Police as First Responders to

Domestic Violence

Learning Unit 4

A mini content lecture designed as a supplemental learning resource for CRJ 461 by Bonnie Black.

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Prior to 1980 Arrests on misdemeanors, only if committed in officer's presence.

Domestic violence considered civil matter NOT criminal .

Result: Few Arrests

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Historically: Police Mediated D.V. Situations

Defuse conflict Suggest husband or boyfriend “cool off” Encourage one party to leave or take a

walk Viewed as marital dispute -- family issue Victim blaming common Repetitive calls resulted in frustration Lax or non-existent police policies on D.V.

Crisis Intervention

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Practice of Mediation Ends in Early 1980’s

Push for greater accountability and punishment

Recognize need to limit police discretion

Emphasis on deterrence Police not qualified to mediate Didn’t stop the abuse; police

continue to go to same homes over and over

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Push for Change Feminist Rallied for New Legislation

• Publicity• Built Momentum• Victims United

Key Lawsuits Against Law Enforcement• 1979- Sorichetti v. City of New York• 1984-Thurman v. Torrington

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Police Held Liable 1979 - Sorichetti v.

City of New York

Suit filed after “father attacked daughter with a fork, knife and screwdriver; then tried to saw off her leg” during visitation

Ruling: “Police failed to investigate reports daughter had not returned from visit with father” with a protective order in place.

Award: $2 Million

Source: “Insult to Injury” by Linda G. Mills, p. 36-7.

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Police Held Liable 1984 – Thurman v.

Torrington• Suit filed after police

failed to arrest after he violated probation terms and a protective order. A delayed response by police to a call by the victim resulted in her being stabbed repeatedly and severely injured.

Ruling: Police repeated failure to intervene and arrest violated Constitutional rights; proved police department treated intimate violence different than stranger violence.

Award: $2.9 Million Source: “Insult to Injury” by Linda G. Mills, p. 37.

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Mandatory and Pro-Arrest Policies Are Implemented

Attempt to create consistency in response.

Attempt to counter frustrations about D.V.

Based on deterrent approach.

Victim is no longer responsible for arrest decision. Does it

work?

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New Laws Don’t Always Change Attitudes and Actions

Discretion still exists. Repeated calls to same house continue. Primary aggressor determination is

difficult. Led to “Dual Arrests.”

• Police arrest both parties Revictimization of victim occurs Fosters belief D.V. is a marital issue Allows abuser to blame victim and avoid

responsibilityAnother Issue: Most victims don’t call the

police!

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Police Justify Dual Arrest

“I arrested them both to teach them a lesson. I am tired of going back to that house over and over again.”

“If I arrest both of them, then the victim can get some help.”

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Why Victims Don’t Call the Police

Victims fear retaliation Believe police won’t

do anything Cultural norms:

• see family issues as private

• Brings shame to whole family to reveal secrets

May be illegal immigrant or have a warrant

Loss related to income or child custody

Acceptability of violence as normal

Negative past experiences with the police

Decision making is impaired because of abuse (PTSD)

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Think About It! Should victims retain some control in

whether their partner should be arrested?

How important is victim empowerment in the criminal justice process?

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Police Training on D.V. is Added

Required in academy for new recruits.

Encouraged as continuing education for officers; in some jurisdictions it is mandatory.

Victim advocates and survivors participate or have a voice in officer training bringing in new perspective.

D.V.

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Training Focus Role in Victim Safety

Understand D.V. and Victim Dynamics to Counter Frustration

Collection of Evidence and the Importance of Documentation

Define and Clarify D.V. Laws and Changes that have Occurred

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Think About It! Should 911 operators also get training on D.V.?

Example:

“Operator: What is your emergency?Maria: I was just – I have a restraining order on my husband and he just

threatened me. ‘I’m coming over there with a .35, some kind of gun, and shooting everybody.’ I am having a party and it’s my birthday….

Operator: But he hasn’t come over there?Maria: No, he hasn’t.Operator: But he’s just threatening to do so?Maria: Yes, I am sure he will.Operator: Okay, well the only thing to do is just call us if he comes over

there. I mean, what can I do? We can’t have a unit sit there and wait to see if he comes over?

Maria: Oh, my God.Operator: So if he comes over, don’t let him in. Then call us.Maria: Thank you.” Example Source: “The Criminal Justice Response to Criminal

Justice” by Andrew Klein, Thomson Wadsworth, 2004.

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Outcome “A short time later, the husband scaled a back

wall into the yard, crashed through the back door of the tiny house….shooting. When the shooting was over, Maria and three others were dead and others seriously wounded. The husband fled to his father’s house…..surrendered to police.”

Lawsuit: Fajardo v Los Angeles Decision:

http://caselaw.findlaw.com/us-9th-circuit/1142367.html

Think About It!With training, what could have the 911 operator done differently or was it an appropriate response?

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Community Policing Emerges

1. Changes police role from crime fighter to problem solver.

2. Focus on non-crime problems and resolutions.

3. Greater reliance on community resources.

D. V. no longer just about arrest.

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New Laws Empower Police

State Level: Laws expand with greater consequences

Federal Level: Violence Against Women Act (V.A.W.A.)

September 13, 1994 Part of the Violent Crime Control and Law

Enforcement Act of 1994 Created New Crimes: Sexual Assault,

Stalking. D.V. Protections for Victims Funding for Training and Victim Services

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Discretion Influences Actions Definition:

• The authority to decide

Reality:• Despite policy changes,

police attitudes, frustrations and lack of understanding about D. V. influences discretion.

Ingredients of Discretion:

• Facts• Values• Influences

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Factors NOT Relevant to Arrest Decision

• Claim by accused victim provoked or perpetuated violence.

• Verbal assurances violence will stop.

• Denial by either party abuse occurred when evidence exists.

• Speculation victim will NOT follow through or cooperate with criminal prosecution.

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Factors NOT Relevant to Arrest Decision

Victim’s statement they don’t want their partner arrested.

Disposition of any previous police calls involving same victim or accused.

Speculation arrest may not lead to a conviction.

Victim’s emotional state.

Where incident occurred; private place.

Race, culture, social, political, or professional position of victim or accused.

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Do abusers attempt to manipulate law enforcement officers when they respond to domestic violence, thus

influencing officer discretion?

Think About It!

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Ways Abusers Attempt to Manipulate Officers

Pretend they were sleeping.

Be apologetic, friendly, polite and very courteous.

Express frustration or sadness over the alcoholic and/or drug addicted victim.

Attempt to get sympathy by presenting themselves as a "victim."

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Ways Abusers Attempt to Manipulate Officers

Tries to get officers to relate to their situation - "You know how those women are."

Will lie and fabricate a story; blames victim.

Will be calm and surprised by officers' arrival.

Will minimize incident by describing it as "a little" disagreement or a "family issue."

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Arrest Requires Probable Cause

Definition:• Some evidence exists to lead the officer to

believe that the offender “probably” did it.

Domestic violence complicates arrest decisions• What if both have injuries?• Should primary aggressor be considered?• What happens if probable cause can’t be

determined? Think about it!

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Options for Non-Arrest Situations

1. De-escalate2. Ask Someone to Leave3. Write an Appropriate Report with

Written Statements4. Advise & Warn Parties; Complete

an Incident Card5. Make Appropriate Referrals6. Provide Safety Plan7. Explain Orders of Protection

No Probable Cause Exists

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1980Domestic Violence

Laws Enacted

A.R.S. 13-3601/13-3602

Arizona

Profile

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1980 Arizona D. V. Laws Empower

Police Officers can arrest on misdemeanors which

did not occur in their presence.

Creates the option of obtaining an Order of Protection.

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Arizona D.V. Laws Continue to Expand

Mandates arrest under certain conditions

Emergency Orders of Protection added

Violations of civil protective orders are criminal

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AZ - New Felonies Added Aggravated Domestic Violence

A.R.S. 13 -3601.02“If you are found guilty of a misdemeanor domestic violence charge for a third time (in an 84 month period) you can be charged with a felony…..considered a Class 5 felony and carries up to 2 ½ years in prison for a first conviction.”

Aggravated Harassment A.R.S. 13-2921.01

Source: www.myarizonadefenselawyer.com/arizona-criminal-charges/domestic-violence-laws/

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AZ Arrest Laws Based on probable

cause Dual arrest

requires separate acts

Can’t arrest for self-defense

Victim’s position regarding arrest irrelevant

No citations or tickets

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Does AZ have Mandatory Arrest?

“Shall arrest” in D.V. cases involving “infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.”

All other circumstances officers “may arrest.”

Department policies influence arrest decisions.

Source: www.azleg.state.az.us/ars/13/03601.htm

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D.V. Crimes: AZ Requirements

Designated Crime• Threatening• Assault• Aggravated Assault• Kidnapping• Criminal Trespass• Criminal Damage• Interfering With Judicial

Proceedings• Stalking• Etc.

Relationship• Living together or lived

together• Child in common or

pregnant• Related by marriage

Spouse, parent-in-law, step-child, brother and sister in law, step-parents, grandparents

• Related by blood Parent, child, grandparent,

brother, sister

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2009-New Relationship Added

Dating relationships added to AZ D. V. Law

13-3601 A6: “The relationship between the victim and defendant is currently or previously a romantic or sexual relationship. The following factors may be considered…….

• Type of relationship• Length of relationship• Frequency of interaction between the victim

and defendant• …length of time since termination”

Source: www.azleg.state.az.us/ars/13/03601.htm

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Federal Law Enforcement: FBI

Enforcement domestic violence and stalking laws at federal level

New laws evolved from Violence Against Women Act

Photo Source: http://trueslant.com

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Federal Law Related to Crossing State Lines

With intent to commit D.V. crime To cause bodily injury To violate protection order Refer to FBI for investigation

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Lautenberg Amendment18 U.S.C. 925 (a)(1)

Federal Provision: No possession of firearm if convicted of misdemeanor crime of domestic violence involving act of violence

Effective date September 30, 1996 BUT RETROACTIVE Attempt to control weapon access of

abusers

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Conclusion D. V. laws continue to evolve and be enhanced

giving more options for law enforcement and prosecutors.

Despite law changes, discretion impacts on police officer arrest decisions.

The feminist movement and lawsuits forced police departments to be more responsive to D.V.

AZ domestic violence laws are very broad (more than intimate relationships), requiring a specific relationship and crime.