Stiffer domestic violence law urged

Kirsten Searer

Wednesday, Feb. 16, 2005 | 8:38 a.m.

CARSON CITY -- Some domestic violence advocates and prosecutors asked the Assembly Judiciary Committee Tuesday to require that all misdemeanor domestic battery charges be prosecuted.

Current state law allows victims to waive criminal prosecution and settle a case through a civil compromise. Sometimes the accused abusers make payments to the victim or agree to go to counseling.

But supporters of three similar measures -- Assembly Bills 7, 10 and 21 -- said Tuesday that abusers can intimidate their victims into waiving prosecution, setting up a cycle that could deteriorate into more than misdemeanor battery charges.

"It's easier for abusers to continue their violent behavior because they know they can avoid prosecution," said Assemblywoman Susan Gerhardt, D-Henderson.

Domestic violence is about "power and control," said Kristin Erickson, a lobbyist for the Nevada District Attorneys Association.

"What are the consequences of not agreeing to a civil compromise? Another black eye, bruising, biting, strangulation or even death," she said. "The victim of domestic violence is certainly in no position to bargain with her batterer. It is not a level playing field."

But several representatives of the Washoe County public defender's office said they were concerned the measure is too broad. Cotter C. Conway, a deputy public defender, pointed out that, under state law, domestic violence laws are not limited to just romantic relationships. Siblings, roommates and even distant cousins could be automatically prosecuted, he said.

He pointed to one of his cases in which two brothers got in a fight and their mother called the police. Neither brother wants to file charges, and a civil compromise is one way to prevent either one from having a domestic battery charge on his record, Conway said.

"These are the ones we need it for," Conway said.

Several Assembly members, including Assemblyman Harry Mortenson, D-Las Vegas, and Assemblyman Brooks Holcomb, R-Reno, said they were concerned that police might be called in during situations that might not rise to the level of physical violence.

Kathy O'Leary, another deputy public defender for the Washoe County public defender's office, agreed that some cases might be automatically prosecuted when they could be resolved, leaving people with a battery charge on their record.

"It can be as simple as a push," she said. "There could be a heated argument between a married couple and one pushes the other one back. That's a domestic battery under the law. Those types of cases concern me if you get rid of the civil compromise."

But Gerald Gardener, chief deputy attorney general, said almost all cases of domestic violence include a physical act of violence or stalking.

"Ninety-nine percent of the cases are actual acts of violence," he said.

Mortenson responded, "The one percent is what I'm worried about."

Judiciary Committee Chairman Bernie Anderson, D-Sparks, asked for more information on how many additional people might go through the court system or be jailed if the law were changed.