New law redefines domestic violence

Monday, April 1, 2002

BY CRAIG MCCOOL

KALAMAZOO GAZETTE

Until today, a man's abuse of his girlfriend was not considered to be as serious a crime as a man's abuse of his wife.

New domestic violence laws take effect today, which, among other changes, expand the definition of domestic violence to include dating relationships.

"It is an understanding that serious violence happens in dating relationships," said Kathy Hagenian, director of the Michigan Coalition Against Domestic Violence. "There were some who believed that there wasn't as much danger of violence (in dating relationships) or that it wasn't that severe."

That belief simply isn't true, Hagenian said. She and other officials have been calling for the change for almost a decade, but the process was accelerated by a story shared by a local couple who lost their daughter to domestic violence.

Margaret Wardle, a Kalamazoo College student from Plainwell, was shot and killed in October 1999 by a man she had dated briefly.

Over a year ago, Wardle's parents spoke at a forum for the Domestic Violence Homicide Task Force, led by Michigan Lt. Gov. Dick Posthumus.

"The parents of that young lady spoke very openly and very poignantly about how domestic violence should be extended to dating relationships," said Kalamazoo County Assistant Prosecutor Greg Russell, who supervised a team of prosecutors focused on domestic violence in 2001. "And Posthumus got the ball rolling."

"The Wardles have been very active in the legislation," Russell said.

Also, under the new law, assault and battery crimes (domestic violence is a label attached to qualifying assault and battery charges) were increased from 90- to 93-day misdemeanors. The point is not merely the additional three days.

For any misdemeanor crime that can carry a sentence of more than 92 days, police have the authority to make an arrest without a warrant.

No more appearance tickets. Police will now make arrests on all domestic violence calls.

More arrests will lead to more prosecutions and, hopefully, more women getting the help sometimes needed to escape an abusive relationship.

"This will significantly change what police officers have to do at the scene," said YWCA Domestic and Sexual Assault Programs Director Barbara Mills. "And probably it will increase the number of people referred to our program."

According to a state report, at least 100 people died in domestic violence attacks in 2000. The prosecutor's office charged nearly 1,400 domestic violence cases that year, said Russell.

While the new laws are sure to increase the number of domestic violence charges, Hagenian said, in many ways, the law is designed as a preventative measure.

It's common sense, she said, that a man who is abusive to his girlfriend is likely to abuse his spouse in the future. The most important thing is that victims take the first step and alert the proper authorities and seek help.

The number for the YWCA Domestic Assault Hotline is 383-3587.

"We'll have to make sure that people are aware that even if they're just dating, they're eligible for our treatment," Mills said.

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