Domain 25

History of Domestic Violence

• 753 earliest known cases of wife beating

• Rule of Thumb

• Chinese customs

• 1400s/Christianity –better to punish her body……

• Islam-beat the men, kill the women

• 1871 U.S. Lawmakers doubted the privilege of the husband to beat his wife.

• Gold Rush and women

Definitions

Affects of Domestic Violence

• Used as Power• Witnessed As a Child• Blames others• Jealous, Controlling• Desperate with fear

of leaving without mate

• Uses Violence –conflict or anger

• Not always angry outside of home

• Low Self Esteem• Remorseful• Intimidates and

Threatens• Denies or minimizes

Victims may be or believe

• May be immobilized by fear.

• May believe any or all of the following myths:

• Violence is a traditional aspect of a relationship

• Victim is responsible for the violence.

• Victim can solve the problem.

• There are no alternatives.

• Victim Complies, Violence will stop.

• Violence is caused by– Poor Relationships

– Substance abuse

– Stress

Victim believes family

should be kept together

at all costs.

• Victim may minimize the extent of violence or injury.

• Trauma may cause victim not to recall facts accurately

• Victim may submit to batterer’s control.

Victim’s Reasons for Staying!

• Retaliation if Victim leaves.

• Economics• Children• Lack of support from

victim’s family.• Low Self-esteem• Emotional

Dependency

• Threats of Suicide/homicide

• Fear of unknown• Belief CJS will not

help.• Religious/Cultural

Beliefs.• Love/

Guilt/Helplessness

Family Structure/Cultural Affects

Impact of law Enforcement

Impact on Victims

• May begin to believe something can be done.

• Lessens guilt & shame.

• Sees Someone is willing to help

• Realizes they have rights

• May prevent continued violence.

• Regains a measure of control

• May break intergenerational chain of violence.

• No matter motivation is criminal behavior.

• Negative consequences

• Violence is not a private matter.

• May deter continuing violence.

• May deter Continued

Impact on children!

• May prevent further violence, abuse or emotional trauma

• Relays message that violence is wrong

• Breaks intergenerational violence.

• Establishes parents as responsible party not children!

• Enables access to social services and professional counseling.

• Penal Code Section 13701

• Section 13710

• Section 13730

Documenting the Crime

• All domestic violence calls require a written report.

• Note Sobriety of involved parties

• Describe injuries

• Weapons

• Arrests made, why or why not

• Referral made

Reports will include:

• Nature of the crime

• Victim’s Statements

• Witness Statements

• Officers observations

• Statements of prior DV

• Officers Knowledge• Documented Reports• Medical Records• Existence of court

orders• Victim’s Emotions

Why Document DV

• Preservation of Evidence

• Importance of Documentation

• Assisting Victims in pursuing Criminal options

Explaining The Steps

Felony Crime Sections

• 245 PC• 273.5 PC• 422 PC• 646.9 (b) PC• 591 PC• 261 PC• 262 PC• 236 PC

• 207 PC• 136 PC• 277,278, 278.5 PC• 3056 PC• 1203.2 PC• 417 (b) PC• 273.6 PC• 243 PC

• 243 e (1) PC• 240, 241 PC• 166.4 PC• 602.5• 594 PC• 415 PC• 467 Pc• 647 (f) Pc

• 417 PC• 836 (b) PC• 142 PC• Cite and release

Procedures• When to cite, when to

book

Types of Court Orders

Emergency Protective Orders (F.C. 6250)

Ex Parte Restraining Orders

D. V Temporary Restraining Orders.

Proof of Service

Order to Show Cause

Order after Hearing

Permanent Injunctions (166.4PC)

• Provides for temporary custody and support

• Restitution or court ordered counseling

• Restraining Orders

Restraining orders are Available to:

• Spouses• Former Spouses• Persons Dating• Former Dating

persons• Engagement/ Former

• Parties with Children• Persons Related by

Consanguinity of affinity with second degree

• A person who resides in a household

• Formally Resides

Other issues:

• Procedures for obtaining an order

• Family or household member defined

• Duration of orders

• DVPA And duration

• FLA And duration

• UPA and Duration

• Civil Harassment Restraining Orders

• Criminal Stay-Away Orders

Verification and enforcement of court orders

• Penal code 13710

• CLETS Verification

• Violation is a Misdemeanor

Verification of validity

• Court Stamp

• Case Control Number

• Expiration date

• The Person to be Protected.

• The person to be restrained

• A Judges Signature• Proof of Service• Order not verifiable• Terms of an arrest

Investigative Procedures

• Initial call and response

• Incident Observed by officer

• Arrival at call• Stand to the side of

door• Contact and separate

• Determine if any injuries

• ID all parties involved

• Witnesses• Determine if DV and

Which Crime• Prior History and

Arrests to be made

• What to do if suspect is not present

• Need for follow up

• Physical Evidence

• Mandatory reporting

Victim Assistance and Protection

• Provide victim with report number

• Obtain EPO when needed

• Advise victim of safety steps

• Recommend an escape plan

• Seizure of firearms

Review and Questions

• Things to know for the test

• Review handouts

• Look at Website

• http://ctap295.ctaponline.org/~ctracy/