module 2 • Family Violence Protocol • Integrated Training for Law Enforcement, Social Services, and Advocates domestic violence A Woman’s Place HSA-SAS mod2dv.ppt (5/07)
Module 2Domestic Violence • Presented by: • District Attorney’s Office: • Marit Erickson • Kimberly Madayag • 385-7381 • A Woman’s Place: • C. J. Wunder • 725-7900 • County Counsel: • Kimberly Helms • 385-3000 ext. 5210 • Family Violence Protocol • Integrated Training for Law Enforcement, Social Services, and Advocates
Historical Perspective “One hundred women are not worth a single testicle.” Confucius, 551-479 B.C.E.
18 B.C., Caesar Augustus, laws of paterfamiliasFrom: “Roman Family Law and Traditions,” Lisa S. Morin Paterfamilias had the right to kill a woman caught in the act of adultery in her husband’s or the paterfamilias’ house. A husband who killed his wife found in the act of adultery was to be punished with more leniency due to his “impatience caused by just suffering.”
Commentaries on the Laws of England, William Blackstone (1765-1769) “The husband. . . by the old law, might give his wife moderate correction.” (similar to that allowed for apprentices and children) “Yet, [among] the lower rank of people. . . the courts of law will still permit a husband to restrain a wife of her liberty in case of any gross misbehavior.”
State of North Carolina v. Richard Oliver, 70 N.C. 60, (1874) If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive.
New York 1994 Sept. 11 - Police refused to arrest or remove David Metz from his home because his wife did not have a restraining order. August –“Every woman needs a good pounding every now and then.” Justice Donald Roberts, Malone Village Court, Franklin County, New York while reviewing documents related to Mrs. Metz’ request for a restraining order Aug. 1 - Assault, Third Degree knocked to the floor twice, kicked in the stomach, choked, treated for bruises at a hospital
Agency PolicyPenal Code § 13701 a) Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for officers' responses to domestic violence calls by January 1, 1986. These policies shall reflect that domestic violence is alleged criminal conduct. Further, they shall reflect existing policy that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred.
ProtocolPenal Code § 13732 (b) Commencing January 1, 2003, child protective services agencies, law enforcement, prosecution, child abuse and domestic violence experts, and community-based organizations serving abused children and victims of domestic violence shall develop, in collaboration with one another, protocols as to how law enforcement and child welfare agencies will cooperate in their response to incidents of domestic violence in homes in which a child resides. The requirements of this section shall not apply to counties where protocols consistent with this section already have been developed.
Penal Codes • PC 136.1 Dissuading a victim from reporting • PC 236 False imprisonment • PC 243 Battery • PC 245 Felony assault • PC 261 Rape • PC 273a Child endangerment • PC 273.5 Corporal injury to a spouse/cohabitant • PC 422 Criminal threats • PC 459 Entry w/ intent to commit a felony • PC 591 Interference/destruction of phone lines • PC 594 Vandalism • PC 646.9 Stalking
Domestic Violence ClassificationPenal Code §13700(b) Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. (What’s missing?)
PC § 273.5Elements • Any person who willfully inflicts; • Corporal injury resulting in a traumatic condition; and • Spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child. • Prior conviction – w/in 7 yrs.
“Cohabitant“ Two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Consider: • sexual relations between the parties while sharing the same living quarters, • sharing of income or expenses, • joint use or ownership of property, • whether the parties hold themselves out as husband and wife, • the continuity of the relationship, and • the length of the relationship.
Evidence from Victim • Taped Victim Statement • Photos • Your Observations • Court Documents/Orders • Location of Weapons • History of Violence • Other Illegal Activity • Contact Information
Demeanor Emotional state Intoxication Physical condition Injuries Clothing Make-up Medical condition Emergency room Ambulance First aid Observations of Victim
Victim Interview - Goals • Complete statement – current event • Relationship of parties • History of abuse • Role of drugs or alcohol
Interviewing Victims • Separate from partner and children • Record the statement • Allow the victim to vent • Establish trust with the victim • Consider your: • body language • tone of voice • eye contact
Interviewing Victims • Be non-judgmental • Reassure victim that help is available and intervention is critical • Ask the right question at the right moment (ie., sexual assault)
Interviewing Victims • Motivate her to cooperate by finding something that is being affected by the situation, such as her children. • Ask, “Is there any reason you wouldn’t want to tell the truth in Court?”
Strangulation243(e)(1), 245(a)(1), 243(d) or 664/187 • Device used? • How long? • How much pressure? • How many times? • Did suspect talk? • Loss of consciousness? • Seeing stars? • Petechiae? • Vomit? • Urinate or defecate? • Changes in voice, hoarse or raspy? • Visible marks on the victim’s neck or behind ears? (Defensive?) • Corresponding marks on suspect? • Difficulty breathing, swallowing or talking? • What was victim thinking?
Evidence from Suspect • Taped Suspect Statement • Photos • Your Observations • Location of Weapons • History of Violence • Other Illegal Activity • Written Statement
Interviewing Suspects • Document spontaneous statements • Interview separately • Record the statement • Provide Miranda advisement
Interviewing Suspects • Let the suspect tell the story and vent • Control the interview • Acknowledge suspect’s anger, frustration, and concern • Don’t make accusatory statements
Interviewing Suspects • Ask, “What is ____ going to tell us about what happened?” • Confront on inconsistencies & illogical statements • NEVER tell the suspect that the victim is pressing charges
Dominant AggressorPenal Code § 13701 “. . . an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense.”
Real or implied threats History of violence Self-defense Size of parties Criminal history Level of violence Corroborating evidence Demeanor Alcohol/Drug use Injuries Consistent Seriousness Court orders Reporting party Intent of law to protect victims Dominant Aggressor Determination
ArrestsPenal Code § 13701 The written policies shall encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed. These policies also shall require the arrest of an offender, absent exigent circumstances, if there is probable cause that a protective order . . . has been violated.
DV Felony Arrests • The person arrested has committed a felony • The officer has probable cause to believe that the person has committed a felony (Injury + Probable Cause = Arrest)
§243(e)(1) Arrests (1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. (2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. PC § 836(d)
Court Order Violations - Arrests • Mandatory arrest if: • Probable Cause to believe Suspect • has notice of the order • violated the order • Must follow up with either: • Victim provided copy of order; or • Confirmation that order is registered (CLETS)
Victim’s reluctance Victim’s lack of follow through Arrest may not lead to a conviction Assurances that violence will cease History of prior complaints Injuries are not visible Private or public incident Financial consequences Improper Influences – Arrests • Suspect is a juvenile • Immigration status • Cultural acceptance or response • (Non-)/existence of a RO/TRO • Same gender relationship • If the parties live together • Relationship or marital status of suspect & victim • Victim's emotional state
Animal Control • Suspect arrested • Victim entering shelter or receiving medical treatment • Children cared for by relative or detained Additional evidence of abuse
Document All Potential Witnesses • Reporting party • All adult residents • All child residents • Guests • Neighbors • People or businesses nearby
Observations of Children • Excited utterances • Displays of fear • Injuries to the child • Show and tell
Children in a Violent Home May Be • Afraid of suspect • Concerned for victim/another’s well-being • Instructed not to talk • Victim of abuse or neglect • Feeling responsible
Interviewing Children • Separate from parents & siblings • Chose a comfortable place • Sit at child’s level or lower • Keep a neutral tone of voice • Establish rapport by talking about something else • Explain why you are there • Reassure that child is not responsible
Guidelines – Child Witness Interview • Ask simple, open-ended questions: • What happened? • Who was there? • Did anyone get hurt? ( “owies”) • Who did the hurting? • What was mommy-daddy hurt with? • When did it happen? • Where did it happen? • Has it happened before? • Are you hurt?
Cross Reporting Obligations Welfare & Institutions Code § 300 • (a) physical abuse • (b) neglect and failure to protect • (c) emotional abuse Suspected child abuse must be cross-reported as required by PC 11165, 11166 and 11172(a). Suspected elder or dependent adult abuse must be cross-reported as required by WIC 15610, 15630 and 15640. Suspected animal abuse may be reported as identified by PC 11199 Not criminal: Reasonable suspicion standard
Medical Witnesses • If in a hospital setting, ID the treating physician • Document statements made to medical personnel • Ask the victim to sign a Medical Info Release Form • Document treating facilities & dates
Photograph: All injuries Evidence seized Crime scene Taped Statements Victim Suspect Any weapon (boots, belts, tape, stick) Evidence • Clothing • Linens • Phone or telephone lines • 911 tapes
Written Report RequiredPenal Code § 13730(a) • Face sheet codes the call as DV • Report includes an inquiry into • the usage of alcohol or drugs • the history of domestic violence • the presence of firearms in the home Penal Code § 13730(c)
Emergency medical care Transportation to a shelter, or a hospital for treatment when necessary Police standbys for removing personal property Assistance in safe passage out of the victim's residence Providing the report number Referral to proper investigative unit Penal Code § 13701(c) Recommended Assistance to Victims
Written Info to Victim • Despite arrest, suspect may be released at any time. • He or she may ask the district attorney to file a criminal complaint. • He or she has the right to file a civil suit for losses suffered as a result of the abuse: • medical expenses • loss of earnings • other expenses for injuries sustained • damage to property • any other related expenses incurred by the victim or any agency that shelters the victim. Penal Code § 13701
Written Info to Victim • "For further information about a shelter you may contact __________.“ • "For information about other services in the community, where available, you may contact ____________________.“ • "For information about the California victims' compensation program, you may contact 1-800-777-9229.“ Penal Code § 13701
Written Info to Victim • Right to go to the superior court and file a petition requesting any of the following orders: • Restraining the attacker from abusing the victim and other family members. • Directing the attacker to leave the household. • Preventing the attacker from entering the residence, school, business, or place of employment of the victim. • Awarding the victim or the other parent custody of or visitation with a minor child or children. • Restraining the attacker from molesting or interfering with minor children in the custody of the victim. • Directing the party to pay support of minor children, if that party has a legal obligation to do so. • Directing the defendant to make specified debit payments coming due while the order is in effect. • Directing that either or both parties participate in counseling. Penal Code § 13701
Written Info to Victim • "Victims of Domestic Violence" card :(243(e), 261, 261.5, 262, 273.5, 286, 288a, or 289) • Names, phone numbers, hotlines and the 24-hour counseling service telephone numbers for local shelters for battered women and rape victim counseling centers within the county • A simple statement on the proper procedures for a victim to follow after a sexual assault • A statement that sexual assault by a person who is known to the victim, including sexual assault by a person who is the spouse of the victim, is a crime • A statement that domestic violence or assault by a person who is known to the victim, including domestic violence or assault by a person who is the spouse of the victim, is a crime Penal Code § 13701
Victim Confidentiality • Advise that name will become a matter of public record unless they request otherwise • Advise the victim of his/her right to anonymity • Law enforcement agencies are prohibited from disclosing the victim’s name and address to anyone except the prosecutor, if requested by the victim • Use the victim’s true name when completing their crime and arrest reports, property tags, hospital records, etc. These records are a necessary part of a criminal investigation and do not become “public record” in a criminal prosecution
Follow-upAKA Turning a 243(e) into a 273.5 • Photographs • Self-sought medical care • Continued threats or violence • Review and fill the gaps • Second offer of support services
Copies of Report • District Attorney's Office – All cases • A Woman’s Place – All cases • CPS within 36 hours - If children are present or living in the home
Sexual Assault Investigations • Determine the need for an evidentiary exam • Notify the SART (209) 722-4357 • Transport the victim to an appropriate facility. • Stand by during the Sexual Assault Evidentiary Exam • Provide transportation to the victim upon completion of the examination • Impound evidence