3POLICE RESPONSE TO DOMESTIC VIOLENCE College researchFounder of S.A.A.W.Leadership Award, May 2005Graduate School term paper
4OBJECTIVES1. Define what constitutes a domestic relationship according to Village of Chester rules and regulations.2. State two influences in which the acceptance of domestic violence is approved and learned.3. State two reasons that police historically failed to intervene in cases of domestic violence.
5OBJECTIVES4. State three factors of information that police should ascertain from central prior to arrival on scene of a domestic violence call.5. State two signs that a victim was strangled.6. State the three most common locations of intimate partner injuries.
6OBJECTIVES7. State provisions under the New York State mandatory arrest law in which you can arrest a domestic violence offender.8. State a domestic violence social service group you may contact in Orange County.
7POLICE RESPONSE TO DOMESTIC VIOLENCE A Domestic Relationship can be defined in several ways. The mandatory arrest policy in NYS defines “family relationships” as current or former spouses, persons who have a child-in-common. However, most police departments in NYS expand the definition of domestic relationship to include intimate partners (without a child-in-common), partners who live together or who have lived together in the past, or persons in current or former dating or intimate relationships.
8POLICE RESPONSE TO DOMESTIC VIOLENCE A Domestic Incident can include any disturbance, dispute, violence, threatened or actual report of an offense between individuals within a domestic relationship where police intervention occurs. A domestic incident is not necessarily a violation of law.
9POLICE RESPONSE TO DOMESTIC VIOLENCE Domestic Violence is a pattern of behavior involving coercion exerted by one family member or intimate partner over another with the goal of establishing, demonstrating or maintaining power and control.Domestic violence is when one person does a variety of things to control another person in an intimate relationship.The shift in power can happen very slowly or quickly.
10POLICE RESPONSE TO DOMESTIC VIOLENCE New York State law mandates that the Domestic Incident Report (DIR) (NYS DCJS /2005 be used in the reporting, recording and investigation of all alleged domestic incidents, regardless of whether an arrest is made, and regardless of whether a crime has been committed.
11POLICE RESPONSE TO DOMESTIC VIOLENCE The DIR is structured to promote victim safety, officer safety and offender accountability. It is designed to help identify and document the nature of incidents that confront officers and guide their investigation of those incidents.
12POLICE RESPONSE TO DOMESTIC VIOLENCE “Officers shall respond to and document all domestic incidents reported to the police. In the course of their investigation, officers must determine whether or not domestic violence is occurring”.
13POLICE RESPONSE TO DOMESTIC VIOLENCE Naturally, it is an officer’s training and intuition that will ultimately guide any investigation and documentation of an incident.Nevertheless, knowing that victims of domestic violence (unlike victims of other types of crimes) are often re-victimized by their offenders, it is critical that victim safety be paramount in the investigation of any domestic incident.
14POLICE RESPONSE TO DOMESTIC VIOLENCE Village of Chester Domestic Violence Policy2-70 of Rules and Regulations
15POLICE RESPONSE TO DOMESTIC VIOLENCE Family Offenses Aggravated Harassment 2nd Criminal Mischief Harassment 1st or 2nd Assault 2nd or 3rd Disorderly Conduct Attempted Assault Reckless Endangerment Menacing 2nd or 3rd Stalking 1st, 2nd, 3rd, 4th
16POLICE RESPONSE TO DOMESTIC VIOLENCE Family Offenses Commences with filing of petition alleging AC-HAD-ARMS 1. Police may originate 2. Concurrent jurisdiction Family Court and Criminal Court. Case can proceed in BOTH courts at the same time.
17THE POLICE RESPONSE TO DOMESTIC VIOLENCE Some Facts about Domestic Violence:1 in 4 women will experience domestic violence in their lifetime.Almost 1/3 of all female homicide victims in the U.S. were killed by their intimate partner.Approximately 450,000 domestic incidents are reported annually to police departments in NYS.
18POLICE RESPONSE TO DOMESTIC VIOLENCE The social learning of domestic violenceFamilyMediaPeersGovernment
19POLICE RESPONSE TO DOMESTIC VIOLENCE Family:Social learning theorists commonly acknowledge that the family is one of the most important contexts in reasons for which domestic violence learned to be acceptable.Not only taught but witnessed .
20POLICE RESPONSE TO DOMESTIC VIOLENCE Media:Plays an important role in teaching conformity to society.Women are seen and portrayed many times in the media as objects.Advertisements, billboards, commercials, and television in general uses sex to sell.Many cases the media devaluates women.
21POLICE RESPONSE TO DOMESTIC VIOLENCE Peers:Males want to feel part of the inner circle of masculinity.Any male who steps outside the lines is considered “gay”, “feminine”, or any other stereotypical term.Male peer groups reinforce young males to many of the values they have already learned from families.
22POLICE RESPONSE TO DOMESTIC VIOLENCE Government:Historically run by males.Historic police failures.Lack of federal and state laws.
23POLICE RESPONSE TO DOMESTIC VIOLENCE Effects of Domestic ViolencePhysical abuseEmotional abuseSexual abuse
24POLICE RESPONSE TO DOMESTIC VIOLENCE Physical abuse is considered the infliction of physical harm (pushing, grabbing, hitting, slapping, punching, kicking) According to the NYS Office for Prevention of Domestic Violence, “a women is in nine times more danger in her home than on the streets”.
26POLICE RESPONSE TO DOMESTIC VIOLENCE Psychological or emotional abuse can be considered the use of verbal abuse to criticize, degrade, or humiliate.
27POLICE RESPONSE TO DOMESTIC VIOLENCE Sexual violence can be considered verbal, visual, or anything that forces a person to join in unwanted sexual contact or attention. Can range from unwanted comments to forcible rape. Many times not reported to police.
28POLICE RESPONSE TO DOMESTIC VIOLENCE History of Domestic Violence in the United StatesHidden social problemDomestic Violence has historically been considered a personal family problemAllow family members to resolve their own issues and not considered criminal
29POLICE RESPONSE TO DOMESTIC VIOLENCE History of Domestic Violence in the United StatesHistorically the failure to properly intervene in domestic violence situations reinforced law enforcements approval of this issueSeveral reasons for this police failure:a. Lack of trainingb. Organizational implementsc. Police attitudesd. Fear of injury.
30POLICE RESPONSE TO DOMESTIC VIOLENCE Lack of Police TrainingPrior to 1966, no United States police departments provided training on domestic disturbances, and only a handful had written policies or procedures on the subjectThis resulted in officers having the inability to properly intervene in domestic violence calls for serviceOfficers lacked knowledge of psychological issues, legal issues and liability
31POLICE RESPONSE TO DOMESTIC VIOLENCE Organizational implementsLack of federal and state lawsLack of department policy or lack of clear department policyLimited officers’ probable cause to arrestWhen police departments do not have an agency policy or a clear agency policy a sense of confusion may arise when officers come across the complicated issue of domestic violence
32POLICE RESPONSE TO DOMESTIC VIOLENCE Police attitudesMay be a result of the social attitudes of the time periodResulted in victims not contacting the policeResulted in abusers being entitled
33POLICE RESPONSE TO DOMESTIC VIOLENCE Fear of injurySince 1855, when New Haven, Connecticut Night Watchman Thomas Cummins became the first officer ever to be killed on a domestic disturbance call, 550 other officers in the United States have suffered the same tragic fateUnknown weaponsDrug, alcohol useHigh level of emotion
34POLICE RESPONSE TO DOMESTIC VIOLENCE Progression in the police response to domestic violenceIn the late 1970’s, advocates began to lobby for changeStates began to create domestic violence legislationMandatory arrest lawsChange in social attitudesDepartments liability for failing to act
35POLICE RESPONSE TO DOMESTIC VIOLENCE Dispatch responsibilitiesSee handout
36POLICE RESPONSE TO DOMESTIC VIOLENCE Initial Law Enforcement Officer ResponseApproach the scene of a domestic dispute with high degree of cautionObtain all available information from the dispatcher and notify the dispatcher upon arrivalBe alert for persons leaving the scene and for the deployment of weapons from doors, windows, or nearby vehicles
37POLICE RESPONSE TO DOMESTIC VIOLENCE Upon arrival on scene:Avoid parking police vehicle in front of the residenceIdentify themselves as Police Officers, explain their presence, and request entry in the event the incident is at a private residence, as necessary, and when exigent circumstances do not exist.
38POLICE RESPONSE TO DOMESTIC VIOLENCE Upon arrival on scene:Make contact with all residents of the house, potential witnesses, victims, and perpetrators.A forced entry is permissible if there is probable cause to believe that the safety of a victim may be in jeopardy.
39POLICE RESPONSE TO DOMESTIC VIOLENCE Upon gaining entry:Identify and secure potential weapons in the surroundingsSeparate partiesRestrain or remove the suspect, if necessaryAssess for injuries, administer first aid and request medical services
40POLICE RESPONSE TO DOMESTIC VIOLENCE Upon gaining entry:Identify all witnessesSeparate occupants and witnesses from the victim and the accused, keeping them out of sight and hearing range of one anotherObtain comprehensive account of the events from all parties
41POLICE RESPONSE TO DOMESTIC VIOLENCE On scene investigation:Ask parties about injuries, including those that may be concealed by clothing or otherwise not readily apparent.Same sex officer as the victim may be needed to investigate further or take photographs of certain areas.
42POLICE RESPONSE TO DOMESTIC VIOLENCE On scene investigation:After speaking with victim make proactive assessment of the victim’s physical condition.Contact EMS if necessary.
43POLICE RESPONSE TO DOMESTIC VIOLENCE On scene investigation:If the suspect has been arrested prior to interview, give Miranda warnings prior to questioning.If suspect has fled the scene, solicit information about his or her possible description and whereabouts.
44POLICE RESPONSE TO DOMESTIC VIOLENCE On scene investigation:Address the victim’s safety and privacy by interviewing the victim in an area apart from the suspect and witnesses.Obtain information about previous incidents.
45POLICE RESPONSE TO DOMESTIC VIOLENCE On scene investigation:Ask the victim about the existence of a protection order and, if one is said to exist, ask whether the victim possesses a copy.Check for the existence of a protection order through dispatch or by whatever means possible.
46POLICE RESPONSE TO DOMESTIC VIOLENCE On scene investigation:Collect, preserve, and document all physical evidence to support prosecution, including evidence substantiating the victim’s injuries.Weapons, torn clothing, phone cords, ect.Ensure that color photographs are taken of visible injuries on the victim as well as visible injuries on the suspect.
47POLICE RESPONSE TO DOMESTIC VIOLENCE On scene investigation:Interview all witnesses fully and as soon as circumstances allow.If witnesses provide information regarding prior incidents then document to establish a pattern.
48POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:Can be defined as the exchange of physical forces that result in injury, whether the force of a fist, a bottle, or a bullet.The most common mechanism of injury among intimate partner violence is being struck with a hand.
49POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:Use of weapons as opposed to household objects appears to be rare but with higher risk of mortality.Strangulation is under-assessed by health care providers but is experienced by over half of intimate partner victims.
50POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:Only one third of sexual assault victims experience injury to the genitalia.Most intimate partner victims suffer multiple mechanisms of injury and many have multiple injury locations
51POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:The head, neck, and face are the most common locations of intimate partner related injury, with high levels of sensitivity and moderate levels of specificity associated with those locations.H.N.F. most common reported sites of injury, specifically the middle third of the face has been found at most risk.
52POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:Interpretation of studies examining types of injuries is difficult due to the misuse of terms and combining of types of injuries into categories to aid statistical analysis.Soft tissue injury is the most common type of injury suffered by intimate partner victims.
53POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:Being struck with a hand is by far the most common mechanism of injury among intimate partner victims, whether it be a punch (closed fist) or a slap (open hand).Important to understand the difference due to different amounts of force that is generated
54POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:Being slapped may not require medical attention and usually results in transient redness and welts to the body.However, being slapped to the side of the face over one’s ear could result in a ruptured tympanic membrane. Very painful and can be very specific.
55POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:Being punched can result in severe bruising, lacerations, fractures, and/ or internal injuries.Kicking is less common but can be more injurious to the victim due to amount of force generated.
56POLICE RESPONSE TO DOMESTIC VIOLENCE Mechanism of injury:Biting can occur on almost all locations of the body resulting in several types of injury such as avulsions, bruising, lacerations, abrasions and teeth impressions.Hair pulling is painful and can result in minor traumatic hair loss. Severe hair pulling can also cause trauma to the cervical spine.
57POLICE RESPONSE TO DOMESTIC VIOLENCE Blunt Force Injury:Blunt force impact trauma is caused by crushing impact and/or by a strike from a blunt object and can result in the following four distinct injury categories:AbrasionsContusionsLacerationsFractures
58POLICE RESPONSE TO DOMESTIC VIOLENCE Injuries from Strangulation:“Choking” is a common mechanism of injury in victims of intimate partner violence and is often.Can cause various types of injuries such as bruising, abrasions.Symptoms: shortness of breath, difficulty swallowing, headaches, sore throat, voice change, loss of consciousness, involuntary loss of bladder and bowels, memory loss.Defensive wounds on perpetrator.
59POLICE RESPONSE TO DOMESTIC VIOLENCE Types of injuries: Lacerations: Caused by significant blunt or shearing forces. These forces to the skin, usually over a bony surface, or other internal organs splits and/ or tears the tissue. Cuts: Caused by a sharp object that slices through the skin. Usually cover the area that was actually touched with a sharp object.
60POLICE RESPONSE TO DOMESTIC VIOLENCE Types of injuries: Bruise: Defined as discoloration under the skin from blunt or compression forces that result in bleeding from vessels. Swelling: Refers to a raised, usually reddened area that may be very transient in nature or resolve fairly quickly leaving no bruise-like discolorations.
61POLICE RESPONSE TO DOMESTIC VIOLENCE Types of injuries: Fractures and joint dislocations: Facial fractures with nasal fractures being the most common are frequently described in research as intimate partner violence. Follow up with medical paperwork.
62POLICE RESPONSE TO DOMESTIC VIOLENCE On scene investigation:Offer to contact local advocate to provide support to the victim as available and provide current contact information for local domestic violence organizations.Orange County Safehomes
63POLICE RESPONSE TO DOMESTIC VOILENCE Supervisor involvement:Responsible for monitoring any domestic violence call dispatched to the officers under their direct supervision.Respond to scene:Provide additional safetyMonitorAvailable for advice
64POLICE RESPONSE TO DOMESTIC VIOLENCE Incidents involving a police officer as the suspect:Notify supervisor immediately regardless of officer’s jurisdiction.Be aware of firearms, other weapons, physical combat training.Suspect may attempt to make emotional appeals to fellow officers.
65POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest Decision Ideally: A proactive, hard-line stance against domestic violence is reflected by the implementation of pro-arrest policies, the discouragement of dual arrests, and the promotion of predominant aggressor determination arrest. Determining the predominant aggressor, or the individual in the relationship posing the most ongoing threat is not an easy task.
66POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest DecisionIn order to intervene effectively in domestic violence cases, it is important that officer’s understand the complex issues of violence in intimate relationships.The intent of the offenderThe meaning of the act towards the victimThe effect of the violence on the victim
67POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest Decision In cases such as the use of violence in self defense, the context is relevant to the issue of criminal culpability. Given the facts and circumstances presented, the officer is challenged to establish whether the individual in question believes he or she or another household member was in imminent danger when he or she acted in self defense.
68POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest DecisionWhen determining who is the predominant aggressor and who used self defense.That he or she or another party was in imminent danger.That he or she had to use reasonable amount of force against another to protect himself of herself or someone else.That he or she had reasonable grounds to believe that death or serious bodily harm was imminent.That the amount force was reasonable based on the facts provided.
69POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest Decision Dual arrests should be rare Dual arrests should be made in cases only where the investigation reveals that both parties used violence If probable cause is determined to arrest both parties, the officer shall file a separate arrest report and separate D.I.R. for both parties.
70POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest Decision The officer shall never put the victim in a position of stating whether or not they want their abusive partner arrested. Police officers should make victim safety and protection a priority.
71POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest Decision Under what conditions will Police make an Arrest? New York State has “mandatory arrest” laws, which means that under certain conditions, the police must make an arrest.
72POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest Decision For mandatory arrest to apply: 1. married 2. formally married 3. have child in common 4. related by blood 5. intimate relationship 6. previously in an intimate relationship
73POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest DecisionMandatory Arrest:A felony has been committed by one “member of the same family or household” against another.There has been a violation of a stay-away provision of an order of protection.A “family offense” has been committed in violation of an order of protection.
74POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest DecisionMandatory Arrest:A misdemeanor family offense has been committed.The Police do not have to make an arrest in this situation if the victim states that they do not want an arrest made, but Police are not suppose to ask.Police may go against victims wishes anyway.
75POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest Decision Mandatory Arrest: Exception to the mandatory arrest law. If both people have committed misdemeanor-level crimes, the police must determine who the “primary aggressor” was. Arrest primary aggressor in misdemeanor cases.
76POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest Decision Arrest for violations: Police can arrest someone if they witness violation. Even if the police did not witness the violation, the victim may still make a complaint.
77POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest DecisionThe arresting officer should take the accused into custody as soon as it is determined that a warrantless arrest is appropriate.If an arrest cannot be made due to the suspect fleeing the scene:Description over central (attempt to locate and apprehend)If cannot be located, initiate procedures to obtain an arrest warrant.
78POLICE RESPONSE TO DOMESTIC VIOLENCE The Arrest DecisionIf an arrest cannot be made due to lack of probable cause:Explain to the victim why an arrest is not made.Advise the victim of his or her rights and explain the procedures for filing a criminal complaint.Encourage the victim to contact local domestic violence service provider for information regarding counseling and other services (Safe Homes)
79POLICE RESPONSE TO DOMESTIC VIOLENCE ORDER OF PROTECTIONAn order of protection is a document issued by a court that may help protect the victim from harassment or abuse.In an order of protection, a judge can set limits on suspects behavior.
80THE POLICE RESPONSE TO DOMESTIC VIOLENCE ORDER OF PROTECTIONJudges in all courts (Criminal, Family and Supreme courts can:order the suspect to leave and stay away from victims home, workplace, family (stay-away)order the suspect to stop abusing victim, victims children, petsorder suspect to have no contact with victim-including phone calls, letters, s, messages through other people.
81THE POLICE RESPONSE TO DOMESTIC VIOLENCE Order of ProtectionOnce an order of protection is issued, only a judge can change it.If the order includes a stay away provision and the suspect comes to the victims house, the suspect is violating the order and should be arrested.Orders of protection are valid in any state or territory in the country, no matter where they were issued.
82THE POLICE RESPONSE TO DOMESTIC VIOLENCE Orders of Protection After congress granted the Violence Against Women Act in 1994, federal law mandates that police officers give full faith and recognition to valid orders of protection, even by other jurisdictions.
83THE POLICE RESPONSE TO DOMESTIC VIOLENCE Orders of Protection This means that victims of domestic violence who are granted court orders of protection may contact the police to protect them from their abusers nationwide.
84THE POLICE RESPONSE TO DOMESTIC VIOLENCE Orders of Protection When the police arrive on scene of a domestic involving an order of protection, it is essential that the police to read the order of protection in its entirety to determine validity and determine if there is probable cause to arrest the suspect.
85DOMESTIC VIOLENCE Leading reason why Police Officer’s lose their jobs. If involved in an incident, immediately contact supervisor.Firearms (don’t be a victim of your own firearm)Is your relationship based on equality?Power and Control Wheel.
86THE POLICE RESPONSE TO DOMESTIC VIOLENCE OBJECTIVE REVIEW