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Diamond reports: "Domestic violence is no longer taken lightly legally or by society. That's the way it should be, but two bills under consideration by this most unusual of legislatures, would undo that progress and put lives in danger. Both deserve a speedy defeat."

House Bill 1581 would prevent police from making an arrest in a domestic violence case without a warrant unless they witnessed abuse. (photo: WomenOnTheFence.com)
House Bill 1581 would prevent police from making an arrest in a domestic violence case without a warrant unless they witnessed abuse. (photo: WomenOnTheFence.com)



GOP Bill Would Prevent Protection of Domestic Abuse Victims

By Marie Diamond, ThinkProgress

27 January 12

 

ince the 1970s, New Hampshire police have operated under a progressive policy for handling domestic violence cases that has saved countless lives. Under current law the presumption is that an arrest will be made when police observe evidence of abuse. They have a large degree of discretion and don't need to witness the assault firsthand or obtain a legal warrant before they can separate the alleged attacker from his victim.

All that will change if Republicans get their way. The state's GOP legislators are pushing two bills that will reverse a half century of progress, the Concord Monitor reports:

Domestic violence is no longer taken lightly legally or by society. That's the way it should be, but two bills under consideration by this most unusual of legislatures, would undo that progress and put lives in danger. Both deserve a speedy defeat.

House Bill 1581 would turn the clock back 40 years to an age when a police officer could not make an arrest in a domestic violence case without first getting a warrant unless he or she actually witnessed the crime. That's an exceedingly dangerous change. Consider the following scenario, one outlined for lawmakers by retired Henniker police chief Tim Russell:

An officer is called to a home where she sees clear evidence that an assault has occurred. The furniture is overturned, the children are sobbing, and the face of the woman of the house is bruised and bleeding. It's obvious who the assailant was, but the officer arrived after the assault occurred. It's a small department, and no one else on the force is available to keep the peace until the officer finds a judge or justice of the peace to issue a warrant. The officer leaves, and the abuser renews his attack with even more ferocity, punishing his victim for having called for help. [...]

It's impossible to say how many lives the policy, in place since the 1970s, has saved or how many injuries it's prevented. If they adopt House Bill 1581, lawmakers might find out, but the price paid could be extraordinarily high.

The other bill Republicans have proposed, HB 1608, limits judges' ability to order the arrest of someone who has violated a domestic violence restraining order by contacting or abusing the person named in the order. It would also prevent judges from ordering defendants to surrender their weapons or block them from buying guns.

Police say the bill stops them from intervening to protect victims. For instance, they would be stripped of their power to arrest someone who is threatening to use violence against a victim or child. It's unclear why New Hampshire Republicans have set their sights on repealing protections for abuse victims when promised to focus on economic priorities.

 

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+5 # CandH 2012-01-27 15:55
(Cynical argument on.) Well, the police can "intervene" for just about anything else, especially if they relate it to "potential" terrrism and/or pot use/possession. Try that excuse instead in these circumstances (as it has been used before in other circumstances as an excuse.) (Cynical argument off.)
 
 
+13 # Willman 2012-01-27 17:23
This current crew of repugnaciousian s will be gone when their time is up. The good people of New Hampshire see what they are all about now.
This isn't the only controversial bill to come up either.More time spent on real problems would yield results.
 
 
0 # DaveM 2012-01-27 21:07
What do authorities do when they show up to find a man bruised and bleeding? Or when they respond for the umpteenth time to a phony call from a psychotic woman with a 30 year history of making same?

In my case, they help the woman file a restraining order (for reasons including "his office is messy" and "he sleeps late"), they boot the man out of his own home under threats of arrest should he return, and when he asks for the standard services offered to a victim of domestic abuse, they deny them and refer him to a group that provides services to abusive men. Then they help the woman who made the accusations get her locks changed, get an attorney, and provide her with an advocate, all free of charge.

Her victim, meanwhile, manages to make the restraining order mutual after spending a small fortune on an attorney. She violates it repeatedly and police will do nothing about it. He hires another attorney and gets another restraining order. Since her free attorney and the judge both believe that men cannot be victims of domestic abuse, it is once again a mutual order filled with allegations of misconduct on his part that are never so much as mentioned in open court.

Does any political party or entity have a plan for dealing with this sort of situation? Because I know I am not the only man who could use some help. My abuser alone has victimized at least three other men--so far.
 
 
+5 # Sir Real 2012-01-28 07:38
I know there are some psychotics out there but it usually works both ways.You willingly continue to participate in the mutually destructive relationship. A little advice, have you ever heard of divorce? Not married? Simple. Just go out for a pack of cigarettes,neve r to be seen again. Just get the hell out and start over. Sayonara lady.
 
 
+17 # MJnevetS 2012-01-28 08:25
Quoting Sir Real:
I know there are some psychotics out there but it usually works both ways.You willingly continue to participate in the mutually destructive relationship.
I don't know if you intended to,but your argument places blame on the VICTIMS, male AND female. It's also not that simple; I fooled around with a woman with who had borderline personality disorder (I did not know this) We had sex a few times and the last time I was with her, her behavior began to scare me. As I was leaving I told her it was over. First she tried to ply me with sex and when turned her down she began punching me about the face, full force. (She put my tooth through my lip) As I amtanding there, I grabbed her arms, pushed her away, and ran out the door. I called my local police when I got home (1/2 hour drive) because of threats to my property. I said I did not wishto press charges. By law, the police contacted her and she alleged rape. After taking her statement they realized she was lying (inconsistencie s, timing impossibilities and her admission that sex was consensual, but only because she believed we were destined for each other) BUT they advised her that she could prefer DV charges if she wished to. She did. Despite the judge finding her incredible, my admission of holding her arms to stop her hitting me was deemed a domestic violence. It took 3 years and almost a years salary in legal fees to have it overturned. The system should protect all victims, males and female.
 
 
+13 # Regina 2012-01-27 22:17
This is obviously another phase of the Republican war against women. We're just incubators and punching bags in their vile view.
 
 
+1 # Rick Levy 2012-01-27 23:05
Some advice to domestic abuse victims:
Hit back and leave. In fact, don't even get involved with abusers in the first place. They almost always give signals about their character.
 
 
+8 # MJnevetS 2012-01-28 08:34
Quoting Rick Levy:
Some advice to domestic abuse victims:
Hit back and leave. In fact, don't even get involved with abusers in the first place. They almost always give signals about their character.

MEN, DON'T EVER HIT BACK! If I had done that, as opposed to just stopping her assault and leaving, (see above), I'd be a convicted felon now, instead of a man who knows how biased the system is against men. All abusers are criminals! However, female abusers are presumed to be victims under most state's laws.
 
 
+9 # Glen 2012-01-28 09:51
It isn't as simple as your comments, Rick. Many people can fool others. Also, you must consider how people are raised (or not) and how that impacts their relationships when grown. Most victims are women, though.

As for hitting back and leaving; most of the time if a woman hits back the man then beats her worse. It is a very complicated issue, and that is why we need decent laws to protect both men and women, not legal gamesmanship.
 
 
+22 # Patch 2012-01-28 02:58
The Republicans, the "Family Values" party has an all-out war on women, which these bills represent since most domestic violence victims are women. The Republicans are the knuckle draggers of our society and truly despicable.
 
 
+9 # ltsnh1941@gmail.com 2012-01-28 07:52
Unfortunately, NH in the November 2010 elections put in to office some folks that most of us would say lack "common sense". As a result the members of the NH legislature has proposed a number of bills that run contrary to what most sensible folk in the state think. This bill is just one of many that are penny wise and pound foolish. I hope the residents will "throw the bums out" (to use a phrase from baseball) in the November 2012. Unfortunately, most of the damage will be done by then.
 
 
+11 # Texas Aggie 2012-01-28 08:43
Something that no one seems to have hit on is that possibly some of the NH legislators are trying to protect themselves. The GOOPERs have something of a record for beating up on their wives and girlfriends, so the supposition is in the realm of possibility. And the rest of them went along with the idea because they felt like they needed to protect their buddies from the consequences of their own behavior. One of the perks of being in a legislature is that you can make the laws to protect and benefit anyone you wish including yourself.
 
 
+9 # Byronator 2012-01-28 11:05
If intervening in and treating domestic violence and child abuse were a big corporate business, like privatizing prisons and the military, the Republicans would be all for it. Unfortunately, most nonprofits who work with police in incidents of domestic violence have had their federal and state, as well as philanthropic funding, cut to the bone. Face it, as a nation we worship violence.
 
 
+1 # hradford5 2012-01-28 11:10
I think there is either a typo or some other mistake made here. HB 1581 is about removing the wilderness designation of land unsuitable to that designation.It says nothing about domestic violence.
As to the other bill, it is a state bill for New Hampshire only. As I don't live in New Hampshire, there is nothing I can do about the 1608 bill in their congress.
 

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