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Investigating Domestic Violence

Investigating Domestic Violence. “Best Practices”. Pete Helein Chief of Police Appleton Police Department. Oshkosh - May 23, 2013 . Lunch Exercise. Engaging Stakeholders. How Do You Engage? How Might You Benefit? How Do You Encourage Victims To Report?. Objectives.

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Investigating Domestic Violence

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  1. Investigating Domestic Violence “Best Practices” Pete Helein Chief of Police Appleton Police Department Oshkosh - May 23, 2013

  2. Lunch Exercise Engaging Stakeholders How Do You Engage? How Might You Benefit? How Do You Encourage Victims To Report?

  3. Objectives Understanding The Victim Review Mandatory Arrest Standards Determining The Primary Aggressor Physical, Sexual And Emotional Violence Connecting With Children Building Your Case

  4. This Presentation Does Not Constitute Legal Advice. You’re Encouraged To Consult Your Local Prosecutor If You Have Questions That Require A Legal Opinion.

  5. The First Step In Solving A Problem Is… Understanding It

  6. Law enforcement officers are key to: prioritizing communicating and reinforcingthe commitment to end domestic violence.

  7. Share Your Vision, Communicate Your Expectations, and Lead By Example

  8. Develop A Community Agenda To Prevent Domestic Violence Homicides

  9. Encourage your community to recognize sexual, physical, and emotional violence as a community problem, not exclusively a police problem.

  10. Frustrations and Challenges

  11. Quick Fixes and Magical Solutions

  12. Do What You Do Best

  13. Best Practices Positive Relationships Clear Communication Shared Expectations Training

  14. Best Practices Citizens - reporting violence Advocates - supporting victims Police - gathering evidence Prosecutors - holding abusers accountable Probation and Parole – holding abusers accountable

  15. Mandatory Arrest A law enforcement officer shall arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing, or has committed domestic abuse and that the person's actions constitute the commission of a crime; and any of the following apply: §968.075(2), Wis. Stats.

  16. Intentionally inflicted physical pain, injury or illness • Intentionally impaired the victim’s physical condition • Constitute 1st, 2nd, or 3rd degree sexual assault • Caused the victim to fear they are about to be physically harmed or assaulted

  17. Does the Officer… Reasonably believe there is a likelihood of continued abuse (Bodily harm, sexual assault, impairment or threat of harm assault) against the victim Have evidence of physical injury to the victim

  18. Consent • An officer's decision as to whether or not to arrest may not be based upon the consent of the victim to any subsequent prosecution or on the relationship of the parties. §968.075(3)(c), Wis. Stats.

  19. Visible Injury • An officer's decision not to arrest may not be based solely upon the absence of visible indications of injury or impairment. §968.075(3)(d), Wis. Stats.

  20. Determining The Predominant Aggressor

  21. Predominant Aggressor When an officer has reasonable grounds to believe that adult spouses, former spouses, or other adult persons that reside or have resided together or have a child in common, are committing or have committed domestic abuse against each other, the officer does not have to arrest both persons, but should arrest the person whom the officer believes to be the Predominant Aggressor. §968.075(2)(am), Wis. Stats.

  22. Self-Defense A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person believes to be an unlawful interference with his or her person.

  23. ELEMENTS OFSELF-DEFENSE • Person using force had a reasonable belief that s/he was at risk of bodily harm. • Risk of harm was actual or imminent. • The force used was that force reasonably necessary to prevent or stop the infliction of bodily harm.

  24. Use of Force Continuum

  25. Defensive Actions

  26. Dual Arrest The custodial arrest and confinement of two or more people for committing domestic abuse crimes

  27. Offenders often use cross complaints to punish victims

  28. Consequences of Inappropriate Dual Arrests • Lessens ability to prosecute • Victims are further victimized • Decreases chances victim will seek further help • Increases liability • Abusers gain power and control

  29. Dual Arrests should belimited to those incidents when an officer determines that both parties were mutual combatants, equally involved in the commission of a crime against another person, and neither person was acting in self-defense.

  30. The Predominant Aggressor is not necessarily the first person who strikes another person

  31. The Predominant Aggressor refers to the person who the investigating officer determines has engaged in criminal behavior and was not acting in a manner consistent with self-defense

  32. Determining the Predominant Aggressor, Consider: • The intent of the law to protect victims of domestic violence • The relative degree of injury or fear inflicted on the persons involved • Any history of domestic abuse between the persons, if that history can be reasonably ascertained by the officer

  33. Officers Should Also Consider Level of violence Injuries sustained from actions consistent with self-defense include bite marks on the chest, biceps or forearms and scratches on the face, chest, or neck An individual’s ability to defend themselves Past or present signs of fear Use of Power and Control Tactics Criminal history of involved parties Past or present Restraining Orders

  34. Frustrations With The Victim

  35. What Is The Most Significant Challenge? Victims…too afraid to testify because the suspect has threatened to kill them and/or their children.

  36. POWER AND CONTROL POWER AND CONTROL POWER AND CONTROL

  37. Stalking

  38. Strangulation Intentional Act Over A Sustained Period Of Time…

  39. Seek To Understand Before You Wish To Be Understood

  40. BARRIERS TO LEAVING • Relentless behavior of batterer • Fear of what the batterer might do • Fear for children • Financial dependence • Isolation/lack of support

  41. Help victims help themselves… What you tell them will make a difference

  42. A Victim’s Consent and Cooperation Are The Gateway To A Thorough Investigation

  43. Gathering Evidence “5 Things To Tell A Victim” • I’m afraid for your safety • I’m afraid for the safety of your children • It will only get worse • I’m here for you. • You don’t deserve to be abused.”(Sarah Buel)

  44. Preserving The Evidence • Safety Plans • Shelters • Protection Orders • Bail Conditions • Seizing Firearms and Ammunition • Compassion

  45. Evaluating Injuries

  46. Defensive Injuries • Injuries sustained when a person is trying to defend herself or himself • Wounds can be either on the victim or the offender • Victim admits violence • Suspect blames victim

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