Q&A: Domestic Violence Prosecutor Erika Johnson
The following is a Q&A with Assistant District Attorney Erika Johnson, a prosecutor with the Durham DA’s Office Special Victims Unit. This post was published as part of Domestic Violence Awareness Month to provide survivors of abuse and the broader community with information about the court process for criminal domestic violence matters.
The Durham Crisis Response Center helpline is available 24/7 at 919–403–6562 (English) or 919–519–3735 (Español). The service is free and confidential. If you need assistance with a domestic violence protective order, call the Family Justice Center at 919–450–8970.
How do domestic violence cases get to the DA’s Office? What do prosecutors consider when determining what charges can and should move forward?
We get cases in a few different ways: (1) an officer responds to a scene and makes an arrest (2) the officer, after investigating a case, goes to the magistrates’ office to obtain a warrant for arrest (3) a civilian goes to the magistrates’ office and obtains a warrant and depending on the severity of the charge, the magistrate will call in an officer.
Prosecutors consider many factors in evaluating a case, including the nature of the charge, the defendant’s history of domestic violence, whether there is a current protective order in place, the victim’s willingness to proceed in the case (statistically, it takes a victim multiple times to attempt to leave before leaving the relationship), the victim’s safety, and if children are present/involved or may have witnessed any type of violence.
Generally speaking, what should victims expect from the court process?
Depending on how charges are initiated determines if a defendant is arrested and given a bond. If the warrant has been served and the defendant is arrested, a judge must set the bond. This is why all defendants of domestic violence initially will have no bond set because under state law only a judge, not a magistrate, can set bond in domestic violence cases within 48 hours of the person being arrested. This is what’s known as the “48-hour hold.” A defendant charged with domestic violence can be held with no bond for 48 hours or until a judge is available — whichever comes first. This means if someone is arrested over a long weekend and a judge won’t be in for more than 48 hours, a magistrate can set that bond even though the charges allege domestic violence has occurred. This is only when there is no judge working for more than 48 hours. On regular days, a domestic violence bond could be set quickly, two hours or less.
As to the actual court process, the overall timeline has gotten longer due to COVID. Under normal operations, misdemeanors will take about 120 days from the date of first appearance (this is the first time a defendant appears before the judge on the specific charges). The more severe a case is, usually gives a gauge for how long it will take. Some, arguably most, felonies do take a year if not more to reach a final judgment.
What are the potential outcomes?
Often times our focus is on getting victims as well as defendants help and/or treatment. Our go-to place for victim support is the Durham Crisis Response Center (DCRC) and the Family Justice Center (FJC), which is operated by DCRC. They offer assistance with domestic violence protective orders, safety planning, emotional support and referrals. We try our best to get victims in contact with them for the support our office doesn’t provide; it’s proven successful with victim cooperation as well.
For defendants, our end goal isn’t a conviction although often that is the result. When it’s safe to do so and depending on the severity of the case, we seek probation over an active sentence because we believe in helping people acknowledge their role in the domestic violence circle and hopefully transforming out of the role as an abuser.
In some cases, we are unable to move forward, either due to lack of cooperation or contact with the victim or if after speaking with the victim, it is determined that it is safer for them if the State does not pursue charges at that moment. This is on a case-by-case basis and we are always here ready whenever the victim is ready to come forward. We have been trained to understand the cycle of domestic violence and know that everyone is at a different place when charges are filed. We will meet the victim where he/she/they are, not where we expect or want him/her/them to be.
How does the DA’s Office work with domestic violence service providers?
We work hand-in-hand with the Durham Crisis Response Center as they provide courtroom support as well. They are experts on translating all of our legal terms into more common language and ensuring victims fully understand how we are handling the case. Frequently, we include them in meetings with victims to make sure there is a holistic approach to their well-being and their case. We also attend all meetings hosted by the Family Justice Center, which includes but isn’t limited to domestic violence and sexual assault.
How do you navigate prosecuting these cases while being sensitive to the many layers of abuse and trauma that may have occurred?
We joke that we are always in training, but it’s definitely true. We do a lot of interoffice and external training. Our training allows us to connect with local law enforcement, courthouse personnel, and resources for victims which helps us be able to manage our cases more effectively. As an example, we receive training on trauma. During the court process, victims may be asked to recount their abuse. Our training helps us to make sure this is done in a way that does not re-traumatize them. It also helps us to understand how trauma may affect a person’s memory or behaviors.
In some cases, the defendant may be ordered to participate in an abuser treatment program as part of the resolution to the case. How does this program work?
The abuser treatment program is an intensive treatment program, separate from anger management, which could also be part of a case outcome. It is usually once a week for almost half a year. Throughout the course of this program, abusers work to identify how they got to that point (be it family history, unresolved trauma, untreated anger etc.) and how to overcome prior ways of thinking. Similar to anger management, this program helps people identify the underlying emotion felt instead of anger. Anger is a secondary emotion, so this specific portion of the program focuses on how to highlight the true, initial feelings.
The abuser also writes an apology letter to the victim acknowledging the harm done. This is big — and one of my favorite parts about the program. These letters shed so much light. Depending on what agency the participant chooses for the abuser treatment program, the agency reaches out to the victim to see if he/she/they have noticed any changes (better or worse) since the participant has enrolled throughout the duration of the program. This is especially helpful and hopeful for those deciding to stay in the intimate relationship, have children together, or any other reason the victim would like updates on participation. A victim can also opt out of this communication, which is a more likely option for those who no longer want contact or have a protective order in place.
