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Domestic Violence Basics

Domestic Violence Basics

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Domestic Violence Basics

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  1. Domestic Violence Basics

    Hailey Knoll Master Patrol Officer Garden City Police Department
  2. OBJECTIVES Identify causes of domestic violence Identify power and control tactics used by the batterer Identify barriers for victim safety Identify why safety planning and lethality assessments are critical Cultural considerations
  3. OBJECTIVES CONTINUED: Officer Safety Evidence Liability and legal issues Arrest Follow-up
  4. Dynamics of Domestic Violence Domestic Violence is a pattern of abusive or coercive behavior used to control an intimate partner. Physical Sexual abuse/violence Verbal abuse
  5. Dynamics of domestic violence Victims are forced to change their behavior in response to the abuse Occurs in current or former dating married or cohabitating relationships. Heterosexuals, gay, lesbian, bisexual and transgendered individuals
  6. Common battering perceptions(excuses) Victims Behavior Illness Genetics Cultural norms Alcohol Stress Learned Behavior
  7. Continued excuses: Anger Management Family Issue It is her fault
  8. THE TRUTH IS Victims have NO control over the violence and CANNOT stop it. Many batterers repeat their patterns of control in all their relationships
  9. POWER AND CONTROL Intimidation Coercion and threats Male privilege Economic abuse Using children Isolation
  10. POWER AND CONTROL CONTINUED: Minimizing, denying and blaming Emotional abuse
  11. Barriers to Victim Safety Relentless behavior of the batterer Fear of what the batterer may do Financial dependence Religious beliefs/ cultural beliefs Isolation and lack of support Shame (making excuses for the violence) Immigration status
  12. Barriers continued: Disability Minimizing the behavior Maintaining access to the batterer Kids/ work/ family etc.
  13. Shelter Options? Sexual orientation? Older children? Pets? Substance abuse? Diet and medical restrictions? Are YOUR shelters prepared to handle those situations?
  14. 6 things to say to a victim: 1- I am afraid for YOUR safety 2- I am afraid for your CHILDREN 3- It WILL get worse 4- WE are here for you 5- YOU don’t deserve to be ABUSED 6- It is NOT your fault
  15. HOW ARE WE DIVERSE? Age Language Gender Ethnicity Sexual orientation Education Socio/ Economic status Religion/ culture Disability Race Geographical (urban/ rural)
  16. CULTURAL DIVERSITY Cultures reflect a range of differences and similarities One must respect each other’s cultural when responding to domestic violence incidents
  17. DIVERSITY CONSIDERATIONS Batterers may use cultural beliefs to control their victims Batterers may blame officers, victims and advocates to manipulate...or even try to manipulate them
  18. LETHALITY INDICATORS Threats or fantasies of homicide or suicide Weapons Pregnancy of victim Harming or killing pets Key phrases... “I own him/her.”
  19. Lethality Continued: Obsession with the victim/ family Depression/ mental illness Access to victim/ family Hostage taking Escalation of batterer...risk taking
  20. DANGER & RISKINDICATORS Prior contacts with LEO Increasing number of violations of a protection order PREGNANCY Drug and Alcohol consumption Increase in frequency/ severity of abuse
  21. DANGER AND RISKCONTINUED: Strangulation Battering during pregnancy Cruelty to pets and damage to property Violence towards children
  22. OFFICER SAFETYVICTIM SAFETY

  23. WAYS TO INCREASE VICTIM SAFETY Know the community resources and encourage victims to utilize them Attempt to provide transportation to safety Victim advocates are great for this FOLLOW-UP investigation/ photos Remember culture plays a role
  24. The IMPACT of LEO Sends a clear message that domestic violence is a crime Provides victim with access to services and available support YOU are an ESSENTIAL PARTNER in the community response to domestic violence
  25. RURAL OFFICER SAFETY ISSUES FAMILY MEMBERS AND FRIENDS Officer may be a family member or a friend of the batterer Familiarity with parties leads to complacency May be no telephone/ cell service etc May be no time or minutes on their track phone
  26. SAFETY ISSUES CONTINUED: LOCATION. LOCATION. LOCATION. Lack of adequate mapping Poor information from the reporting party Inadequate road and street signs They will probably see and hear you coming before you know your in the right area
  27. COPS AND VICTIMS ARE ALIKE Who knows that a future attack is coming? Who in the face of danger and maybe death “stays on the job”? Who must always be “combat ready” but appear to be relaxed?
  28. COPS AND VICTIMS ARE ALIKE Who must suppress anger while being attacked verbally and physically? Who is frustrated when offenders get out on bail/ not prosecuted or given token sentences? Who receives less protection because it’s “part of the job”?
  29. Dangers in Responding to Domestic Violence Calls You arrival is KNOWN Greater likelihood of FIREARMS COMPLACENCY Holidays, celebrations, parties + ALCOHOL =DANGER (higher agitation) YOU must plan (they already have one) REPEAT calls = INCREASED DANGER to you
  30. SCENE APPROACH Park out of sight from the scene Emergency lights and sirens Follow agency policy and state law Consider the effect of lights and sirens for your response AND the agitation level of the suspect ASSESS the scene WAIT for second unit Consider threat levels Consider the responding unit- tell them how to approach, east- alley, 3rd house on the north etc.
  31. AT THE SCENE No answer at the door, no audible or visual activity Dispatch call ? Listen and observe Attempt voice contact Leave and return secretively
  32. AT THE SCENE CAUTIOUS ENTRY Maintain audio and visual of your partner Victim and suspect back to back or around the corner from each other Identify and control all present You tell them where to sit (be aware of weapons) Separate the victim and suspect(s) and witnesses
  33. OFFICER SAFETY Obtain as much info from dispatch as possible (history/ warrants/ PFA’s) Weapons Vehicles Separate parties Partner contact
  34. ADVOCATE / EMS SAFETY Many jurisdictions have victim advocates accompany officers to DV calls Regarding the need for EMS, if at all possible remove the threat (suspect) prior to their arrival.
  35. C. A. L. M. Establish control and setting the tone C. (control) A. (apart) L. (look) M. (moderate)
  36. ADDITIONAL OBSERVATIONS Record observations of suspects, victims, and children/ witnesses Emotional state...DESCRIBE IT Influence of alcohol/ drugs?
  37. INTERVIEWING YOUR responsibility is to make sure the victim gets the MOST accurate information possible with the least amount of trauma to the victim Try sitting down to elicit information ( remember they have been controlled, let them feel as though they are in control of WHAT they tell you) DONT COMPROMISE YOUR SAFETY THOUGH Ask them where would THEY like to go to talk Give them a minute to compose themselves...they need to feel they are safe to talk
  38. A. I. R. Victims of DV have usually been subjected to attacks on their self-esteem Be knowledgeable about resources for victims in your community A. (attention) I. (interested) R. (respect)
  39. ASK ABOUT THE PATTERN OF ABUSE If the victim doesn’t mention any other signs of physical, socio-psychological, sexual, or financial abuse or the denial of their civil rights... ASK.
  40. CHILDREN as WITNESSES They are often present Secondary traumatic effects Injuries? Did they get in the way? Children are often abused as well Children are also often used to control adult victims
  41. CHILDREN CONTINUED: They may not exhibit outward clues that the violence exists They may never discuss the violence Be age appropriate yet specific about your questioning Remember they may not know its wrong This could be all they know If you don’t know how to talk to children, find someone who does Consider they’ve been told don’t tell police
  42. SUSPECT INTERVIEWS NON-CUSTODIAL Suspect not in police custody (can leave at any time) Miranda warnings NOT required, if it becomes CUSTODIAL, MIRANDA, MUST be given PRIOR. CUSTODIAL Suspect is in custody Miranda is required
  43. PREPARE TO INTERROGATE(the suspect) Consider the motive, profile and demeanor of the suspect, adapt accordingly Begin with non-threatening questioning (arrest sheet info) The goal is get the suspect to talk Be familiar with the facts and circumstances Be familiar with suspects background
  44. PREPARE TO INTERROGATE cont: SAFETY. SAFETY. SAFETY. Two officer participation (show room if possible) Plan strategy and DISCUSS IT RECORDING EQUIPMENT LOCATION- take suspect from their element (remove their power) Station? and or Distraction Free zone
  45. LEGAL ISSUES Full faith and credit of protection orders In 1994 Congress enacted the Violence Against Women Act, directing jurisdictions to give full faith and credit to valid orders of protection issued BY OTHER JURISDICTIONS. Does it appear valid? Is there probable cause to believe a violation has occurred?
  46. VALIDITY vs. ENFORCEMENT The laws of the issuing jurisdiction control the validity of the terms of the order The laws of the enforcing jurisdiction control the terms of enforcement Confirm dates and file numbers Review newer orders When orders appear inconsistent- enforce the MORE RESTRICTIVE of the two
  47. DONT COMMIT CAREER SUICIDE Tracy Thurman vs City of Torrington 2.3 million awarded Proved Torrington treated DV cases less serious than stranger committed crimes
  48. PUBLIC DUTY DOCTRINE Prevents recovery against local government if one private citizen harms another Unless plaintiff can show that duty breached was personally owed to the individual, not public at large
  49. EXCEPTIONS TO THE PUBLICDUTY DOCTRINE Legislative intent Failure to enforce statutory requirements Rescue exception (negligence) Creation of a special relationship
  50. 7 COMMON CAREER SUICIDE AREAS FAILURE to provide info to victim re laws FAILURE to adequately train Arrest with NO PROBABLE CAUSE FAILURE to treat all DV cases the same FAILURE to take proper steps to protect public FAILURE to enforce court orders FAILURE to respond in a timely manner
  51. LONG LIVE YOURSUCCESSFUL CAREER Stay updated, Trained, and Educated Follow policies and procedures DO NOT make promises Supervisors- review, update and train
  52. ARREST? Probable cause- facts or circumstances that would lead a reasonable personto believe a crime has, is or will be committed AND that person has, is or will commit the crime. Do injuries automatically mean someone is going to jail? Investigate the injuries. Build probable cause!
  53. SELF-DEFENSE? A person’s justifiable use of force against another person when such force is NECESSARY to defend themselves or another against what they REASONABLY believe to be the use, or imminent use of unlawful physical force.
  54. SELF-DEFENSE? Person using force had a REASONABLE BELIEF THAT they were going to be PHYSICALLY attacked Risk of harm was ACTUAL OR IMMINENT The force used was that force reasonably NECESSARY to prevent or stop the attack Can’t get ahead Can’t get even
  55. PREDOMINANT AGGRESSOR Existence of offensive and defensive wounds Prior history of violence/ abuse Size strength and bulk of the parties Severity and extent of injuries Future injury? Fear? Intent? Other evidence
  56. DUAL ARREST? No self-defense No predominant aggressor Officers must have probable cause for BOTH DOCUMENT. DOCUMENT. DOCUMENT.
  57. EVIDENCE Preserve and collect it Identify all parties involved and whom observed The goal of prosecution is to not need victim testimony (cause you probably aren’t going to get it)
  58. CRIME SCENE GLOVES. GLOVES. GLOVES. Observations- document! Photographs Physical evidence Weapons Statements- notarize them Diagram of scene
  59. ONE CHANCE You may only have one chance to collect Damaged or bloodied clothing Tufts of hair Bodily fluids Damaged keepsakes- who did it belong to? Shows control and intimidation Empty beer cans/ drug use evidence
  60. FOLLOW-UP Photographs Call logs Letters Messages from family or friends from suspect Do you have stalking? Unwanted course of conduct
  61. THANK YOU! BE SAFE! MPO Hailey Knoll Garden City Police Department 620-276-1300 My cell- 620-260-5377 “Prepare for the worst, so only the best can happen” ~ unknown
  62. CREDITS

    FLETC and US DEPARTMENT of HOMELAND SECURITY INTERNATIONAL ASSOCIATION OF POLICE GOVENORS OFFICE and the GARDEN CITY POLICE DEPARTMENT