Subsection (b) of §2711 talks of the seizure of weapons, in which the police officer must remove all weapons that were used by the defendant in the commission of the alleged offense. In layman’s terms section 2711 requires that an arrest be made by law enforcement and all weapons taken into custody when a domestic violence call is answered.
Before the two court cases that established subsection (b) law enforcement agents were unable to remove the weapons used in the altercation between the defendant and victim. Due to Cronin v. West Whiteland (1998) and
Com v. Wright (1999) police are now allowed to protect the victim from further harm or injury. In 98 with Cronin v. Whiteland it was established that “the
statute did not violate the arrestee’s Fourth Amendment rights so as to give rise to civil rights action; purpose of statute was to protect victim if violence.” (Purdon’s, 166). In 1999 with the case Com v. Wright it was stated that the “statute requiring the police to seize weapons in certain cases involving domestic violence serves to afford protection to victims of domestic violence by lessening the opportunity for future harm.” (Purdon’s, 166).
Subsection (c) tells of bail while subsection (d) is the notice of rights to the victim. It states that upon responding to a domestic violence case, the police officer shall, orally or in writing, notify the victim of the availability of a shelter, including its telephone number, or other services in the community. Said notice shall include the following statement: “If you are the victim of domestic violence, you have the right to go to court and file a petition requesting an order for protection from domestic abuse pursuant to which include the following: (1) an order restraining the abuser from further acts of abuse. (2) an order directing the abuser to leave your household. (3) an order preventing the abuser from entering your residence, school, business or place of employment. (4) an order awarding you or the other parent temporary custody of or temporary visitation with your child or children. (5) an order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.
Pennsylvania law seems to be slowly accepting the rest of the states’ statutes regarding domestic violence. In 1990 only thirteen states enacted mandatory arrest policies for domestic violence offenders. Pennsylvania was not
one of them but New Jersey, Maine and Delaware were for the northeast region. These states wanted to help protect not only the victim but also the officers answering these calls. By making arrests in theory the officers would not have as many domestic disturbance calls. “The FBI published statistics that reported the category ‘responding to disturbance calls’ as responsible for most officer deaths. Family violence researchers…also noted the danger in responding to family violence disturbance calls.” (Buzawa and Buzawa, 30). With this in mind, one would hope to see more advancement not only for the victims but also for the officers concerning domestic violence statutes.
With subsection (d) in place helping victims and telling them of their rights hopefully there is less potential for the same victims to keep being victimized. The problem with domestic violence before was the potential for reoccurrence. Such an issue is still present today because for some strange psychological reason these battered persons do not want to press charges against their abuser. But with subsections (a) and (b) in effect the police officer can arrest without the victim’s consent or willingness to press charges. Whereas in the past it was the officers’ discretion and/or the willingness of the victim to press charges. It is unimaginable why someone would want to stay with the person
that abuses him or her. No matter how much they claim to love you someone that truly does would not raise a hand to you. Some of these battered persons go on and eventually kill their abusers out of emotional and psychological fear of their lives. The law in Pennsylvania clearly tries to help these victims out by
taking away their abusers and allowing them to file for any type of order that is mentioned in subsection (d). It seems that these victims either do not take full advantage of the system or have fear of the system failing and the worse happening to them. Either way it is a roll of the dice if they stay with the abuser or get helped out by the system.
Also now though, it has been deemed legal to take away the defendant’s weapons used to inflict injury upon the victim to further prevent harm to the victim. Even better yet is the inability for these abusers to not able to possess firearms. According to section 6105 persons not to possess, use, manufacture, control, sell or transfer firearms, persons convicted of §2711 are in violation of §6105 if found with firearms. This also includes law enforcement officers who are found in violation of §2711. No one no matter who you are is allowed to own or operate a firearm with a conviction. With this statute in place victims can try and sleep a little easier knowing that their abuser is not allowed to possess. With more minor additions to the law such as this one and the ones made in the past the future of domestic violence calls and convictions are looking brighter.
With law heading in the direction that it is soon domestic violence will lessen in frequency and the victims will want to do something about the abuse they are receiving for no reason. The system is learning how to deal with situations like these and the only real way to learn is by example and that is where case law finds its importance in the criminal justice system.
Works Cited:
Presented to Zimmerman, LeRoy S. (1989). Attorney General’s Family Violence Task Force: Domestic Violence: A Model Protocol for Police Response. Common Wealth of Pennsylvania.
Buzawa, Eve S. and Buzawa Carl G. (1990). Domestic Violence: The Criminal Justice Response. Sage Publications: New Bury Park, California.
Complied by Purdon. (2000). Purdon’s Pennsylvania Consolidated Statutes annotated Title 18 Crimes and Offenses §§2701 to 3900. West Group: Pennsylvania.
Compiled by Purdon. (2004). 2004 Cumulative Annual Pocket Part for use in 2004-2005. Thompson West: Pennsylvania.
