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Kansas DA Refusing To Prosecute Domestic Abuse

mac said:
She should file a PFA if she has reason to fear his release. Having a PFA in place will force the police to arrest him if he attempts to harm or harrass her in any way.
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This is what you are missing, Mac. She can get a restraining order. If he vilates it, the cops wil/may arrest him.

BUT the DA WILL NOT prosecute for the violation.
 
TOPEKA, Kansas - A district attorney in Kansas says his office will review all misdemeanor domestic violence cases and determine on a case-by-case basis which ones merit pressing charges.

The cases will be forwarded by the Topeka Police.

Shawnee County’s Chad Taylor said he has sole jurisdiction after the Topeka City Council voted to repeal a local domestic violence ordinance.

The Rose Brooks Center, a domestic violence agency in Kansas City, says Topeka’s decision will scare victims away from reporting crimes.
“We share the same shock and concern as the rest of the Topeka community, that they would even consider an option that they would jeopardize the lives of domestic violence and their children," said Lisa Fleming of the Rose Brooks Center.

Taylor said he stopped pursuing prosecuting misdemeanors because of budget cuts.
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Shawnee Co. district attorney will prosecute domestic battery cases - NBCActionNews.com - Kansas City
 
Domestic violence crimes will once again be prosecuted in Topeka, Kan., after the district attorney reversed his earlier stance and said today he would once again begin prosecutions.
District attorney Chad Taylor released a statement Wednesday afternoon saying that despite budget cuts to his department, his office would make do with less in order to continue prosecuting the crimes.
Shawnee County and the county seat, Topeka, had become mired in national controversy for a budget fight over which arm of government should pay for prosecuting the crimes.
Topeka, which has a municipal court that has traditionally handled all misdemeanors except for domestic violence, said it would not be able to absorb the costs of providing the support staff required for victims, criminals and families of domestic violence.
The city council voted Tuesday to de-criminalize domestic violence in order to put the burden on the county to fund the prosecutions.
"The city isn't suggesting that we don't prosecute misdemeanor crimes when there is spousal or child abuse, but we need to have an understanding with the DA and the county that it's their operation," said Topeka Mayor Bill Bunten.
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Kansas DA Says He Will Prosecute Domestic Violence After All - ABC News
 
It's Kansas. Did you expect it to be the bastion of women's rights?

At least other States maintain the pretense of caring about domestic abuse, even if they actually don't.
 
Pinkie, I read about this in the Sacramento Bee! The story went national, and apparently whipped up a ****storm of pressure that made the D.A. back down. I guess when the people are properly outraged, they really do wield power. :)
 
DiAnna said:
Pinkie, I read about this in the Sacramento Bee! The story went national, and apparently whipped up a ****storm of pressure that made the D.A. back down. I guess when the people are properly outraged, they really do wield power. :)
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I know my girlfriend organized a lot on this......I am so pleased to see they have decided to drop this asinine policy.
 
Temporal said:
It's Kansas. Did you expect it to be the bastion of women's rights?

At least other States maintain the pretense of caring about domestic abuse, even if they actually don't.
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I have never lived in Kansas, but yes, I expect laws for the protection of people to be enforced all over the US.
 
Pinkie said:
This is what you are missing, Mac. She can get a restraining order. If he vilates it, the cops wil/may arrest him.

BUT the DA WILL NOT prosecute for the violation.
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You are crossing streams. Prosecuting someone for domestic violence is different than prosecuting someone for violating a court order. Further, I didn't see anything in your article that says the DA won't prosecute either.

I can tell you this, the DA won't prosecute a violation of a PFA that doesn't exist. :shrug:

It seems you are missing something.
 
mac said:
You are crossing streams. Prosecuting someone for domestic violence is different than prosecuting someone for violating a court order. Further, I didn't see anything in your article that says the DA won't prosecute either.

I can tell you this, the DA won't prosecute a violation of a PFA that doesn't exist. :shrug:

It seems you are missing something.
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I'm not a huge fan of restraining orders for people who will not use shelters to preserve their safety, at least initially. I'll be most pleased to discuss this with you at greater length in another thread, if you wish.
 
Pinkie said:
I'm not a huge fan of restraining orders for people who will not use shelters to preserve their safety, at least initially. I'll be most pleased to discuss this with you at greater length in another thread, if you wish.
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The law exists to protect the people. If a person is in danger, they should avail themselves of protection of the law immediately.
 
mac said:
D-o-n-t-b-e-o-b-n-o-x-i-o-u-s

You want to discuss it in a different thread, start one.
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You are the one who wants to discuss this. I wanted to discuss the Op, and feel that we have done.
 
Pinkie said:
You are the one who wants to discuss this. I wanted to discuss the Op, and feel that we have done.
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Threads evolve. Someone brought up their friend with the abusive boyfriend getting out of jail and this is part of that tangent. Who was that?

If you want to discuss PFAs separately, go for it. And invite Shewolf.
 
mac said:
Threads evolve. Someone brought up their friend with the abusive boyfriend getting out of jail and this is part of that tangent. Who was that?

If you want to discuss PFAs separately, go for it. And invite Shewolf.
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Bossy little ****er, ain't ya?

Start whichever threads you wish, Mac. I won't be on much today, so I pass.
 
Pinkie said:
Bossy little ****er, ain't ya?

Start whichever threads you wish, Mac. I won't be on much today, so I pass.
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You directed me to start a thread and I'm bossy?
 
Pinkie said:
It's not about one case...it's a county-wide policy.

And, IMO, it's an outrage.
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I think this is politics pure and simple. This DA is taking one of the most emotional issues he can and is counting on people like you to have the reaction you are having. I don't think he intended for a moment to actually go through with it because he knew the controversy would get broad attention. The DA should be fired for pulling such a stunt. He is playing all of you. Think about how may other less controversial crimes he could have chosen not to prosecute. I think it is pure B.S.
 
Pinkie said:
No, of course not. But once he is released, if he attacks her AGAIN, I want him prosecuted for the new crime.

Seems to me I have been clear, but if you have more questions, please ask. This does not just affect my friend; it affects every resident of Shawnee County.
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I don't have time right now to read the whole thread to find out if you ever backed up your assertion that the DA has said he won't prosecute domestic violence, so I'll just ask, where did the DA say what you're claiming?
 
X Factor said:
I don't have time right now to read the whole thread to find out if you ever backed up your assertion that the DA has said he won't prosecute domestic violence, so I'll just ask, where did the DA say what you're claiming?
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He didn't. What he said was there was a jurisdictional dispute.
 
X Factor said:
I don't have time right now to read the whole thread to find out if you ever backed up your assertion that the DA has said he won't prosecute domestic violence, so I'll just ask, where did the DA say what you're claiming?
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Apparently Shawnee County had a big trial that blew the DA's budget, and the county and city decided to engage in a Mexican stand off over which one would handle prosecutions. For a time, the DA said he would not....but the city's municipal judges never had, and they didn't have the resources (victims' services, etc.) to do so, so they repealed the city law. That left only the state law, which is the DA's duty, and which he now has apparently agreed to prosecute.

Whether any prosecutions were waylaid whilst this BS went on, I'm not sure.
 
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