Rise in Spousal Abuse Curbs Prosecutions : Crime: Special city attorney’s unit is inundated with domestic violence cases after Police Department added investigators.

A skyrocketing increase in domestic violence cases has forced the San Diego city attorney’s office to begin prosecuting only those spousal abusers who are already in custody or have been arrested, officials said Thursday.

The new policy, which will be in effect for the next 120 days, will mean that some batterers will escape prosecution. The change was prompted by the unexpected success of a recently formed San Diego police domestic violence unit, said Deputy City Atty. Casey Gwinn, head of the unit that prosecutes such cases.

The city attorney’s domestic violence unit, founded by Gwinn in 1986, is widely recognized as the model for the rest of the nation. Gwinn’s staff, including eight attorneys, prosecute more spousal abuse cases than any other prosecuting office in the United States.

According to Gwinn, the number of cases reviewed by his office each month has almost tripled since San Diego police formed a special unit in August to investigate domestic violence incidents. San Diego is one of a handful of police departments in the nation with such a specialty team.

Prosecutors received 940 cases for review in August, when the new police unit began operating, compared to 347 n February, Gwinn said.

“The problem is that in February, I had the exact same number of people that I have today to investigate these cases. . . . Our staff is drowning in domestic violence cases,” Gwinn said. “I don’t think it’s as much a statement of the failure of the system as it is of its success. We are a victim of our own success.”

However, the number of domestic violence cases had already been growing each year. There were about 5,000 cases reported in 1986 and more than 11,700 cases in 1991. Prosecutors expect to handle up to 14,000 cases this year.

“If there’s a positive side to this, it is that San Diego has a more sophisticated response to domestic violence than other parts of the country,” Gwinn said.

Although he credited the rise in domestic violence cases between February and August to the Police Department’s new commitment to investigate spousal abuse, he said a floundering economy can also be a factor in the increase.

“It’s difficult to measure to what extent the economy plays a role in domestic violence,” Gwinn said. “But it’s quite clear that when you have increased unemployment you also have increased tensions in some households and an increase in violence.”

Officials in the city attorney’s office said domestic violence is the No. 1 cause of injury to women in the county. They estimated that patrol officers spend up to 45% of their shifts responding to domestic violence calls.

The city attorney’s office notified Police Chief Bob Burgreen on Thursday of the new policy in prosecuting domestic violence cases.

“We will be working very closely with police over the next 120 days to assess where we’re at and where we go from here. . . . “ Gwinn said. “My hope is that in the next 120 days we can come up with a strategy and a response from the policy-makers (City Council).”

San Diego police officials emphasized the importance they place on investigating spousal abuse by the number of officers they assigned to investigate these cases. The department’s domestic violence unit is made up of 16 detectives, two detective sergeants, a lieutenant and a captain.

Over the years, San Diego has been in the forefront of support programs for battered women. The Center for Women’s Studies and Services in Golden Hill opened the first Temporary Restraining Order Clinic in California to assist battered women.

At the center, volunteer attorneys and counselors helped battered women use the law for their protection, while they remain at home. The clinic’s attorneys will not represent victims in court, but clinic representatives will accompany them to give them emotional support.

In addition to the women’s center, the San Diego County Superior Court established a Conciliation Court in the mid-1970s to deal with domestic violence cases. The court established a mandatory counseling program for both batterer and victim that served as a model for other states.