This is “Opening Statement,” an update for our community about the criminal justice system and how my office, the Audrain County Prosecuting Attorney’s Office, works for justice for all citizens. This month, I’m writing about a specific type of crime: domestic violence. October is Domestic Violence Awareness Month, and domestic violence cases require special effort in investigation and prosecution, as well as accountability after a defendant is found guilty. The cases are among the most challenging our office prosecutes, for victims, our office, and the system overall.

In Missouri, domestic violence is certain criminal acts that occur between family or household members: people in an interpersonal relationship, either living together or not, family members or not, and includes both blood and by-marriage relatives. A boyfriend or girlfriend, a spouse or ex-spouse, a live-in partner, or children can be a part of a domestic violence situation. Domestic Assault is a crime with four degrees: one misdemeanor, or lower-level crime, and three classes of felony assaults, escalating in seriousness and danger. The levels are based on harm: risk of injury, physical injury, serious physical injury, and threats and actions which are decisions to harm or kill the victim.

Domestic violence can happen anywhere – and it does. Violence between partners can be dangerous, in part because of how close and tangled those relationships can be. Also, the abuser has ready access to the victim – they live together, have children together, and have many reasons to stay together, even if abuse happens. Abusers rely on the relationship to stay close to the victim, believing those other issues – money, sex, kids, jobs and social pressures –  will keep them from accountability and keep them in power and control. This cycle of abuse, where abusers pull their victims closer under their power and control, is difficult to stop without intervention. Our community has resources to help victims break the cycle.

Other than domestic assault, violation of an order of protection, stalking and harassment are other offenses that occur between partners. In a violation of an order of protection case, if the respondent contacts the petitioner in any way or through any medium, that’s a crime. You may hear about “restraining orders,” but Missouri formally calls it an “order of protection.” Orders of protection exist to protect victims, most often of domestic assault, from their abusers through stay-away orders, orders not to communicate, and orders not to go to or on property that are court orders that must be followed. Stalking and harassment are often also included in domestic violence situations.

When an investigation into domestic violence comes into our office, It is examined carefully by our victim advocate, a prosecutor, and a domestic and sexual violence investigator. The victim advocate makes contact with the victim early and often to ensure they are respected and feel safe and included in the system. We communicate about an unfamiliar and often rigid system, and if victims have involved the police, the situation has become more dangerous for them and their families. The investigator works on any additional follow-up – helping identify evidence, bringing medical and other documentation of injuries, and other ways of extending the investigation past the initial law enforcement involvement. A prosecutor monitors the case progress, the victim’s perspective, and ensures the case is progressing while respecting the victim’s rights as well as the defendant’s.

Although it can move quickly, it may take months for the case to move through the criminal justice system – the system is designed to be thorough instead of rushed. When individuals want to plead guilty and accept responsibility and accountability for their actions, our office is prepared to offer a plea agreement, where the defendant agrees to accept a sentence on a plea of guilty. Often, this includes probation and supervision on a specialized and intensive focused docket designed for domestic violence cases.

In the domestic violence docket, convicted individuals report to a single probation officer who monitors their progress on supervision and compliance with conditions of probation. On domestic violence supervision, probationers are ordered to complete an assessment and comply with the Batterer’s Intervention Program, a 26-week program designed to help abusers address their way of thinking and criminal mindset that led to the assaultive behavior in their case. They must complete this intensive rehabilitation to complete their supervision term. 

Interpersonal relationship violence, such as that against a partner, is a long-term and mindset-based crime – and the intense group and individual work required to process that abuse mentally and create a change without abuse takes time. Probation officers also visit these probationers in the community, making sure victims are safe and protected. Frequent victim contact through the probation officer, our office’s victim advocate, and law enforcement assistance give the court information about if the probationer is doing what he or she is supposed to do – if any condition of probation is violated, the court can take immediate action to address that problem. These immediate sanctions can help keep victims safe and show offenders that they will be held accountable quickly for abusive or criminal behaviors.

Audrain County’s Judge Melissa Buckman Young presides as judge over the domestic violence dockets, which began in Audrain County in 2022 and have now expanded into specialized dockets in other counties. The Audrain County model is one that is an example to other counties about routine check-ins, and system preparation and accountability on a regular basis can keep victims safe, families protected and defendants from re-offending… if the defendants choose to change their behavior and actions.

These dockets are proof that the Audrain County justice system, and my office, are committed to problem-solving approaches in the criminal justice system. These dockets take a lot of work, but serve to keep our community safe, as treatment providers, probation officers, my office, and the criminal justice system work together to build pro-social connections and heal our community. Community service performed by probationers cleans our parks, aids local non-profits, and encourages defendants to work toward a common goal in making our community a better place. These restorative probation conditions rebuild the relationship between defendants and the community, and hold them accountable for breaking our society’s laws – the promises we all make to one another to ensure society works for all.