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• FALCON HEIGHTS CITY COUNCIL MINUTES -5- November 10, 2004 City Prosecuting Attorney -Minnesota's Domestic Violence Statutes (continued) Council member Talbot said these sound like dangerous situations for police to get into. Attorney Costello said they are dangerous and we should be proud of the response that our police give to them. The police are called. Rarely do these things happen in a parking lot. Normally the police are called to the home. They are doing their duty. They are duty bound and would be severely criticized for not responding. Once they arrive they are not always welcome because the perpetrator and the supporters, even the victims, don't want the police there. At that point the perpetrator is surrounded by the family and protected, and the police are looked at as invaders. It is very dangerous. They have to separate the victim and the abuser and have to be very careful for weapons. Over the years police officers have been attacked, shot and even killed. Council member Talbot asked what restitution means in a domestic assault. Attorney Costello said that restitution is normally paying back the victim for monetary losses. Sometimes domestic assault involves property damage. The person damages the victim's property. There are cases where the victim's money has been stolen. Injuries, uncompensated for medical bills are the • responsibility of the perpetrator, both monetary and physical. Council member Talbot asked who pays when you talk about imprisonment? Sometimes there are people on work release but they pay a rent to the jail. Attorney Costello said that not all domestic violence cases qualify for work release programs. Normally, these have non-violent offenders. The courts are cautious about that. If an offender is granted that, they have to pay a per diem and should pay for their incarceration. The courts are better at ordering than collecting. Financial problems are also involved in the domestic violence cases as well. Judges are constantly balancing these competing factors in trying to follow the law and they take the domestic violence cases very seriously. Council member Talbot said that while Attorney Costello's job is to prosecute, what is the outcome for people who go through counseling? Does the situation ever improve and the incidence of domestic violence decrease? Attorney Costello said the situation does improve and he has seen successful probations where defendants have gone through counseling and have not re-offended, to the best of his knowledge. The situation can improve. Has the problem of domestic abuse been solved in a community? He is somewhat skeptical of that. Attorney Costello said domestic abuse is always going to be there in a particular family. There is always going to be that potential. They are in a constant state of recovery, always struggling. Mayor Gehrz asked about the process for issuing the no contact order. How does that work? Attorney Joseph said they are not automatic in the way they are issued. The prosecutor has to request them, using a specific form provided by the court. It is presented to the judge who has • the discretion to sign or not sign the order. There are some judges that go off on their own and don't sign them. S