Domestic Disturbances Law Enforcement I. 2 Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted ©

Domestic DisturbancesLaw Enforcement I

2

Copyright and Terms of Service

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Domestic Disturbances

Verbal or physical arguments among family members

3Copyright © Texas Education Agency 2011. All rights reserved.

Images and other multimedia content used with permission.

Family

Related by blood or marriageFormer spousesParents of the same child (even if

they don't live together) Roommates and former roommatesDating Relationships



Dating Relationship

Type of relationship is determined byLength of the relationshipNature of the relationshipThe frequency and types of

interaction between the persons involved



Most Common Offenses

Class C Assault◦ The victim is offended by the contact

Class A Assault◦The victim has sustained a bodily injury

Aggravated Assault◦The victim has sustained a serious bodily injury or

◦A deadly weapon is usedMurder

◦The victim is dead



Other Offenses

Terroristic threatsHarassmentSexual AssaultIndecency with a childCriminal mischiefAnything else involving

people



Differences in These Calls

If an officer has probable cause to believe an offense has occurred, he or she can make an arrest right away, even if they did not see it happen.



Common Causes or Reasons

Money issuesExtramarital affairs Disagreements over parentingDisagreements about other family

membersAlcohol or drugs



A Police Officer’s Role

Diffuse the situationDetermine if a crime

has occurredDetermine the best

course of action to takeWork with backup

officers appropriately



Diffuse the Situation

Separate the partiesRemove or reduce other noiseAllow the person to vent to you



Determine if a Crime Occurred

Some questions to ask◦Has there been physical contact?◦Are you hurt or offended?◦Is it just a verbal argument?



Determine a Course of Action

Make an arrest if necessaryConvince or assist one of the persons

to leaveAllow everyone to stay if there was

no offense



Work with Backup Officers

Wait for coverCommunicate effectivelyKeep each other in sight



Wait for Cover

Do not go in by yourself if you don't have to

Go in together when the door opensDo not make an arrest alone



Communicate Effectively

Let the other officer know your party's story

Communicate threatsAgree on the course of action to take



Keep Each Other In Sight

Know where the other officer is at all times

Tell your partner if you go into another room

Know how close the suspect is to both of you



Eliminate Threats

Make a safe approach◦Listen before knocking on the door◦Do not stand in the fatal funnel◦Have your gun hand free



Eliminate Threats

Locate weapons◦Ask where all the weapons are◦Take the weapons away in plain view◦Pat down suspects if necessary



Eliminate Threats

Interview in safe areas◦Keep away from the kitchen area◦Keep away from the garage◦Search a couch before they sit on it



Diffuse a Hostile Situation

Separate the parties◦Use justifiable physical force if necessary◦Yell to gain their attention◦Assert your authority and presence as an officer




Eliminate other distractions◦Turn off televisions and radios◦Have animals put away◦Try to comfort any children who are watching




Calm the person down◦Allow the person to tell his or her perspective

◦Use verbal and nonverbal clues to show that you are listening

◦Be honest (within reason)



Use Interviewing Techniques

Keep your gun side away◦Stand at a bladed stance◦Be aware of people behind you◦Keep your gun hand free when possible◦Keep your hands at or above your waist




Ask open-ended questions◦Allow them to tell you the whole story◦Don't put words in their mouths◦Be an active listener




Clarify everything being said◦Summarize what they said◦Take notes◦Ask questions when needed



Determine Appropriate Action

Physical Contact◦Look for marks or bruises◦Determine if the victim is being honest

Consider possible reasons for the victim to lie

◦Determine if it is only a verbal argument




Third Party◦Ask if the witness saw who was hit first

◦Determine if the witness is biased

◦Decide if the marks match the story




Officer's options◦Texas has a “no tolerance” policy◦Most departments require that some kind of action is taken: Citation Arrest or Disturbance report



Possible Solutions

Verbal Argument ◦One of the parties leaves for the night◦A family member or friend comes over◦Convince them to cool off if they stay



Possible Solutions

Physical Argument◦No offense – disturbance report◦Class C – write a ticket or take to jail◦Class A or above – jail◦An Emergency Protective Order may be required



Depart the Scene

Leave a blue card with pertinent information

Have everyone's informationHave photos and written statements



Resources

Texas Penal Codehttp://www.statutes.legis.state.tx.us/Index.aspx

Law Enforcement Exploring http://www.learning-for-life.org/exploring/lawenforcement/



http://www.statutes.legis.state.tx.us/Index.aspx

http://www.learning-for-life.org/exploring/lawenforcement/

Documents

Domestic Disturbances Law Enforcement I. 2 Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted ©