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10/20/2014

Domestic Violence The Dark Secret 9/29/2014 1
Domestic Violence
The Dark Secret
9/29/2014
1
Domestic Violence Objectives • 07.02.13 Explain and identify the “predominant aggressor” at a domestic violence
Domestic Violence Objectives
• 07.02.13 Explain and identify the “predominant aggressor” at a domestic violence scene.
• 07.02.14 Explain the arrest authority an officer has when responding to a domestic violence call where a
domestic violence protection order has been violated.
• 07.02.15 Explain the liability concerns for an officer failing to enforce the Idaho Domestic Violence Crime
Prevention Act.
• 07.02.16 Define and identify the symptoms a victim may exhibit in a strangulation case.
• 07.02.17 Identify how an officer can employ community resources to achieve long-term resolutions to a
domestic violence problem.
• 07.02.18 Demonstrate the actions that would be best taken under specific circumstances when given a
domestic violence scene.
• 07.02.19 Identify the goals and objectives of victim-witness programs.
• 07.02.20
Identify and describe the components of advocacy services provided to victims, witnesses, and
survivors of major crimes.
• 07.02.21 Identify what advocacy services responding officers can provide which help benefit criminal
cases and stabilize victims/witnesses.
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Domestic Violence Objectives • Identify the central issues in a domestic violence relationship. 07.02.01 •
Domestic Violence Objectives
• Identify the central issues in a domestic violence relationship.
07.02.01
• Identify the main objectives of police intervention in domestic violence situations.
07.02.02
• Explain and identify the potential dangers involved, and precautions that should be
taken, when responding to a domestic violence call.
07.02.03
• Identify the signs that may serve as an indication that a person is the victim of
domestic violence.
07.02.04
• Describe the importance of an officer’s attitude when handling domestic complaints.
07.02.05
• Explain what a police officer’s duty is at the scene of a civil dispute.
07.02.06
• Identify the proper procedure for conducting a domestic violence investigation.
07.02.07
• Explain what an “ex-Parte” protection order is, and how long one is in effect.
07.02.08
• Explain what a “Permanent” protection order is, and how long one is in effect.
07.02.09
• Describe the differences between a Protection Order and a No-Contact Order and
demonstrate how an order is served and enforced.
07.02.10
• Define a “household member” as discussed in Idaho Code 18-918.
07.02.11
• Explain the differences between Domestic Assault and Domestic Battery as defined in
Idaho Code 18-918.
07.02.12
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Definition In an intimate relationship where one person uses emotional, physical and/or sexual abuse to
Definition
In an intimate relationship where one person
uses emotional, physical and/or sexual abuse
to gain power and maintain control over the
other person. The abuse follows a pattern of
behavior and usually increases over time.
More than 1 in 3 women (35.6%) and more
than 1 in 4 men (28.5%) in the U.S. have
experienced rape, physical violence and/or
stalking by an intimidate partner in their
lifetime.
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Domestic Battery/Assault defined • A battery committed against a household member which results in a
Domestic Battery/Assault defined
• A battery committed against a household
member which results in a traumatic injury is a
felony domestic battery.
• A battery committed against a household
member which does not result in a traumatic
injury is a misdemeanor domestic battery.
• An assault committed against a household
member is a misdemeanor domestic assault.
There is no felony domestic assault charge.
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10/20/2014

Idaho Statutes 18-918 Definition • Household member – Spouses, former spouses, individuals with children in
Idaho Statutes
18-918 Definition
• Household member
– Spouses, former spouses, individuals with
children in common regardless of whether
they currently live together/are married
– Individuals who are cohabitating
• Doesn’t matter if they have been married or
hold themselves out to be married
• Must be in an intimate relationship –
parent/child aren’t household members
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Idaho Law • Battery defined 18-903 -Willful and unlawful use of force or violence upon
Idaho Law
• Battery defined 18-903
-Willful and unlawful use of force or
violence upon the person of another
- Actual, intentional and unlawful
touching or striking of another against the
will of the other
- Unlawfully and intentionally causing
bodily harm to an individual
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Penalties • 1 st conviction is a misdemeanor • 2 nd conviction within 10 years
Penalties
• 1 st conviction is a misdemeanor
• 2 nd conviction within 10 years is a
misdemeanor
• 3 rd conviction within 15 years is a felony
• Traumatic injury is a felony
• Prior felony within 15 years is a felony
• Enhanced penalty if in the presence of a
child
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18-918 Defined continued • Traumatic Injury - a condition of the body, such as a
18-918 Defined continued
• Traumatic Injury - a condition of the
body, such as a wound or external or
internal injury, whether of a minor or
serious nature, caused by physical force.
– Commonly – cuts, bruises, broken bones,
fractures, chipped/knocked out teeth,
internal injuries
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Idaho Law • Assault defined 18-901 -An unlawful attempt, coupled with apparent ability, to commit
Idaho Law
• Assault defined 18-901
-An unlawful attempt, coupled with
apparent ability, to commit a violent injury
on person of another.
-An intentional, unlawful threat by word or
act to do violence against another coupled
with apparent ability to do so, and doing
some act which creates a well founded fear
in such other person that violence is
imminent.
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Idaho Statutes • Aggravated Assault 18-905 • Aggravated Battery 18-907 • Violation of a No
Idaho Statutes
• Aggravated Assault 18-905
• Aggravated Battery 18-907
• Violation of a No Contact Order 18-920
• Police Officers Immunity 18-921
• Violation of a Protection Order 39-6312
• Interference Telephone Line 18-6810
• Telephone Harassment 18-6710
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10/20/2014

Idaho Statutes • Injury to a Child 18-1501 • Stalking 18-7905, 18-7906 • Attempted Strangulation
Idaho Statutes
• Injury to a Child 18-1501
• Stalking 18-7905, 18-7906
• Attempted Strangulation 18-923
• Malicious Injury to Property 18-7001
• Disturbing the Peace 18-6409
• Intimidating a Witness 18-2604
• Animal Cruelty 25-3504
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Attempted Strangulation 18-923 • Willfully and unlawfully choking or attempting to strangle a household member
Attempted Strangulation
18-923
• Willfully and unlawfully choking or attempting to
strangle a household member or person with whom
defendant has a dating relationship is a felony
• Dating relationship – no requirement of cohabitation
• No injuries are required to prove attempted
strangulation
• No requirement to show an intent to kill or injure the
victim. The only intent required is the intent to choke
or strangle.
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Stalking 18-7906 Misdemeanor (Second Degree) Knowingly and maliciously • Engages in a course of conduct
Stalking
18-7906 Misdemeanor (Second Degree)
Knowingly and maliciously
• Engages in a course of conduct that seriously
alarms, annoys, or harasses the victim and
would cause a reasonable person substantial
emotional distress
• Engages in a course of conduct such as a
reasonable person would be in fear of death or
physical injury, or in fear of death or physical
injury to a household member
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Idaho Statutes • Kidnapping 18-4502, 18-4503 • False Imprisonment 18-2901 • Mayhem 18-5001 • Murder
Idaho Statutes
• Kidnapping 18-4502, 18-4503
• False Imprisonment 18-2901
• Mayhem 18-5001
• Murder 18-4001
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Stalking 18-7905 Felony (First Degree) • Actions in violation of temporary restraining order, protection order,
Stalking
18-7905 Felony (First Degree)
• Actions in violation of temporary restraining order,
protection order, no contact order or injunction, or any
combination thereof
• Actions in violation of condition of probation/parole
• Victim is under 16 years old
• At any time during the course of conduct, defendant
possessed a deadly weapon
• Previously convicted of stalking within 7 years
• Committed qualifying crime against same victim
within 7 years
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No Contact Order Vs Protection Orders No Contact Order Protection Order 18-920 39-6304/6306 • Judge
No Contact Order Vs Protection Orders
No Contact Order
Protection Order
18-920
39-6304/6306
• Judge generally issues on
serious offenses i.e. assault,
battery, injury to a child,
and etc
• Victim applies for it
• 14 day ex parte
• Hearing for order for up to one
year
• State may ask for
order/Judge may issue even
without request
• May be made permanent
• Could be a one party order
depending on the order itself
• One party order – only
enforceable against
offender/respondent
• Uniform interstate
enforcement
• No firearms after service
• Must be served first
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10/20/2014

Federal Law • Interstate travel to commit domestic violence 18 U.S.C. 2261 • Interstate stalking
Federal Law
• Interstate travel to commit domestic violence
18 U.S.C. 2261
• Interstate stalking 18 U.S.C 2261 (A) (1)
• Cyber stalking 18 U.S.C 2261 (A) (2)
• Interstate travel to commit a violation of a
protection order 18 U.S.C 2262 (a) (1)
• Possession of a firearm while being subject to
a protection order 18 U.S.C 922 (g) (8)
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Cassandra Marie Dehl died in a car crash with her abusive boyfriend driving. He did
Cassandra Marie Dehl died in a car crash
with her abusive boyfriend driving. He
did not report the crash for 15 hours.
Barbara Dehl attempted to get a
protection order for her daughter. She
was told that Idaho law did not cover
dating relationships. She helped get the
law changed in 2002 to cover dating
relationships.
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Advising the Victim Idaho Code 39-6316(2) “When a peace officer responds to a domestic violence
Advising the Victim
Idaho Code 39-6316(2)
“When a peace officer responds to a domestic
violence call, the officer shall give a written
notice to the availability of a shelter or other
resources in the community, and give the
victim a written notice provided by Idaho State
Police….”
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Federal Law • Official use exemption 18 U.S.C 925 • Possession of a firearm once
Federal Law
• Official use exemption 18 U.S.C 925
• Possession of a firearm once convicted of
a crime of violence involving the use of
force; no longer has to be a conviction for
domestic violence, could be battery or
disturbing the peace
• Full faith and credit to orders of
protection 18 U.S.C. 2265
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Domestic Violence Crime Prevention Title 39 Chapter 63 Definition The physical injury, sexual abuse or
Domestic Violence Crime Prevention
Title 39 Chapter 63
Definition
The physical injury, sexual abuse or forced
imprisonment or threat thereof of a family
or household member, or of a minor child
by a person with whom the minor child has
had or is having a dating relationship, or of
an adult by a person with whom the adult
has had or is having a dating relationship.
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Legal Requirement of Advising the Victim of Their Rights “IF YOU ARE THE VICTIM OF
Legal Requirement of Advising the
Victim of Their Rights
“IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE,
you can ask the city or county prosecuting attorney to file a
criminal complaint. You also have the right to file a petition in
magistrate court requesting an order for protection from
domestic abuse which could include any of the following: (a)
an order restraining your attacker from further acts of abuse;
(b) an order directing your abuser to leave you alone; (c) an
order preventing your attacker from entering your residence,
school, business or place of employment; (d) an order
awarding you or the other parent custody of or visitation with
your minor child or children; (e) an order restraining your
abuser from molesting or interfering with minor children in
your custody. The forms you need to obtain a protection order
are available from the clerk of the district court….”
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10/20/2014

Legal Requirements of advising the victim of their rights …cont The peace officer shall make
Legal Requirements of advising the
victim of their rights …cont
The peace officer shall make every effort to arrange, offer, or
facilitate transportation for the victim to a hospital for
treatment of injuries or to a place of safety or shelter.
The law enforcement agency shall forward the offense report
to the appropriate prosecutor within 10 days of making such
report if there is probable cause to believe that an offense has
been committed, unless the case is under investigation.
Each agency/jurisdiction should have contact information
for local resources that the victim can contact for
assistance.
GIVE ONE TO YOUR VICTIM WHEN YOU RESPOND
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No Immunity to Agency • Failure to protect: Clock starts ticking when you are dispatched,
No Immunity to Agency
• Failure to protect:
Clock starts ticking when you are dispatched, arrival on scene, etc.
• Failure to train: (City of Canton vs Harris 1983 case law)
Agency does not provide training
• Failure to supervise
Agency does not provide supervision to junior officers
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Power and Control Model • Batterers seek to gain and maintain power and control over
Power and Control Model
• Batterers seek to
gain and maintain
power and control
over their intimate
partners by the use of
actual and assumed
power
• Power takes the form
of strategic, abuse
tactics (Physical,
sexual, verbal, and
emotional) to
reinforce this control.
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39-6314. Peace Officers -- Immunity No peace officer may be held criminally or civilly liable
39-6314. Peace Officers -- Immunity
No peace officer may be held criminally
or civilly liable for actions or omissions
in the performance of the duties of his
office under this chapter, including the
enforcement of out-of-state protection
orders, if the peace officer acts in good
faith and without malice
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Dynamics of Domestic Violence 9/29/2014 28
Dynamics of Domestic Violence
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Physical Patterns of Abuse • Pinching, squeezing • Restraining, then hitting • Pushing, shoving, scratching,
Physical Patterns of Abuse
• Pinching, squeezing
• Restraining, then hitting
• Pushing, shoving,
scratching, or shaking
• Throwing the victim
• Causing miscarriage
• Hitting, punching, or
kicking
• Using hands/household
weapons
• Strangulation
• Permanent ,disabling
• Throwing objects at
victim
injuries
• MURDER
• Target hitting
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10/20/2014

Sexual Patterns of Abuse • Views women as sex objects • Promiscuous with others •
Sexual Patterns of Abuse
• Views women as sex objects
• Promiscuous with others
• Shows extreme jealousy
• Forces victim to witness
sexual acts
• Criticizes victim in sexual
terms
• Uses threats to demand sex
• Touches against wishes
(molestation)
• Forces victim to have sex
with others
• Withholds sex and
affections
• Forces sex after beating the
victim
• Attaches labels: “whore” ,
“frigid”
• Uses sex in order to hurt
• Sadism, mutilation
• Always demands sex
• MURDER
• Forces victim to strip as
form of humiliation (maybe
in front of children)
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Power and Control Wheel • Although many acts of psychological and emotional abuse are not
Power and Control Wheel
• Although many acts of psychological and
emotional abuse are not specifically
associated with violations of statutes,
these serve as means for batterers to
establish the control. The control is often
reinforced by the physical and sexual
violence.
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Power and Control Wheel • Illustrates the tools, pressures and rationale utilized in justifying coercive
Power and Control Wheel
• Illustrates the tools, pressures and rationale
utilized in justifying coercive and dominant
behavior
• Provides “snapshots” of coercive techniques:
physical and sexual violence, emotional abuse,
intimidation, threats, economic abuse, use of
male privilege, attempts to isolate victims, and
manipulation and victimization of children
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Power and Control Wheel Exercise Intimidation Economic abuse Children Isolation Male Privilege
Power and Control Wheel
Exercise
Intimidation
Economic abuse
Children
Isolation
Male Privilege
Emotional abuse
Coercion and
threats
Minimizing,
denying, and
blaming
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Battering Key Points For the batterer, the violence is about power and control. Looking at
Battering
Key Points
For the batterer, the violence is about
power and control. Looking at the
victim’s behavior as an explanation for
the violence takes the focus off of the
perpetrators responsibility and
unintentionally supports the abuser’s
violent behavior.
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Battering Key Points • The victim has no control over the batterer’s violence. • Many
Battering
Key Points
• The victim has no control over the
batterer’s violence.
• Many perpetrators repeat their pattern of
control in all their intimate relationships.
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Domestic Violence Learned Behavior • Observation • Experience • Reinforcement • Culture • Family •
Domestic Violence
Learned Behavior
• Observation
• Experience
• Reinforcement
• Culture
• Family
• Communities:
*schools
*peer groups
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Something to Think About Not all relationships begins with abuse. Abuse generally starts AFTER there
Something to Think About
Not all relationships begins with abuse.
Abuse generally starts AFTER there is
some type of commitment between
the batterer and victim.
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Why Batterer’s Batter • Society says it’s okay (Jury doesn’t understand why a victim stays,
Why Batterer’s Batter
• Society says it’s okay (Jury doesn’t
understand why a victim stays, recants,
minimizes)
• It works
• It is a choice
• CONTROL
• Learned Behavior
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Power 9/29/2014 40
Power
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Domestic Violence Should not be considered as an excuse • Illness • Stress • Genetics
Domestic Violence
Should not be considered as an excuse
• Illness
• Stress
• Genetics
• Behavior of victim &
relationship
• Alcohol & Drugs
problems
• “Out of Control”
behavior
• Anger
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10/20/2014

Shifting the Blame Phrases to identify the batterer • I’m the real victim • I
Shifting the Blame
Phrases to identify the batterer
• I’m the real victim
• I had to restrain victim
• I’m trying to keep the
family together
• Victim has mental
problems
• Victim bruises easily
• Victim is crazy
• Victim has thin skin
• Victim is on meds
• Victim is hysterical
• I was defending myself
• Victim is high/drunk
• Suspect will try to
identify with the officer
personally to explain
victim’s behavior
• It was an accident,
victim hit my fist
• The injuries are from
rough sex
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Cycle of Violence When abuse crosses the line into overt violence, it may begin with
Cycle of Violence
When abuse crosses the line into overt
violence, it may begin with relatively
minor assaults.
As the abuse is repeated, it grows more
violent and becomes targeted; abusers are
not “out of control,” but using violence to
control and exert power over their victims
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Shifting the Blame Something to think about Batterer’s reality: I’m not doing anything wrong. If
Shifting the Blame
Something to think about
Batterer’s reality:
I’m not doing anything wrong. If I am, I
won’t get caught. If I get caught, I’ll talk
my way out of it. If there are
consequences, they will be light.
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Cycle of Violence Tension Honeymoon Building Release of Tension 9/29/2014 46
Cycle of Violence
Tension
Honeymoon
Building
Release of
Tension
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10/20/2014

Emotional Barriers to Leaving • Fear of loneliness, independence, change • Guilt over failure of
Emotional Barriers to
Leaving
• Fear of loneliness, independence, change
• Guilt over failure of relationship
• Protectiveness of partner
• Belief that partner will change
• “Love”
• Feeling responsible for keeping family
together
• Lack of emotional support
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Reasons for Under- Reporting • Denial • Fear of reprisal • Fear of criminal justice
Reasons for Under-
Reporting
• Denial
• Fear of reprisal
• Fear of criminal justice system
• Guilt/effect on children
• “Love”
• Belief the partner will change
• Social Stigma
• Minimizing abuse
• Stockholm Syndrome
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Wrap the Victim in Services It is important for you to know what type of
Wrap the Victim in Services
It is important for you to know what type
of services are available, so that you can
wrap your victim around in services.
There is a better chance of the victim
leaving if, in fact, they feel that there is
hope. They might not leave now, but
may later.
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Situational Barriers to Leaving • Threats • Isolation • Lack of alternative housing and income
Situational Barriers to
Leaving
• Threats
• Isolation
• Lack of alternative
housing and income
• Fear of criminal
justice system
• Lack of job skills
• Cultural and/or
religious restraints
• Concern about
leaving children/pets
behind
• Fear of retaliation
• Fatigue
• Family Pressure
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Effects on Victims • Social or physical isolation • Sense of helplessness • Perception of
Effects on Victims
• Social or physical isolation
• Sense of helplessness
• Perception of hopelessness
• Emotional distress
• Fear of injury or death
• Fear of loss of children
• Low self-esteem
• May use alcohol/drugs to cope with abuse
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Effects on Children • Victims of physical, psychological, emotional and/or behavioral trauma • Accepted use
Effects on Children
• Victims of physical, psychological,
emotional and/or behavioral trauma
• Accepted use of violence to solve
problems
• Learned violent, aggressive, sabotaging
behavior
• Delinquent behavior within the schools
and community
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10/20/2014

Effects on Children • Runaway from home • Parentified • Development / Education delays •
Effects on Children
• Runaway from home
• Parentified
• Development / Education delays
• Self Mutilation / suicide
• Depression / post-traumatic stress
Domestic violence is a learned behavior.
Therefore, exposed children are more prone to
become victims or abusers themselves.
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Statistics on Teen Violence • Approximately 1 in 3 teenagers reports being physically, sexually or
Statistics on Teen Violence
• Approximately 1 in 3 teenagers reports being
physically, sexually or verbally abused by a
dating partner
• Only 33% of teens who have been in or known
about an abusive dating relationship have told
anyone about it
• Teen girls face relationship violence 3 times
more than adult women
• 25% of victims say they have been isolated
from family and friends
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Effects on Community • Medical costs • Public safety costs • Public assistance costs •
Effects on Community
• Medical costs
• Public safety costs
• Public assistance costs
• Workplace problems
• Secondary victims
• Without intervention, the violence is a
continuing community safety problem
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Effects on Children • 30 to 60 % of batterers also batter their children •
Effects on Children
• 30 to 60 % of batterers also batter their
children
• 3 million children witness domestic violence in
their homes every year
• Domestic violence is the single major
precursor to child abuse and neglect fatalities
in the US
• Many abductions are DV related
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10/20/2014

Response Agency Protocol Determine Needs Determine Urgency BACK-UP Medical LIFE THREATNING Coordinate Arrival
Response
Agency Protocol
Determine Needs
Determine Urgency
BACK-UP
Medical
LIFE THREATNING
Coordinate Arrival
Translator
Special Assistance
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Dangers in Responding to Domestics • Parties are expecting/waiting for the officers to arrive •
Dangers in Responding to
Domestics
• Parties are expecting/waiting for the
officers to arrive
• Greater likelihood of firearms
• Familiarity with the individuals involved
leads to complacency
• Holidays, celebrations, and religious
feasts can lead to increased drinking,
crowds, and higher states of agitation
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Pre Plan Officers need to pre plan before arriving on scene. Set it up 9/29/2014
Pre Plan
Officers need to pre plan before arriving
on scene.
Set it up
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Alternatives for Back Up • Consider *Game Wardens *State Troopers *Reserve Officers *Officers from neighboring
Alternatives for Back Up
• Consider
*Game Wardens
*State Troopers
*Reserve Officers
*Officers from neighboring jurisdictions
• Provide Specialized Training
*Officers not specifically trained may be a liability
*Can provide assistance and add security to the
crime scene
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Dangers in Responding to Domestics Continued… • Complacency is the enemy of law enforcement officers
Dangers in Responding to
Domestics Continued…
• Complacency is the enemy of law
enforcement officers
• Officers need to pre plan before arriving
on the scene, especially if they’ve been to
the scene previously.
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Dispatch Information • Communicate with dispatch, secure as much information as you can; know what
Dispatch Information
• Communicate with dispatch,
secure as much information
as you can; know what they
know
• Suspect location
• Relationship of parties
• Weapons, threats
• Alcohol, drugs
• 911 tape as evidence
• Background noises
• Statements made
• Caller’s identity
STAY ON THE LINE
• Children present
• Protection/ No Contact
Orders
• Outstanding warrants
• Criminal history
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10/20/2014

Approaching the Scene Depending on the threat level, or if this isn’t the first call
Approaching the Scene
Depending on the threat level, or if this
isn’t the first call to this location, an
officer may want to wait for back-up
support to arrive or even set up a
command post from which to negotiate
with the offender.
HAVE A PLAN (SET IT UP)
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Approaching the Scene Continued • Observations *What did you see and hear (people, vehicles, evidence
Approaching the Scene Continued
• Observations
*What did you see and hear (people,
vehicles, evidence of a crime, such as
broken windows, etc.)?
*Communicate with one another about
what you heard and/or saw
*Make written or mental notes to be
included in your report
*Record everything
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Approaching the Scene Continued Cover and Concealment *Concealment will hide the officer *Cover will protect
Approaching the Scene Continued
Cover and Concealment
*Concealment will hide the officer
*Cover will protect the officer
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Approaching the Scene Continued • Park so as not to be visible from the scene,
Approaching the Scene Continued
• Park so as not to be visible from the
scene, if possible
• Emergency lights/siren
*Follow department policy/state
statute
*Consider the effect lights/sirens may
have on the agitation level of the suspect
• Set up the scene. Communicate with one
another prior to approaching to come up with a
plan
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Approaching the Scene Continued • On foot *A suspect intent on ambush may be expecting
Approaching the Scene Continued
• On foot
*A suspect intent on ambush may be
expecting the officer to approach the
front door by way of the walkway.
*Consider approaching from a corner of
the yard, using any concealment
available.
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Approaching the Scene Continued • On foot *Approach a window for a look at the
Approaching the Scene Continued
• On foot
*Approach a window for a look at the scene if it is
safe to do so.
* Listen for evidence of violence
* There may be dogs or other animals present that
there are expected to protect family members.
9/29/2014
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10/20/2014

Approaching the Scene Continued • Lighting Conditions *Night approaches may be best made by avoiding
Approaching the Scene Continued
• Lighting Conditions
*Night approaches may be best made by
avoiding street lights and yard or porch
lights
9/29/2014
73
At the Scene Scene appears quiet and no one answers the door: • Attempt voice
At the Scene
Scene appears quiet and no one
answers the door:
• Attempt voice contact
• Have dispatcher call phone number to
contact
• Listen and observe
• Leave and return secretively
Know your search and seizure laws….Exigent circumstances?
9/29/2014
75
At the Scene Continued Victim denies there is a problem • Persist in explaining the
At the Scene Continued
Victim denies there is a problem
• Persist in explaining the need to talk to everyone
present
• Try to separate the victim and assure him/her that
they are safe
• Remember, he/she may deny it because of a stated or
implied threat or reprisal from the suspect
• Try to assess the victim’s level of fear and carefully
observe for injuries to establish probable cause
9/29/2014
77
Approaching the Scene Continued • Ambush Preparation *By gathering as much information prior to arrival
Approaching the Scene Continued
• Ambush Preparation
*By gathering as much information prior to
arrival as possible, officers will have a better
idea of the level of threat to anticipate
*Making a cautious approach to the scene
minimizes the level of risk
*Assess the structure: outdoor vs. indoor
contact
9/29/2014
74
At the Scene Continued Denied entry at the scene: • Persist in explaining the need
At the Scene Continued
Denied entry at the scene:
• Persist in explaining the need to talk to
everyone present
• Use persuasion techniques
• Depending on the situation, use force if
necessary
• Are we investigating a crime?
• Do we have a legal right to be there?
9/29/2014
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At the scene Is there anyone else here? Are there any weapons? Important!!!!Important!!!! 9/29/2014 78
At the scene
Is there anyone else here?
Are there any weapons?
Important!!!!Important!!!!
9/29/2014
78

10/20/2014

At the Scene Continued Cautious Entry *Maintain contact with your partner *Identify and control all
At the Scene Continued
Cautious Entry
*Maintain contact with your partner
*Identify and control all people present
*Separate the victim and suspect.
*Secure all weapons for safety purposes
(DO NOT put weapons in your pocket!)
9/29/2014
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Important • You may need to separate the victim and suspect in different rooms. DO
Important
• You may need to separate the victim and
suspect in different rooms. DO NOT let
the suspect or victim remain by
themselves
• Position yourself so that you see your
partner and your partner sees you
• Make sure the victim and suspect cannot
see each other
9/29/2014
81
Crime Scene Note the suspect, victim, children (they may be hiding), and others at the
Crime Scene
Note the suspect, victim, children (they may be hiding),
and others at the scene:
• Physical condition - injuries, need for medical
attention, tears, smeared make-up, etc
• What is their emotional state?
• Alcohol or drugs on scene?
• Do you see evidence? Torn clothing, weapons,
furnishings, and etc
• What does the situation dictate? Calm vs Agitated?
9/29/2014
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At the Scene Continued Cautious Entry • Physically control the suspect if he/she poses a
At the Scene Continued
Cautious Entry
• Physically control the suspect if he/she poses a
threat to anyone. Consider handcuffing the
suspect or use your squad car for securing the
suspect.
• Who is the bigger threat?
Be knowledgeable about the legal
parameters with regard to officer
safety.
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80
Crime Scene It is important for an officer to make notes as soon as possible
Crime Scene
It is important for an officer to make
notes as soon as possible regarding the
initial impressions of the persons
involved in the incident.
All people at the scene pose a potential
for danger to the officer and to the
others at the scene
Separate, Separate, Separate
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82
Crime scene • Be aware of and use the same strategies for: *Witnesses *Neighbors *Extended
Crime scene
• Be aware of and use the same strategies
for:
*Witnesses
*Neighbors
*Extended family
*Friends
Keep in mind about the possibility of biased witnesses
9/29/2014
84

10/20/2014

Officer Response Exercise Exercise Exercise Exercise 9/29/2014 85
Officer Response Exercise
Exercise
Exercise
Exercise
9/29/2014
85
Cultural Issues Continued IMPORTANT: If officers violate customs, it may inhibit the ability to effectively
Cultural Issues Continued
IMPORTANT:
If officers violate customs, it may inhibit
the ability to effectively deal with victims
and suspects
9/29/2014
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2012 FBI Statistics *2,103,787 (2012) *354,520 (2012) *14,827 (2012) *760, 739 (2012) *84,376 (2012) *6,150,598
2012 FBI Statistics
*2,103,787 (2012)
*354,520 (2012)
*14,827 (2012)
*760, 739 (2012)
*84,376 (2012)
*6,150,598 (2012)
*45, 926 (2012)
*721,053(2012)
burglaries
robberies
murders
aggravated assaults
forcible rapes
larceny-thefts
arsons
motor vehicle thefts
9/29/2014
89
Cultural Issues • Ethnic groups • Cultural * Customs * Values * Beliefs • In
Cultural Issues
• Ethnic groups
• Cultural
* Customs
* Values
*
Beliefs
• In some cultures, the male is the king of the castle and you have to ask him
if you can talk to the female
• It is a sign of disrespect if you talk to a female
and don’t ask
• In some, it is customary to deal with the elders
rather that directly with the victim or suspect
9/29/2014
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Cultural Issues Continued • Language *Learn key phrases *Maybe helpful in gaining confidence of victim/witness
Cultural Issues Continued
• Language
*Learn key phrases
*Maybe helpful in gaining confidence of
victim/witness
*Help understand incriminating statements
*Use independent translators (per department
policy)
* Language Line 1-800-752-6096
Don’t use family members to translate
9/29/2014
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2012 FBI Statistics Officers killed in the line of duty 48 Officers felonious killed 4
2012 FBI Statistics
Officers killed in the line of duty
48 Officers felonious killed
4
Disturbance calls
12
Arrest situation
3
Transporting prisoners
8
Investigating suspicious persons
6
Ambush
1
Investigative activities
1
Mental subjects
8
Traffic to include stops, pursuits, and high risk stops
5
Tactical situations
44 officers were killed with firearms
9/--/2014
90

10/20/2014

2012 FBI Statistics Officers killed in the line of duty 47 Officers Accidentally Killed 22
2012 FBI Statistics
Officers killed in the line of duty
47 Officers Accidentally Killed
22
Automobile accidents
10
Struck by vehicles
6
motorcycle accidents
2
accidental shootings as a result of
crossfire, mistaken for subject, or other
firearm mishaps.
9/29/2014
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9/29/2014 93
9/29/2014
93
Assumptions • Assume victim, children will recant • Assume that injuries will be healed before
Assumptions
• Assume victim, children will recant
• Assume that injuries will be healed before
court hearing
• Assume that anything that is not photographed,
recorded will be denied
• Assume that anything that is broken will be
fixed or thrown out
• Assume that the suspect will contact the victim
before the prosecutor
• Assume that the prosecutor will have to prove
the case without the victim
9/29/2014
95
2012 FBI Statistics cont… Average age is 38 12 years of service 21 officers were
2012 FBI Statistics cont…
Average age is 38
12
years of service
21
officers were city police
24
incidents firearms were within 5 feet
24
were wearing body armor
33
of the 51 assailants had criminal histories
22
in the South; 8 in the West; 6 in the Midwest,
6 in the Northeast; 12 in the U.S. territories,
Puerto Rico or Virgin Islands
9/29/2014
92
Important • These are the most frustrating calls officers will respond to • It is
Important
• These are the most frustrating calls officers will
respond to
• It is common for victims to recant
• Victim will likely request that charges be dropped
before suspect’s first appearance in court
• Suspect will claim that victim struck them first.
• Approach case from being able to prove case without
victim cooperation
9/29/2014
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Why do we investigate? What are our objectives? • To protect life • To prevent
Why do we investigate?
What are our objectives?
• To protect life
• To prevent further injury from occurring
• To enforce the law and maintain the peace
• Identify the predominant aggressor
• Determine if a crime has occurred
• Decide to arrest or not to arrest
• Wrap the victim in services
• Advise victims of the availability of shelter
• Provide a victim’s rights card
• Identify if assistance can be provided by the
PA’s office
9/29/2014
96

10/20/2014

Law Enforcement: Why should we investigate? • Domestic violence often involves various crimes • First
Law Enforcement: Why should
we investigate?
• Domestic violence often involves various
crimes
• First (and only) responder
• Negative social and economic effect on
community
• Vital in breaking the cycle of violence
• Statutory requirements
9/29/2014
97
Investigation: Statements • From whom should statements be taken *Victim *Suspect *Children *Neighbors *Eye
Investigation: Statements
• From whom should statements be taken
*Victim
*Suspect
*Children
*Neighbors
*Eye Witnesses
*Medical Personal
*911 caller
*Anyone who
may have left the
scene
9/29/2014
99
Interview Techniques • Ask questions in supportive and matter-of-fact tone • Be calm, patient and
Interview Techniques
• Ask questions in supportive and matter-of-fact tone
• Be calm, patient and direct
• Be aware of your body language
• Don’t be concerned with motives
• Don’t ask accusatory or hostile questions
• Avoid ambiguous questions
• Try to make it easy for the victim/witnesses to trust
you
9/29/2014
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Investigation Procedures • Interview all involved *Victim, suspect, children *Witnesses including 911 caller, anyone
Investigation Procedures
• Interview all involved
*Victim, suspect, children
*Witnesses including 911 caller, anyone who has left
scene
• Decide if arrest is mandatory
* Know your statutes, departments policies
• Take photographs and collect evidence
• Adhere to valid patrol procedures and tactics
• Make appropriate referrals and a safe departure
9/29/2014
98
Interview Techniques • Record interviews with all parties – audio, video or both • Record
Interview Techniques
• Record interviews with all parties – audio, video or
both
• Record everything
• More than one officer should be recording on scene
• Have all parties write written statements as well
• Separate all witnesses before interviewing them
9/29/2014
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Interviewing the victim • Approach should be same as for a victim of sexual assault
Interviewing the victim
• Approach should be same as for a victim of sexual
assault
• Show concern and compassion
• Do not “judge” the victim
• Race, sexual orientation, religion, style of dress must
not interfere with your objective
• Record the interview, excited utterances, and their
demeanor. Record everything!!
• Get a complete description of events
• Remember trauma, strangulation may affect victim’s
memory/ability to relay events
9/29/2014
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10/20/2014

Interview Questions • Has anything been broken • Who called police? damaged? • Talked to
Interview Questions
• Has anything been broken
• Who called police?
damaged?
• Talked to anyone else
before police arrived?
• Has anything happened to
you?
• Appear injured. Can you tell
me what happened?
• Strangled?
• Are there any children in the
• Who hurt you?
house? Are they injured?
• What did he/she hurt you
with?
Injured pets?
• Threats made? Content.
• How were you injured?
• Concerns for safety if
• How many times were you
struck? Open or closed fist?
Weapons used?
arrested/later released from
jail?
• Sexually assaulted?
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Interview Suspect • Separate from victim/witnesses • Give Miranda warning before custodial interrogation • Record
Interview Suspect
• Separate from victim/witnesses
• Give Miranda warning before custodial interrogation
• Record suspect’s description of incident
• Have suspect write written statement
• Note alibi statements suspect uses to discredit victim
• Note threats made to victim or police
• Document change in demeanor during interview
• Use of alcohol or drugs
9/29/2014
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Interview Children • Obtain names , dates of birth of all children present • Use
Interview Children
• Obtain names , dates of birth of all children present
• Use age appropriate manner/questions
• Outside presence of suspect and victim, alone if
possible
• Do not use children as translators
• Note statements made to child by suspect/victim
• Document excited utterances
• Consider whether a forensic interview is appropriate
9/29/2014
107
Interview Questions History • Physical abuse occurred before? • Ever felt afraid before? • Length
Interview Questions
History
• Physical abuse occurred before?
• Ever felt afraid before?
• Length of this relationship?
• Length of time abuse occurring? (mental)
• How often?
• LE ever called? When/where?
• Any witnesses to prior incidents/injuries? Contact
info?
• Suspect ever arrested for DV before?
• Prior medical treatment for injuries? When/where?
9/29/2014
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Interview Suspect • Inquire about, document any injuries • Consider that suspect may have inflicted
Interview Suspect
• Inquire about, document any injuries
• Consider that suspect may have inflicted own injuries
• Be aware that suspect may have called 911 Consider
that there may have been more than one 911 call
• Suspect may claim incident occurred because they
were protecting children from victim
• Get suspect to admit relationship, elements of crime –
case can be proved even without victim cooperation
9/29/2014
106
Interview Children Continued • Did they see/hear event or could have seen/heard event • Document
Interview Children Continued
• Did they see/hear event or could have
seen/heard event
• Document signs of injuries or healing wounds
• Do not ask leading questions
• Note demeanor, physical appearance
(condition of clothes, etc.)
• Assure they are not to blame if they made the
911 call
• Did they intervene to protect victim
9/29/2014
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10/20/2014

Interview Witnesses • Separate from victim/suspect • Avoid asking leading questions which suggest answers •
Interview Witnesses
• Separate from victim/suspect
• Avoid asking leading questions which
suggest answers
• Knowledge of past incidents/injuries
• Keep in mind witnesses may be biased
9/29/2014
109
Predominant Aggressor • Officers should determine which party is the predominant aggressor so that the
Predominant Aggressor
• Officers should determine which party
is the predominant aggressor so that the
true victim can effectively seek safety,
and offenders can be held accountable
• Keep in mind that you may find the
suspect with visible injuries and the
victim with none
9/29/2014
111
Predominant Aggressor What could happen if the victim is wrongfully arrested? • The case will
Predominant Aggressor
What could happen if the victim is
wrongfully arrested?
• The case will more than likely be dismissed for lack
of evidence
• The victim will be even more traumatized
• The victim is less likely to call again
• The suspect will use the arrest against victim
* If the victim calls again, then they will be arrested
* They will threaten to use the arrest to get custody
of children
9/29/2014
113
Arrest • Do I have a probable cause to arrest for a crime? *if no,
Arrest
• Do I have a probable cause to arrest for a crime? *if
no, then no crime was committed.
• If yes, then does a relationship of parties fall under IC
18-918? *then the officer may arrest.
Officers should never be looking for a reason not to
arrest in a domestic violence case
9/29/2014
110
Predominant Aggressor • Compare evidence to statements • Compare victim/witness/suspect statements • Assess
Predominant Aggressor
• Compare evidence to statements
• Compare victim/witness/suspect statements
• Assess verbal/non-verbal communication
• Review domestic violence history
• Injuries (offensive vs. defensive)
• Consider intent of the law
• Consider use of weapon, threatened use of
weapons
• Size differences
9/29/2014
112
Offensive / Defensive wounds • Officers need to know what defensive (self-defense) wounds look like
Offensive / Defensive wounds
• Officers need to know what defensive (self-defense)
wounds look like so that you do not arrest the person
that has defended themselves
• Self-defense tip: Be aware of injuries that seem
minor compared to their own injuries
• The basic human survival instinct is based on the
premise of, “Fight or flight”
• Be sure to get both stories and compare them with the
injuries. This will help determine the truth
9/29/2014
114

10/20/2014

Defensive wounds • Scratches to the back of the hands, face, and neck • Bite
Defensive wounds
• Scratches to the back of the hands, face, and
neck
• Bite marks on the inside of the arms or chest
• Injury on top of the head
• Injuries on back, buttocks, back of legs
indicated defensive fetal positions
• Groin or kicking injuries
• Eye injuries (gouging)
9/29/2014
115
9/29/2014 117
9/29/2014
117
Batterer bit victim on the bottom as he was attempting to rape her during battery
Batterer bit victim on the bottom as he was
attempting to rape her during battery
9/29/2014
119
Victim of a “Mother in Law” Notice hair missing in the front. The batterer’s mother
Victim of a “Mother in Law”
Notice hair missing in the front. The batterer’s mother
said she saw the entire incident and her son was only
protecting himself?
What do you think?
9/29/2014
116
This is a boot mark. Notice where it is. Victim was turned away. Batterer states
This is a boot mark. Notice where it is. Victim was
turned away. Batterer states he was protecting
himself. What do you think?
9/29/2014
118
Victim tried to claw and scratch at batterer while he was strangling her. Batterer claimed
Victim tried to claw and scratch at batterer while he
was strangling her. Batterer claimed victim was
choking and scratching him, so he hit her.
9/29/2014
120

10/20/2014

9/29/2014 121
9/29/2014
121
Notice the bruising straight across. Batterer states he was protecting himself. She states she was
Notice the bruising straight across. Batterer states he was protecting
himself. She states she was pushed up against something.
9/29/2014
123
Cut on victim’s head caused by glass bowl thrown at victim. Note the blood smears
Cut on victim’s head caused by glass bowl thrown at victim.
Note the blood smears on victim’s face.
9/29/2014
125
Female batterer. Notice the scratches and bruising on the knuckles. What does this tell you?
Female batterer. Notice the scratches and bruising on the
knuckles. What does this tell you?
9/29/2014
122
Notice the location of this cut. Was he possibly holding his arms up to protect
Notice the location of this cut. Was he possibly holding his arms up
to protect himself?
9/29/2014
124
Follow-up photo of cut on victim’s head. 9/29/2014 126
Follow-up photo of cut on victim’s head.
9/29/2014
126

10/20/2014

Follow-up • Consider re-interviewing victims/witnesses • Provide investigating officer’s name, agency, and work
Follow-up
• Consider re-interviewing victims/witnesses
• Provide investigating officer’s name, agency, and
work number
• Evidence collection (possible search warrant)
• Medical records obtained through medical release
• Arrange sexual assault exam if sexual assault
occurred
• Forensic interviews of children
• Photography (24 to 48 hours after crime-have victims
remove their makeup)
*Officer should arrange for photos to be taken
9/2/2014
127
Reports Suspect & Victim • Height & weight of both victim and suspect • Relationship
Reports
Suspect & Victim
• Height & weight of both
victim and suspect
• Relationship
• Court Orders
• Under the influence
• Photographs
• Demeanor of both
• Contact Phone Numbers
• Children
*Names
* Date of birth
*Exposure/ response
• Any quotes
9/29/2014
129
Idaho Risk Assessment of Domestic Violence Victims Seven Factors 1. History of domestic violence and
Idaho Risk Assessment of
Domestic Violence Victims
Seven Factors
1. History of domestic violence and abuse
2. Threat to kill victims and/or children
3. Threats of suicide
4. Separation
5. Obsessive/coercive controlling behavior
6. Prior police contact
7. Alcohol or drug use and abuse
9/29/2014
131
Incident Reports • Dispatch Information • Indicated Threats • Descriptive • Presence of children •
Incident Reports
• Dispatch Information
• Indicated Threats
• Descriptive
• Presence of children
• Statements
• Court orders
• Witnesses
• Contact name / numbers
• Injuries
• Victim/witness written,
recorded statements
• Medical treatment - location
• Narrative of alleged incident
• Photos, evidence
descriptions
*If your department has a
Supplemental Domestic Violence
Reporting Form, it should be
attached even if an arrest is NOT
made
• Steps taken to locate suspect
• Presence of Paramedics/Fire
9/29/2014
128
Reports Witnesses • Full legal name • Residence address • Contact phone numbers/ addresses •
Reports
Witnesses
• Full legal name
• Residence address
• Contact phone numbers/ addresses
• Date of Birth
• Alternate contacts
• Quotes with quotation marks
A report should be taken at a domestic call
whether or not an arrest is made.
9/29/2014
130
Strangulation 9/29/2014 132
Strangulation
9/29/2014
132

10/20/2014

Strangulation Visual signs to observe • Redness/abrasions/bruising *look for patterns *look at the chin *scratches
Strangulation
Visual signs to observe
• Redness/abrasions/bruising
*look for patterns
*look at the chin
*scratches
1.) may be superficial and
long
• Scratch marks/scrapes
2.) may be narrow or as
• Blood red eyes - capillary
rupture in white portion of
eyes (Petechiae)
wide as fingernail
*claw marks
There may be no visual
• Rope burns, patterns
injuries at all
• Fingernail marks
*Impressions
*Fingernail cuts in skin
(Like commas or semi
circles ) possible victims
Petechiae behind the ears
9/29/2014
133
Strangulation Notice the broken capillaries. 9/29/2014 135
Strangulation
Notice the broken capillaries.
9/29/2014
135
Strangulation Initial Photo – Petechiae behind victim’s ear 9/29/2014 137
Strangulation
Initial Photo – Petechiae behind
victim’s ear
9/29/2014
137
Strangulation Victim’s head was “pile-drived” into the wall and then Victim was Strangled. 9/29/2014 134
Strangulation
Victim’s head was “pile-drived” into the wall and then Victim was
Strangled.
9/29/2014
134
Strangulation . Follow-up photos of victim’s eye 9/29/2014 136
Strangulation
. Follow-up photos of victim’s eye
9/29/2014
136
Strangulation Follow-up Photos - Petechiae behind victim’s ear 9/29/2014 138
Strangulation
Follow-up Photos - Petechiae
behind victim’s ear
9/29/2014
138

10/20/2014

Strangulation Follow-up Photo - Bruising on the front of victim’s ear 9/29/2014 139
Strangulation
Follow-up Photo - Bruising on the
front of victim’s ear
9/29/2014
139
Strangulation Left side of victim’s neck 9/29/2014 141
Strangulation
Left side of victim’s neck
9/29/2014
141
Strangulation Strangulation occurred the night before incident reported. Finger marks are still visible. 9/29/2014 143
Strangulation
Strangulation occurred the night before incident reported.
Finger marks are still visible.
9/29/2014
143
Strangulation Follow-up - Petechiae behind victim’s ear 9/29/2014 140
Strangulation
Follow-up - Petechiae behind
victim’s ear
9/29/2014
140
Strangulation Right side of victim’s neck 9/29/2014 142
Strangulation
Right side of victim’s neck
9/29/2014
142
Strangulation Follow-up photos. Finger marks still visible. 9/29/2014 144
Strangulation
Follow-up photos. Finger marks still visible.
9/29/2014
144

10/20/2014

Strangulation This victim had no marks on her the day before. The officer chose not
Strangulation
This victim had no marks on her the day before. The officer chose
not to take a photo then. Would you?
9/29/2014
145
Strangulation 9/29/2014 147
Strangulation
9/29/2014
147
Strangulation Many strangulation cases have no visible injuries. Take a picture anyway. 9/29/2014 149
Strangulation
Many strangulation cases have no visible injuries. Take a picture
anyway.
9/29/2014
149
Strangulation You can see both the victim and the batterer’s marks here on her neck.
Strangulation
You can see both the victim and the batterer’s marks here on her neck.
9/29/2014
146
Strangulation According to the victim the batterer attempted to rip her throat out. Does these
Strangulation
According to the victim the batterer attempted to rip her throat out.
Does these marks match her story?
9/29/2014
148
Strangulation These marks go up and down. They more than likely from the victim trying
Strangulation
These marks go up and down. They more than likely from the victim trying
to remove the batterer’s hands.
9/29/2014
150

10/20/2014

Strangulation More scratches that appear to be from the victim 9/29/2014 151
Strangulation
More scratches that appear to be from the victim
9/29/2014
151
Strangulation Questions to Ask • Describe/demonstrate how it happened • Complaints of pain or discomfort?
Strangulation
Questions to Ask
• Describe/demonstrate how it
happened
• Complaints of pain or
discomfort?
• With one/two
hands/forearm/object?
• What made suspect stop?
• Attempt to protect
• Any statements during
strangulation? (Use quotes)
themselves/stop
strangulation? Describe
• Shaken while being
strangled?
• Any prior incidents?
• How many times and
• Difficulty breathing?
describe each in detail
• Loss of consciousness?
• Were you sexually abused?
( %)
• Anyone present?
• Any prior incidents of
DV?( %)
9/29/2014
153
Strangulation • Strangulation can cause the trachea to close. Even with minimal pressure, the after
Strangulation
• Strangulation can cause the trachea to close.
Even with minimal pressure, the after effects
can cause swelling over several weeks, which
could lead to impaired breathing
• Can render a victim unconscious in seconds
• Temporary or permanent brain damage can
occur in four to five minutes
• Brain death can occur in 4 to 5 minutes
9/29/2014
155
Strangulation Victim’s Symptoms • Pain to throat • Loss of consciousness • Difficulty swallowing •
Strangulation
Victim’s Symptoms
• Pain to throat
• Loss of
consciousness
• Difficulty
swallowing
• Hyperventilation
• Hoarseness
• Defecation/urination
(Almost dead)
• Loss of voice
• Uncontrollable
• Nausea – vomiting
shaking
• Petechiae
• Loss of memory
• Coughing
• Neurological
Problems
9/29/2014
152
Strangulation • Because of underlying brain damage caused by lack of oxygen during the strangling,
Strangulation
• Because of underlying brain damage caused by lack
of oxygen during the strangling, call for medics
• Call medics even if victims don’t want to be
transported
• Encourage victims to seek follow up medical
treatment especially if they refuse to be treated
• 4 lbs of pressure for 10 seconds is needed to close off
the jugular vein and cause unconsciousness
• 11 pounds of pressure is needed to close off the
carotid arteries and cause unconsciousness
9/29/2014
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Stalking Investigations Beginning of something bad • Desire to control • Instill fear • Keep
Stalking Investigations
Beginning of something bad
• Desire to control
• Instill fear
• Keep victim in the relationship
• Wanted attention
A course of conduct or pattern of behavior that seriously
alarms, annoys or harasses the victim and is such as a would
cause a reasonable person substantial emotional distress OR to
fear of bodily injury or death for himself/herself or a member
of his/her immediate family
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Stalking Investigations Some ways a stalker can stalk • Cyber stalking • Telephone, Text, Mail,
Stalking Investigations
Some ways a stalker can stalk
• Cyber stalking
• Telephone, Text, Mail, Facebook
• Following, Showing up
• Watching
• Making contact
• Leaving items for them
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Police Officer Domestic Violence Investigations • Some officers can not separate themselves from the job.
Police Officer Domestic Violence
Investigations
• Some officers can not separate themselves from the
job. The thought of losing the badge can push them
over the edge.
• They will possibly engage in premeditated setup with
fellow officers by coming to work complaining about
how crazy their spouse is
• You must contact a supervisor
• Ask another agency to investigate
• Be aware that the officer knows that their job is in
danger and will possibly tell you what you want to
hear
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Police Domestic Homicide 9/29/2014 161
Police Domestic Homicide
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Stalking Investigations What a victim can do to assist in the investigation • Document themselves
Stalking Investigations
What a victim can do to assist in the
investigation
• Document themselves and by calling the police
• Take pictures of caller ID and/or save numbers
on their cell phone
• Save any notes, texts, items they receive
• Take pictures of stalker following, watching
them
• Surveillance cameras
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Police Officer Domestic Violence Investigations • Keep in mind that the victim is more reluctant
Police Officer Domestic Violence
Investigations
• Keep in mind that the victim is more reluctant to call
for help because they may feel that you will not
believe them and take the officers side (Us vs Them)
• Be sure that you record and document everything
• Be aware that the suspect will probably tell you that
their spouse is crazy and hit him/her
• You must control the situation. Do not let them
control it.
• Photograph the victim, suspect and crime scene
• DO NOT allow them to walk around with a weapon
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Evidence Collection Evidence that should be considered at scene: • Presence of weapons • Damaged
Evidence Collection
Evidence that should be considered at
scene:
• Presence of weapons
• Damaged property including telephones
• Blood
• Threats
• Abuse of animals, children
• Injuries/Absence of injuries
• Witnesses
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Evidence Collection • Are there any recordings of this incident or prior incidents of violence
Evidence Collection
• Are there any recordings of this incident or prior
incidents of violence
• Any photos of injuries associated with this incident or
prior incidents
• Has any evidence removed, disposed of before arrival
of LE
• Have any witnesses left the scene before LE arrived
• Interview your 911 caller
• Interview anyone that victim or suspect called
before/after 911 called or before LE arrived
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Evidence Collection: Photography Scene • Damaged Property • Document layout of scene – including could
Evidence Collection: Photography
Scene
• Damaged Property
• Document layout of scene – including
could children have seen/heard incident
• Weapons involved
• Anything you take for evidence BEFORE
you collect it
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Evidence Collection Evidence involving a victim and suspect: • Spontaneous statements • Injuries (no matter
Evidence Collection
Evidence involving a victim and suspect:
• Spontaneous statements
• Injuries (no matter how slight)
* Cuts, swelling, bruises, and burns
* Offensive vs defensive wounds
• Weapons used
• Emotional demeanor of victim and suspect
• Torn clothing
• Written AND recorded statements
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Evidence Collection: Photography Victim, Suspect, and Children • Injuries/Absence of injuries (Arrange to take follow-
Evidence Collection: Photography
Victim, Suspect, and Children
• Injuries/Absence of injuries (Arrange to take follow-
up photos 24 - 48 hours )
• Condition of clothing (torn/bloody clothing also
needs to be collected)
• Areas where injuries claimed, but not yet visible
• Defensive and offensive wounds
• Children’s injuries and demeanor
• If hair was pulled/removed, photograph and collect
the hair
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Photography Did something happen here? Is this a good picture? 9/29/2014 168
Photography
Did something happen here? Is this a good picture?
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Photography Notice the blood and the bathroom in disarray 9/29/2014 169
Photography
Notice the blood and the bathroom in disarray
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Photography Is this good evidence that something happened here? 9/29/2014 171
Photography
Is this good evidence that something happened here?
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Photography The weapon was found in this trash bag. Notice the blood in the bag?
Photography
The weapon was found in this trash bag. Notice the blood in the bag?
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Photography According to the suspect and victim nothing happened here. According them, this is the
Photography
According to the suspect and victim nothing happened here. According
them, this is the result of her being on her menstrual cycle.
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Photography
Picture of where a knife came from in a stabbing investigation
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Photography This victim states that her head hurts from where the batterer punched her in
Photography
This victim states that her head hurts from where the batterer punched
her in the head. There was a large knot here. You can’t see it but I took
a picture of it anyway.
ALWAYS take pictures even if you can’t see it.
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Photography Batterer threw a glass bowl at victim, which cut her head open. Note the
Photography
Batterer threw a glass bowl at victim, which cut her head open.
Note the blood on the towel.
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Domestic Violence Homicide • Every year, 1 in 3 women who is a homicide victim
Domestic Violence Homicide
• Every year, 1 in 3 women who is a homicide victim is
murdered by a current or former partner
• In 70-80% of intimate partner homicides, no matter which
partner was killed, the man physically abused the woman
before the murder
• In 2013, there were 14 domestic violence related fatalities in
Idaho. As of August 21, 2014, there have been 8 domestic
violence related fatalities.
• Frequently, domestic violence end in the suspect committing
suicide
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Domestic Homicide • Results show that wives are much more likely to be slain by
Domestic Homicide
• Results show that wives are much more likely to be slain by
their husbands when separated from them than when co-
residing. The co-residency status does not seem to have an
effect on the risk to husbands.
• Data on time-since-separation further suggest that wives are
particularly at risk within the first two months. Direct cause
and effect relationship may not be proven. Rather, the wife’s
desertion and the husband’s assault may sometimes coincide
because both were precipitated by the same episode of marital
conflict.
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Domestic Violence Homicide 9/29/2014 176
Domestic Violence Homicide
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Domestic Violence Homicide • Generally, prior police contact with offender • When men killed partners
Domestic Violence Homicide
• Generally, prior police contact with offender
• When men killed partners or other relatives, they typically killed
in domestic violence situations. Half of the homicides in which
men killed women were preceded by a domestic conflict.
• When a man killed, he was the aggressor who turned the
confrontation into a physical attack in about two-thirds of the
cases (67%). In contrast, women offenders started the physical
action only about a third of the time (36%).
• When the offender was a woman, her victim frequently initiated
the fatal physical altercation. A significantly greater percentage
of women offenders claimed that they killed in self-defense
(42%).
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Domestic Homicide 2004 Jodi was a mother, a sister, and a daughter Her life was
Domestic Homicide 2004
Jodi was a mother, a sister, and a daughter
Her life was taken because she decided to
leave this relationship. She was married
for 3 months. We never went on any
domestic calls to this residence. We found
out later that her husband had a troubled
past, including domestic violence.
He loved her to death.
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Jodi Prather Valen Jodi was stabbed over 100 times with a sword and set on
Jodi Prather Valen
Jodi was stabbed over 100 times with a sword and set on fire.
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Jodi Prather Valen Another photo of Jodi 9/29/2014 183
Jodi Prather Valen
Another photo of Jodi
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Jodi Prather Valen The dog she loved so much was stabbed over 20 times 9/29/2014
Jodi Prather Valen
The dog she loved so much was stabbed over 20 times
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Jodi Prather Valen Numerous stab wounds 9/29/2014 184
Jodi Prather Valen
Numerous stab wounds
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Victim – Witness Programs These programs help victims overcome the emotional anxiety and trauma associated
Victim – Witness Programs
These programs help victims overcome the
emotional anxiety and trauma associated with
testifying in court, while encouraging witness
cooperation in the prosecution of criminal
cases.
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Victim – Witness Programs Explain to victims and witnesses that their cooperation is essential to
Victim – Witness Programs
Explain to victims and witnesses that their cooperation is
essential to crime control efforts and successful criminal
prosecution
Inform victims and witnesses of their rights to receive
dignified and compassionate treatment from criminal justice
professionals
Furnish information to witnesses on the court process, the
scheduling of the case, the trial, and the final disposition
Provide orientation to court proceedings and tips on how best
to accurately recall the crime scene and testify.
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Who is a Victim of Crime? Any individual who suffers direct or threatened physical, financial,
Who is a Victim of Crime?
Any individual who suffers direct or threatened
physical, financial, or emotional harm as a
result of a crime or juvenile offense. Rights
apply to the immediate families of homicide
victims, or victims that are unable to exercise
these rights, such as children. The court may
designate someone from the family to exercise
these rights.
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Victim’s Rights cont…. • Heard * Heard upon request, by a court that is considering
Victim’s Rights cont….
• Heard
* Heard upon request, by a court that is considering a
plea of guilty, at sentencing, incarceration or release
of the defendant
• Involved in plea bargains
* Afforded the opportunity to communicate with the
prosecution in criminal or juvenile offenses, and be
advised of any proposed plea agreement before it has
been made
• Not Harassed
* Allowed to refuse an interview, contact, or other
request by the defendant or any other person acting
on his/her behalf unless ordered by the court
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Victim – Witness Programs Victim service and crisis intervention programs are not as common as
Victim – Witness Programs
Victim service and crisis intervention programs are not as
common as witness assistance programs. Often housed in a
police department, sheriff's office, hospital, prosecuting
attorney’s office or nonprofit social service agency, these
programs generally attempt to intervene immediately after
victimization. They provide a comprehensive range of
services for crime victims, including responding to the crime
scene; crisis counseling; emergency money; transportation to
court, the local battered women’s shelter, the hospital, or the
victim assistance program office; assistance in replacing lost
documents or in completing victim compensation applications;
and referrals to community mental health centers and social
service agencies for extended counseling.
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What are Victim’s Rights? • To be treated fairly * Treated with fairness, respect, dignity,
What are Victim’s Rights?
• To be treated fairly
* Treated with fairness, respect, dignity, and privacy
throughout the criminal justice system.
• Involved in court
* Allowed to attend all court proceedings in the case
• Notified
* Given prior notice of trial, appellate, and parole
proceedings and provided, upon request, information
about the sentence, incarceration, or the release of the
defendant
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Victim’s Rights, cont… • Involved in sentencing * Allowed to be heard prior to sentencing
Victim’s Rights, cont…
• Involved in sentencing
* Allowed to be heard prior to sentencing
• Property Returned
* Assured the speedy return of any stolen or other
personal property by law enforcement when no
longer needed as evidence
• Notified of defendant’s release
* Notified whenever the defendant or suspect is
released or escapes from custody. The law specifies
that the law enforcement agency from whose custody
the defendant is released or escapes shall make
notification
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What Are Conditions For Eligibility • Crime committed in Idaho after July 1, 1986 •
What Are Conditions For Eligibility
• Crime committed in Idaho after July 1, 1986
• Must have been reported to LE within 72 hours of
crime or must have documented good cause for not
doing so
• Victim must fully cooperate with law enforcement
officials in investigation and prosecution of crime
• Victim must file claim within 1 year or show good
cause why they did not
• Victim/claimant's own misconduct must not have
caused or contributed to injury
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What are Reimbursable Expenses? • Medical/ Counseling *Physician and hospital services, medicine, counseling, and
What are Reimbursable Expenses?
• Medical/ Counseling
*Physician and hospital services, medicine,
counseling, and other approved treatment, subject to a
maximum of $2,500.00 for mental health treatment
• Wage loss
*Compensation may be provided for lost wages if the
victim loses more than 1 week as a result of injuries.
66% of the victim’s weekly wage at the time of the
crime. Subject to max of $175 per week
• Funeral Expenses
*Benefits may be paid for funeral expenses up to a
maximum of $5,000.00
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Who Can File a Claim? • A victim • The spouse or children of a
Who Can File a Claim?
• A victim
• The spouse or children of a deceased
victim
• Authorized persons, such as a parent or
legal guardian of a victim who is a minor
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What are The Reimbursable Expenses? • Provides funds to the victim/claimant after all other sources
What are The Reimbursable
Expenses?
• Provides funds to the victim/claimant
after all other sources of payment have
been exhausted up to a maximum of
$25,000.00.
• When claim approved, payment may be
made for reasonable expenses which
directly result from crime
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What Expenses are Not Covered? • Property loss • Pain and suffering • Injury resulting
What Expenses are Not Covered?
• Property loss
• Pain and suffering
• Injury resulting from traffic crash, unless vehicle was
intentionally used to inflict injury; operator was DUI;
or other driver left the scene
• Payment would benefit offender and/or accomplice
• Treatment for victims confined in prison, correctional
facility, or public institution
• Injury sustained by victim while engaged in felony
activity or DUI
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Where Can The Victim File a Claim? • Law Enforcement Agencies • Prosecuting Attorney’s Office
Where Can The Victim File a
Claim?
• Law Enforcement Agencies
• Prosecuting Attorney’s Office
• Hospital
• Idaho Industrial Commission Offices
• Victim Advocate Groups
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How is the Program Funded? • Fines imposed – felony/misdemeanor convictions • Judgments imposed on
How is the Program Funded?
• Fines imposed – felony/misdemeanor
convictions
• Judgments imposed on offenders
• Federal grant funded by federal penalties
against offenders
• Restitution from offenders
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