Title: violence
1violence
module 2
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates
A Womans Place
HSA-SAS mod2dv.ppt (5/07)
2Module 2Domestic Violence
Presented by District Attorneys Office Marit
Erickson Kimberly Madayag 385-7381 A Womans
Place C. J. Wunder 725-7900 County
Counsel Kimberly Helms 385-3000 ext. 5210
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates
3Historical Perspective
- One hundred women are not worth a single
testicle. - Confucius, 551-479 B.C.E.
418 B.C., Caesar Augustus, laws of
paterfamiliasFrom Roman Family Law and
Traditions, Lisa S. Morin
- Paterfamilias had the right to kill a woman
caught in the act of adultery in her husbands or
the paterfamilias house. - A husband who killed his wife found in the act of
adultery was to be punished with more leniency
due to his impatience caused by just suffering.
5Commentaries on the Laws of England, William
Blackstone (1765-1769)
- The husband. . . by the old law, might give his
wife moderate correction. - (similar to that allowed for apprentices and
children) - Yet, among the lower rank of people. . . the
courts of law will still permit a husband to
restrain a wife of her liberty in case of any
gross misbehavior.
6State of North Carolina v. Richard Oliver, 70
N.C. 60, (1874)
- If no permanent injury has been inflicted, nor
malice, cruelty nor dangerous violence shown by
the husband, it is better to draw the curtain,
shut out the public gaze, and leave the
parties to forget and forgive.
7New York 1994
- Sept. 11 - Police refused to arrest or remove
David Metz from his home because his wife did not
have a restraining order. - August Every woman needs a good pounding every
now and then. - Justice Donald Roberts, Malone Village Court,
Franklin County, New York while reviewing
documents related to Mrs. Metz request for a
restraining order - Aug. 1 - Assault, Third Degree
- knocked to the floor twice, kicked in the
stomach, choked, treated for bruises at a hospital
8Agency PolicyPenal Code 13701
- a) Every law enforcement agency in this state
shall develop, adopt, and implement written
policies and standards for officers' responses to
domestic violence calls by January 1, 1986. These
policies shall reflect that domestic violence is
alleged criminal conduct. Further, they shall
reflect existing policy that a request for
assistance in a situation involving domestic
violence is the same as any other request for
assistance where violence has occurred.
9ProtocolPenal Code 13732
- (b) Commencing January 1, 2003, child protective
services agencies, law enforcement, prosecution,
child abuse and domestic violence experts, and
community-based organizations serving abused
children and victims of domestic violence shall
develop, in collaboration with one another,
protocols as to how law enforcement and child
welfare agencies will cooperate in their response
to incidents of domestic violence in homes in
which a child resides. The requirements of this
section shall not apply to counties where
protocols consistent with this section already
have been developed.
10Penal Codes
- PC 136.1 Dissuading a victim from reporting
- PC 236 False imprisonment
- PC 243 Battery
- PC 245 Felony assault
- PC 261 Rape
- PC 273a Child endangerment
- PC 273.5 Corporal injury to a spouse/cohabitant
- PC 422 Criminal threats
- PC 459 Entry w/ intent to commit a felony
- PC 591 Interference/destruction of phone lines
- PC 594 Vandalism
- PC 646.9 Stalking
11Domestic Violence ClassificationPenal Code
13700(b)
-
- Abuse committed against an adult or a minor
who is a spouse, former spouse, cohabitant,
former cohabitant, or person with whom the
suspect has had a child or is having or has had a
dating or engagement relationship. - (Whats missing?)
12PC 273.5Elements
- Any person who willfully inflicts
- Corporal injury resulting in a traumatic
condition and - Spouse, former spouse, cohabitant, former
cohabitant, or the mother or father of his or her
child. - Prior conviction w/in 7 yrs.
13Cohabitant
- Two unrelated adult persons living together for a
substantial period of time, resulting in some
permanency of relationship. -
- Consider
- sexual relations between the parties while
sharing the same living quarters, - sharing of income or expenses,
- joint use or ownership of property,
- whether the parties hold themselves out as
husband and wife, - the continuity of the relationship, and
- the length of the relationship.
14Evidence from Victim
- Taped Victim Statement
- Photos
- Your Observations
- Court Documents/Orders
- Location of Weapons
- History of Violence
- Other Illegal Activity
- Contact Information
15Observations of Victim
- Demeanor
- Emotional state
- Intoxication
- Physical condition
- Injuries
- Clothing
- Make-up
- Medical condition
- Emergency room
- Ambulance
- First aid
16Victim Interview - Goals
- Complete statement current event
- Relationship of parties
- History of abuse
- Role of drugs or alcohol
17Interviewing Victims
- Separate from partner and children
- Record the statement
- Allow the victim to vent
- Establish trust with the victim
- Consider your
- body language
- tone of voice
- eye contact
18Interviewing Victims
- Be non-judgmental
- Reassure victim that help is available and
intervention is critical - Ask the right question at the right moment (ie.,
sexual assault)
19Interviewing Victims
- Motivate her to cooperate by finding something
that is being affected by the situation, such as
her children. - Ask, Is there any reason you wouldnt want to
tell the truth in Court?
20Strangulation243(e)(1), 245(a)(1), 243(d) or
664/187
- Device used?
- How long?
- How much pressure?
- How many times?
- Did suspect talk?
- Loss of consciousness?
- Seeing stars?
- Petechiae?
- Vomit?
- Urinate or defecate?
- Changes in voice, hoarse or raspy?
- Visible marks on the victims neck or behind
ears? (Defensive?) - Corresponding marks on suspect?
- Difficulty breathing, swallowing or talking?
- What was victim thinking?
21Evidence from Suspect
- Taped Suspect Statement
- Photos
- Your Observations
- Location of Weapons
- History of Violence
- Other Illegal Activity
- Written Statement
22Interviewing Suspects
- Document spontaneous statements
- Interview separately
- Record the statement
- Provide Miranda advisement
23Interviewing Suspects
- Let the suspect tell the story and vent
- Control the interview
- Acknowledge suspects anger, frustration, and
concern - Dont make accusatory statements
24Interviewing Suspects
- Ask, What is ____ going to tell us about what
happened? - Confront on inconsistencies illogical
statements - NEVER tell the suspect that the victim is
pressing charges
25Dominant AggressorPenal Code 13701
- . . . an officer shall consider the intent of
the law to protect victims of domestic violence
from continuing abuse, the threats creating fear
of physical injury, the history of domestic
violence between the persons involved, and
whether either person acted in self-defense.
26Dominant Aggressor Determination
- Real or implied threats
- History of violence
- Self-defense
- Size of parties
- Criminal history
- Level of violence
- Corroborating evidence
- Demeanor
- Alcohol/Drug use
- Injuries
- Consistent
- Seriousness
- Court orders
- Reporting party
- Intent of law to protect victims
27ArrestsPenal Code 13701
- The written policies shall encourage the
arrest of domestic violence offenders if there is
probable cause that an offense has been
committed. These policies also shall require the
arrest of an offender, absent exigent
circumstances, if there is probable cause that a
protective order . . . has been violated.
28DV Felony Arrests
- The person arrested has committed a felony
- The officer has probable cause to believe that
the person has committed a felony - (Injury Probable Cause Arrest)
29243(e)(1) Arrests
- (1) The peace officer has probable cause to
believe that the person to be arrested has
committed the assault or battery, whether or not
it has in fact been committed. - (2) The peace officer makes the arrest as soon
as probable cause arises to believe that the
person to be arrested has committed the assault
or battery, whether or not it has in fact been
committed. - PC 836(d)
30Court Order Violations - Arrests
- Mandatory arrest if
- Probable Cause to believe Suspect
- has notice of the order
- violated the order
- Must follow up with either
- Victim provided copy of order or
- Confirmation that order is registered (CLETS)
31Improper Influences Arrests
- Victims reluctance
- Victims lack of follow through
- Arrest may not lead to a conviction
- Assurances that violence will cease
- History of prior complaints
- Injuries are not visible
- Private or public incident
- Financial consequences
- Suspect is a juvenile
- Immigration status
- Cultural acceptance or response
- (Non-)/existence of a RO/TRO
- Same gender relationship
- If the parties live together
- Relationship or marital status of suspect
victim - Victim's emotional state
32Animal Control
- Suspect arrested
- Victim entering shelter or receiving medical
treatment - Children cared for by relative or detained
- Additional evidence of abuse
33Document All Potential Witnesses
- Reporting party
- All adult residents
- All child residents
- Guests
- Neighbors
- People or businesses nearby
34Observations of Children
- Excited utterances
- Displays of fear
- Injuries to the child
- Show and tell
35Children in a Violent Home May Be
- Afraid of suspect
- Concerned for victim/anothers well-being
- Instructed not to talk
- Victim of abuse or neglect
- Feeling responsible
36Interviewing Children
- Separate from parents siblings
- Chose a comfortable place
- Sit at childs level or lower
- Keep a neutral tone of voice
- Establish rapport by talking about something else
- Explain why you are there
- Reassure that child is not responsible
37Guidelines Child Witness Interview
- Ask simple, open-ended questions
- What happened?
- Who was there?
- Did anyone get hurt? ( owies)
- Who did the hurting?
- What was mommy-daddy hurt with?
- When did it happen?
- Where did it happen?
- Has it happened before?
- Are you hurt?
38Cross Reporting Obligations
- Welfare Institutions Code 300
- (a) physical abuse
- (b) neglect and failure to protect
- (c) emotional abuse
- Suspected child abuse must be cross-reported
- as required by PC 11165, 11166 and 11172(a).
- Suspected elder or dependent adult abuse must be
cross-reported - as required by WIC 15610, 15630 and 15640.
- Suspected animal abuse may be reported
- as identified by PC 11199
- Not criminal Reasonable suspicion standard
39Medical Witnesses
- If in a hospital setting, ID the treating
physician - Document statements made to medical personnel
- Ask the victim to sign a Medical Info Release
Form - Document treating facilities dates
40Evidence
- Photograph
- All injuries
- Evidence seized
- Crime scene
- Taped Statements
- Victim
- Suspect
- Any weapon
- (boots, belts, tape, stick)
- Clothing
- Linens
- Phone or telephone lines
- 911 tapes
41Written Report RequiredPenal Code 13730(a)
- Face sheet codes the call as DV
- Report includes an inquiry into
- the usage of alcohol or drugs
- the history of domestic violence
- the presence of firearms in the home
- Penal Code 13730(c)
42Recommended Assistance to Victims
- Emergency medical care
- Transportation to a shelter, or a hospital for
treatment when necessary - Police standbys for removing personal property
- Assistance in safe passage out of the victim's
residence - Providing the report number
- Referral to proper investigative unit
- Penal Code 13701(c)
43Written Info to Victim
- Despite arrest, suspect may be released at any
time. - He or she may ask the district attorney to file a
criminal complaint. - He or she has the right to file a civil suit for
losses suffered as a result of the abuse - medical expenses
- loss of earnings
- other expenses for injuries sustained
- damage to property
- any other related expenses incurred by the victim
or any agency that shelters the victim. - Penal Code 13701
44Written Info to Victim
- "For further information about a shelter you may
contact __________. - "For information about other services in the
community, where available, you may contact
____________________. - "For information about the California victims'
compensation program, you may contact
1-800-777-9229. - Penal Code 13701
45Written Info to Victim
- Right to go to the superior court and file a
petition requesting any of the following orders - Restraining the attacker from abusing the victim
and other family members. - Directing the attacker to leave the household.
- Preventing the attacker from entering the
residence, school, business, or place of
employment of the victim. - Awarding the victim or the other parent custody
of or visitation with a minor child or children. - Restraining the attacker from molesting or
interfering with minor children in the custody of
the victim. - Directing the party to pay support of minor
children, if that party has a legal obligation to
do so. - Directing the defendant to make specified debit
payments coming due while the order is in effect. - Directing that either or both parties participate
in counseling. - Penal Code 13701
46Written Info to Victim
- "Victims of Domestic Violence" card (243(e),
261, 261.5, 262, 273.5, 286, 288a, or 289) - Names, phone numbers, hotlines and the 24-hour
counseling service telephone numbers for local
shelters for battered women and rape victim
counseling centers within the county - A simple statement on the proper procedures for a
victim to follow after a sexual assault - A statement that sexual assault by a person who
is known to the victim, including sexual assault
by a person who is the spouse of the victim, is a
crime - A statement that domestic violence or assault by
a person who is known to the victim, including
domestic violence or assault by a person who is
the spouse of the victim, is a crime - Penal Code 13701
47Victim Confidentiality
- Advise that name will become a matter of public
record unless they request otherwise - Advise the victim of his/her right to anonymity
- Law enforcement agencies are prohibited from
disclosing the victims name and address to
anyone except the prosecutor, if requested by the
victim - Use the victims true name when completing their
crime and arrest reports, property tags, hospital
records, etc. These records are a necessary part
of a criminal investigation and do not become
public record in a criminal prosecution
48Follow-upAKA Turning a 243(e) into a 273.5
- Photographs
- Self-sought medical care
- Continued threats or violence
- Review and fill the gaps
- Second offer of support services
49Copies of Report
- District Attorney's Office All cases
- A Womans Place All cases
- CPS within 36 hours - If children are present or
living in the home
50Sexual Assault Investigations
- Determine the need for an evidentiary exam
- Notify the SART (209) 722-4357
- Transport the victim to an appropriate facility.
- Stand by during the Sexual Assault Evidentiary
Exam - Provide transportation to the victim upon
completion of the examination - Impound evidence
51Sexual AssaultFollow-up Interviews
- Victim Right to Support (PC 679.04)
- Right to have a sexual assault victim counselor
and at least one additional support person at any
evidentiary, medical or physical examination or
interview by LE , DA, or defense attorneys - Prior to any interview by law enforcement or
district attorney contact the victim shall be
notified either orally or in writing by the
attending law enforcement authority or district
attorney that the victim has the right to have a
victim advocate and a support person present in
the interview. - (Does not apply to initial investigation by law
enforcement at the crime scene)
52Teen Relationship Violence
- The Penal Code applies equally to juvenile
offenders - Referred to the District Attorney through
Probation - Juvenile Court has jurisdiction over the minor
and the District Attorneys office is responsible
for prosecution of the case - All provisions of the Family Violence Protocol
apply to all juvenile cases of domestic violence - Protective orders for teens
- A minor 12 years old or older may seek a
protective order against an abusive partner
without a guardian or counsel under Family Code
372 - EPOs are also available to teen victims
53Military Suspects
- All domestic violence incidents involving
military suspects shall be handled according to
this protocol if - The incident occurred outside the boundaries of a
military facility and - Local LE agencies are called to assist in
handling such an incident. - The intent is to eliminate all informal
referrals, diversions, or report taking omissions
in the handling of domestic violence incidents
involving military personnel
54Completed Courtesy Reports
- Law enforcement response to out of jurisdiction
crimes - Attempt to contact the agency where the crime
occurred - Ascertain if the agency will send officers to
conduct an investigation in a timely manner - While waiting for the responding officers from
the jurisdiction where the crime occurred,
prepare a short report to document anything the
officer witnessed firsthand - If an officer from the jurisdiction where the
crime occurred is unavailable, prepare a
courtesy report
55Courtesy Reports
- Notify the agency where the crime occurred that
the report has been made via telephone or through
the communications section - Fax a complete copy of the investigation to that
agencys record section and/or to the
investigative unit responsible for investigating
the crime - Confirm with the agency that the fax was
received, is complete, and is legible - Mail the original report, property tags, and
photographs to that agencys records section
56Federal DV Laws
- The Violence Against Women Act (1994)
- Interstate Travel to Commit Domestic Violence (18
U.S.C. 2261) - Interstate Stalking (18 U.S.C. 2261A)
- Interstate Travel to Violate an Order of
Protection (18 U.S.C. 2262) - Possession of Firearm While Subject to Order of
Protection - Transfer of Firearm to Person Subject to Order of
Protection - Official Use Exemption
- Possession of Firearm After Conviction of
Misdemeanor Crime of Domestic Violence - Transfer of Firearm to Person Convicted of a
Misdemeanor Crime of Domestic Violence - Official Use Exemption
- Full Faith and Credit to Orders of Protection
- Self-Petitioning for Battered Immigrant Women and
Children