NEWS

Haslam backs 12-hour wait in domestic violence cases

Chas Sisk and Walter F. Roche, Jr.
csisk@tennessean.com;

Gov. Bill Haslam says he supports making the 12-hour “cooling off” period in domestic violence cases mandatory after a prominent Nashville contractor was arrested twice for assaulting his girlfriend in a single day.

“I think that makes sense,” the Tennessee Republican said. “I’m far from an expert on that, but from what I understand, it just feels like that is a common sense law.”

Middle Tennessee lawmakers have said they plan to introduce a bill next year that would require people arrested for domestic violence to remain in jail at least 12 hours. The holding time is meant to give victims of domestic violence time to make new arrangements before aggressors are back on the streets.

Tennessee law calls for a 12-hour cooling off period, but it gives judges discretion to waive the requirement when they don’t think it’s needed.

Earlier this month, General Sessions Judge Casey Moreland ordered contractor David Chase to be released only a few hours after he was arrested on a charge that he assaulted his girlfriend in a Nashville apartment. Police were called back to the apartment the next morning when Chase confronted her as she gathered belongings.

Critics say Moreland’s decision could discourage future domestic violence victims from reporting their abusers.

Haslam told reporters Monday that he would sign a bill making the cooling-off period mandatory but then qualified the remark by saying he would need to see the measure first. State lawmakers are not scheduled to reconvene until January.

General Sessions court judges agreed Friday to adopt new rules requiring one of three designated domestic violence judges to approve early releases. On Monday the court released the order signed by all 11 judges, including Moreland, that formalized that policy.

Wait may be too short

Some women’s advocacy groups, meanwhile, say that, even if a 12-hour hold is made mandatory, that may not be enough for victims to get to safety.

“The less time the person is held, the more dangerous it becomes for the victim,” said Barbara Sanders, a Nashville area psychotherapist who has handled domestic abuse cases.

“No,” Sanders said. “Twelve hours is not enough.”

Sanders said the fact is that domestic abusers often do re-offend, and called the case involving Moreland and Chase “just ridiculous.”

A victim has to move quickly once she goes to the police, said Carol Tracy of the Women’s Law Project in Philadelphia.

“There’s a lot for her to do in a short period of time,” she said.

She said that while Pennsylvania does not have a 12-hour hold provision, “There’s no way anyone arrested in Philadelphia for domestic abuse would be out of jail in less than 12 hours.”

Kathy Walsh, executive director of the Tennessee Coalition to End Domestic and Sexual Violence, said her organization was involved when the legislature approved the current law. She said the 12-hour limit arose out of concerns by legislators that there would be legal challenges to holding a person longer.

She said current law bars a person from being held more than 72 hours without getting a hearing before a judge.

“Those things were taken into consideration,” she said.

“We certainly want to protect victims,” Walsh said, “but we also have to consider the rights of the accused.”

Anita Wadhwani contributed to this report.

Reach Chas Sisk at 615-259-8283 and on Twitter @chassisk.