14_-_DV_Prot_BBP_LP_Video

DV INVESTIGATIONS, VICTIM ADVOCACY, AND THE CASE ONCE IT GETS TO THE DA'S OFFICE MAY 2021 DOMESTIC VIOLENCE: BEST PRACTICES 5/3/2021 1 POWER AND CONTROL One intimate partner's control over the other How one person can dehumanize another person 器 Physical and sexual abuse/ violence is intermittent, but the power and control are constant CALIFORNIA PENAL CODE SECTION 13700 DEFINES DOMESTIC VIOLENCE ■ Abuse committed against an intimate partner By one who intentionally or recklessly uses or threatens to use force against the other intimate partner “Intimate partner” defined as: * Current or former spouse or domestic partner Current or former fiancé **Live-in romantic partner A person with whom the accused has had a child 5/3/2021 2 DOMESTIC VIOLENCE VICTIMS • May feel embarrassed, humiliated, or powerless * Are often traumatized and fearful of retribution TRAUMA INFORMED - CULTURALLY RESPONSIVE Listen: Allow victim to give uninterrupted statement (patience) * Be empathetic Utilize excellent investigative skills * To protect the victim * To prosecute the suspect Show the history of abuse Corroboration (because the victim may recant) # # Impacts of Victim Trauma: Delayed reporting, inability to recall details and sequence of events is common as a result of victim trauma • Victim actions and demeanor: rational thought is impaired, a range of emotions, odd or inappropriate affect, fear, self blame, shame, all common as a result of victim trauma There is no normal victim response * Impacts of trauma are frequently misinterpreted as not telling the truth 5/3/2021 3 DOMESTIC VIOLENCE ADVOCATE * Advocates are your greatest resource and the victim's greatest support * Provide support to the victim in the aftermath of a traumatic event Connect victim to immediate resources Advocacy at onset increases victim participation through court process Assess victim needs LEGAL MANDATES * Offer medical attention at the scene - PC 13701(c) * Offer an EPO to the victim - FC 6275 ■ Victim has a right to confidentiality - GC 6254(f) *Advise the victim that the suspect may be released at any time - PC 13701(c) * Provide written Marsy's Rights - PC 679.26 Advise DV victim they have the right to a domestic violence counselor at follow up law enforcement interviews - PC 679.05 Furnish written notice to DV victims at the scene victim resource and support information and verbally review this information - PC 13701(c)(9) 5/3/2021 4 LEGAL MANDATES CONTINUED * Requires written report for all domestic violence-related calls for assistance - PC 13730(a) and PC 13700(a) * Document if alleged abuser show signs of being under the influence of alcohol or a controlled substance - PC 13730(c) Document if there was previous response to location for DV involving either party - PC 1370(c) If you asked parties at a DV incident about guns in the home, their response must be documented in your report - PC 13710(c) At a DV scene, unserved RO's must be served if the Restr. Party is present - PC 13710(c) **Officer at the scene of a DV incident involving a threat to human life or physical assault shall take temporary custody of any firearm whether it was or was not involved in the incident - PC 18250 * In DV strangulation assaults the investigating officer shall provide in writing a statement informing the victim that strangulation may cause internal injuries and encourage the victim to seek medical attention - PC 13701(1) (Strangulation resource card and form) EVIDENCE COLLECTION Photos of the crime scene * Victim injuries: DEFENSIVE / OFFENSIVE 遐 Suspect injuries: DEFFENSIVE / OFFENSEIVE Damaged cell phones, furniture, acts of vandalism Text messages, social media, voice mail messages, emails, etc. Photo's victim has taken - victims often photograph their abuse ie: provides a history of abuse un/reported BWC recording of the investigation in real time - watch your BWC! * TRY TO PROVE THE CASE W/OUT VICTIM TESTIMONY VICTIM I.D. SUSPECT USING PHOTO 5/3/2021 5 INJURY EVIDENCE DOCUMENTATION Ask victim how s/he sustained the injury Recognize the severity of the injury * EMS / ER documentation - Medical Release Waiver • Autopsy / toxicology report Interview on scene EMS / attending ER staff regarding identification & severity of injury Follow Up injury photos 911 RECORDINGS *Prosecutors across the US routinely win DV cases with a thorough investigation and a 911 recording a Recordings are a powerful microphone into a DV home They record spontaneous or contemporaneously, the painful and raw emotions of victims, children, family members, friends, neighbors or strangers * They offer compelling evidence & corroboration of violent crimes such as nonfatal strangulation 5/3/2021 6 LETHALITY ASSESSMENT Fax SANTA CLARA COUNTY DOME LENALITY ASSESSHINO ECA IIRST ALSFENDERS J Palo A