ABSTRACT
For many victims of a domestic violence attack (or battery), a natural response is to seek the immediate assistance of law enforcement. In the context of domestic violence, however, some victims hesitate, believing that this was just an isolated incident that will never happen again. Besides, who really wants to call the police on their spouse or partner? But, all too often, the violence does return and, eventually, law enforcement is requested to intervene. Unlike any other crime, there are two avenues available to protect a victim of domestic abuse from further violence. Protection in the form of a civil injunction order may be sought (as discussed in Chapter 13), or the perpetrator can be punished through the criminal justice system. Whenever the criminal justice system becomes involved, many issues and concerns arise regarding the appropriateness of prosecuting an act of domestic violence. When prosecuting a domestic violence case through the criminal courts, prosecutors place a great deal of importance on a variable known as convictability, which is a combination of evidence that includes the credibility of witnesses and victims and the culpability of the perpetrator. This chapter will focus on this idea of convictability while addressing many issues and concerns raised during the criminal prosecution of a domestic violence case.
