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Domestic Violence

Domestic violence is a crime, not a family matter, and should be approached as such by law enforcement. The three primary responsibilities of law enforcement in domestic violence cases are to: (1) provide physical safety and security for victims (2) assist victims by coordinating their referral to support services, and (3) make arrests of domestic violence perpetrators as required by law. (4) end the conflict An immediate legal response can make a major difference in the disputants lives.

Response to Domestic Violence

Once officers have arrived at the scene of the incident, the officers should separate the victim and suspect as soon as safely possible and interview them separately. Take the victim out of hearing range and away from eye contact with the suspect. This will greatly decrease the likelihood that she will be intimidated by the suspect. It also increases the likelihood of her cooperation with the officers. Separate the parties involved in domestic violence before interviewing them, even if they are not violent or arguing when you arrive. The responding officers must take immediate control of the situation and separate the parties to prevent any violent actions.

When Parties Should be Separated:

The responding officer should interview the victim and assailant as fully as circumstances allow. The officer should make note of any incriminating statements. The officer should obtain either a written or tape recorded statement from the victim. The questions should be specific and direct and asked in a supportive and matter-of-fact tone of voice. Questions which appear to blame the victim or which are asked in a hostile tone of voice may have the effect of further intimidating the victim or obscuring important evidence. Therefore the officers should not ask accusing or hostile questions.

How to Interview Parties:

A thorough investigation at the scene is critical to both the current and any future criminal case filed against the suspect. In addition, detailed knowledge of the present incident and past incidents will increase the officers ability to make appropriate decisions about their arrest options and to correctly advise victims on follow-up procedures. Officers often will be walking into a situation in which the relationship between suspect and victim has been characterized by a history of domestic violence. In order to respond effectively to the present incident, the officers will also need to know about past incidents, and therefore, they should also document for relevant historical information

Information In the Report

The federal law directs jurisdictions to give full faith and credit: Abused persons who are granted court orders of protection can call upon law enforcement to protect them and to take all appropriate action against abusers nationwide. The Federal full faith and credit provision of VAWA applies to both criminal and civil orders of protection:

Laws which Protect Victims

Abusers use violence, financial control, or threats about the children, to compel victims to return. Additionally, a lack of support from friends, family members, or professionals, such as court personnel, law enforcement officers may cause victims to return. Since the risk of further violence often increases after victims separate from their abusers, it can be even harder for victims to leave if they cannot obtain effective legal relief. Victims who receive appropriate legal assistance at an early stage increase their chances of obtaining the protection and financial security they need to leave their abusers permanently. While some victims may become involved with other partners who later begin to abuse them, there is no evidence that the majority of victims have this experience.

Victims Return to Abusers

It is a preferred course of action for an officer to arrest the alleged offender in cases of domestic violence if probable causes exists that crime has occurred and that a particular person is guilty of that crime. If there is more than one aggressor involved in the incident, that is, both party to aggression or assault against each other, it is a preferred course of action that the officer identify the primary physical aggressor and that person be arrested . If the investigating officer finds probable cause to believe that a deadly weapon or dangerous ordinance was used the incident will be treated as a felonious assault and the offender shall be arrested. If the investigating officer finds probable cause to believe that the offender/primary aggressor knowingly caused serious physical harm to another, knowingly caused or attempted to cause physical harm then the offender will be arrested.

Make an Arrest

Objective and testimonial evidence from the parties and other persons at the scene including children Whether one person acted in selfdefence. The presence of fear of the parties involved and the level of fear. Officers should not use mutual arrests as a substitute for a thorough investigation. Arresting both parties is not the preferred response.

Dual Arrest & Evidence

Victim Assistance Services include:

support information referral

Counselling, safety planning, legal advocacy ,children's services and temporary food and housing Understanding just these two theories should assist the police officer in understanding that the victim in the domestic violence case is not attacking them for doing their job; they are simply surviving in what has become their reality. Therefore, police officers should not elect to ignore the reluctant victim of the abuse; instead, they should do everything they can to develop a criminal case that can be prosecuted without the aid of the victim.

Victim Assistances