Criminal Law - Domestic Violence - Frequently Asked Questions

WHAT IS DOMESTIC VIOLENCE?

Domestic violence is a legal term for any of several crimes by one household member against another household member. It often involves physical violence between a man and a woman living together, whether married or not. However, domestic violence can also involve parents and children, siblings, or same-sex couples. Domestic violence can consist solely of property damage, threats, harassment, or violations of court orders.

Domestic violence is also a psychological term describing a pattern of physical, sexual, psychological, or emotional abuse used by an individual to establish and maintain coercive control over an intimate partner. It is a strategy to control the thoughts, beliefs or conduct of another household member and to punish this person for resisting control. Domestic violence is not consensual.

MISDEMEANOR OR FELONY: WHAT IS THE DIFFERENCE?

The CBJ Law Department prosecutes misdemeanor crimes that occur within the City & Borough of Juneau.

Domestic violence is handled as a felony if the victim suffers broken bones, receives a serious wound from a weapon (such as a knife or a gun) or suffers other serious injury. Felonies are handled by the Alaska District Attorney.


WHAT IS THE CBJ LAW DEPARTMENT CRIMINAL SECTION?

The Criminal Section of the City Attorney's Office is a team of lawyers and support staff dedicated to prosecuting misdemeanors. The Section consists of two prosecutors, a litigation assistant, and a legal secretary. They are supervised by the City Attorney, who reports to the CBJ Assembly. The Section works closely with the Juneau Police Department, AWARE, the Alaska Court System, The Alaska Department of Corrections, social service agencies, the Juneau Domestic Violence Task Force, and the Alaska Domestic Violence Network.


WHY WERE CHARGES FILED?

Domestic violence is a crime. The City Attorney files criminal complaints against individuals who commit crimes. Typically, we evaluate the crime report, the batterer's criminal history, photographs of visible injuries or property damage, 911 recording, medical records, witness statements, prior history of domestic violence, and any other information available. We believe batterers should be held accountable for their crimes.

If the case goes to trial, all of the information gathered will be used as evidence to prove the defendant is guilty of the charges. In addition, the police officers who responded to the 911 emergency call, as well as any witnesses (paramedics, neighbors and children), will testify at trial.


WILL THE DEFENDANT GO TO JAIL?

It would be unusual for a first-time domestic violence offender to get a lengthy jail sentence for a misdemeanor offense. First-time offenders are ordered to counseling, assigned to do public work service, placed on probation, and ordered by the judge not to break any laws. If the defendant does not comply with court orders, the judge has the power to send the batterer to jail.

Depending on the facts of the case and whether the defendant has prior convictions of domestic violence or is on probation for a violent crime, the prosecutor will request that the judge order the defendant to serve some time in jail.


WILL I HAVE TO TESTIFY IN COURT?

You only have to testify if you receive a subpoena ordering you to appear in court. Trials are held in the district court at the Dimond Courthouse in Juneau. Almost all domestic violence cases are resolved without going to trial. This is how it works:

Arraignment. The first step is called arraignment. When a criminal complaint has been filed, the defendant is ordered to go to court and enter a plea of either "Guilty" or "Not Guilty." If the defendant cannot afford an attorney, the court may appoint one at this time. If the defendant pleads "Not Guilty," a second court date is scheduled. This second hearing is called the pre-trial hearing. It usually takes place within two months after arraignment.

Pre-trial Hearing. By the second hearing, the defendant’s attorney will have had a conference with the prosecutor and reviewed all of the evidence against the defendant that the prosecution has. The prosecutor will recommend a sentence in exchange for a "Guilty" plea. The defense attorney will tell the defendant of the prosecutor’s recommended sentence. A majority of the defendants in domestic violence cases change their pleas to "Guilty" either at arraignment or the pre-trial conference. This is because defendants find out how much evidence the prosecutor has. Defendants learn that if the case goes to trial and they are found guilty by a jury, they face a substantial sentence.

Jury Trial. If the defendant refuses the prosecution’s offer at the pre-trial hearing, then a trial date is set. The trial date is generally a week after the pre-trial conference. At the trial, all available evidence is presented to a jury. The jury then decides whether the defendant is guilty of the crimes charged. If the defendant is found guilty, the judge imposes a sentence.

Change of Plea. If the defendant pleads "Guilty" either at arraignment or the pre-trial conference, there will be no trial. Although you may have received a subpoena and you will not have to testify in court. Even if a trial date is set, the defendant can still plead "Guilty" on the day of the trial. This means that although you still have to go to court because you were served with a subpoena, you will not have to testify.

Protective Order. At any time before trial, if you are afraid of the defendant, you can request that the judge issue a protective order. The protective order requires the defendant to stay away from you and not to hurt, threaten or harass you. The judge may also order the defendant to stay away from your family members or witnesses. If the defendant does not obey this order, call the police and report the incident immediately. If a no contact order has been issued, under no circumstances may you allow the defendant to return to your residence or to violate that order until it has been removed by the Court that issued it. If you permit the perpetrator to return to your residence or otherwise violate the order, even though it was intended for your protection, you could be charged with aiding and abetting the violation of that order. If you wish to have the order removed, contact the court and obtain the court's permission before you allow the perpetrator to return to your residence or otherwise violate the order.

WILL I HAVE TO HIRE AN ATTORNEY?

No. You are a witness to the crime. By abusing you, the defendant violated the laws of the City and Borough of Juneau. The prosecutor from the Law Department represents the people of Juneau and prosecutes the defendant for the crime committed.


CAN I DROP CHARGES?

It is impossible for you to drop the charges because you are not the one who filed charges. The charges were filed by the City Attorney after reviewing all the evidence against the defendant. It is important for the defendant to realize that he or she must live within the laws of our society and that violent actions against you, or anyone else, have no place in our community. It is also important that the defendant gets help, such as counseling or drug and alcohol rehabilitation.


WILL I BE HIT AGAIN?

Unless batterers receive counseling for their violent behavior, they may not be able to stop being violent on their own. Many violent people grew up in violent homes where they were abused or where they saw one parent physically hurt the other. This violent behavior may be all they know in a relationship. In order to stop the cycle of violence in your relationship, the batterer must come to understand his or her behavior. This is why people convicted of domestic violence are sentenced to a counseling program. If they resist going to counseling, they are unlikely to change their behavior. If the person who has battered you does not change, then you may still be in danger. Remember, batterers who attend counseling can still be violent. Use your own instincts and judgment. Plan for your safety; decide in advance what you will do when your abuser becomes violent. In case of an emergency, call 911.


WHAT KIND OF COUNSELING?

Domestic violence counseling in Juneau most often consists of anger management classes, substance abuse classes, or both. Anger management counseling helps batterers learn to examine their lives and understand the reasons for their violent behavior. They learn how to walk away from a potentially explosive situation and resolve problems without using violence. They learn that they cannot control their relationships through violence.

Attendance will be monitored by the Law Department and the court. There are numerous locations throughout Juneau offering different dates and times to make attendance easy. Batterers may pay for counseling on an installment plan.

If alcohol or other drugs are part of the problem, the judge can order the defendant to attend Alcoholics/Narcotics Anonymous meetings. There are no dues or fees associated with AA or NA meetings.


HOW CAN A VICTIM ADVOCATE HELP ME?

AWARE has advocates who can help you. Advocates can help by obtaining protective orders; discussing a safety plan; finding a safe place for you to stay; referring you or your children to counseling or financial aid; explaining the court system; providing information about the current status of the case; and accompanying you to court if you have to testify.


WHO SHOULD I CALL FOR HELP?

If you are in a crisis situation, call 911. If you need a safe place to stay, counseling or general assistance, call AWARE at 586-1090.