This year a law named the Debbie and Marie Domestic Violence Protection Act was passed to honor the memories of Debbie Sisco and Marie Vascos. They were brutally murdered by Debbie’s estranged husband, who was out on bail, without a condition of wearing a GPS monitoring system. The new GPS system that Tennessee has put into place comes with an additional element that makes it the first of its kind in the nation.
Understanding the “Debbie and Marie Domestic Violence Protection Act”
The Debbie and Marie Protection Act strives to give victims time to get to a safe place and also to help them if they need it. The law requires GPS monitoring for offenders of certain domestic assaults, elevated stalking charges, or violations of protection orders. This law also has the alleged abuser pay for the GPS monitoring system that will notify the victim’s cell phone if the offender is violating their orders.
Victims are notified by app, text, alert, and email when the alleged offender is within a certain proximity or breaching an exclusion zone. All the while a monitoring system is calling law enforcement.
This law says the court “may” order the GPS device for certain domestic assault defendants, while it says “shall” for felony domestic assault defendants. These subtle nuances in the law are why having an experienced attorney by your side will make all the difference in whether you leave with a new anklet.
Background and Legislative Intent
Domestic violence calls to law enforcements are highly emotional and charged instances that the responding officer has to contain, control and start gathering information from.
- About 40% of women in TN experience domestic violence
- About 35% of men in TN experience domestic violence
- About 25,000 children are exposed to domestic violence each year
- One third of those children who witness DV become abusers as adults
The protection act is to protect domestic violence survivors and children. These added protections can be beneficial to many survivors and provide vital information to the courts if they violate those orders. However, those who are released on bail are still facing charges and are not yet convicted.
Who Can Be Subject to GPS Monitoring?
Anyone facing domestic violence charges can face bail with the condition of the new GPS system. When a defendant is arrested for domestic assault or stalking, there’s a mandatory 12-hour hold before release, and this can increase if the judge believes that the defendant still poses a danger or threat to the domestic abuse victim. When setting a bail hearing and the conditions of the bail, the judge can have the new GPS monitoring system as part of those conditions if they are misdemeanor charges. However, if the charges are felony charges or the judge believes that the offender still poses a danger of violating the court orders, then they will be released on bail with the new system. The offenders, whether they are convicted or simply accused, will be required to wear the device until they no longer pose a threat to the public or their victim. In the name of domestic survivor safety this bill was signed into law, but everyone has rights.
Potential Benefits and Concerns of GPS Monitoring
Giving domestic violence survivors the additional time and resources to escape a potential threat from their abusers can save lives. The warning that can be given to a victim could buy them time to flee, hide, or protect themselves. While this is happening, authorities are being contacted by the monitoring system automatically so that the victim can focus on their safety while help is being dispatched. However, a considerable debate that is being sparked by this new law is the violation of privacy and rights with the monitoring. This could lead to innocent people being monitored, secluded from their families, and stigmatized for being forced to wear invasive tracking devices and even foot the bill.
What This Means for Domestic Violence Cases in Tennessee
The new protection act means that survivors will be given additional warning should their alleged abuser violate the terms of their bail. The alleged offender will have to follow the terms, wear the monitor system, and pay for it as well. This also provides evidence to the court when the case is brought to trial. A big piece of the monitoring system for those who don’t violate the orders will come during the trial. This ankle monitoring system will now provide evidence to the court of where the offender did and didn’t go. If they do violate the orders, there is proof, if they didn’t, there is proof. This will continue to build your case into a strong defense, and experienced attorneys can help alleged offenders restore their lives.
Protecting Against Abuse | Law Offices of Amanda J. Gentry
Restoration starts with a conversation. Contact the Law Offices of Amanda J Gentry to get started on your defense with a Nashville domestic violence lawyer. Facing domestic violence charges can be devastating to your life, but hiring a tenacious attorney that you can have confidence in will make the difference in the outcome of your case. Facing the bail hearing and going into trial for these charges, you need a lawyer who can stay up to speed in these new laws and protect your rights along the way.
Contact us online to start a conversation. You have a constitutional right to privacy. Protect yourself.
