Minor Dispute Garners Major Attention

The police arrested both Simon and Brickell on charges of disorderly conduct. New Canaan Chief of Police Leon Krolikowski reported that there were some minor injuries (he didn’t get any more specific than that with reporters), but that the couple cooperated with police. Although he arrested them, Krolikowski told reporters, “Frankly, they’re both victims.” He added, “They’re well known to the community, they’ve very nice people. It’s unfortunate that this occurred, but we were obligated to make an arrest.” Police did not take mug shots, and both Simon and Brickell were released later that night on a promise to appear in court.

Little is known about the events that transpired before police arrived at Simon’s and Brickell’s home. The couple’s lawyer, Allen Cramer, told news outlets that there was a minor “push” involved, but did not specify who did the pushing. NBC News reports that Brickell’s mother was the one who called the police, while the Telegraph says that Simon made a 911 call, but hung up before speaking to an operator.

One thing’s clear: both Simon and Brickell agree that their minor dispute was blown out of proportion. They appeared in court the day after their arrest holding hands, and both said they felt completely safe around the other. Brickell explained, “I got my feelings hurt, and I picked a fight with my husband. The police called it disorderly. Thank God it’s orderly now.”

Simon added, “The both of us are fine together. We are going to go back home and watch our son play baseball. We had an argument. It was very atypical of us.”

Two days later, Brickell released a song called “Like to Get to Know You” to her SoundCloud page and personal website. Simon contributed backing vocals to the love song, which includes the lines, “I wouldn’t trade places with anyone, none of them, because I’d like to get to know you again.” The song sends the message that the long-married pair are putting up a united front in the wake of their arrest.

What the Simon/Brickell Arrest Tells Us about Domestic Violence Laws

Why? Because Connecticut has mandatory arrest laws for domestic violence cases. That means that if the police are called in to investigate a dispute, whether the call is made by a neighbor, family member, or person directly involved in the dispute, they have to make an arrest—even if the person who made the call has a change of heart and tells the police all was a simple misunderstanding. This law has also led to an increase in dual arrests, as in the Simon and Brickell case, because police are unable to determine an aggressor but still have to bring someone in.

Many states have similar mandatory arrest laws. In our state of Illinois, it’s left to the officer’s discretion whether they should make an arrest, but calls about domestic violence still lead to an arrest more often than not. In many cases, strict arrest laws make sense, and the intention is good. Before these laws were in place, there were situations where a police officer might investigate the residence, but let the perpetrator off with just a warning, leaving a domestic violence victim with an aggressor who might take out their anger about the police intervention in a physical way. Mandatory arrests are designed to protect victims by separating them from perpetrators and breaking the cycle of domestic abuse.

However, as the Simon and Brickell case shows, there are situations where making an arrest is not the most reasonable approach to the issue. In fact, in some cases it may even be detrimental for the alleged victim. Lawrence Sherman, the Director of the Institute of Criminology at the University of Cambridge and a former advocate for mandatory arrests, recently revised his stance and published a report detailing how the stress of having a partner arrested can have long-term negative effects on the alleged victim’s health.

The other issue is that the publicity of minor disputes like the one between Simon and Brickell might discourage people from reporting a truly abusive situation. A neighbor might hear shouting and breaking plates next door but say to themselves, “They’re such a nice, quiet couple normally, and I wouldn’t want to get either of them in trouble,” or someone who is being abused might decide not to call the police because they don’t want the embarrassment of having other people see their partner being led away in handcuffs.

We shouldn’t minimize domestic violence, and police do need to make arrests when serious violence has occurred and a partner or family member may be in danger. However, the one-size-fits-all approach of mandatory arrest laws oversimplifies the very complex issue of domestic battery and deserves a second look.

About the Author: Andrew M. Weisberg is a domestic violence attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg, is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.

The most recent report of the World Health Organization on the prevalence and health consequences of intimate partner violence (IPV) paints a grim picture of the global situation:

• 35 percent of women worldwide have been the victim of intimate partner violence and/or non-partner intimate violence.
• 30 percent of women who have been in a long-term relationship reported physical and/or sexual abuse by their partner.
• 38 percent of all murders of women are committed by their sexual partner.

In the United States, intimate partner violence affects more than 32 million Americans every year. 4 in 5 victims are women – with most victims belonging to the 18-24 and 25-34 age groups -, but only 1 in 4 report the abuse to the police. 24 people per minute are battered, beaten or sexually abused by their intimate partner, losing 8 million work days per year and costing the economy a staggering $8.3 billion per year in direct and indirect medical expenses. These costs include $6.2 billion for physical assault, $461 million for stalking,$460 million for rape, and $1.2 billion in lost lives.

As statistics by the Centers for Disease Control and Prevention indicate, a significant percent of men (13.8 percent) and women (24.3%) in the U.S. have fallen victims of severe physical violence in their lifetime. Aside from injury and death, the damage and impact of abuselinger long after the bruises are gone.

Health disorders associated with intimate partner violence include respiratory illnesses, cardiovascular disease, irritable bowel syndrome, migraines and chronic pain syndromes, whereas psychological effects of domestic assault can lead to depression, anxiety, paranoia, antisocial behavior, fear of intimacy and inability to trust future partners. Women who have been physically and sexually assaulted are more likely to consider suicide, engage in high-risk sexual behavior or use harmful and illegal substances.

How Doctors Can Help IPV Victims

Health care providers could play a critical role in helping domestic violence victims. They can ensure the victimsreceive the immediate medical care they need, and also assist in collecting thedata necessary to pursue legal action against their attackers and make sure they never strike again.

Over the last years, significant efforts have been made to improve the manner in which the health care community addresses domestic violence issues. Nowadays, doctors’ medical documentation of abuse – if accurate and comprehensive – can be of significant help as evidence in legal proceedings, assisting victims of abuse obtain the legal compensation they seek.

The victim’s criminal defense attorney can use the medical documentation of abuse, in addition to police reports, as evidence for obtaining immediate legal remedies, such as a restraining order, or to ensure that the victim will be able to access public housing, welfare and insurance.

Domestic violence victims lead lives of desperation, pain and constant fear by no fault of their own. Hopefully, through a concerted effort bythe government, together with local authorities and sexual violence support services to increase intervention and prevention training, people of all ages will learn aboutthe debilitating, long-term consequences of domestic abuse and perhaps put an end to it.

About the Author Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.

Once a domestic violence report is made, it matters not whether the victim, also known as the “complaining witness” decides to pursue charges or not. Once police are involved, the situation is no longer at the discretion of the victim. In Chicago, the prosecution decides whether to pursue or drop charges for domestic violence. Though the complaining witness may backpedal, which is often the case after deciding that they overreacted or because the parties have made nice and would like to continue without further issue on the matter, the prosecution is now calling the shots. The complaining witness may refuse to sign a complaint or attempt to make a written statement to make the charges go away, but it has little to no impact as to how the prosecution will proceed. If the prosecution so chooses, the case will move forward with or without the cooperation of the victim. And a complaining witness can be forced to testify.

Domestic violence cases are very sticky situations for numerous reasons, and the tentacles are far reaching, beginning with the arrest, and including protective orders, penalties imposed for the charges, as well as lifelong consequences after the fact. Andrew Weisberg is an experienced domestic violence attorney in Chicago who knows all too well how this system works and, as a former prosecutor, has a strong command of what the prosecutors are facing when making decisions with regard to the outcome of your domestic violence charge. Too many things can go dreadfully wrong in a domestic violence charge—put your case in the hands of a tried and true attorney with the experience to get the best outcome possible.

Domestic Violence Attorney Chicago – No matter how straightforward or complex your domestic violence charge, Andrew M. Weisberg is a domestic violence attorney in Chicago known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit / or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.