A new law in Alabama mandating a minimum 12-hour cooling off period for persons accused of domestic violence went into effect in August [2000].

The new law, passed in the recent legislative session and signed by Governor Don Siegelman, calls for those accused of domestic violence to be held in police custody at least 12 hours following the report of a disturbance. The minimum penalty in such cases has also been increased to a fine of $500.

Before this law was passed, a victim of domestic violence could file a report with the police without making a request for the perpetrator to be put in jail. Often a woman would file a report in hopes that her spouse would realize the seriousness of his actions and stop the violence before an arrest could be made. If an arrest was made, the accused could post bond and be back home within a few hours.

Under the new law, a report of domestic violence will result in the perpetrator being held for at least 12 hours to cool off and reduce tensions in the household.

"Both the accused and the victim need to realize this is serious," said John M. Wood, a partner at Wood & Shaw and past chairman of the Family Law Section of the Alabama State Bar. "People who are engaged in domestic violence will spend at least half a day in jail. If it happens on a Friday night, he might be in over the weekend. This could result in jail time for some innocent people, but hopefully this law will provide another level of protection for victims of domestic violence."

In Wood's book, The Successful Divorce: What You Must Know And Do Now, he offers some illuminating statistics on the incidence of domestic violence. "According to statistics provided by the National Coalition Against Domestic Violence," Wood writes, "Twenty thousand homicides occur annually across the country due to domestic violence. Shockingly, domestic violence is the number one cause of injury to women in this country -- more than automobile accidents, rapes and muggings combined."

Wood's book talks about the extensive damage done by child abuse. "It is very disturbing to report that three children die every day from child abuse and neglect in the United States and 483 children are seriously harmed or disabled.... Child abuse victims can eventually overcome the scars of their abuse, but this may require extensive counseling and concentrated efforts on the parents' behalf."