violence

1
violence
module 2
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates

• domestic

A Womans Place
HSA-SAS mod2dv.ppt (5/07)
2
Module 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
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Historical Perspective

• One hundred women are not worth a single
  testicle.
• Confucius, 551-479 B.C.E.

4
18 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.

5
Commentaries 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.

6
State 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.

7
New 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

8
Agency 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.

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ProtocolPenal 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.

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Penal 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

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Domestic 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?)

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PC 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.

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Cohabitant

• 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.

14
Evidence from Victim

• Taped Victim Statement
• Photos
• Your Observations
• Court Documents/Orders
• Location of Weapons
• History of Violence
• Other Illegal Activity
• Contact Information

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Observations of Victim

• Demeanor
• Emotional state
• Intoxication
• Physical condition
• Injuries
• Clothing
• Make-up

• Medical condition
• Emergency room
• Ambulance
• First aid

16
Victim Interview - Goals

• Complete statement current event
• Relationship of parties
• History of abuse
• Role of drugs or alcohol

17
Interviewing 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

18
Interviewing 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)

19
Interviewing 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?

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Strangulation243(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?

21
Evidence from Suspect

• Taped Suspect Statement
• Photos
• Your Observations
• Location of Weapons
• History of Violence
• Other Illegal Activity
• Written Statement

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Interviewing Suspects

• Document spontaneous statements
• Interview separately
• Record the statement
• Provide Miranda advisement

23
Interviewing Suspects

• Let the suspect tell the story and vent
• Control the interview
• Acknowledge suspects anger, frustration, and
  concern
• Dont make accusatory statements

24
Interviewing 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

25
Dominant 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.

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Dominant 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

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ArrestsPenal 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.

28
DV 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)

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243(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)

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Court 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)

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Improper 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

32
Animal Control

• Suspect arrested
• Victim entering shelter or receiving medical
  treatment
• Children cared for by relative or detained
• Additional evidence of abuse

33
Document All Potential Witnesses

• Reporting party
• All adult residents
• All child residents
• Guests
• Neighbors
• People or businesses nearby

34
Observations of Children

• Excited utterances
• Displays of fear
• Injuries to the child
• Show and tell

35
Children 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

36
Interviewing 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

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Guidelines 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?

38
Cross 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

39
Medical 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

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Evidence

• 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

41
Written 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)

42
Recommended 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)

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Written 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

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Written 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

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Written 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

46
Written 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

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Victim 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

48
Follow-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

49
Copies 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

50
Sexual Assault Investigations

• Determine the need for an evidentiary exam
• Notify the SART [phone]
• 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

51
Sexual 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)

52
Teen 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

53
Military 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

54
Completed 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

55
Courtesy 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

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Federal 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