is critical that one understands that most batterers (like most criminals) engage in a cost/benefit analysis-does the benefit of gaining and maintaining coercive control over their intimate partner through battering outweigh the cost of sanctions that may be imposed?  Appropriate charging raises the cost to the batterer to a level that he may not be willing to pay.  Some will choose not to batter and, therefore, the victim’s long-term safety is enhanced.

You need to be conscious of the victim’s immediate safety, too. Appropriately charging a case of serious violence can mean that the batterer may not be released on bond, or if released, the bond will impose the appropriate protective conditions. 

Appropriate charging also leads to appropriate sentencing.  The wrong charging decision can seriously limit the range of possible sentences and endanger the victim by placing a violent batterer on probation when a jail or prison sentence is necessary to protect the victim.

Appropriate charging also leads to appropriate criminal histories.  Charging (and convicting) a batterer of a lesser charge of assault and battery when he used a dangerous weapon or caused serious injury, or when he is a repeat offender, creates a record that doesn’t accurately reflect the potential lethality of the batterer. Other criminal justice system personnel will rely on this inaccurate record to make future decisions about the batterer.

Holding the batterer accountable through the criminal justice system can have salutary effects for victims and society.  However, survivors of domestic violence have legitimate concerns about participating in the criminal justice system that should be taken into account when making the charging decision.  In some circumstances alternative interventions to the justice system may be more appropriate and safe for the survivor and her family. 

For example, the victim may be financially dependent upon the batterer or she may be reluctant to separate the defendant from his children.  The victim may lack the emotional resources to participate in multiple court proceedings if there is a pending divorce and/or child custody case.  The victim may perceive the criminal justice system as racist and therefore mistrust its ability to appropriately respond and keep her and her family safe.  The victim may fear CPS intervention.  The victim may fear ostracism from and rejection by her family and her cultural or religious community.  

Some of these can be addressed to a greater or lesser degree by the criminal justice system.  For example, a victim’s financial independence can be addressed with a bond condition requiring the defendant to maintain mortgage or rent payments, or pay an appropriate amount in child support.  Others, like the perception of racism in the criminal justice system, are much harder to address.  Difficult or not, these legitimate concerns and creative alternatives should be considered.

To learn more about domestic violence in Michigan, click here. 

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