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• FALCON HEIGHTS CITY COUNCIL MINUTES -4- November 10, 2004 City Prosecuting Attorney -Minnesota's Domestic Violence Statutes (continued) Firearms Disqualification: State Law ^ Persons convicted of domestic assault, violation of an order for protection, or harassment/stalking, may be prohibited from possession of a pistol for three years from the date of conviction ^ A person convicted of an offense involving the use of a firearm may, at the discretion of the court, be ordered not to possess a firearm for three years up to life Firearms Disqualification: Federal Law ^ Federal law prohibits any person subject to an order for protection from possessing a firearm ^ It also prohibits anyone who has been convicted of a misdemeanor crime of domestic assault from possessing a firearm Firearms Forfeiture ^ If the offender owns or possesses a firearm, and used the firearm in any way in commission of domestic assault, violation of an order for protection, or • harassment/stalking, the firearm is subject to forfeiture to the state Challenges to Prosecution 1. Reporting -Many incidents of domestic violence are not reported by the victims, who often fear retaliation, ostracism, and humiliation by the abuser, family, friends and the community 2. Victim Cooperation -Those victims who do report the crime to police may recant or alter their version of events, often in an effort to reconcile with the abuser Goals -City Prosecuting Attorney 1. Work closely with the Saint Anthony Police Department to ensure that reported instances of domestic violence are prosecuted 2. Work closely with the victim advocates for Falcon Heights at the Tubman Family Alliance 3. Obtain appropriate and just results to ensure the safety of victims and the community Council member Talbot asked what percentage of domestic abuse cases involve drug or alcohol abuse. Attorney Costello said that his office prosecutes for five cities in three counties. Drug or alcohol abuse is highly prevalent; well over half the cases; although, in his opinion, it seems that in nearly all of the cases there is alcohol or chemical abuse. Council member Talbot asked if one flows out of the other. Would Attorney Costello be willing to guess that if you could take care of the alcohol or chemical abuse, the domestic abuse wouldn't happen? Attorney Costello said they occur together but he is not sure if there is a causal relationship. He said he couldn't say that if • you don't have the drug or alcohol abuse, that the domestic abuse wouldn't occur. There are other problems within the family or relationship, and it seems that drugs or alcohol tends to lower the inhibitions, reduce judgment and are sometimes used as excuses for bad behavior. 4