Domestic Violence Basics

Hailey KnollMaster Patrol Officer

Garden City Police Department

OBJECTIVES

• Identify causes of domestic violence• Identify power and control tactics used by the

batterer• Identify barriers for victim safety• Identify why safety planning and lethality

assessments are critical• Cultural considerations

OBJECTIVES CONTINUED:

• Officer Safety• Evidence • Liability and legal issues• Arrest• Follow-up

Dynamics of Domestic Violence

• Domestic Violence is a pattern of abusive or coercive behavior used to control an intimate partner.

• Physical• Sexual abuse/violence• Verbal abuse

Dynamics of domestic violence

• Victims are forced to change their behavior in response to the abuse

• Occurs in current or former dating married or cohabitating relationships.

• Heterosexuals, gay, lesbian, bisexual and transgendered individuals

Common battering perceptions(excuses)

• Victims Behavior• Illness• Genetics• Cultural norms• Alcohol• Stress• Learned Behavior

Continued excuses:

• Anger Management • Family Issue• It is her fault

THE TRUTH IS

• Victims have NO control over the violence and CANNOT stop it.

• Many batterers repeat their patterns of control in all their relationships

POWER AND CONTROL

• Intimidation• Coercion and threats• Male privilege• Economic abuse• Using children • Isolation

POWER AND CONTROL CONTINUED:

• Minimizing, denying and blaming• Emotional abuse

Barriers to Victim Safety

• Relentless behavior of the batterer• Fear of what the batterer may do• Financial dependence• Religious beliefs/ cultural beliefs• Isolation and lack of support• Shame (making excuses for the violence)• Immigration status

Barriers continued:

• Disability• Minimizing the behavior• Maintaining access to the batterer

• Kids/ work/ family etc.

Shelter Options?

• Sexual orientation?• Older children?• Pets?• Substance abuse?• Diet and medical restrictions?

• Are YOUR shelters prepared to handle those situations?

6 things to say to a victim:

• 1- I am afraid for YOUR safety• 2- I am afraid for your CHILDREN • 3- It WILL get worse• 4- WE are here for you• 5- YOU don’t deserve to be ABUSED• 6- It is NOT your fault

HOW ARE WE DIVERSE?

• Age• Language• Gender• Ethnicity• Sexual orientation• Education• Socio/ Economic status

• Religion/ culture• Disability• Race• Geographical (urban/

rural)

CULTURAL DIVERSITY

• Cultures reflect a range of differences and similarities

• One must respect each other’s cultural when responding to domestic violence incidents

DIVERSITY CONSIDERATIONS

• Batterers may use cultural beliefs to control their victims

• Batterers may blame officers, victims and advocates to manipulate...or even try to manipulate them

LETHALITY INDICATORS

• Threats or fantasies of homicide or suicide• Weapons • Pregnancy of victim• Harming or killing pets• Key phrases... “I own him/her.”

Lethality Continued:

• Obsession with the victim/ family• Depression/ mental illness• Access to victim/ family• Hostage taking• Escalation of batterer...risk taking

DANGER & RISKINDICATORS

• Prior contacts with LEO• Increasing number of violations of a

protection order• PREGNANCY• Drug and Alcohol consumption• Increase in frequency/ severity of abuse

DANGER AND RISKCONTINUED:

• Strangulation• Battering during pregnancy• Cruelty to pets and damage to property• Violence towards children

OFFICER SAFETY

VICTIM SAFETY

WAYS TO INCREASE VICTIM SAFETY

• Know the community resources and encourage victims to utilize them

• Attempt to provide transportation to safety• Victim advocates are great for this

• FOLLOW-UP investigation/ photos• Remember culture plays a role

The IMPACT of LEO

• Sends a clear message that domestic violence is a crime

• Provides victim with access to services and available support

• YOU are an ESSENTIAL PARTNER in the community response to domestic violence

RURAL OFFICER SAFETY ISSUES

• FAMILY MEMBERS AND FRIENDS• Officer may be a family member or a friend of

the batterer• Familiarity with parties leads to complacency• May be no telephone/ cell service etc• May be no time or minutes on their track

phone

SAFETY ISSUES CONTINUED:

• LOCATION. LOCATION. LOCATION.• Lack of adequate mapping• Poor information from the reporting party• Inadequate road and street signs

• They will probably see and hear you coming before you know your in the right area

COPS AND VICTIMS ARE ALIKE

• Who knows that a future attack is coming?• Who in the face of danger and maybe death

“stays on the job”?• Who must always be “combat ready” but

appear to be relaxed?

COPS AND VICTIMS ARE ALIKE

• Who must suppress anger while being attacked verbally and physically?

• Who is frustrated when offenders get out on bail/ not prosecuted or given token sentences?

• Who receives less protection because it’s “part of the job”?

Dangers in Responding to Domestic Violence Calls

• You arrival is KNOWN• Greater likelihood of FIREARMS• COMPLACENCY• Holidays, celebrations, parties + ALCOHOL

=DANGER (higher agitation)• YOU must plan (they already have one)• REPEAT calls = INCREASED DANGER to you

SCENE APPROACH

• Park out of sight from the scene• Emergency lights and sirens

• Follow agency policy and state law• Consider the effect of lights and sirens for your response

AND the agitation level of the suspect

• ASSESS the scene• WAIT for second unit

• Consider threat levels• Consider the responding unit- tell them how to

approach, east- alley, 3rd house on the north etc.

AT THE SCENE

• No answer at the door, no audible or visual activity

• Dispatch call ?• Listen and observe• Attempt voice contact• Leave and return secretively

AT THE SCENE

• CAUTIOUS ENTRY• Maintain audio and visual of your partner

– Victim and suspect back to back or around the corner from each other

• Identify and control all present• You tell them where to sit (be aware of weapons)• Separate the victim and suspect(s) and witnesses

OFFICER SAFETY

• Obtain as much info from dispatch as possible (history/ warrants/ PFA’s)

• Weapons• Vehicles• Separate parties• Partner contact

ADVOCATE / EMS SAFETY

• Many jurisdictions have victim advocates accompany officers to DV calls

• Regarding the need for EMS, if at all possible remove the threat (suspect) prior to their arrival.

C. A. L. M.

• Establish control and setting the tone• C. (control)• A. (apart)• L. (look)• M. (moderate)

ADDITIONAL OBSERVATIONS

• Record observations of suspects, victims, and children/ witnesses

• Emotional state...DESCRIBE IT• Influence of alcohol/ drugs?

INTERVIEWING

• YOUR responsibility is to make sure the victim gets the MOST accurate information possible with the least amount of trauma to the victim

• Try sitting down to elicit information ( remember they have been controlled, let them feel as though they are in control of WHAT they tell you) DONT COMPROMISE YOUR SAFETY THOUGH• Ask them where would THEY like to go to talk• Give them a minute to compose themselves...they need

to feel they are safe to talk

A. I. R.

• Victims of DV have usually been subjected to attacks on their self-esteem

• Be knowledgeable about resources for victims in your community

• A. (attention)• I. (interested)• R. (respect)

ASK ABOUT THE PATTERN OF ABUSE

If the victim doesn’t mention any other signs of physical, socio-psychological, sexual, or financial abuse or the denial of their civil rights...

ASK.

CHILDREN as WITNESSES

• They are often present• Secondary traumatic effects• Injuries? Did they get in the way? • Children are often abused as well• Children are also often used to control adult

victims

CHILDREN CONTINUED:

• They may not exhibit outward clues that the violence exists

• They may never discuss the violence • Be age appropriate yet specific about your questioning• Remember they may not know its wrong• This could be all they know

• If you don’t know how to talk to children, find someone who does

• Consider they’ve been told don’t tell police

SUSPECT INTERVIEWS

• NON-CUSTODIAL• Suspect not in police custody (can leave at any time)• Miranda warnings NOT required, if it becomes

CUSTODIAL, MIRANDA, MUST be given PRIOR.

• CUSTODIAL• Suspect is in custody• Miranda is required

PREPARE TO INTERROGATE(the suspect)

• Consider the motive, profile and demeanor of the suspect, adapt accordingly

• Begin with non-threatening questioning (arrest sheet info)

• The goal is get the suspect to talk• Be familiar with the facts and circumstances• Be familiar with suspects background

PREPARE TO INTERROGATE cont:

• SAFETY. SAFETY. SAFETY. • Two officer participation (show room if

possible)• Plan strategy and DISCUSS IT• RECORDING EQUIPMENT• LOCATION- take suspect from their element

(remove their power)• Station? and or Distraction Free zone

LEGAL ISSUES

• Full faith and credit of protection orders

• In 1994 Congress enacted the Violence Against Women Act, directing jurisdictions to give full faith and credit to valid orders of protection issued BY OTHER JURISDICTIONS.

• Does it appear valid?• Is there probable cause to believe a violation

has occurred?

VALIDITY vs. ENFORCEMENT

• The laws of the issuing jurisdiction control the validity of the terms of the order

• The laws of the enforcing jurisdiction control the terms of enforcement

• Confirm dates and file numbers• Review newer orders• When orders appear inconsistent- enforce the

MORE RESTRICTIVE of the two

DONT COMMIT CAREER SUICIDE

• Tracy Thurman vs City of Torrington• 2.3 million awarded• Proved Torrington treated DV cases less serious than

stranger committed crimes

PUBLIC DUTY DOCTRINE

• Prevents recovery against local government if one private citizen harms another

• Unless plaintiff can show that duty breached was personally owed to the individual, not public at large

EXCEPTIONS TO THE PUBLICDUTY DOCTRINE

• Legislative intent• Failure to enforce statutory requirements• Rescue exception (negligence)• Creation of a special relationship

7 COMMON CAREER SUICIDE AREAS

• FAILURE to provide info to victim re laws• FAILURE to adequately train• Arrest with NO PROBABLE CAUSE• FAILURE to treat all DV cases the same• FAILURE to take proper steps to protect public• FAILURE to enforce court orders• FAILURE to respond in a timely manner

LONG LIVE YOURSUCCESSFUL CAREER

• Stay updated, Trained, and Educated• Follow policies and procedures• DO NOT make promises• Supervisors- review, update and train

ARREST?

• Probable cause- facts or circumstances that would lead a reasonable person to believe a crime has, is or will be committed AND that person has, is or will commit the crime.

• Do injuries automatically mean someone is going to jail? Investigate the injuries. Build probable cause!

SELF-DEFENSE?

• A person’s justifiable use of force against another person when such force is NECESSARY to defend themselves or another against what they REASONABLY believe to be the use, or imminent use of unlawful physical force.

SELF-DEFENSE?

• Person using force had a REASONABLE BELIEF THAT they were going to be PHYSICALLY attacked

• Risk of harm was ACTUAL OR IMMINENT• The force used was that force reasonably

NECESSARY to prevent or stop the attack• Can’t get ahead• Can’t get even

PREDOMINANT AGGRESSOR

• Existence of offensive and defensive wounds• Prior history of violence/ abuse• Size strength and bulk of the parties• Severity and extent of injuries• Future injury?• Fear?• Intent?• Other evidence

DUAL ARREST?

• No self-defense• No predominant aggressor• Officers must have probable cause for BOTH• DOCUMENT. DOCUMENT. DOCUMENT.

EVIDENCE

• Preserve and collect it• Identify all parties involved and whom

observed• The goal of prosecution is to not need victim

testimony (cause you probably aren’t going to get it)

CRIME SCENE

• GLOVES. GLOVES. GLOVES. • Observations- document!• Photographs• Physical evidence• Weapons• Statements- notarize them• Diagram of scene

ONE CHANCE

• You may only have one chance to collect• Damaged or bloodied clothing• Tufts of hair• Bodily fluids• Damaged keepsakes- who did it belong to?

• Shows control and intimidation

• Empty beer cans/ drug use evidence

FOLLOW-UP

• Photographs• Call logs• Letters• Messages from family or friends from suspect

• Do you have stalking? • Unwanted course of conduct

THANK YOU! BE SAFE!

• MPO Hailey Knoll• Garden City Police Department• 620-276-1300• My cell- 620-260-5377

• “Prepare for the worst, so only the best can happen” ~ unknown

CREDITS

FLETC and US DEPARTMENT of HOMELAND SECURITYINTERNATIONAL ASSOCIATION OF POLICE

GOVENORS OFFICEand the

GARDEN CITY POLICE DEPARTMENT