The CA Domestic Violence Act leads to casualties arrest

By Jess Huang, special to Calmatters

This comment was originally published by CalmattersS Register about their ballots.

On the weekend of Valentine’s Day, my ex -friend attacked me and threatened to kill me. It is 440 pounds and 6 feet-6. I am 137 pounds and a leg short. But when I called the local police station, I was arrested instead.

It doesn’t matter to my injuries. It doesn’t matter to the prevailing size difference. It doesn’t matter to the clear evidence of an attack – open beer can throw my head, the knife he bumps me demanded that I stab him in the heart.

None of that matters.

Under California Penal CodeEmployees must arrest for domestic violence cases when they determine the probable cause. It came into force in 1986, the code was intended to protect the victims.

The problem? The law suggests that employees are trained to identify the dominant aggressor but research shows that the gaps in the training and the mandatory arrest provision often presses them in hasty surface -level solutions. Experts say this creates too much a mistake for a mistake.

The evidence seemed clear that night. Still, the officer focused on the cut of my ex finger and believed in his claim that I was responsible. He ignored my statement that my ex had threatened me with a knife and cut.

He also ignores the sign of a home -violent textbook: my former confiscated car keys before they attack me, laughing, “Try to get to the airport now.” The forced governance is a Widely recognized tactics for abuseS

Instead, the officer accused me of “bodily harm to a spouse or coexist” through an incision and I treated my attempts to extract the keys as a criminal act. The charge, a more serious crime than a home battery, brings a sentence of up to four years and is usually reserved for traumatic injuries.

My ex, on the other hand, was not arrested tonight. He was provided with mental health resources. This emphasizes how leakage gaps can lead to unlawful arrests and excessive accusations.

At prison, I met two 22-year-old women who were also arrested under the same Penal Code in such cases. Like me, their partners were not accused.

I was lucky. I made a guarantee, found a good criminal protection lawyer and the district prosecutor missed his allegations for lack of evidence. But it could have been much worse. Penal Code 13701 Most arrests for domestic violence against accusations of a crime, which means that my decision to call the police could ruin my life.

Since then, I have turned to former legislative contacts to insist on a change. What I found was alarming: most selected employees a little understand the consequences of the Penal Code.

Only State Senis. Steven Choi The office took me seriously, at least agreeing to study the legislation during the next session. An office rejected me straight; Another diverted me to clinics.

A system designed to protect the survivors should not work that way.

The legislature and prosecutor General Rob Bont must act now in order to prevent more victims from being punished to seek help. The Penal Code 13701 must be reformed with better training and more stringent instructions to prevent prejudiced or uninformed arrests like mine.

This should include specialized training for dominant aggressor identification, higher standards for a probable cause and a mandatory review of supervisory supervision before arresting a victim who has called for help. In addition, unlawfully arrested victims deserve a rapidly tracked process to reject accusations and seal records to prevent future harm.

I’m sorry I called the local police that evening. The attempt to interrupt the 14-year cycle of abuse cost me all that thousands of legal fees and therapy to prolonged trauma. The people who wanted to protect me failed me.

But regret is not enough. It was a wake up. If someone like me – with resources and legislative contacts – can fail, what happens to the victims without these advantages?

That’s why I’m talking.

This article was Originally Published on CalMatters and was reissued under Creative Commons Attribution-Noncommercial-Noderivatives License.