Domestics Law Enforcement Response

2 Officer Safety Law Enforcement Response Interviews Arrest v. No Arrest Evidence Collection Report Writing Tips for Testifying in Court Session Objectives

3 Officer safety is the top priority. If possible, respond with at least two officers. Obtain as much information as possible. Approach the residence with caution. Listen and look before making contact. Separate the parties Maintain eye contact with other officers. Check for weapons. Avoid arresting the suspect in front of the victim. Officer Safety

4 Insist on seeing the victim. Determine if medical attention is needed. Do not tell the suspect that the victim called for help. Take the victim’s full statement rather than having the victim write it. Do not ask the victim if they want to prosecute or have suspect arrested. Inform victim when the arrest is about to be made. Victim Safety If the victim is at risk, so is the responding officer!

5 Law Enforcement Response If suspect not present, attempt to locate him/her. If suspect is present, separate parties. Secure the scene and check for weapons. Check for witnesses. Be sensitive to victim. Interview victim and any witnesses. Be accurate and thorough in your report.

June 2009Training and Standards Bureau6 Law Enforcement Response Continued “Excited utterances” may be allowed into court as exceptions to the rule against hearsay. History of violence? Victim may be reluctant or unavailable to talk to you. Assess the risk factors for continued violence or lethality.

June 2009Training and Standards Bureau7 What Should You Expect? Angry and humiliated victim. Victim will only provide details if he/she feels safe. Victim wants abuse to stop, but knows law enforcement response may make it worse. Offender believes he/she is entitled. Offender will probably appear calm and rational.

June 2009Training and Standards Bureau8 What Should You Expect Continued Offender will blame victim. Offender will pressure victim. Victim may recant or minimize statements. Understand recanting is frustrating for you but keep in mind the dynamics of DV and realize why the victim is recanting.

June 2009Training and Standards Bureau9 Provide Information to Victim Info on domestic violence. Info on community services available. Explain process of criminal justice system. Explain what will happen next with offender if arrested. 72-hour no contact order Temporary restraining orders / injunctions Safety planning

10 Interviews Conducted shortly after incident. Document excited utterances. Separate victim and offender by sight and sound – interview separately. Maintain visual contact with other officer throughout interview. Try to keep everyone calm and seated.

11 Interviewing the Victim Establish trust with victim. Pay attention to your non-verbal communication. Facial expression Eye contact Body language and posture Physical distance Allow the victim to vent and tell the story. Reassure and clarify actions.

12 Interviewing the Victim Continued Attempt to get a statement from victim about telling the truth in court. Do Not ask the victim if he/she wants to “press charges” or “sign a complaint.” Explain to the victim that he/she did not deserve to be treated (or hurt) the way he/she was. Express your concern for the victim’s safety and the safety of any children Advise that law enforcement will be available for the victim and children (building trust).

13 Interviewing the Offender Remain neutral. Do not make any accusatory or opinionated statements. Conduct interview as a non-custodial interview. (No need to “Mirandize”) Offender may need to vent before questioning. Ask, “What would your [wife, partner, etc.] tell us about what happened? Always document all spontaneous admissions. Never provide information about who called the police or act in agreement with the offender.

14 Interviews with Children Interview children away from all adults in a comfortable place at the child’s level. Children will often blame themselves. They may say the did not see what happened. Keep talking with child because they probably at least heard the incident or know of prior incidents. Reassure child and build trust.

15 Interviews with Children Continued Be aware of child’s fear and/or signs of abuse or neglect. Ask open ended questions and allow child to “tell the story.” Take time with children and explain what will happen next. Ask simple questions and use words appropriate to age of child.

16 Witnesses Officers should canvas for other witnesses, such as: Emergency Medical Personnel Neighbors Passersby 911 dispatcher Document specific quotes, who said them, who heard them and the demeanor of the witness. Do not promise witnesses that their identity can be kept anonymous.

June 2009Training and Standards Bureau17 Note Taking Take detailed notes on everything said. Put comments in quotation marks in reports. Excited utterances may also be found on 911 tapes and should be noted. Take notes on scene or immediately upon locating the parties/witnesses. Attempt to get information on history of abuse.

June 2009Training and Standards Bureau18 Arrest v. No Arrest An arrest should only occur after obtaining both sides of the story. Purpose of arrest is to make offender accountable. Do not make a decision based solely on injuries.

June 2009Training and Standards Bureau19 Evidence Gather evidence as if the victim will recant or not be able or willing to testify in court. Keep these key points in mind: Photos are crucial Gather all physical evidence 911 tapes can strengthen your case

June 2009Training and Standards Bureau20 Other Sources of Information and Evidence Statements to law enforcement (excited utterances). Printed victim questionnaire. Injury diagrams and/or injury checklists. Records of previous medical treatment for abuse. Other records (civil court actions, restraining orders, etc.)

June 2009Training and Standards Bureau21 Documentation Scene. Victim’s appearance and demeanor. Offender’s appearance and behavior. Other witnesses’ behavior, including children. Physical injuries on both parties.

June 2009Training and Standards Bureau22 Report Writing When you arrest someone for DV, you will have to complete a report. In DV cases, if reasonable grounds existed to arrest, but no arrest was made, you must prepare a written report explaining why. Because you might be chief witness in a DV case, must have thorough, accurate and non- judgmental report.

23 Basic Information (Report) Times (incident, arrival, statement) Identification of victim and suspect including height and weight. Relationship of victim and suspect. Names, addresses, phone numbers, workplaces, relationship of witnesses. How to reach the victim during the next 24 hours.

24 Scene Information (Report) Who was present? Condition of scene. Whether children were present. Was there a temporary restraining order or injunction, probation, AODA for victim/offender, suicide threats or abused pets involved?

June 2009Training and Standards Bureau25 History (Report) Locations where the victim and offender have lived for the past few years. Names, addresses, and phone numbers of relatives, friends and family. Any history of domestic violence, including prior arrests and convictions.

June 2009Training and Standards Bureau26 Interviews (Report) Emotional state of victim and offender. Non-consent statement from the victim. Include all statements or excited utterances. Note how parties interact.

June 2009Training and Standards Bureau27 Injuries (Report) Document all injuries. Document all medical treatment. Do statements of incident match the physical injuries? Document any self-defense wounds.

June 2009Training and Standards Bureau28 Evidence (Report) Document any evidence collected. Document if photographs were taken. Collect a copy of the 911 recording.

June 2009Training and Standards Bureau29 Narrative Checklist (Report) Full identification and contact information. Victim statement, including non-consent. Offender statement. Description of scene and demeanor of parties. History of abuse. Risk factors. Witnesses’ and children's’ statements. Probable cause for arrested party. Description of injuries and treatment. Medical release obtained. No-contact signed. Evidence collected.

June 2009Training and Standards Bureau30 Tips for Testifying Always tell the truth and never guess. Qualify how well you remember the details. Admit bad things and avoid a lengthy cross- examination. Never get angry or laugh along with the defense. Think of the jury or judge as your friend – be likable.

Stalking Harassment Strangulation Additional Investigative Issues

32 Violent Acts by Both Parties Were any of the violent acts committed as self-defense against the other party? Did the predominant aggressor provoke the other person involved to attack? Do both parties pose a significant danger to each other and so need to be placed under the controls of the criminal court? Did both parties experience the same level of fear?

June 2009Training and Standards Bureau33 Violent Acts by Both Parties Case may be compromised if you arrest both parties. If possible, determine the predominant aggressor. Arresting the victim would reduce the ability to prosecute the offender.

June 2009Training and Standards Bureau34 Self-Defense Must have reasonable belief of actual and imminent unlawful interference with his/her person. Only use the amount of force reasonably necessary.

June 2009Training and Standards Bureau35 Self-Defense: Reasonable Belief What did the victim think was about to happen to him/her? Why did the victim think that? What has happened in the past to this victim? What was the alleged offender doing? What amount of force would be necessary? What options did the victim think he/she had? Why?

36 Self-Defense: Injuries If both parties have injuries, consider the possibility that some are the result of self-defense. Victim injuries: back, legs, forearms or palms from blocking blows or from being struck in fetal position. Injuries may exist under clothing, on scalp, or evidence of pulled hair including spots pulled out. Offender may have scratch marks to face, hands, or arms from the victim defending against attempted strangulation. Bite marks may be apparent on the offender’s chest, arms or hands.

June 2009Training and Standards Bureau37 Strangulation A form of asphyxia as a result of external pressure on the neck. Is one of the most lethal forms of domestic violence. 10% of violent deaths in the U.S. each year are due to strangulation. Hanging, use of ligatures, and manual strangulation.

38 Strangulation Strangulation is not the same as “choking.” Voice and swallowing changes Difficulty breathing or coughing Other physical/mental changes due to lack of oxygen. Defecation/urination Strangulation may not leave visible injuries. Visible injuries may appear days later.

39 Strangulation: Interview and Report Writing Ask victim to describe and demonstrate how strangulation occurred. Include length of time strangulation continued and how hard grip was. Ask what offender was saying during strangulation. Ask if victim was shaken, thrown against wall, floor or ground. Document all complaints of pain and discomfort, loss of consciousness, feeling dizzy or faint, and whether the victim felt nauseated or vomited.

June 2009Training and Standards Bureau40 Stalking Wis. Stats defines a stalker as “any person who engages in a course of conduct directed at a specific person which places that person, or his or her family or household member, in reasonable fear for their safety.”

41 Stalking: “Course of Conduct” Maintaining visual or physical proximity of the victim. Approaching for confronting the victim. Appearing at the victim’s workplace or contacting the victim’s neighbors. Entering property owned, leased, or occupied by the victim. Contacting the victim by phone or causing phone to ring.

June 2009Training and Standards Bureau42 Stalking: Course of Conduct Sending material by any means to the victim. Placing or delivering an object to property of victim. Placing or delivering an object to victim through others. Causing a person to engage in these acts.

43 Stalking Behaviors: spying, following, making unwanted phone calls, sending unwanted mail, threats or vandalizing property. No relationship required. Continuation of power and control DV stalkers usually obsession or vengeance stalkers.

June 2009Training and Standards Bureau44 Stalking Investigations Collect all notes, gifts, messages from the victim. Enlist victim in collecting evidence log. Educate victim. Get facts first then address fear issue. Interview victim.

June 2009Training and Standards Bureau45 Stalking Investigations No false promises to victim. TRO? Ask victim for photo. Discourage contact. Interview victim about suspect.

46 Stalking Investigations Search warrant. Contact the suspected stalker and advise of consequences. Conduct surveillance. Apprehend for EVERY violation. Visit each crime scene. Make presentation to DA. Advise judge of past activities.

Harassment Wis. Stats states that harassment may be applicable prior to or in addition to a stalking charge. Harassment is defined as any person engaging in a course of conduct that harasses or intimidates another.

June 2009Training and Standards Bureau48 Harassment No specific number of acts has to occur. A direct threat is not needed. “Credible threat.” And injury is not needed. Document harassing/stalking behavior. All reports together may show pattern.

49 Police Liability Exhibiting a pattern of differential treatment or application of the law. Failing to appropriately enforce a court order protecting a victim of DV. Failing to provide information to a victim as required by law. Failing to respond at all or in a timely manner. Failing to take proper action to protect a citizen.

June 2009Training and Standards Bureau50 Differential Treatment You must not treat DV victims differently from other victims of a crime. For example, if DV victim does not give you all the information about the offender you will keep investigating the crime.

June 2009Training and Standards Bureau51 Failing to Enforce a Court Order Once you are made aware of a possible violation you are obligated to respond and investigate. If you act unreasonably, liability can be attached.

June 2009Training and Standards Bureau52 Failure to Provide Information Wis. Stats 950 states that officers must make a reasonable attempt to provide victims with written information. If you fail to provide the victim with this information it could lead to liability.

53 Information Required to be Provided by Law Wis. Stats (2g) requires officers to provide the following information to victims of crime no later than 24 hours after initial contact: A list of the rights of victims under s (1v). The availability of compensation and the address and phone number of the contact for information concerning compensation.

June 2009Training and Standards Bureau54 Address and phone number of intake worker, corporation counsel or district attorney whom the victim may contact. Address and phone number of the custodial agency that the victim may contact for information concerning the taking into custody or arrest and release of a suspect. Information Required to be Provided by Law Continued

June 2009Training and Standards Bureau55 Suggested procedures if threatened or intimidated. The address and phone number at which the victim may contact the Department of Justice or any local agency that provides victim assistance/information about services available for victims, including medical services. Information Required to be Provided by Law Continued

June 2009Training and Standards Bureau56 Failing to Respond Must treat DV cases as serious as other cases. Victim has right to expect reasonable assistance from law enforcement regardless of the nature of the relationship or the identify of victim.

June 2009Training and Standards Bureau57 Failing to Take Proper Action May not selectively protect citizens. Must protect an individual who is in custody and may not place any individual in a dangerous situation. Put biases and stereotypical thinking aside during DV investigations.

June 2009Training and Standards Bureau58 QUESTIONS?