Utah needs more consistency in domestic violence investigations across the state, DA says

SALT LAKE CITY — Alivia says it wasn't until she reached her breaking point that she left her husband because of his continuous abuse.

"It's never as simple or as easy as just leaving," she said. "It was really hard. It was really hard to leave. Because, like, you love that person (but) they are hurting you in ways they shouldn't be. (It's) that thing when you love somebody ... but you know that they're not good for you, and have to get out. It hurts, it's really hard."

But once she worked up the courage to get help, Alivia says the response by police was amazing, and the support she received from her victim advocate was just as strong.

On Thursday, Alivia joined Salt Lake County District Attorney Sim Gill, members of the South Jordan Police Department and others as part of Domestic Violence Awareness Month to give a message of hope to others that help is available and leaving an abusive relationship is possible.

KSL.com is not using Alivia's last name to protect her identity.

Building stronger cases

Over the past five years, the DA's office has screened about 24,000 domestic violence-related cases and filed charges in more than 15,000 of those. But Gill says he's worried about the cases his office wasn't able to file. In many of those situations, a domestic violence survivor who initially cooperates with investigators will change their mind and refuse to testify in court, he said.

"Not every survivor wants to take that stand," Gill said.

He added that it isn't as easy as some might think for victims of domestic violence to leave a relationship.

"(Some will say) 'If this is really violent, why doesn't she just leave?' People remain in violent relationships for a whole host of reasons. It can be cultural, it can be economic, it can be their status that is being held over them, it can be religious," the district attorney said.

That's why, for the past year, Gill has been training police departments in Salt Lake County on what officers and other first responders can do to help make a stronger case for prosecutors when they present their evidence for potential charges to be filed.

"We can look at forensics. 'When you came in was somebody intoxicated? When you came in, what was the state of the furniture? When you came in, what was the initial rationalization or response that was given?'

"We have more consistency in the investigation of a DUI in the state of Utah than we have consistency in the investigations of intimate partner violence or sexual assaults," Gill said. There needs to be consistency in the way domestic violence cases in Utah are investigated just as there is for DUI investigations, he said, so one department isn't any better or worse than another department across the street.

"So the lethality assessment is the first step toward that, and the next step would be to create a uniform investigation checklist that every community can use so we have consistency of investigations and building that consistency. That's why I say justice should not be the accident of geography."

South Jordan Police Lt. Adrian Montelongo says his department has received the training, and his officers now better understand the decision-making process needed for a successful conviction in court.

"The purpose is for us to deter, prevent and reduce domestic violence where we can," he said of the training.

Last year, Gill said the number of domestic violence-related cases being screened by his office was down. But the number of cases in which charges were filed was up.

Easy not to notice

Alivia says if there's one thing she wishes the public better understood about domestic violence, it's how easy it is for others not to notice.

"It's super easy to not let anybody know," she said, adding that a in a group setting a survivor may look OK, "but behind closed doors (they're) a completely different person."

In her situation, Alivia says she got to the point that she "walked on eggshells" around her husband.

"He would say, 'These are the consequences for your actions.' But in the end, I was able to look at him and say the same thing."

When she finally reached her breaking point, she called 911 from a safe place —her workplace. She then spent the night at a co-worker's home. But when she went to work the next day, her husband was there waiting for her. Alivia called 911 again, and the police were there in three minutes.

The husband was convicted of aggravated assault and placed in the custody of Immigration and Customs Enforcement for deportation to his home country.

She encourages others who are going through an abusive relationship to not wait until they get to that breaking point.

"If you see that repetitive pattern and you see it getting worse and worse, try to find a safe spot. And when you realize it's not going to change, it's going to just keep getting worse and worse, that's when you need to try and find an out," she said. "People that love you don't put their hands on you."

She says the community can do its part by reaching out to people whom they suspect might be dealing with trauma they're not telling others about.

"When you're going through the process, it's so hard every day. It's hard to get out of bed. It's hard to eat. It's hard to show up for yourself. So just check on them every day."

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