If the traditional court function of mediation in disputes is no longer a modern court function then courts exist only to mete out punishment to defendants brought before them. This may explain why Cu*****, Georgia is constructing of a monumental new jail. Punishment short of incarceration (which is a public expense) consists of the private expense of a bail bond, maintenance of the family and independent defendant maintenance under mandated separation orders, mandated counseling, legal representation, court costs, fines, penalties, etc. for both parties in the incident at the defendants expense. At some point in this litany of forced expenditures the concept of justice is lost and the court with it's underlying legal structure becomes a business enterprise preying on the most vulnerable elements of society.

The police and courts are instituted in society mandated to serve and protect the welfare of citizens, not as independent entities that serve their own interests and rule over us in the name of justice. A policy of Zero Tolerance coupled with the Family Violence Act may make for good public press releases but is indefensible in practice. Government policies instituting police arrests, searches and seizures without a warrant under Zero Tolerance arrest programs are the first step toward implementing a police state founded on the enforcement power of government that strips citizens of their civil rights.

British common law, the basis for our legal system, was spread by conquest and colonization: no country ever accepted it freely. Over 60% of the nations of the world, including the State of Louisiana have legal systems based on civil law consisting of written enumerated legal principles and rights (rule by law rather than rule by men). The intellectual framework of common law comes from judicial decisional law giving precedent to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions. "Stare decisis" is Latin for "to stand by things decided" and is essentially the doctrine of precedent. common law courts are adversarial in nature where opposing viewpoints are argued before an impartial judge, panel of judges, or judge and a jury of peers in criminal cases and the most persuasive argument wins to become a precedent resolving all similar cases and superseding any previous precedents (in theory, impartiality in judges and juries is sometimes wanting as they may be swayed by passionate arguments, personal bias and popular causes). Common law, being confrontational and adversarial in practice, reinforces the human propensity for forceful solutions while perpetuating our moral belief that force is an acceptable solution to the problems of life by externalizing them in an adversarial court of law.

Reported cases of domestic violence rarely involve criminal violence resulting in debilitating injury or death, men and women are more likely to sustain such injury in a car accident commuting to work or during a trip to the local supermarket. Domestic violence cases usually involve family financial problems, emails, telephone messages, Facebook posts, attitudes, swearing, personal defamation, vociferous disagreements, neighbor interference, jealousy, revenge, vengeance, infidelity, child discipline, custody battles, mental problems, self-inflicted injuries, post traumatic stress disorder following childbearing, substance abuse and some pushing and shoving to make a point or in self-defense. Charges of domestic violence or abuse are often combined with charges of substance abuse and allegations of child physical and sexual abuse in divorce and custody battles, presently women's weapons of choice that are sometimes encouraged by attorneys, women gain financial support and awards, the house and custody of children while facing no penalty for false accusations.

Police presence at a family dispute can have a chilling or calming effect restoring sanity and could contribute to problem resolution but mandatory arrest is certainly less than helpful. Criminalizing first time offenses with or without minor injuries should most certainly be avoided considering the devastating consequences of arrest and enforced separation on marriages and families. The parties to the dispute have already punished themselves, additional punishment meted by the court does not contribute to dispute resolution and family healing. Repeat offenses and increasing violence in disputes signals unresolved or inherent conflict which should dictate an escalated response by police and court officials, such information is commonly available to responding police officers. Not all marriages, relationships and families remain viable over time and escalating family violence emergency calls are indicative of pernicious problems or family dissolution.

Family violence is more prevalent amongst the least educated citizens. Much neglected moral, ethical and civic education in public schools could gradually change our system of beliefs that comprises morality, yet, some of society's most educated individuals stand accused of throughly immoral and/or violent behavior. Education alone does not preclude family violence.

There is an underlying economic component in nearly all family violence, it occurs most frequently in economically distressed or impoverished households where unemployment is prevalent but not even extremely wealthy families are immune. Social steps to alleviate poverty by sharing social wealth would surely help but wealth beyond a comfortable lifestyle might be counterproductive.

The Zero Tolerance Policy and Family Violence Acts are counterproductive in decreasing family violence and must to be repealed in spite of resistance by womens advocacy groups. These laws have been in effect long enough that they are becoming subject to abuse. Women are as likely as men to initiate a family dispute and are capable of violent assault resulting in injury. Women in assault cases are prone to employ weapons to compensate for their lack of strength and stature, are accorded preferential treatment and have simply become adept at manipulating both the police and the court system. Until human morality changes the application of social force is doomed to fail, domestic violence is inherent in families and only families can resolve their differences.