According to the Louisiana Coalition Against Domestic Violence, 1 in 4 women and 1 in 7 men will experience domestic violence at some point in their life. Also known as intimate partner violence, it can affect anyone regardless of their sexual orientation, gender, ethnicity or socioeconomic status.

But, despite what television might portray, the process can be long, arduous and ultimately necessary.

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Calling the police

If you call 911 for an intimate partner dispute the police will conduct an investigation on the scene which includes talking to anyone present at the scene including the victim, the offender and any witnesses. The officer will then determine if there is probable cause to make an arrest.

“It’s important to understand that if the offender is on the same bill once the police arrived and there is probable cause, then the arrest can happen,” explained Britney Green, the Chief of Domestic Violence at the Caddo Parish District Attorney’s Office in Shreveport. She is the senior prosecutor that handles felony domestic violence cases while also developing and executing domestic violence initiatives, policies and training.

However, in many instances by the time the police arrive the offender has fled the scene. That means that the police are not able to make an arrest on the scene.

If that happens the case is sent to the Detective Bureau and a detective will begin their investigation.

When the investigation begins is dependent on the detective who has it and the number of cases they currently have open, the facts of the case and the ability to reach the victim and witnesses for statement.

Initial court proceedings and bonds

Once the offender is arrested the case would be handed to the District Attorney’s Office and the offender would be placed in jail until their court hearing. The judge will ask if the offender is able to afford an attorney and set a bond, or in some cases, a bond is not set.

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Eight years ago article 313 of the Code of Criminal Procedure, known best as “Gwen’s Law” was implemented and gives the judge the discretion of not setting a bond for domestic violence or intimate partner violence cases.

“It’s a provision that enables support to determine that no bond proceeds that on certain offenders because they’re too dangerous,” said Green. “Because intimate partner cases are very volatile and there is a high risk of someone being seriously injured or killed, depending on the facts of the case.

Special Victims Unit

The SVU handles every felony domestic violence case once the bond hearing is over and they take over from there. Within 48 hours of receiving it, the DA’s office will make contact with the victim and conduct an interview, collect additional evidence like photos from the police and get medical records if the victim went to the hospital.

“If the victim refuses to sign the medical release form, then we will have one of the detectives with one of the police agencies complete a search warrant because medical records are very important pieces of evidence,” Green explained.

Once all evidence is obtained and the SVU conducts a screening of the case in its entirety, they’ll make a decision on the formal charges.

Pre-trial court proceedings

If it’s a felony-grade case, it will be set for preliminary examination which is an opportunity for the judge to hear a state’s witness and make a determination as to whether there is enough evidence to move the case forward.

If probable cause is found, the case will be scheduled for argument and hearing so that they can file any motions and continue to push forward to a trial.

Both legal teams will then exchange all evidence gathered before and during the hearings with each other and file motions before setting the trial date.

In felony cases, the offender has an opportunity to have the case heard by a jury.

In misdemeanor cases there is not a preliminary examination so they would just be sent for arraignment. Arraignment allows the defendant to plead guilty or not guilty and then the judge decides on either setting bail or releasing the defendant based on the case details.

Trial

The length of time it takes to get to the trial is dependent on many factors like availability of witnesses and victims, the defendant changing attorneys and more. Green says that most cases are resolved through the police, but there are times where the cases are being tried and the victims want to drop the charges.

“Some offices allow that, but I’m not inclined to do that,” Green explains. “Many times our victims in intimate partner violence cases are still under the control and insolence of the offenders and so if we were to just take the victim’s word for it and end the prosecution every time the victim asks, then we would not be helping the situation at all and there would not be offender accountability.”

Green goes on to explain that the victims asking to drop the charges or not participate in the trial could mean they were threatened by the offender or they are reliant on them in some way whether that be housing or childcare. It might also happen because, despite the physical, mental and emotional harm that the abuser has caused, the victim still has feelings for them and is trying to protect their abuser.

“It’s our position as the District Attorney’s Office that we are responsible for protecting people even when they don’t want us to protect them,” said Green.

If a victim refuses to participate in the prosecution it makes the case particularly difficult to continue, because there are a lot of steps in order to secure a conviction. The DA’s office is adamant because it is an escalating pattern of violence and they’ve seen domestic violence cases turn to homicides.

Community Impact

The violence that is found within the home with one family causes other problems out in the community.

“It’s a critical threat to the safety of every community across the country because it is truly an epidemic,” Green said. “Domestic violence is an epidemic and it is a public health crisis. And when I say it’s a public health crisis, I’m referring to not just physical but also mental, because it creates problems for victims.”

Domestic violence attacks are linked to physical issues like brain injuries, strokes and heart attacks. It also affects mental health with causing anxiety, and depression and they can suffer from PTSD.

Green advises that those who are apprehensive to come forward should reach out to an agency like Project Celebration to devise a safety plan and receive available resources once they do make a report to the police.

“It’s something that each individual victim has to make a determination about when it’s time, because the abuser is very skilled at threatening the victim and the victim’s family, friends and everyone who would provide relief, comfort and resources,” said Green. “It is extremely difficult and easier said than done, but it’s something that we have to do and we have to give this problem the attention that they deserve, because if we don’t have safe homes, we can’t have safe communities.”

For more information on resources in your area, visit the Louisiana Coalition Against Domestic Violence website.

Meredith G. White is the arts and culture reporter for the Shreveport Times. You can find her on Facebook as Meredith G. White, on Instagram and Twitter as @meredithgwhite, and email her at mgwhite@gannett.com.

This article originally appeared on Shreveport Times: Every step you take when filing a domestic violence charge