Transcript Domestic Violence Basics

Domestic Violence Basics
Hailey Knoll
Master Patrol Officer
Garden City Police Department
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
OBJECTIVES CONTINUED:
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Officer Safety
Evidence
Liability and legal issues
Arrest
Follow-up
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
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
Common battering perceptions
(excuses)
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Victims Behavior
Illness
Genetics
Cultural norms
Alcohol
Stress
Learned Behavior
Continued excuses:
• Anger Management
• Family Issue
• It is her fault
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
POWER AND CONTROL
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Intimidation
Coercion and threats
Male privilege
Economic abuse
Using children
Isolation
POWER AND CONTROL CONTINUED:
• Minimizing, denying and blaming
• Emotional abuse
Barriers to Victim Safety
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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
Barriers continued:
• Disability
• Minimizing the behavior
• Maintaining access to the batterer
• Kids/ work/ family etc.
Shelter Options?
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Sexual orientation?
Older children?
Pets?
Substance abuse?
Diet and medical restrictions?
• Are YOUR shelters prepared to handle those
situations?
6 things to say to a victim:
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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
HOW ARE WE DIVERSE?
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Age
Language
Gender
Ethnicity
Sexual orientation
Education
Socio/ Economic status
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Religion/ culture
Disability
Race
Geographical (urban/
rural)
CULTURAL DIVERSITY
• Cultures reflect a range of differences and
similarities
• One must respect each other’s cultural when
responding to domestic violence incidents
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
LETHALITY INDICATORS
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Threats or fantasies of homicide or suicide
Weapons
Pregnancy of victim
Harming or killing pets
Key phrases... “I own him/her.”
Lethality Continued:
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Obsession with the victim/ family
Depression/ mental illness
Access to victim/ family
Hostage taking
Escalation of batterer...risk taking
DANGER & RISK
INDICATORS
• Prior contacts with LEO
• Increasing number of violations of a
protection order
• PREGNANCY
• Drug and Alcohol consumption
• Increase in frequency/ severity of abuse
DANGER AND RISK
CONTINUED:
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Strangulation
Battering during pregnancy
Cruelty to pets and damage to property
Violence towards children
OFFICER SAFETY
VICTIM SAFETY
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
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
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
SAFETY ISSUES CONTINUED:
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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
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?
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”?
Dangers in Responding to
Domestic Violence Calls
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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
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.
AT THE SCENE
• No answer at the door, no audible or visual
activity
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Dispatch call ?
Listen and observe
Attempt voice contact
Leave and return secretively
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
OFFICER SAFETY
• Obtain as much info from dispatch as possible
(history/ warrants/ PFA’s)
• Weapons
• Vehicles
• Separate parties
• Partner contact
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.
C. A. L. M.
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Establish control and setting the tone
C. (control)
A. (apart)
L. (look)
M. (moderate)
ADDITIONAL OBSERVATIONS
• Record observations of suspects, victims, and
children/ witnesses
• Emotional state...DESCRIBE IT
• Influence of alcohol/ drugs?
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
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)
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.
CHILDREN as WITNESSES
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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
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
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
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
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
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?
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
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
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
EXCEPTIONS TO THE PUBLIC
DUTY DOCTRINE
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Legislative intent
Failure to enforce statutory requirements
Rescue exception (negligence)
Creation of a special relationship
7 COMMON CAREER SUICIDE AREAS
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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
LONG LIVE YOUR
SUCCESSFUL CAREER
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Stay updated, Trained, and Educated
Follow policies and procedures
DO NOT make promises
Supervisors- review, update and train
ARREST?
• Probable cause- facts or circumstances that
would lead a reasonable person to 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!
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.
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
PREDOMINANT AGGRESSOR
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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
DUAL ARREST?
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No self-defense
No predominant aggressor
Officers must have probable cause for BOTH
DOCUMENT. DOCUMENT. DOCUMENT.
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)
CRIME SCENE
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GLOVES. GLOVES. GLOVES.
Observations- document!
Photographs
Physical evidence
Weapons
Statements- notarize them
Diagram of scene
ONE CHANCE
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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
FOLLOW-UP
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Photographs
Call logs
Letters
Messages from family or friends from suspect
• Do you have stalking?
• Unwanted course of conduct
THANK YOU!
BE SAFE!
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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
CREDITS
FLETC and US DEPARTMENT of HOMELAND SECURITY
INTERNATIONAL ASSOCIATION OF POLICE
GOVENORS OFFICE
and the
GARDEN CITY POLICE DEPARTMENT