Presentation on theme: "Domain 25. History of Domestic Violence 753 earliest known cases of wife beating Rule of Thumb Chinese customs 1400s/Christianity –better to punish her."— Presentation transcript:
History of Domestic Violence 753 earliest known cases of wife beating Rule of Thumb Chinese customs 1400s/Christianity –better to punish her body…… Islam-beat the men, kill the women
1871 U.S. Lawmakers doubted the privilege of the husband to beat his wife. Gold Rush and women
Affects of Domestic Violence
Used as Power Witnessed As a Child Blames others Jealous, Controlling Desperate with fear of leaving without mate Uses Violence – conflict or anger Not always angry outside of home Low Self Esteem Remorseful Intimidates and Threatens Denies or minimizes
Victims may be or believe May be immobilized by fear. May believe any or all of the following myths: Violence is a traditional aspect of a relationship Victim is responsible for the violence. Victim can solve the problem. There are no alternatives. Victim Complies, Violence will stop.
Violence is caused by –Poor Relationships –Substance abuse –Stress Victim believes family should be kept together at all costs. Victim may minimize the extent of violence or injury. Trauma may cause victim not to recall facts accurately Victim may submit to batterer’s control.
Victim’s Reasons for Staying! Retaliation if Victim leaves. Economics Children Lack of support from victim’s family. Low Self-esteem Emotional Dependency Threats of Suicide/homicide Fear of unknown Belief CJS will not help. Religious/Cultural Beliefs. Love/ Guilt/Helplessness
Family Structure/Cultural Affects
Impact of law Enforcement
Impact on Victims May begin to believe something can be done. Lessens guilt & shame. Sees Someone is willing to help Realizes they have rights May prevent continued violence. Regains a measure of control May break intergenerational chain of violence.
No matter motivation is criminal behavior. Negative consequences Violence is not a private matter. May deter continuing violence. May deter Continued
Impact on children! May prevent further violence, abuse or emotional trauma Relays message that violence is wrong Breaks intergenerational violence. Establishes parents as responsible party not children! Enables access to social services and professional counseling.
Penal Code Section Section Section 13730
Documenting the Crime All domestic violence calls require a written report. Note Sobriety of involved parties Describe injuries Weapons Arrests made, why or why not Referral made
Reports will include: Nature of the crime Victim’s Statements Witness Statements Officers observations Statements of prior DV Officers Knowledge Documented Reports Medical Records Existence of court orders Victim’s Emotions
Why Document DV Preservation of Evidence Importance of Documentation Assisting Victims in pursuing Criminal options
Explaining The Steps
Felony Crime Sections 245 PC PC 422 PC (b) PC 591 PC 261 PC 262 PC 236 PC 207 PC 136 PC 277,278, PC 3056 PC PC 417 (b) PC PC 243 PC
243 e (1) PC 240, 241 PC PC PC 415 PC 467 Pc 647 (f) Pc 417 PC 836 (b) PC 142 PC Cite and release Procedures When to cite, when to book
Types of Court Orders Emergency Protective Orders (F.C. 6250) Ex Parte Restraining Orders D. V Temporary Restraining Orders. Proof of Service Order to Show Cause Order after Hearing Permanent Injunctions (166.4PC)
Provides for temporary custody and support Restitution or court ordered counseling Restraining Orders
Restraining orders are Available to: Spouses Former Spouses Persons Dating Former Dating persons Engagement/ Former Parties with Children Persons Related by Consanguinity of affinity with second degree A person who resides in a household Formally Resides
Other issues: Procedures for obtaining an order Family or household member defined Duration of orders DVPA And duration FLA And duration UPA and Duration Civil Harassment Restraining Orders
Criminal Stay-Away Orders
Verification and enforcement of court orders Penal code CLETS Verification Violation is a Misdemeanor
Verification of validity Court Stamp Case Control Number Expiration date The Person to be Protected. The person to be restrained A Judges Signature Proof of Service Order not verifiable Terms of an arrest
Investigative Procedures Initial call and response Incident Observed by officer Arrival at call Stand to the side of door Contact and separate Determine if any injuries ID all parties involved Witnesses Determine if DV and Which Crime Prior History and Arrests to be made
What to do if suspect is not present Need for follow up Physical Evidence Mandatory reporting
Victim Assistance and Protection Provide victim with report number Obtain EPO when needed Advise victim of safety steps Recommend an escape plan Seizure of firearms
Review and Questions Things to know for the test Review handouts Look at Website