The Rhode Island Domestic Violence Protection Act ensures domestic violence as
a crime is highlighted with how serious it is in today’s society and assure victims
of domestic violence the protections in which the law and those that enforce the
law can legally provide. The act provides victims the right to file a restraining
order, create a statewide registry for law enforcement officials to quickly identify
if victims are in danger, and mandates employers provide their employees time off
to attend court hearings related to their case.
The law provides little discretion for law enforcement officials and judges as it
outlines the law and expectations for criminal justice professionals. The law
requires law enforcement official to make an arrest if they have enough probable
cause to believe a domestic violence crime has or is being committed. With the
mandate of a statewide registry for domestic violence officials, it leave little room
for discretion for officers when responding to these situations as it outlines
potential aggressors within households from previous offenses. The act aims to
eliminate biased dissection making which increases the safety of victims of
domestic violence situations. The act does limit discretion to an extent but only
based on the fact they “if officers have probable cause of a crime, they must arrest
the aggressor”. The act aims to combat domestic violence crimes and ensure
victims receive appropriate care and support but outlining requirements for
departments to follow. It still leaves departments to establish its own guidelines
and the way they handle domestic violence situations. It allows judges to establish
restraining orders based on evidence.
Law enforcement can be a tough career as most officers rely on training or
mandated ways to deal with situations rather than using common sense and using
discretion when walking into situations. This can hinder responses to domestic
violence as its not always “black and white” and might require using common
sense within these kinds of responses. Lastly, there is often a stigma of men not
being victims of domestic violence when in reality, it happens more often than
one might think. This can hinder interviews of domestic situations as the
interviewing authority may have already dismissed a male as a victim which can
hinder the investigation.
References:
Our future depends on preventing domestic violence. Rhode Island Coalition
Against Domestic Violence. (n.d.). https://ricadv.org/.
