Investigating Domestic Violence Pete Helein Chief of Police
Appleton Police Department Best Practices Oshkosh - May 23,
2013
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Engaging Stakeholders How Do You Engage? How Might You Benefit?
How Do You Encourage Victims To Report? Lunch Exercise
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Objectives Understanding The Victim Review Mandatory Arrest
Standards Determining The Primary Aggressor Physical, Sexual And
Emotional Violence Connecting With Children Building Your Case
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This Presentation Does Not Constitute Legal Advice. Youre
Encouraged To Consult Your Local Prosecutor If You Have Questions
That Require A Legal Opinion.
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The First Step In Solving A Problem Is Understanding It
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Law enforcement officers are key to: prioritizing communicating
and reinforcing the commitment to end domestic violence.
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Share Your Vision, Communicate Your Expectations, and Lead By
Example
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Develop A Community Agenda To Prevent Domestic Violence
Homicides
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Encourage your community to recognize sexual, physical, and
emotional violence as a community problem, not exclusively a police
problem.
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Frustrations and Challenges
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Quick Fixes and Magical Solutions
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Do What You Do Best
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Best Practices Positive Relationships Clear Communication
Shared Expectations Training
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Best Practices Citizens - reporting violence Advocates -
supporting victims Police - gathering evidence Prosecutors -
holding abusers accountable Probation and Parole holding abusers
accountable
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Mandatory Arrest A law enforcement officer shall arrest and
take a person into custody if the officer has reasonable grounds to
believe that the person is committing, or has committed domestic
abuse and that the person's actions constitute the commission of a
crime; and any of the following apply: 968.075(2), Wis. Stats.
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Intentionally inflicted physical pain, injury or illness
Intentionally impaired the victims physical condition Constitute 1
st, 2 nd, or 3 rd degree sexual assault Caused the victim to fear
they are about to be physically harmed or assaulted
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Does the Officer Reasonably believe there is a likelihood of
continued abuse (Bodily harm, sexual assault, impairment or threat
of harm assault) against the victim Have evidence of physical
injury to the victim
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Consent An officer's decision as to whether or not to arrest
may not be based upon the consent of the victim to any subsequent
prosecution or on the relationship of the parties. 968.075(3)(c),
Wis. Stats.
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Visible Injury An officer's decision not to arrest may not be
based solely upon the absence of visible indications of injury or
impairment. 968.075(3)(d), Wis. Stats.
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Determining The Predominant Aggressor
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Predominant Aggressor When an officer has reasonable grounds to
believe that adult spouses, former spouses, or other adult persons
that reside or have resided together or have a child in common, are
committing or have committed domestic abuse against each other, the
officer does not have to arrest both persons, but should arrest the
person whom the officer believes to be the Predominant Aggressor.
968.075(2)(am), Wis. Stats.
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Self-Defense A person is privileged to threaten or
intentionally use force against another for the purpose of
preventing or terminating what the person believes to be an
unlawful interference with his or her person.
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ELEMENTS OF SELF-DEFENSE Person using force had a reasonable
belief that s/he was at risk of bodily harm. Risk of harm was
actual or imminent. The force used was that force reasonably
necessary to prevent or stop the infliction of bodily harm.
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Use of Force Continuum
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Defensive Actions
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Dual Arrest The custodial arrest and confinement of two or more
people for committing domestic abuse crimes
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Offenders often use cross complaints to punish victims
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Consequences of Inappropriate Dual Arrests Lessens ability to
prosecute Victims are further victimized Decreases chances victim
will seek further help Increases liability Abusers gain power and
control
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Dual Arrests should be limited to those incidents when an
officer determines that both parties were mutual combatants,
equally involved in the commission of a crime against another
person, and neither person was acting in self-defense.
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The Predominant Aggressor is not necessarily the first person
who strikes another person
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The Predominant Aggressor refers to the person who the
investigating officer determines has engaged in criminal behavior
and was not acting in a manner consistent with self-defense
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Determining the Predominant Aggressor, Consider : The intent of
the law to protect victims of domestic violence The relative degree
of injury or fear inflicted on the persons involved Any history of
domestic abuse between the persons, if that history can be
reasonably ascertained by the officer
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Officers Should Also Consider Level of violence Injuries
sustained from actions consistent with self-defense include bite
marks on the chest, biceps or forearms and scratches on the face,
chest, or neck An individuals ability to defend themselves Past or
present signs of fear Use of Power and Control Tactics Criminal
history of involved parties Past or present Restraining Orders
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Frustrations With The Victim
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What Is The Most Significant Challenge? Victimstoo afraid to
testify because the suspect has threatened to kill them and/or
their children.
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POWER AND CONTROL
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Stalking
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Strangulation Intentional Act Over A Sustained Period Of
Time
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Seek To Understand Before You Wish To Be Understood
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BARRIERS TO LEAVING Relentless behavior of batterer Fear of
what the batterer might do Fear for children Financial dependence
Isolation/lack of support
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Help victims help themselves What you tell them will make a
difference
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A Victims Consent and Cooperation Are The Gateway To A Thorough
Investigation
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Im afraid for your safety Im afraid for the safety of your
children It will only get worse Im here for you. You dont deserve
to be abused. (Sarah Buel) Gathering Evidence 5 Things To Tell A
Victim
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Preserving The Evidence Safety Plans Shelters Protection Orders
Bail Conditions Seizing Firearms and Ammunition Compassion
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Evaluating Injuries
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Defensive Injuries Injuries sustained when a person is trying
to defend herself or himself Wounds can be either on the victim or
the offender Victim admits violence Suspect blames victim
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Defensive Actions
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Defensive Injuries Scratches on the face Bites to the
hands/chest Injuries to the back, buttocks, or back of legs
Scratches to forearm Kicking injuries Other?
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Female victim defended herself from being hit/strangled by
scratching the suspect
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Offensive Injuries Injuries sustained when attacked Wounds can
be on victim or offender Examples: broken nose, stab wounds, black
eye, and gun shot wound Example of offensive wound on offender
includes gashed knuckles Other?
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THE GOLDEN HOUR Investigating Violence, Threats, and Fears
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Are You Asking The Right Questions To Gather The Right
Evidence? Prosecutors Expectations
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Arrest and Confinement OR Arrest and Conviction Law
Enforcements Expectations?
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Arrest And Confinement Gather Enough Evidence to Establish
Probable Cause (Minimal Expectations)
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Arrest And Conviction Gather Enough Evidence to Prove Beyond a
Reasonable Doubt
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Documenting The Violence Collecting The Evidence Necessary To
Convince The Jury
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Investigative Guides
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Documenting Terror Collecting The Evidence Necessary To
Convince The Jury
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Four Questions
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What Questions Do Your Dispatchers Ask? Law Enforcement
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What Does Your Prosecutor Need To Charge and Convict? Law
Enforcement
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What Does Probation and Parole Need to Confine and Revoke? Law
Enforcement
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How Can Advocates Help You Help The Victim Survive? Law
Enforcement
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Why Should You Care? Because it may save your life or the life
of a fellow officer
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Homicide Prevention Firearm Seizures =
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The information available in a 911 call may save your life and
make your case
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Dispatchers Are The first one on scene. Able to gather facts
and disseminate critical information. Recording the 911 call that
may be critical to the outcome of the incident and the disposition
of the case. Able to set the tone for the caller and the responding
officers
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Nature Of The Call What is happening or just happened? Is
medical attention needed? What are the names of involved? Who is
injured and how were they injured? What is the current level of
danger? Was a weapon used or did anyone threaten to use a weapon?
Are there children present?
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If it isnt in your report, it didnt happen
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Gather Digital Evidence Squad Video and Audio Personal
Video/Audio Recorders Social Media (Phones, Facebook, And
Texting)
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Digital Stalking
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GPS Tracking
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Calls From The Jail
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Evidence Collection 911 Call = threats, admissions, weapons,
and background noise History of Violence Observations (Before and
After Entry) Victim Statement Suspect Statement Witnesses
(Neighbors and children) Photos Predominant Aggressor Risk
Assessment
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Evidence Collection Medical Records Protection Orders Stalking
Assessment GPS Cyber Stalking Spyware Texting Emailing Facebook
Twitter (Continued)
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Documenting the Crime Scene Actual location and adjacent areas:
Overturned furniture Broken items Damage to walls, doors, windows
Signs of forced entry Damage to telephones Bloodstains
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Documenting Damaged Clothing On the victim or offender Ripped
or torn Bloodstained Punctured
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Types of Wounds On the victim and offender Typical assault
wounds Defensive wounds Offensive wounds Multiple wounds over
time
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Documenting Weapons Firearms, knives, household objects,
anything used to threaten or harm the victim: Fired Pointed Thrown
Stabbed Struck
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Interview victim in separate room Consider body language, tone
of voice, eye contact Ask open-ended questions Be nonjudgmental
Respect cultural differences Ask about threats, history of
violence, strangulation and stalking Interviewing The Victim
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Interviewing the Victim Begin the interview with you statements
and questions. How are you feeling? Im sorry this happened to you.
May I call you by your first name? Where would you like to do this
interview? Asking non-invasive questions at first and showing
concern for the victims well-being may help the victim to relax and
may aid in enabling the investigator to build rapport with the
victim.
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Interviewing the Victim While the investigation is routine for
the officer, it can be traumatic, degrading, and life changing
event for the victim. The officer sets the tone for the
investigation: The victim will assess body language, demeanor and
verbal language.
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Interviewing the Victim Interview the victim in a room that is
separate from where the suspect is interviewed. Victims may not
speak freely if the abuser is present. The abusers presence can
intimidate and silence the victim.
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Interviewing the Victim Be honest. If the victim provides
information that will have to be revealed in court (i.e., child
abuse, assaults), tell her in advance. Listen to the victims story
before asking questions.
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Interviewing the Victim Let the victim know that you are
concerned for her safety. Your tone of voice, eye contact and the
words you use will convey this message.
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Interviewing the Victim Be nonjudgmental when questioning
victims. Ask specific questions about the crime scene and the
abuser. Be careful not to blame, accuse or be disbelieving.
Acknowledge the victims fear, anxiety, anger or ambivalence about
what has occurred. Validate her feelings.
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Interviewing the Victim Ask open-ended question like, And then
what happened? or Tell me more about that. Listen carefully and
take accurate notes for inclusion in the report. If something is
unclear, ask specific questions to clarify details.
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Interviewing the Victim Keep the victim informed with we
statements. We need to review some information together. We need to
broadcast some information to try to find the suspect. Use of the
word we provides the victim with the sense that this is a team
effort, that she has a vital role to play and that she has some
sense of control.
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Interviewing the Victim Tell the victim what you need with I
statements. I need you to remember as much of the details as
possible. This will reassure the victim that her complaint is being
taken seriously and will be handled professionally.
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Interviewing the Victim Encourage the victim to ask for an
explanation if a question is unclear or if a term is used that is
not understood. Watch the victims body language and other
non-verbal responses.
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Interviewing the Victim When the victim is finished, ask if
there is anything else she wants to add. Dont ask questions not
directly related to the investigation (other than in the rapport
building stage).
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Connect With The Children
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Impact on Children
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IMPACT ON CHILDREN Children are often present when battering
occurs. Children can be traumatized by witnessing the attacks or
Children can get in the way of the attack and receive
injuries.
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IMPACT ON CHILDREN cont. High co-occurrence of domestic
violence and child abuse (Abused by the batterer). Batterers use
children as a way to maintain control over their victims.
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CHILDREN LIVING WITH DOMESTIC VIOLENCE May not exhibit outward
cues of the violence they have witnessed. May never discuss the
violence nor act-out behaviors that would alert others to the
violence.
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INTERVIEWING CHILDREN Get on the childs level!
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INTERVIEWING CHILDREN Location Determine the childs education
level Do not ask leading questions Body language (officer and
child) Use childs language Time, distance, height, weight Never
bribe, threaten or coer ce
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INTERVIEWING CHILDREN Be aware of childs fear or signs of abuse
Be aware of childs inclination to feel guilty and reassure they are
not responsible Do not use children to interpret Do not make
promises Closure