Apr 04, 2008  |  By: CHRIS JOHNSON  | COMMENTS     

The Arlington police force is working to ensure that all its officers are aware of a new directive that requires officials to treat domestic violence calls for same-sex couples in the same way that such cases are handled for straight couples.

Police Capt. Michelle Nuneville, supervisor of Arlington Police’s Gay & Lesbian Liaison Team (GLLT), said police officers are being informed of the new directive during roll call meetings at the beginning of the day. The police force also intends to publish the new procedure on information sheets for officers, she said.

The directive, approved Oct. 3, requires Arlington magistrates to issue warrants and protective orders for domestic violence if police are investigating a case of abuse involving same-sex partners. The Juvenile and Domestic Relations Court, which handles cases of domestic violence for straight couples, is also required to hear the same-sex cases.

The chief’s magistrate office “will begin issuing processes returnable to the [Juvenile Domestic Relations Court] for same-sex partners,” the memo states.

The directive was distributed to the Juvenile and Domestic Relations Court, the police department and the Commonwealth’s Attorney’s Office.

Officer Loreann Grimes, assistant team leader for Arlington Police’s GLLT, said the new directive puts everyone in the same mindset for how to handle cases of same-sex domestic violence.

“We’ve been working on … informing officers and everybody that this is the way that it’s going to happen, so there shouldn’t be any kind of confusion on what kind of warrant you’re going to get,” she said.

Before the memo was released, officials could treat cases of domestic violence for same-sex couples as either domestic assault or simple assault. In simple assault, the victim has the option not to press charges and the case is heard in the General District Court. In domestic assault, the state will prosecute the offender regardless of the victim’s wishes and the case is heard in the Juvenile and Domestic Relations Court.

Nuneville said officials must now treat all cases of abuse in same-sex relationships as cases of domestic violence.

“Now I think we’re on the same path, all the magistrates are doing the same thing, and those cases are being heard by the two judges in the Juvenile and Domestic Relations Court,” she said.

Robert Hellyer, chief magistrate for Virginia’s 17th Judicial District, which includes Arlington County and Falls Church, said he issued the directive to make Arlington’s policies more consistent with neighboring counties.

Counties such as Alexandria and Fairfax already have such directives in place, Nuneville said.

Police Sgt. Kip Malcolm, leader of Arlington Police’s GLLT said the change is “basically a procedural thing” and “doesn’t really do a whole lot different” other than recognize that in Arlington “a domestic is a domestic” and that the gender of the parties doesn’t matter.

Domestic assault and simple assault are both classified as class one misdemeanors, so there will be no difference in jail time served for convicted perpetuators. However, those convicted of domestic assault, unlike perpetuators of simple assault, are forbidden from carrying weapons following their conviction. There is also a greater chance that a judge will assign anger management prevention classes in cases of domestic violence, Malcolm said.

The directive responds to Virginia Attorney General Bob McDonnell’s interpretation of the Marshall-Newman Amendment, which prohibits same-sex marriage in Virginia. The attorney general released his opinion before voters approved the amendment.

In addition to stating that the amendment would not interfere with contracts, wills, medical directives and other agreements, McDonnell concludes that the amendment “will not modify the application and enforcement of Virginia’s domestic violence laws.”

With decisions on the treatment of domestic violence cases left in the hands of localities, Hellyer brought the issue to the attention of Arlington officials at a quarterly meeting. The chief magistrate said officials informed him that determining how to handle same-sex domestic violence was his decision, so he issued the directive.

Hellyer had no statistics on the number of domestic violence cases involving same-sex partners in Arlington. He added that he does know “we’ve had a quite a few.”

According to a one study, domestic violence happens just as often in same-sex relationships as it does in straight relationships. In 2004, the National Institutes of Health found that more than one-fifth of gay men surveyed in New York, Chicago, San Francisco and Los Angeles had been physically abused by a partner in the previous five years.