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Spousal Abuser Prosecution Program - Program Guidelines
The California Department of Justice began operating the Spousal Abuser Prevention Program in 1994 as part of the comprehensive domestic violence program established by the Battered Women's Protection Act (Assembly Bill 801, 1994).
As detailed in the Program Guidelines handbook, the 1994 law provides financial and technical assistance to district attorneys and city attorneys for the vertical prosecution of domestic violence offenses, reduction of spousal abuse caseloads, and improved coordination of local services for victims.
The vertical prosecution of spousal abuse cases is based on the successful model used for the prosecution of career criminals. Under vertical prosecution, victims of domestic violence benefit from being able to work with the same prosecutor and investigator from initial filing through sentencing of the offender. Prosecutors also are able to develop expertise and increase the time spent preparing spousal abuse cases and the victim for trial.
As a condition of the grant, local prosecutors agree to:
- Vertical prosecution of domestic violence cases;
- Assignment of highly qualified prosecutors, investigators and domestic violence counselors. The law defines “highly qualified” staff as individuals with one year of experience in the investigation and prosecution of felonies; individuals with at least two years of experience in the investigation and prosecution of misdemeanors; or individuals who have attended a program providing domestic violence training as approved by the Office of Criminal Justice Planning or the Department of Justice.
- A significant reduction of caseloads for investigators and prosecutors assigned to spousal abuser cases; and
- Coordination with local rape victim counseling centers, spousal abuse services programs, and victim-witness assistance programs.
The comprehensive approach to prosecuting spousal abusers includes the use of trained counselors or victim witness advocates. The trained counselors/advocates work directly with a victim from initial court appearance through the case’s conclusion. Local vertical prosecution units that lack a domestic violence counselor or victim witness advocate on staff may refer victims to domestic violence centers, rape crisis centers or similar resources. The program is outlined in Penal Code section 273.8 et seq.
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