[DV_listserv] FW: questions

[Domestic Violence issues]

A response from Josephine County. 
 
Thanks, Carrie!
-----Original Message-----
From: Carrie Wineland [mailto:CWineland at co.josephine.or.us] 
Sent: Wednesday, July 07, 2010 4:02 PM
To: Greenawald Erin S
Subject: FW: questions



Erin - I tried to reply to your message but it got rejected - so here is
my response.

Carrie

 

From: Carrie Wineland 
Sent: Wednesday, July 07, 2010 3:55 PM
To: 'dv_listserv at listsmart.osl.state.or.us'
Subject: RE: questions

 

Erin-

Josephine County charges Assault IV, Menacing, and Strangulation with
the DV language, and sporadically other degrees of Assault - but I have
been wondering whether that is kosher as well. It seems a little
redundant since any other degree would be a felony and therefore the
Brady restriction is somewhat meaningless since they are already a felon
and can't have firearms.

 

 Our county hasn't had a DA investigator for a long time - so not a
result of the recent recession. We also used to have some dedicated DV
officers but those were also cut before the recent recession.  The
direct effect that I can see is in reduced law enforcement funding so
they have less time to investigation DV cases - especially misd - so
more cases end up not getting filed or dismissed.  In the past out
office has had to decline some prosecutions (though not specifically DV
cases) due to a lack of resources in our office - but that has not been
as much of an issue in the last 2 years.  It may become an issue when
funding is renegotiated in another 2 years.

 

The economy also hits the DV advocate organizations which cuts back
their number of employees so the remaining ones have more burn out. We
also see it in our Batterer Intervention Programs because when the
batterer's don't have jobs they can't pay for classes. I know that is
something probation continues to struggle with.

Carrie

 

From: dv_listserv-bounces at listsmart.osl.state.or.us
[mailto:dv_listserv-bounces at listsmart.osl.state.or.us] On Behalf Of
Domestic Violence issues
Sent: Wednesday, July 07, 2010 2:54 PM
To: dv_listserv at listsmart.osl.state.or.us
Subject: [DV_listserv] questions

 

Good Afternoon: A couple of questions for you, PLEASE. 

 

1) A local DDA has asked what counties/DAs offices are doing in regards
to using the "Constituting Domestic Violence" language (as set forth in
ORS 132.586) for degrees of Assault OTHER than Assault IV (misdo or
felony Assault IV). As you all know, ORS 132.586 allows us to add the
"CDV" language to specific crimes. The specific crimes as outlined in
THAT statute are Assault IV and Menacing. Do you add that language to
other levels of Assault? Do you add it to Strangulation? 

 

2) I have received an inquiry about how, if at all, the economy has
affected allocation of funds for investigation/prosecution of DV/Sexual
Assault cases. Have positions been lost? Are you not prosecuting cases
that otherwise would have been prosecuted? Did your office at one time
have an advocate/investigator/specialized prosecutor that has been lost
due to budget cutbacks? 

 

Thank you for taking the time to answer,

 

Erin 

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