Domestic violence

[WHEElS]

I would like any information or ideas: In 1993 I was charged with a petty offence of disorderly conduct which is defined under colorado state law as "loud and abusive language in a public place", However, because the argument was with my spouse, the charge was enhanced with domestic violence. At the time I was not in a financial position to fight the charge so I paid the fine completed the classes and went on with life. Now ten years later I begin to pusue my dream of becoming a police officer only to dicover that I have lost my gun rights thank to a federal law commonly refered to as the Lautenburg act in 1997 making it illegal for any one charged with the misdemeanor crime of domestic violence to possess a firearm. Have I lost my right to pusue my dream of becoming a police officer for yelling at my wife in a restaraunt??? Is this a violation of my constitutional right under the second ammendment???Is this law Ex-Post Facto??? Even some felonys after ten years are eligble to have their cival rights restored, where is the justice in that? Anybody with any advise or opinion?? I apreciate any time or comments given.

[Tob2]

WHEElS-

It sounds like you pled to a domestic violence charge. This is very serious, at LEAST in the legal/LE realm. To preface: I'm not in LE currently. I am a licensed psychotherapist and a forensic mental health guy (e.g. I work w/ cops every day). So, take this with a grain of salt.

I can't remember how long ago it was. If it was a long time ago, that helps. In your post you sound like your MINIMIZING your behavior. That's bad. It sounds bad when you say it (if you do say it) to the oral board examiners, and I wonder if it sounds bad to your wife/girlfiend because you're not TAKING RESPONSIBILITY for what you did...whatever you did. Sure, the law could be weak, sure, you didn't have the money at the time...but WHAT DID YOU DO WRONG? What have you learned from the experience and in what ways have you demonstrated that this episode is in your past?

Domestic violence is a very hot right now. From a risk management perspective I would imagine it is highly undesirable for departments to hire people convicted of DV. Those in LE are under a great deal of stress as it is. To hire someone with a proclivity toward violence from the beginning is unwise. That's not necessarily my view, I bet it may be the view of the Human Resources people, though.

Notice none of this involves how good of an officer you would make. Enter the politics of LE hiring. We're all - in our own ways - agreeing to enter the politics of the field by expressing an interest in it.

I hope this is helpful.

Best of luck
Tob2

[WHEELS]

Tob2,
I apreciate your input in this matter, I just wanted to clarify a coulple of the facts in case there was any other advice you could give, first of all domestic violence is not a charge, it is by legal terms an enhancer which means you must have a charge such as assault, disorderly conduct, kidnapping etc...And as soon as one of those charges is commited with a spouse, family member, etc..then the charge is enhanced and "bingo" NO more gun rights. My charge is disorderly condut which is a petty offence in the state of Colorado, or at least my charge is a petty offence. Second, my charge was put on the books in1993, the law came into effect 1997 Hmmmmm, sounds Ex Post Facto I dont know I am not an attorney.All that aside, this case happened ten years ago, I didnt rape or murder, I yelled at my x-wife at a restaurant, I cant believe I could lose everything for that . I have paid the fines and completed the classes ten years ago, I should not have to continue paying for the rest of my life. What do you think?

[Tob2]

WHEElS-

"domestic violence is not a charge, it is by legal terms an enhancer"

It is where I live. It sounds like you're thinking logically, which may be the problem: this isn't a legal question, it's a RISK MANAGMENT question. If they hire you and then you do something whackey, your department then has to answer the media's questions about why they hired someone convicted on DV in the first place. The PR guy from your dept. isn't gonna stand there and say, "actually, he was charged with..." I think - and again please take this with a liberal dose of salt - that's the perspective human resources types are looking at.

If you can't legally own a firearm I see know way for you to become a cop. Is there a time limit on it, like after so and so years you can then have one. If you can't legally have a gun then the department would be braking the law by issuing you one. I think you should ask a GOOD (i.e. expensive, aggressive) attorney what, if anything, you can do to clean this up a bit.

"this case happened ten years ago, I didnt rape or murder, I yelled at my x-wife at a restaurant,"

This is that minimizing thing again. I assume you wouldn't say this to the people interviewing you. Your conviction on this charge doesn't mean your a bad, evil, violent person. You can't allow this process to affect how you see yourself. You KNOW you're not an axe murder, so keep that knowledge in your pocket and dont' let this process take that away.

Yeah, all you did was yell...but keep in mind most dept's have bunches of people applying for a few spots. They have to have some way of weeding people out. It's not an exact science, so they take what may seem like random things to x a few people out.

I hope you are asking people in the departments that your interested in about this same question. Don't just rely on my comments..please!

One thing I do for $ is coach people preparing to take a statewide psychotherapist oral exam. This fail rate is very high (like 70-80%). I can't tell you how many people say to me, "but Tob I'm really a good therapist...how could a fail this exam?" My response is always the same: what does passing this exam have to do with being a therapist?

Keep at it bro,
Tob2



I have paid the fines and completed the classes ten years ago, I should not have to continue paying for the rest of my life. What do you think?

[WHEELS]

Tob2
I apreciate your words and advice in this matter and I have decided to petition the court to withdraw my plea citing Ex post facto or I will petition for a certifiate of rehabilitation, I beleive that the only way I have a shot at this is to have my NCIC free of this charge. Thanks again for your time in this matter. Keep up the therapy!
Whls