Domestic violence spiking upward

by Judge R. Brent Elliott
The significant increase in domestic violence complaints in our circuit comes as somewhat of a surprise. A large percentage of issues involving adult sexual assaults, domestic violence, stalking, or harassment are heard by our associate circuit courts. The only cases that reach the circuit court level are felonies.
Only adult sexual assaults that cause or attempt to cause serious physical injury, or are committed with the use of a weapon or dangerous instrument, are likely to end up at the circuit court level. Domestic violence perpetrators who do not meet that criteria must have at least two prior convictions to face charges before a circuit judge.
Pursuant to Missouri Supreme Court and Local Rules, all applications or petitions for adult abuse restraining orders are processed and heard in the associate court division. Depending on the level of violence involved and victim participation, these cases can involve either a civil remedy (restraining order) or criminal charges. Either way, domestic disputes often involve the most volatile and dangerous situations ever experienced by the parties involved or law enforcement personnel called upon to deal with them.
At a recent meeting of our circuit’s victim advocates and representatives of area domestic violence shelters, causes of spikes in violence were discussed. Obviously, drug and alcohol use are significant contributors. Since usage or consumption often increases over holidays, domestic violence incidents also increase.
Weather is also a factor. Hot, dry weather causes tempers to flare. It also results in significant loss to crops and animals. Farm families suffer hardships. Businesses dependent on support from those farm families suffer. Likewise, communities reliant on those businesses and schools codependent on communities are diminished. Financial hardships are a huge contributor to domestic violence. All of us are in this together.
Editor’s Note: This series of articles by Circuit Judge R. Brent Elliott is intended to provide readers with a better understanding of the judicial system. Over the course of the last few months, law enforcement, juvenile officers and Judge Elliott have been meeting with area school officials to alert them to an increase in juvenile violence issues. It is an area of great concern that is no longer restricted to the metropolitan areas. The next few articles will deal with domestic assaults and violence among rural residents.