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DOMESTIC VIOLENCE
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  1. DOMESTICVIOLENCE BY: INSTRUCTOR LIZ FARRIS

  2. DOMESTIC VIOLENCE DEFINED: • PHYSICAL HARM, BODILY INJURY, ASSAULT, OR THE INFLICTION OF FEAR OF IMMINENT PHYSICAL HARM, BODILY INJURY, OR ASSAULT BETWEEN FAMILY OR HOUSEHOLD MEMBERS; OR • ANY SEXUAL CONDUCT BETWEEN FAMILY OR HOUSEHOLD MEMBERS WHETHER MINORS OR ADULTS WHICH CONSTITUTES A CRIME UNDER THE LAWS OF THIS STATE. 2

  3. FAMILY OR HOUSEHOLD MEMBERS DEFINED: 5-26-302 • SPOUSES • FORMER SPOUSES • PARENTS • ANY CHILDREN RESIDING IN THE HOUSEHOLD • PERSONS RELATED BY BLOOD WITHIN THE FOURTH DEGREE • PERSONS WHO ARE PRESENTLY OR IN THE PAST HAVE RESIDED OR COHABITED TOGETHER. 2

  4. FORMS OF ABUSE • SPOUSE ABUSE • PARENT ABUSE • ELDER ABUSE/NEGLECT • CHILD ABUSE/NEGLECT • SIBLING ABUSE • HOMOSEXUAL RELATIONSHIPS • COHABITED (LIVING TOGETHER AS LOVERS) 3

  5. NOTE • FOR A RELATIONSHIP TO BE COVERED UNDER ARKANSAS DOMESTIC ABUSE LAWS, IF THE PARTIES ARE UNRELATED, THE PARTIES HAVE TO HAVE LIVED TOGETHER. 3

  6. THRUMAN, et al vs. CITY OF TORRINGTON, CONN. • A MAN CANNOT BEAT A WOMAN SIMPLY BECAUSE SHE IS OR HAS BEEN HIS WIFE. • THE POLICE HAVE A DUTY TO PRESERVE LAW AND ORDER AND TO PROTECT THE PERSONAL SAFETY OF PERSONS IN THE COMMUNITY. • A POLICE OFFICER MAY NOT KNOWINGLY REFRAIN FROM INTERFERENCE IN A VIOLENT RELATIONSHIP • INACTION ON THE PART OF THE OFFICER IS A DENIAL OF EQUAL PROTECTION OF THE LAW 3

  7. GENERAL FACTS ON DOMESTIC VIOLENCE • A WOMAN IS BEING BATTERED AT LEAST ONCE EVERY 15 SECONDS IN THE U.S. • EACH YEAR, 2 MILLION WOMEN ARE SEVERELY ASSAULTED BY THEIR MALE PARTNERS • APPROXIMATELY 95% OF THE VICTIMS OF DOMESTIC VIOLENCE ARE WOMEN • VIOLENCE WILL OCCUR AT LEAST ONCE IN 2/3 OF ALL MARRIAGES 4

  8. REPORTING FACTS ON DOMESTIC VIOLENCE • AT LEAST 4 MILLION INCIDENTS OF DOMESTIC VIOLENCE AGAINST WOMAN ARE REPORTED EVERY YEAR • THE FBI CONSIDERS WOMAN BATTERING TO BE THE MOST WIDESPREAD AND MOST UNDERREPORTED CRIME IN AMERICA 4

  9. HEALTH FACTS ON DOMESTIC VIOLENCE • DOMESTIC VIOLENCE IS THE LEADING CAUSE OF INJURIES TO WOMEN AGES 15-44, MORE COMMON THAN AUTOMOBILE ACCIDENTS, MUGGINGS, AND CANCER DEATHS COMBINED. • 15 TO 25 % OF PREGNANT WOMEN ARE BATTERED. • 35% OF ALL EMERGENCY ROOM CALLS ARE A RESULT OF DOMESTIC VIOLENCE 5

  10. HEALTH FACTS CONTINUED: • DOMESTIC VIOLENCE ACCOUNTS FOR OVER 100,000 DAYS OF HOSPITALIZATION EACH YEAR • DOMESTIC VIOLENCE ACCOUNTS FOR OVER 30,000 EMERGENCY ROOM VISITS EACH YEAR • DOMESTIC VIOLENCE ACCOUNTS FOR MORE THAN 40,000 VISITS TO PHYSICIANS EACH YEAR 5

  11. FATALITIES CONCERNING DOMESTIC VIOLENCE • 2/3 OF THE BATTERED WOMEN’S PARTNERS HAD THREATENED TO KILL THEM. • ON AN AVERAGE, 10 WOMEN A DAY ARE KILLED BY THEIR BATTERERS. • THE FBI REPORTS THAT 30 % OF FEMALE HOMICIDES VICTIMS ARE KILLED BY THEIR HUSBANDS OR BOYFRIENDS • 20 % OF ALL MURDERS ARE COMMITTED WITHIN FAMILIES. 5

  12. FACTS ON CHILDREN LIVING IN DOMESTIC VIOLENCE • 1/3 OF THE FAMILIES REPORTING A VIOLENT INCIDENT BETWEEN THE PARENTS ALSO REPORTED THE PRESENCE OF CHILD ABUSE. • A MAN WHO BEATS HIS WIFE IS 3 TIMES MORE LIKELY TO COMMIT INCEST. • 30% OF WOMEN WHO ARE BATTERED SAY THEY COME FROM HOMES WHERE DOMESTIC VIOLENCE WAS PRACTICED. • 56% OF THE CHILDREN WHO ARE ABUSED END UP ARRESTED. 6

  13. WHY DO VICTIMS STAY • FEAR OF THE BATTERER’S VIOLENCE • CHILDREN • BELIEF • LACK OF RESOURCES • LOVE 7

  14. BATTERED WOMAN’S SYNDROME • TRAUMATIC EFFECTS OF THE VICTIMIZATION JUMPINESS, SLEEP DISTURBANCE, MEMORY IMPAIRMENT, DEVASTATING IMPACT ON SELF-ESTEEM • INCREASED FEELINGS OF POWERLESS STRATEGIES TO STOP THE VIOLENCE DON’T WORK, VICTIM BECOMES DEPRESSED AND STOPS TRYING • COPING MECHANISMS DEVELOPED IN RESPONSE TO THE VIOLENCE, VICTIM MINIMIZES DANGER, FEAR 7

  15. REASONS WHY MEN BEAT WOMEN • CONTROL • BECAUSE THEY CAN • THERE IS NO STANDARD PROFILE OF A BATTERER; THEY CAN ONLY BE IDENTIFIED BY HOW THEY RELATE TO THEIR PARTNER. 8

  16. ELEMENTS OF CONTROL • COERCION AND THREATS • INTIMIDATION • EMOTIONAL ABUSE • ISOLATION • OBFUSCATION • USING OTHERS • USING MALE PRIVILEGES • ECONOMIC POWER 8

  17. PROGRESSION OF VIOLENCE • TENSION STARTS • TENSION ESCALATES EMOTIONAL ABUSE(USUALLY THE FIRST TO OCCUR) THREATS/CHILDREN, PETS, ETC. • ASSAULTS BATTERY, SEXUAL ABUSE, DESTROYING PROPERTY • HONEYMOON STAGE REMORSEFUL, BUYS GIFTS, MAKES PROMISES 16

  18. PROGRESSION OF VIOLENCE • WITHOUT PROPER INTERVENTION FROM THE POLICE, BY THE VICTIM, ECT., THE VIOLENCE USUALLY DOES NOT STOP. • THE PROGRESSION OF VIOLENCE IS ALWAYS TOWARD MORE VIOLENT BEHAVIOR. 16

  19. WARRANTLESS ARREST FOR DOMESTIC VIOLENCE • ARKANSAS LAW GIVES LAW ENFORCEMENT THE AUTHORITY TO MAKE A WARRANTLESS ARREST BASED ON PROBABLE CAUSE FOR FELONY DOMESTIC VIOLENCE CRIMES. • ARKANSAS LAW ALSO GIVES LAW ENFORCEMENT THE AUTHORITY TO MAKE A WARRANTLESS ARREST FOR MISDEMEANOR DOMESTIC VIOLENCE WITHIN FOUR HOURS IF THERE IS PROBABLE CAUSE TO BELIEVE AN ACT OF VIOLENCE HAS OCCURRED. • THERE HAS BEEN A VIOLATION OF A SPECIFIC CRIME. • 16-81-113 STATES THAT ARREST IS THE PREFERRED ACTION TO BE TAKEN BY LAW ENFORCEMENT AND THAT THEY ARE IMMUNE FROM LIABILITY. 20

  20. THE CHARGING DECISION: WHEN TO CHARGE BATTERY VS. DOMESTIC BATTERING • BY MEANS OF A FIREARM • TO A PREGNANT WOMAN (CAUSING MISCARRIAGE OR STILLBIRTH) • TO A PERSON OVER 60 • TO A PERSON UNDER 12 • IF CHARGED AS BATTERY, THESE FOUR OFFENSES WILL MERIT A FELONY CHARGE, WHEREAS THEY WOULD CURRENTLY ONLY BE MISDEMEANORS UNDER DOMESTIC BATTERING 23

  21. ENHANCEMENT OF CHARGEAct 1365/1317 5-26-303,304,305 • Domestic battery 1st degree is a class b felony unless there has been a previous conviction in the last 5 years of domestic battery in the 1st, 2nd, or 3rd degree of this state are another or has been convicted of an equivalent penalty. I t then becomes a Class A felony • 2nd Battery is a Class C and becomes a Class B felony • 3rd degree is a Class A misdemeanor and becomes a D felony • Any person commits any act of domestic battery as defined in the above and has been previously convicted at least 2 times in the past 10 years it becomes a B felony. 27/28

  22. STATUES FOR DOMESTIC VIOLENCE • DOMESTIC BATTERING 1st DEGREE B FELONY • DOMESTIC BATTERING 2nd DEGREE D FELONY • DOMESTIC BATTERING 3rd DEGREE CLASS A MISDEMEANOR • AGGRAVATED ASSAULT ON A F/HM D FELONY • ASSAULT ON F/HM 1st DEGREE A MISDEMEANOR • ASSAULT ON F/HM 2nd DEGREE B MISDEMEANOR • ASSAULT ON F/HM 3rd DEGREE C MISDEMEANOR 25/26

  23. STALKING 1st DEGREE • CLASS B FELONY • PURPOSELY ENGAGES IN AN HARASSING COURSE OF CONDUCT ( MORE THAN 2 INCIDENTS AT LEAST 36 HOURS APART, BUT NO MORE THAN 1 YEAR APART) AND MAKES A TERRORISTIC THREAT INTENDED TO PLACE A PERSON IN IMMINENT FEAR OF DEATH OR SERIOUS BODILY INJURY FOR HIMSELF OR HIS IMMEDIATE FAMILY • AND THEY DO SO IN VIOLATION OF AN ORDER OF PROTECTION, OR 30

  24. STALKING cont. • HAVE A PRIOR CONVICTION OF STALKING 2nd DEGREE, TERRORISTIC THREATENING, WITHIN THE PAST TEN YEARS OR, • IS ARMED WITH A DEADLY WEAPON OR REPRESENTS THAT HE IS. 30

  25. STALKING 2nd DEGREE • CLASS C FELONY • PURPOSELY ENGAGES IN HARASSING COURSE OF CONDUCT(MORE THAN 2 INCIDENTS AT LEAST 36 HOURS APART, BUT NO MORE THAN 1 YEAR APART) AND MAKES A TERRORISTIC THREAT INTENDED TO PLACE A PERSON IN IMMINENT FEAR OF DEATH OR SERIOUS BODILY INJURY FOR HIMSELF OR HIS IMMEDIATE FAMILY 30

  26. OTHER CRIMES FREQUENTLY ASSOCIATED WITH DOMESTIC VIOLENCE • TERRORISTIC THREATENING • HARASSMENT • HARASSING COMMUNICATIONS • UNLAWFUL COMPUTERIZED COMMUNICATIONS • MURDER, ATTEMPTED MURDER • VIOLATION OF A PROTECTION ORDER • RAPE • DESTRUCTION OF PROPERTY 31/32/33/34

  27. WHAT TO CHARGE • BATTERY IS THE MOST COMMON CHARGE FILED IN CASES OF DOMESTIC ABUSE • ALWAYS REMEMBER TO CHARGE UNDER THE APPLICABLE CRIMINAL STATUE

  28. ORDERS OF PROTECTION • ISSUED BY CHANCERY COURTS WHEN A JUDGE FINDS THAT A PETITIONER HAS BEEN THREATENED OR HARMED BY A RESPONDENT AND IS IN IMMEDIATE AND PRESENT DANGER OF DOMESTIC ABUSE 36

  29. ORDER OF PROTECTION 9-15-201 • FILED IN THE COUNTY WHERE THE PETITIONER RESIDES • WHERE THE RESPONDENT CAN BE SERVED • WHERE THE ABUSE OCCURRED 36

  30. ORDER OF PROTECTION • THE PETITIONER AND RESPONDENT MUST BE EITHER: • SPOUSES (PRESENT OR FORMER) • PARENT AND CHILD • COHABITANTS (PRESENT OR FORMER) • BLOOD RELATIVES (TO THE 4th DEGREE) 36

  31. THE PETITION PROCESS • FILE A PETITION WITH THE CHANCERY COURT • NO FEES CAN BE CHARGED • THE COURT WILL HOLD A HEARING • IF SUFFICIENT EVIDENCE SUPPORTS THE PETITION, THE COURT WILL PROVIDE A TEMPORARY ORDER, WHICH MAY BE IN PLACE FOR UP TO 30 DAYS 37

  32. THE PETITION PROCESS 9-15-205 • A COPY MUST BE SERVED ON THE RESPONDENT AT LEAST 5 DAYS PRIOR TO THE FULL HEARING ON THE FINAL OR PERMANENT ORDER. • THE FULL HEARING MUST BE SET NO LATER THAN 10 DAYS FROM THE ISSUANCE OF THE TEMPORARY • THE FINAL ORDER CAN PROVIDE RELIEF FOR A PERIOD OF NOT LESS THAN NINETY DAYS NOR MORE THAN ONE YEAR. 38

  33. RELIEF • UPON ORDER OF THE COURT,LAW ENFORCEMENT MUST ASSIST THE PETITIONER IN MOVING THE RESPONDENT OR SECURING EITHER PARTY’S POSSESSION FROM THE HOUSE OR DWELLING • IT CAN EXCLUDE THE ABUSER FROM CERTAIN PLACES FOR THE DURATION OF THE ORDER 38

  34. RELIEF • SHARED RESIDENCE • VICTIM’S RESIDENCE • VICTIM’S WORKPLACE • CHILDREN’S SCHOOL • CHILD CUSTODY • SUPPORT FOR VICTIM AND CHILDREN • OTHER ISSUES NOT SPECIFIED • RESTRICTIONS VARY FROM ORDER TO ORDER; A VIOLATION DEPENDS ON THE LANGUAGE OF EACH ORDER 34

  35. FULL FAITH AND CREDIT 9-15-302 • STATES ARE REQUIRED TO ENFORCE ORDERS ISSUED IN OTHER STATES • EVEN IF IT GRANTS RELIEF NOT AVAILABLE IN OUR STATE 9-15-303 • LAW ENFORCEMENT HAVE THE SAME IMMUNITY AS WHEN ENFORCING OUT OF STATE ORDERS IF ACTING IN GOOD FAITH 39/40

  36. ENFORCEMENT OF ARKANSAS ORDERS 5-53-134 • AN ARKANSAS ORDER IS VALID THROUGHOUT THE STATE • IF LAW ENFORCEMENT REFUSES TO ENFORCE AN ORDER, THE PENALTY IS CONTEMPT. • LAW ENFORCEMENT MAY NOT CHARGE FOR SERVICE 12-12-215 • LAW ENFORCEMENT MUST ENTER INTO ACIC 41

  37. OTHER ORDERS • MUTUAL RESTRAINING ORDERS • ISSUED BY CHANCERY COURT DURING DIVORCE PROCEEDINGS • PROHIBITS THE PARTIES FROM EACH OTHER • REQUIRES THE PARTIES TO PROTECT MARITAL PROPERTY DURING THE DIVORCE PROCEEDINGS 43

  38. NO CONTACT ORDERS • CAN BE A CONDITION OF BOND OR PRETRIAL RELEASE WHEN CRIMINAL CHARGES ARE INVOLVED • CAN BE REQUESTED BY THE VICTIM, OR BY THE PROSECUTOR ON THE VICTIM’S BEHALF • ISSUED BY MUNICIPAL OR CIRCUIT COURTS AS A CONDITION OF PRETRIAL RELEASE, BOND, OR PROBATION • NO CONTACT ORDERS ARE MANDATED AS A CONDITION OF PRETRIAL RELEASE ON STALKING, TT, HARASSMENT, AND HARASSING COMMUNICATIONS43

  39. VIOLATION OF AN ORDER OF PROTECTION • IS A CRIMINAL OFFENSE • LAW ENFORCEMENT CAN MAKE AN ARREST IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE A PERSON: • IS THE SUBJECT OF AN ORDER OF PROTECTION • HAS VIOLATED THE TERMS OF THE ORDER EVEN IF THE OFFICER DIDN’T WITNESS THE VIOLATION • OFFICER ACTING IN GOOD FAITH IS IMMUNE FROM LIABILITY 45

  40. NOTE • IF A PETITIONER INVITES THE RESPONDENT TO HER HOME OR CALLS THE RESPONDENT, HER ACTIONS DO NOT “NEGATE” OR NULLIFY THE ORDER. • THE PETITIONER’S CONDUCT IS NOT RESTRICTED BY THE ORDER • IF THE RESPONDENT VIOLATES THE ORDER AFTER THE COUPLE HAS RECONCILED, ARREST IS STILL PROPER 45

  41. NOTE • THE RESPONDENT MAY RAISE RECONCILIATION AS AN AFFIRMATIVE DEFENSE TO THE CHARGE • VIOLATION OF A PROTECTION ORDER IS A CLASS A MISDEMEANOR PUNISHABLE BY UP TO ONE YEAR IN JAIL AND /OR A FINE NOT TO EXCEED $1,OOO 46

  42. DEPARTMENT POLICIES AND PROCEDURES • STAND-BYS • CHECK TO SEE IF THE REQUESTING PARTY HAS A COURT ORDER • ALLOW ONLY PERSONAL ITEMS TO BE TAKEN • CONSENT TO ENTER IS ESTABLISHED ONCE ONE OF THE PARTIES INVITES YOU INTO THE HOME, EVEN IF THE OTHER DENIES YOU ACCESS • YOUR PRESENCE IS VALIDATED BY THE INVITATION • YOU ARE THERE AS A CONSERVATOR OF THE PEACE • YOU ALSO HAVE THE RIGHT TO ENTER WHEN PROBABLE CAUSE HAS BEEN ESTABLISHED