Transcript Domestic Violence - NMDPS Law Enforcement Academy

Biennium In-Service
Domestic Violence
NMDPS Accreditation Number NM14113G
Domestic violence is an unpleasant problem
affecting significant numbers of people in
every country through out the world, and
remains one of the most difficult and
politically sensitive of social issues to
manage.
Domestic violence is abusive behavior
directed toward someone with whom an
intimate relationship currently or formally
existed.
• Domestic Violence is a pattern of coercive
behaviors that involves physical abuse or
the threat of physical abuse. This can
include repeated psychological abuse,
sexual assault, progressive social isolation,
deprivation, intimidation, or economic
coercion.
State Statue Definition:
30-3-11 As used in the Crimes Against Household
Members Act [30-3-10 NMSA 1978], “household
member” means a spouse, former spouse or family
member, including a relative, parent, present or former
step-parent, present or former in-law, or a co-parent of
a child or person with whom a person has had a
continuing personal relationship. Cohabitation is not
necessary to be deemed a household member for the
purposes of the Crimes Against Household Members Act.
Domestic Violence Statistics
• FBI reported Domestic Violence is the 2nd
most committed crime in the United States
(Petty Larceny is #1)
• The National Health Survey of American
Women reported, each year, 7% of all
American women are physically abused by
their spouse or partner.
• The National Coalition Against Domestic
Violence reports, every year there are
more women beaten by a spouse or
intimate partner than are injured in auto
accidents, rapes and muggings combined.
• Domestic Violence is perpetrated by adults
or adolescents against their intimate
partners in current or former dating,
married or cohabitating relationships of
heterosexuals, gay men, lesbians,
bisexuals or transgender individuals.
• Battering is the major cause of injury to women
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aged 14-45, causing more injuries than auto
accidents, muggings, and rapes combined.
One in ten cases of women abused by their male
partner are reported.
50% to 70% of men who abuse their female
partners also physically abuse their children
Reported by New Mexico Attorney General’s Office
On average, more than three women are
murdered by their husbands or boyfriends
in this country everyday.
Bureau of Justice Statistics, Crime Data Brief, Intimate Partner Violence, 1993-2001, February 2003
Old Attitudes regarding Domestic
Violence
• It’s a private matter or “family” matter
• Restore the peace and get back on the road
• If there are marks on both parties, it’s a mutual
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problem and both are arrested
If there are no marks, I can’t do anything
If I didn’t see it, there is nothing I can do
Tell the guy to take a walk around the block and
“cool off”
Separate the couple and suggest they get
counseling
• In the past, police have tried to mediate,
separate, and make couples "just get through the
night" when violence was present in the home.
That approach to domestic violence only
perpetuated the problem, as children in those
violent homes became the next generation of
victims and batterers. All too often the only end to
this cycle was homicide and suicide. Such crisis
intervention techniques ignored the criminal nature
of these acts simply because the crimes occurred in
the home.
• In recent years, police departments
have found arrest to be an effective early
intervention strategy which dramatically
reduces the domestic homicide rate and
repeat calls for service. By working to
stop the violence, make the victim
safe, and hold the batterer
accountable, police can break the
cycle of violence.
Emerging/Current Attitudes regarding “Domestics”
• Domestic Violence calls are taken seriously
because it affects everyone in the
community
• More thorough investigations are
conducted
• Rights and information about services and
legal remedies that may be available are
explained to the victim
New Trends
• Specialized law enforcement units
• Increased and specialized training of law
enforcement officers
• Specialized victims services/advocates
• Collaboration between law enforcement
and victims services/advocates
• Recognition of the impact on children;
children as witnesses
• Participation in coordinated community
responses to domestic violence
• Recognition of teen dating violence
• Establishment of fatality review teams
(adult and children victims)
• More attention to safety planning for
battered women and their children
CYCLE OF
VIOLENCE
CYCLE OF VIOLENCE
• IT IS A REOCCURING BEHAVIORAL
PATTERN WHERE THE OFFENDER
SWINGS BETWEEN AFFECTIONATE,
REMORSEFUL CALM & PERIODS OR
TENSE DEMANDS CULMINATING IN
VIOLENCE.
CYCLE OF VIOLENCE
• According to this widely accepted theory
developed by Dr. Lenore Walker, there are
three distinct cycles within the abusive
relationship. There is the (1) tension
building phase, the (2) acute battering
incident, and the (3) honeymoon phase.
CYCLE OF VIOLENCE
Phase One - Tension Building
This phase is marked by an increase in tension
where a victim will report "walking on
eggshells" in order to try to avoid the
battering.
a) Tension building may last hours or months or
even years.
b) The soon-to-be aggressor is edgy, irritable,
possessive, demanding.
c) Minor outbursts may betray his mounting anger
and aggression.
d) The victim may deny or withdraw from
stressful periods, or be too nurturing or
compliant in order to avoid further
confrontations.
e) This proves futile because the victim can not
accommodate the aggressor's unrealistic
demands.
f) Psychological warfare
CYCLE OF VIOLENCE
Phase II - Acute battering
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In this phase, the acute battering incidents may vary from verbal
and physical aggression to punching, stabbing, or even homicide.
a) The aggressor explodes having convinced himself that violence is
justified.
b) Actions may range from shoving, slapping, or punching or
escalate to sexual abuse, torture or murder.
c) Even without physical attack the victim may threatened with a
knife or gun.
d) Pets and property may be destroyed.
e) Police are called during this phase.
f) Most dangerous cycle because violence is usually occurring.
g) The aggressor will be angry, the victim will be fearful.
h) The victim may consciously or subconsciously provoke the attack
to get it over.
CYCLE OF VIOLENCE
Phase III – Honeymoon
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Phase three is marked by denying or minimizing the violence, promises and
apologies, and the hope that the battering will never happen again.
a) This is the loving period when the aggressor expresses regret about the
damages and injury, and may deny his responsibility.
b) He apologizes and attempts to comfort the victim and promises better
treatment in the future.
c) The aggressor is apologetic and loving. This may be the only time that
he/she is good to the victim.
d) The victim wants to believe that this will not happen again.
e) Police often arrive in this phase, and thus both victim and suspect are
reluctant to talk with the officers.
f) In prolonged abusive relationship, phase III becomes a time when there
is simply an absence of violence.
Over time the abuse dangerously escalates and the honeymoon phase
shortens and sometimes disappears entirely. The time of the cycle varies
from relationship to relationship.
DYNAMICS OF THE OFFENDER
Why Offenders Batter
• Key Point: For the batterer the violence is
about power and control. Looking at
the victim’s behavior as an explanation for
the violence takes the focus off the
perpetrator's responsibility and
unintentionally supports the abuser’s
violent behavior.
• The batterers behaviors are choices
Power and Control
• Recurring violence is not a blind lashing
out or random, uncontrolled outburst of
anger.
• Offenders carefully pick the time, place,
target & means no matter how out of
control they may seem.
Gain Power and Control
– Physical Assaults
During a violent episode, the offender will often feel an increased sense of
power
– Emotional/Verbal Abuse
– Intimidation
– Using Coercion and Threats
– Stalking/Harassment
– Economic abuse
– Isolation
– Using Children
– Minimizing, Denying, blaming
Offenders carefully pick the time, place, target & means no matter how out of
control they many seem
• It works/gets them what they want
– Violence has short-lived benefits and is ultimately
destructive
• Learned behavior
– 50% of the men who abuse women were either
abused as a child or saw their mother abused
– Learned through observation
• Can be learned at an early age
• Can be learned from peer groups, television, etc.
Battering is NOT caused by:
– Illness (less than 5%)
– Genetics (D.V. is learned)
– Alcohol
– Out of Control Behavior
– Stress
– Anger
– Victim’s Behavior
Signs of Battering Personality
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Jealousy
Controlling Behavior
Unrealistic Expectations
Isolation
Blames Others for
Problems
• Blames Others for
Feelings
• Hypersensitivity
• Cruelty to Animals or
Children
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Verbal Abuse
Dr. Jekyll and Mr. Hyde
History of Battering
Threats of Violence
Breaking or Striking
Objects
Use of Force During an
Argument
The Victims
• The victims are usually female
• The victim has learned from negative
reinforcement
– Uses the safety provided by the officers
arrival to vent
– May not wish for any action to be taken
– May hinder the investigation
• The victim often experiences fear of many
things:
– The perpetrator
– The perpetrator’s family
– Losing their job
– Starting over
– Being alone
– Failing in the relationship
• The victim often leaves the perpetrator
many time before they can leave for good
• The victim many times experiences
Isolation:
– Isolation from family
– Isolation from friends
– Isolation from employment
• Physical as well as emotional isolation is
often times experienced by the victim
• Many victims try to leave only to be
followed, pursued, terrorized & reassaulted.
• PHYSICAL HAZARDS- offender repeatedly
threatens to kill the victim, the children or
himself if she leaves.
Barriers to Women Leaving
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Fear for Safety of self and Other
Fear for Children
Financial Dependence
Religious Beliefs
Isolation/Lack of Support
Shame
Low Self-esteem
Culture
Language
• Extreme high housing start up costs
• Difficulty in obtaining legal assistance
• Difficulty in finding an adequately paying
job
• Problems related to the kids-moving the
household and & avoiding absenteeism on
the job.
• Feelings of fear, loneliness & vulnerability
• Pressure from family & friends to “give it
one more try.”
• Repeated pleas from the offender to come
back & keep the family together
• Cultural pressures to “reunite the family”
• Pleas from the kids to “bring Daddy
home”.
• Memories of the “good times”
• Continued harassment, possible assaults
or violations of child custody
arrangements by the offender.
The Children
• Children are the forgotten victim
• Children often learn that violence is an
acceptable part of family/intimate life.
• Often learn to use violence to express
frustration and anger
• May blame themselves for the problems
• May be emotionally or physically neglected
• Children may be injured:
– Accidentally
– Intentionally
– While trying to intervene
Investigations
Once the scene has been made safe and
everything has been calmed down, the
victim and suspect can be interviewed.
Interviewing the Victim
A common thread that must run through the
interviewing of victims of any crime is
concern and respect for the victim. The
officer must always be professional and
utilize common courtesy as well as overall
objectiveness and open mindedness.
The way in which you engage the victim can
serve to either open up the channels of
communication, or completely shut them
down.
Interviewing the Suspect
Remember, batterers are manipulative in
nature, and will do all they can to get you
to collude with them and be on their side.
Interviewing Witnesses
Interview anyone that might have heard or
seen anything.
Don’t forget about the children.
The Arrest
One problem that has been occurring
nationwide as a result of a more
aggressive approach to domestic violence
is the occurrence of mutual arrest.
• The occurrence of dual arrests further
alienates the victim causing her to distrust
the system and be reluctant to seek help
in the future.
• It further enables the suspect who now
believes that he has won and what he has
done isn’t all that bad.
• When responding to a domestic violence
call officers must first confirm that neither
party used force in self-defense. All selfdefense claims should be completely
explored before moving to a
predominant/primary aggressor analysis.
PRIMARY AGGRESSOR – DUAL ARRESTS
• 40-13-1.1
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Legislative findings; state policy;
dual arrests
The legislature finds that domestic abuse incidents are
complex and require special training on the part of law
enforcement officers to respond appropriately to
domestic abuse incidents. The state of New Mexico
discourages dual arrests of persons involved in incidents
of domestic abuse. A law enforcement officer, in making
an arrests for domestic abuse, shall seek to identify and
shall consider whether one of the parties acted in self
defense.
• If two or more persons make a complaint of
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family violence to an officer, the officer should
try and determine who was the prominent
aggressor.
Arrest is the preferred response only in regard to
the predominant aggressor.
Arrest is not the appropriate response for a
person who was not the predominant aggressor.
The officer shall consider:
• History of domestic abuse between the parties;
• Relative severity of injuries inflicted on each person;
• Evidence from the persons involved in the domestic
abuse;
• The likelihood of future injury to each person;
• Whether one of the persons acted in self-defense;
and
• Evidence/statements obtained from the witnesses.
• An officer should not threaten, suggest or
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otherwise indicate the possible arrest of all
parties to discourage future requests for
intervention by police.
An officer should not base the decision to arrest
on the consent of the victim or the officer’s
perception of the willingness of the victim to
testify or participate in a judicial proceeding.
Predominant Aggressor Analysis
Compare the following:
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Severity of injury
Presence of fear
Use of force
Intimidation
Prior history of abuse
Likelihood to cause future harm
Body language
Witnesses
Self Defense wounds
Report Writing
• Your report should describe in detail the
gravity of the problem with both current
and historical information about the
relationship and violence.
Purpose of your report
• Establishes that a crime was committed
and details the elements of the crime
• Communicates all relevant information for
actions taken by law enforcement,
including reason for investigation
• Is a permanent record of your
observations and actions regarding a
particular incident
Characteristics of a Well Written Report
1. Factual
a) Includes exact statements. Contains excited
utterances in quotes
b) Demonstrates emotions through the use of
description of demeanor
c) Facts are items, which can be verified
through one of your fives senses
• Sight, hearing, touch, taste and smell
2. Accurate
a) Time of dispatch, response, incident recorded as
exactly as possible
b) Correct names, dates of birth, addresses, and
identification of all parties including children and
witnesses
c) Measurements included are accurate, ser # of
weapons noted, detailed description of weapons.
Scene accurately described
d) Injuries are carefully noted, described and
documented
3. Objective
a) Contains descriptive language, not opinions
b) Contains all accounts of incident, even if conflicting
4. Complete, yet concise and clear
a) Contains Who, When, What, Where and How in
detail
b) Explains why, if applicable, in an objective manner
c) Uses direct language
d) Indicates arrest/warrant information
5. Includes available supplemental
documents/forms to accentuate evidence
uncovered during the case investigation
6. Includes history of violence used by
offender, including known criminal
history
Terminology
• Abrasions—scraping away of skin or
mucous membrane
• Lacerations—Injury caused by force (tear)
• Cut—Injury with sharp object (incision)
• Fracture—breaking of the bone
• Contusions/Bruises—a traumatic injury (usually
to the skin but sometimes to internal organs) in
which blood vessels are broken but tissue
surfaces remain intact.
– Bruises can not be dated, as the rate at which a
contusion will heal is not predictable
• Is dependant upon impacted force
• Vasuclarity of injury site
• Underlying structures at the impact site
• Choking—internal (obstruction)
• Strangulation—external (force is applied)
Liability
Six Most Common Areas of Officer Liability
1. Failure to take proper actions to protect a citizen
2. Failure to appropriately enforce a court order
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protecting a victim of domestic abuse
Failure to respond at all or in a timely manner
Failure to provide information to a victim as required
by law
Arresting a citizen without establishing probable cause.
Exhibiting a pattern of differential treatment or
application of the law to domestic abuse cases.
FEDERAL CIVIL RIGHTS ACT
• (42 U.S.C. 1983), ALLOWS SUITS
AGAINST MUNICIPALITIES AND
MUNICIPAL OFFICERS
Protection Orders
A protection order is a court order that is designed
to stop violent and harassing behavior between
a victim and the abuser.
• This includes family member, domestic partner, or former
domestic partner including:
– Spouse, former spouse, family member, including a relative,
parent, present or former stepparent, present or former in-law,
child or co-parent of a child, or dating partner or previous
dating partner.
– Note: Same-sex partners and minors are eligible to file for
protection orders. Cohabitation is not necessary to be deemed
a household member for purposes of this section
Types of Protection Orders:
1.
Emergency Order—40-13-3.2
The district court may issue an ex parte written emergency order of
protection when a law enforcement officer states to the court in
person, by telephone or via facsimile and files a sworn written
statement, setting forth the need for an emergency order of
protection, and the court finds reasonable grounds to believe that the
petitioner or the petitioner’s child is in immediate danger of domestic
abuse following an incident of domestic abuse by a household
member. The written statement shall include the location and
telephone number of the respondent.
The order is good for 72 hours or until the close of business the next business
day which ever of those is later. The victim must file for a temporary
order during business hours as soon as possible.
2. Temporary Order of Protection—40-13-4
Petition is filed by victim in District Court. The court
can issue a temporary order of protection if there is
probable cause to give the judge reason to believe
an act of domestic violence has occurred.
A hearing shall be held within 10 days to question
the continuing the order.
3. Order of protection—40-13-5
Can be issued only after a court hearing.
Permanent orders typically last up to six
months if you have a child with the abuser,
or can last up to one year if there are no
children. On rare occasions a judge may
grant orders for longer periods of time.
Full Faith and Credit
FULL FAITH AND CREDIT
• THE VIOLENCE AGAINST WOMEN ACT (VAWA)
WAS SIGNED INTO LAW IN 1994 BY PRESIDENT
BILL CLINTON AS A MEANS OF PROVIDING AS
MUCH LEGAL SIGNIFICANCE AS POSSIBLE TO
ORDERS OF PROTECTION. THE VAWA REQUIRES
ALL STATE AND TRIBAL COURTS AND COURTS IN
US TERRITORIES, TO ACCORD FULL FAITH AND
CREDIT TO ORDERS OF PROTECTION ISSUED
FROM OTHER JURISDICTIONS.
• THUS, UNDER THE CONDITIONS SET
FORTH IN THE VAWA, THE LAW PROVIDES
FOR MANDATORY NATIOWIDE
ENFORCEMENT OF ORDERS OF
PROTECTION FOR VICTIMS OF CRIMES
AGAINST WOMEN.
Validity of the Order:
• IS THE NAME OF THE STATE COURT THAT ISSUED THE
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ORDER PRESENT ON THE FACE OF THE ORDER?
ARE THE NAMES OF THE PARTIES THAT ARE SUBJECT
TO THE ORDER IDENTIFIED?
DOES THE ORDER STATE THAT THE COURT HAD
JURISDICTION OVER THE SUBJECT MATTER AND THE
PARTIES?
DOES THE ORDER SHOW THE SIGNATURE OF A JUDGE
OR JUDICIAL OFFICER?
DOES THE ORDER SHOW AN EXPIRATION DATE?
An order of protection issued in another
jurisdiction is enforceable when:
•the order appears to be valid
•there is probable cause to believe that a
violation of the order occurred in the
enforcing jurisdiction
Verification Methods
Verification can be accomplished by any ONE of the
following methods:
•Confirmation of the elements of an order in the NCIC
Protection Order File
•Confirmation through communication with the issuing
court
•Review of the elements of an order in the state or local
protection order registry of the issuing jurisdiction
•Review of the elements of an order if previously filed
with authorities in the enforcing jurisdiction
•Personal knowledge of the officer
What is NOT required under
Federal law
• Certification form be attached
• That the order or the signature of
the issuing authority be original
• The order contain raised seal or
stamp of the issuing court
• That the victim register the order
in the enforcing jurisdiction