Presentation Transcript

1. 2014 Hendricks County Law Enforcement Training

   Domestic Violence Procedures Arrest And Filing Charges
2. 2013 State of Domestic Violence In Hendricks County Homicide on 6/8/2013 - Trinity Ann Johnson, 19 years old, Avon, was allegedly shot by her boyfriend, Antonio Miles, 20. She left behind an infant. The total number of domestic violence runs by local law enforcement, as reported by individual departments, has decreased 3.5% in 2013. Plainfield (+28%) and Danville (+52%) had an increase in runs, while Brownsburg (-34%) and HCSD (-10%) decreased. Avon remained constant. The majority of arrests were made by the HCSD, followed by Plainfield, Avon, Brownsburg and Danville, respectively. The Hendricks County Prosecutor had an 8.5% drop in the number of domestic violence charges filed in 2013. Charges that are filed most frequently are domestic battery both misdemeanor and felony and invasion of privacy. These changes accounted for 62% of all DV cases. The number of DV cases filed as also decreased. While a decrease is encouraging, we had many extremely violent cases including: murder, strangulation (12), battery with a deadly weapon (5), and abuse of a corpse. May, July and September were the most active with new filings. The Lethality Assessment Program for law enforcement continues to link victims to resources at the scene of a domestic violence incident. The number of officers implementing the protocol and victims receiving the benefits is at the highest level in our five year history. In 2013, four families were housed at Sheltering Wings and eight families received outreach services as a result of LAP. We would like to increase the number of families receiving assistance during follow-up. Sheltering Wings housed 118 families and responded to over 1,000 crisis calls. Connet2Help 211 had an increase of 52% in domestic violence assistance calls for 2012 from Hendricks County. We have the highest level of requests for the donut counties. Complete Report: http://hccadv.org/2012StateofDV.pdf
3. Definitions Family Violence—Any intentional act committed by one member of a family against another which causes or risks bodily harm. Under Indiana law, any act of family violence is a crime. Domestic Violence—Violence between intimate partners who have shared a marital-like relationship (spousal assault, conjugal violence, wife battery). Indiana law defines most acts of criminal violence among adults regardless of relationship. Child Abuse—Neglect or family violence committed by an adult against a child. Acts of neglect or family violence against a child are crimes. The type of crime depends on the ages of victim and offender. Abuse of elderly and disabled adults—Family violence committed against elderly, endangered, or dependent persons. Crimes are defined according to victim-offender relationship and dependency, without regard to age. Dating Violence - The physical, sexual, or psychological/emotional violence within a dating relationship. Indiana has the 2nd highest rate of dating violence in the country with 17.3% of girls raped before they graduate.
4. Crimes of Family Violence Sexual misconduct with a minor Child exploitation Promoting prostitution Vicarious sexual gratification Child seduction Incest Neglect of dependent Nonsupport of dependent child Nonsupport of spouse Nonsupport of parent Exploitation of dependent adult Battery Domestic battery Strangulation Aggravated battery Attempted murder Aggressive Driving Criminal recklessness Pointing a firearm Disorderly conduct Invasion of privacy Trespass Criminal deviate conduct Rape Sexual battery Child molesting Residential entry Burglary Intimidation Harassment Stalking Criminal confinement Violation of a custody order
5. Common DV Crimes – Domestic Battery A person who knowingly or intentionally touches a person who (1) is or was a spouse of the other person, (2) is or was living as if a spouse of the other person, or (3) has a child in common with the other person, in a rude, insolent, or angry manner that results in bodily injury . . . commits domestic battery, a class A misdemeanor. The offense is a class D felony if the person has a previous, unrelated conviction for domestic battery or for a substantially similar crime of domestic violence against anyone, anywhere. the crime is committed in the presence of a child.
6. Common DV Crimes – Stalking Intentional repeated or continuing harassment causing a victim to feel terrorized, frightened, intimidated, or threatened Hendricks County Prosecutor, Pat Baldwin recommends the following action on stalking cases: There is not a certain number of events that equals stalking, it will vary with each situation. As a general rule we are probably looking at a minimum of 3 separate actions. However, multiple IOP doesn’t necessarily mean there is stalking. A series of phone calls might never equal stalking. It has to be repeated or continuing, and it has to be such that a reasonable person to feel terrorized, frightened, intimidated or threatened, and actually cause the victim to feel that. If you have questions: bring in your report, and go over it with a prosecutor to decide if stalking should be filed.
7. Protection Orders and Invasion of Privacy A protection order is a court order prohibiting one person from abusing, harassing, or disturbing the peace of another person, or from having contact with another person. Indiana law defines violation of a protection order as invasion of privacy (IC 35-46-1-15.1). Protective order Issued at the request of victim/petitioner Respondent need not be present in court Resp. may request hearing within 30 days Normally in effect for 2 years No contact order Issued by criminal court as condition of pretrial release or probation Respondent notified in court In effect during entire court proceeding Workplace violence restraining order Issued at the request of employer to protect employee from violence at work Court hearing within 15 days In effect for not more than 3 years Foreign protection order Order issued by another state or Indian tribe Enforced as if issued by Indiana court
8. More On Protective Orders Firearms IC 34-26-5-9(c)(4) (The court) may order the respondent to refrain from possessing a firearm . . . (if) the respondent poses a significant threat of inflicting serious bodily injury to the petitioner or a member of the petitioner’s household or family. If a gun is in the home of an abused women, she is 5 times more likely to be killed with it. Foreign Protection Order Enforcement IC 35-46-1-15.1(10), (11) A person who knowingly or intentionally violates an order issued in a state other than Indiana, or by an Indian tribe, that is substantially similar to an order described under IC 35-46-1-15.1 for Indiana commits invasion of privacy. Indiana officers may arrest for violations of other states’ or Indian tribes’ protection orders
9. General Guidelines for Police Response to Domestic Violence 1. Protect Against Threats to Safety 2. Secure the Scene for Disputant Safety 3. Calm the Situation 4. Investigate 5. Act to Protect the Victims
10. Officer’s Responsibility Investigate thoroughly Assume that a crime was committed. What was the crime? Who did it? Any elements of probable cause to arrest? Were children present? Have you protected a victim’s right to self-defense? Does evidence require calling in police detectives or other Act to prevent furtherviolence Complete Domestic Violence Supplemental – Sections A and B
11. More Officer’s Responsibility IC 35-33-1-1.5 Police officers responding to the scene of family violence are required to “use all reasonable means to prevent further violence, including the following”: transporting the victim and children to a safe place assisting in removing victim’s family necessities giving written notice of rights to victims removing firearms, ammunition, or other deadly weapons, under certain conditions
12. Police Response to Domestic Violence Investigate thoroughly. If you find probable cause, arrest. Complete the Domestic Violence Supplemental. Administer the Lethality Assessment Screen on victims and follow protocol. Give victims Domestic Violence Resource Card and “Victim Rights.” Complete “Victim Notification” for the jail. Offer whatever assistance you can to prevent further violence. Make a report and indicate domestic violence was involved, even if you don’t arrest.
13. Probable Cause and Evidence - Photographs injuries or no injuries - Photos of residence and any damage to walls, vehicles, etc. - Record any victim statements, witness statement, or neighbors. Please have the victim and other witnesses write out statements. - List witness contact info on the case report - Use descriptive language in the PC. The case has to be “brought back to life” through the PC in court. - Completed all victim contact info on Side A of the DV Supplemental including alternative contact info
14. ARREST to Prevent Further Violence Warrantless Arrest for Domestic Battery can prevent further violence. Arrestee will be held for a “cooling off period” of at least 8 hours. Please complete “Victim Notification” in Supplemental Packet and give to jailer so victim will be notified prior to offender’s release. Arrestee may not have contact with the victim for 10 days after release from jail or until the initial hearing, whichever occurs first. Do not ask the victim whether he or she wants the offender arrested or prosecuted
15. Side A Complete Domestic Violence Supplemental - Side A on all domestic violence runs, with or without arrest. Domestic violence crimes defined on slide #4. Submit to the Prosecutor even when arrest does not occur. The Lethality Assessment (LAP) is part of the packet prosecution needs to present their case. It helps with recanting victims and in bond hearings. It needs to be completed on all DV related cases: domestic battery, IOPs, harassment, stalking, intimidation, sexual battery, rape, etc.
16. Side B Complete Domestic Violence Supplemental - Side B on all domestic violence runs that result in an arrest. Side A should also be completed and submitted to the Prosecutor with your report.
17. Children as Witnesses Contact Department of Child Services Immediately if children are in the home and any of the following exist: 1. Signs of injury to adults or child(ren) 2. Drugs or weapon found in the home when a domestic battery has occurred 3. Officer believes DCS presence is necessary based on circumstances of the family Contact Department of Child Services within 24-hours if: 1. Officer has suspicion that family violence exists or that a child may have witnessed the violence. If no arrest is made and the situation is volatile, stay in the home until DCS arrives, if possible. Contact Susie’s Place to arrange more in depth interview: 317-522-6202
18. Special Cases: Arrest for Invasion of Privacy REMEMBER: The decision to arrest is yours. Arrest for invasion of privacy regardless of victim-offender living arrangements or marital status. You do not need to ask the victim whether he or she wants the offender arrested. As instructed by the court, arrest even if the petitioner invites the respondent to contact her. Indiana law enables an officer to make a warrantless arrest for invasion of privacy, given probable cause. To arrest for this crime, you must . . Confirm that a protection order exists and is active. Determine that the violation is “knowing” or “intentional.” When to Arrest for IOP Always Arrest if you witness a violation of a protection order. You May Arrest if you have probable cause to believe that a protection order was violated, even though you did not witness the violation. Elements of probable cause include: Victim’s report Other witnesses’ accounts Physical evidence (e.g., property left with the victim) Evidence of battery or other crime against the victim Screen shots or call log from victim’s phone included in the report For PCs, interview both the victim and the offender, when possible. It might be difficult to locate offender, but make an effort.
19. Special Cases: Arrest the Victim Not the Offender Determine the Dominant Aggressor Was one party in actual fear of the other? Did one party escalate the level of violence, i.e.; did one party react to a slap by beating the other party? Was one party physically larger and stronger than the other? Was there a history of violence by one of the parties against the other? Against other people? Was one party usually the aggressor? Did any injuries appear to be defense wounds? Which party will be in greater danger if nothing is done? From the Prosecutor Please limit dual arrests. These arrests are difficult and often impossible to prosecute. The prosecutor is unable to talk to either side and therefore cannot move forward with the case. It is also extremely difficult for the children. Officers do not have to arrest both parties if there is injury on both parties. Please determine the predominate aggressor and history of abuse, if possible. If it is determined that both parties are equally responsible, arrest one and file for a summons for the other.
20. Dominant Aggressor Decision Tree
21. “Mutual Combat” or Self Defense? Self Defense IC 35-41-3-2 A person is justified in using reasonable force against another person to protect himself or a third person from what he reasonably believes to be imminent use of unlawful force. However, a person is justified in using deadly force only if he reasonably thought that force is necessary to prevent serious bodily injury to himself or a third person in the commission of a forcible felony. He does not have a duty to retreat. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary. Limits on the Use of Force IC 35-41-3-2 (e). . .a person is not justified in using force if: 1. He is committing or is escaping after the commission of, a crime; 2. He provokes unlawful action by another person, with intent to cause bodily injury to the other person; or 3. He has entered into combat with another person or is the initial aggressor, unless he withdraws from the encounter and communicates to the other person his intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
22. Hendricks County Prosecutor All Crimes Involving Domestic Violence are Prosecuted by Deputy Prosecutor Brad Casselman Please contact him with any questions while working a domestic violence case 745-9264 or bcasselman@co.hendricks.in.us Victim’s Assistance will provide emotional support, case status information, referrals to other agencies, information regarding Indiana Crime Compensation and guidance throughout the criminal justice system for victims. Please contact Tamatha Hasty, 317-745-9283 or thasty@co.hendricks.in.us for assistance for victims.
23. Victims’ Services and Shelter Sheltering Wing – shelter and support services - 24-Hour Crisis Hotline 745-1496 - www.shelterwings.org Hendricks Co. Coalition Against Domestic Violence - julie.randall@hccadv.org - www.hccadv.org