1. Assault, Domestic Violence, Stalking and Elder Abuse
Chapter 8
Assault, Domestic Violence, Stalking and Elder Abuse

2. Definition of Assault
Assault is “an intentional, unlawful act of injury to another by force, or force directed toward another person, under circumstances that create fear of imminent peril, coupled with an apparent ability to execute the attempt, in not prevented. The intention to harm is of the essence. Mere words, although provoking or insulting, are not sufficient.” (Naler v. State, 1933).

3. Another Definition of Assault
Assault is “an intentional, unlawful act of injury to another by force, or force directed toward another person, under circumstances that create fear of imminent peril, coupled with an apparent ability to execute the attempt, if not prevented.”

4. The Term Assault is Synonymous with Battery.
Simple assault is intentionally causing another person to fear immediate bodily harm or death or intentionally inflicting or attempting to inflict bodily harm on the person.
Aggravated assault is an unlawful attack by one person on another to inflict severe bodily injury.

5. Elements of the Crime of Simple Assault are
Intent to do bodily harm to another
Present ability to commit the act
Commission of an overt act toward carrying out the intention

6. Aggravated Assault An additional element of aggravated assault is
that the intentionally inflicted bodily injury must
have resulted in one of the following:
A high probability of death
Serious permanent disfigurement
Permanent or protracted loss or impairment of the function of any body member or organ or other severe bodily harm

7. Special Challenges in Investigation of Assault
Distinguishing the victim from the suspect
Determining whether the matter is civil or criminal
Determining whether the matter was intentional or accidental
Obtaining a complaint against the offender
Sometimes such calls are dangerous for responding officers

8. The Preliminary Investigation
Control and disarm those involved in the altercation
Provide medical aid to injured people
Separate Suspects
Protect crime scene
Give Miranda Warning if applicable
Obtain preliminary statements
Photograph evidence
Collect and preserve evidence
Reconstruct the crime

9. Proving the Elements of Assault
Establish the intent to cause injury
The severity of the injury inflicted
And whether a dangerous weapon was used

10. Evidence in Assault Investigation
Physical evidence in an assault includes photographs of injuries, clothing of the victim or suspect, weapons, broken objects, bloodstains, hairs, fibers and other signs of an altercation.

11. Investigating Domestic Violence
Domestic violence is a pattern of behaviors involving physical, sexual, economic and emotional abuse, alone or in combination, by an intimate partner often to establish and maintain power and control over the other partner.

12. Prevalence of Domestic Violence
In 1999, 791,210 violent crimes by a current or former spouse, boyfriend, or girlfriend
671,110 (85%) against females
120,100 (15%) against males

13. Other Types of Domestic Violence
Women as abusers
Gay and Lesbian domestic violence
Abuser is a police officer

14. Predictors and Precipitators of Domestic Violence
A past history of family violence
Animal cruelty
Drug and alcohol abuse
Presence of firearms changes the complexion of domestic violence
When a gun is involved in a domestic dispute, it is 12 times more likely that the violence will end in death

15. Suggestions for Police Officers Responding to Domestic Violence
Keep surprise on your side
Never go to the scene alone; have back-up
Follow officer safety basics
Remain aware of your environment
Keep participants separated
Do not give them the upper hand, protect your firearm

16. Effectiveness of Various Interventions
Mandatory Arrest Policy
Restraining Orders
Legislation
Cell phones for victims
Documentation by Health Care Workers
Community Policing

17. Stalking
A stalker is someone who intentionally and repeatedly follows, tries to contact, harasses and/or intimidates another person.
The willful or intentional commission of a series of acts that would cause a reasonable person to fear death or serious bodily injury and that, in fact, does place the victim in fear of death or serious bodily injury.

18. Types of Stalking Intimate or former intimate stalking
Acquaintance stalking
Stranger stalking

19. Elder Abuse
Elder abuse is the physical and emotional abuse, financial exploitation and general neglect of the elderly. The extent of elder abuse is currently unknown.