Spousal Abuser Prosecution 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 
[PDF 221 kb / 21 pg] 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. For more information on grant proposals, see Budgeting Information [PDF 7 mb / 16 pg].
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.
No one is immune from domestic violence. It touches every ethnic group, every culture and every strata of society - whether rich, middle class or poor. While focusing on the Attorney General's Spousal Abuser Prosecution Program, this website also provides facts on domestic violence, information on prevention and useful links to Internet resources.
The Spousal Abuser Prosecution Program in the California Department of Justice seeks to help both victims and prosecutors of domestic violence offenses. Through program grants supporting "vertical prosecution," district attorneys and city attorneys are able to develop teams that specialize in the investigation and prosecution of domestic violence offenses. Victims are able to work with the same prosecutor and investigator from the time charges are filed through the sentencing of the offender. Trained counselors/advocates also work with the victim to make the trial process less traumatic and overwhelming.
The Spousal Abuser Prosecution Program reflects a strong commitment of the Attorney General, who states: "We need to stop the tragedy of domestic violence which victimizes women and ripples through so many families and communities. A civilized society should offer no less than a safe home and family environment." In 1999, his first year in office, the Attorney General secured the support of the California Governor and Legislature to increase program grants for the first time since the Department of Justice began operating the program in 1994.
It is important to note that safety for victims of domestic violence is a first priority. There are real options to consider. Help is available. If you are in immediate danger: Call 911 or leave as soon as possible.
If you believe you may be battered again: Call 9-1-1. Go to a neighbor's house or other safe place. Call a friend or relative to pick you up. Find a family violence shelter by calling your local police or sheriff's department.
Information and assistance is a call away: Call the 24-hour National Domestic Violence Hotline at 1-800-799-SAFE (1-800-799-7233) or the Victims of Crime Resource Center at 1-800-VICTIMS (1-800-842-8467). These centers can help you locate a family shelter in your area or offer you other assistance.