WWYD: Domestic Violence

[CXT_180]

I enjoyed the scenario-based theoretical "shoot/don't shoot" scenarios we had a while back. I thought I'd try one for DV.
The following situation is based on a real incident: (no, it didn't happen to me)Read the updates and give responses as appropriate...

You are a Police Officer in a small department on FTO training. You are riding shotgun with one of your sergeants, it is a midsummer evening. Things so far have been relatively (knock on wood) quiet. You are dispatched to a report of a domestic in progress in a low to mid income level neighborhood. There is an open 911 line at the scene. The dispatcher reports that she can hear shouting and a woman crying and yelling "STOP" There is banging around of pots and pans as if the argument is taking place in the kitchen.
The K-9 unit doesn't come on for another half hour, so it's just you and the Sgt. for right now. There are Deputies and Troopers you can call for backup, but none of them are within 15 miles. Halfway to the scene, the phone line went dead. The dispatcher tells you the last thing she heard was the female yell; "Don't"
Weapons, number of people (sounds like just two), relationship are all unknown at this time. There are no prior DV/Disturbance incidents at this address.
You arrive on the scene and you can't hear anything from outside the residence. It is a single level ranch style home. There are two vehicles in the driveway, a pickup (shotgun in the rear window) and a midsize sedan. No toys or carseats in sight.
The Sgt knocks on the door, and the husband/boyfriend answers (6'0'' 220lb male). He states that is was just a verbal argument, sorry about the noise.
The woman appears (about 5' 8" 130lb) in the background, sniffeling and holding her hand over her eye. It's obvious she's been battered, and this probably isn't the first time, by the look of the bruises on her arms, shins, and her black eye you noticed when she moved her hand to wipe her nose.
The sergeant asks the man to let him in the house so he can talk to her about what happened. The man replies, "She's fine" and tries to shut the door.
The Sgt pushes the door open, forcing his way inside the house. You follow.
...What do you do now?

[Cobra]

I'd seperate the two, first hand.

[dragonspider]

Separate them.... Ask the assailant to come outside and talk. Sarge and the woman stay inside the house and talk.

[Cobra]

IMO, negative on taking the assailant out of his partners view. I'd like to be able to see my partner while they were talking.

[razdaz]

Well, just based on the facts given, in Texas, the hubby has a very good chance of staying the night in jail.

[dragonspider]

The key is to separate the actors, and defuse the situation. Removing one or the other from the house for further questioning is the safest option for defusing. Not only does it separate the actors, but it puts me back outside where I feel more comfortable. It provides the alleged victim an opportunity to talk to my partner, without the alleged assailant's influence, and it allows me to question the assailant to get "his side" of the story. This doens't mean that we have to go out of sight of eachother, but we obviously can't work through this domestic with both of them looking at eachother, yelling at eachother, and pushing the blame back and forth between eachother...

[Cobra]

Dont have to look at each other, ive done scenarios in which we are in the same room, but they dont look at each other. If they want to yell at each other, thats fine...ill tell them to stop, and if they continue to do it I do believe I can get 'em for interfeering with an investigation, or whatever the technical term for that beast is.

[Menace]

Put them back to back in different rooms if that allows me to see my partner. Separation is the biggest thing next to officer safety. If they continue to argue with each other, then inform them that if they continue, the interview will happen in the back of the patrol car. Assess the stories of the two people there, and in Arizona, whoever did the battering goes to the hoose gow. Plus take pictures of the injuries, call meds, etc...

Menace

[oscarmitre]

Speaking from personal experience - make sure you're not in the kitchen, too many knives.

He is going to get locked up in double-quick time, even if it's against her wishes in my jurisdiction.

[ryanhj]

I have one question, can you immediatly place the male suspect in handcuffs for officer safety so to temporarily detain him BEFORE you interview him and the female and decide if he is going to be arrested?

In this case it is clearly obvious that the male is the agressor and is probably going to be arrested since the female is battered and is bleeding. The male also is potentially very violent! In most states if one partner is physically injured, the partner that caused the injury MUST be arrested regardless of whether or not the female wishes to file criminal charges. Why not just immediatly detain him and place him in handcuffs?

[oscarmitre]

Please note that this response only applies in South Australia.

There will be a brief interview of the suspect. Because he is a suspect he will be cautioned. There is no automatic arrest provision in South Australia because original authority of the constable lies with each police officer. There is no mandated arrest scheme for dv offenders.

The suspect will not be handcuffed because at that stage he is not under arrest and handcuffing is not automatic in any case. We have to prove we had reason to handcuff. Unless he is violent we can't handcuff him. Even for transportation purposes. If we handcuff without cause we can be sued.

Depending on what happens duringthe interview and evidence gathered at the scene (including from the victim) he will either be arrested or not. In this scenario he would be arrested and immediately be advised of his rights. It is very likely the arresting officer would be opposing police bail.

As I said, this is only for my state.

[CXT_180]

Once inside the home, the male individual becomes very upset shouting at you and saying he has done nothing wrong and Get the F___ out of my house!!! It also becomes apparant that alcohol is a factor due to the open container of Jack laying on its side near a wall...looks like it was thrown there. The male individual also has a strong odor of alcoholic beverage about him. Eyes are bloodshot too. You haven't been close enough to the woman to tell if she had been drinking also.
The woman starts to cry again, covering her face with her hands, and runs back towards one of the bedrooms. The male individual lunges after her and you and the sergeant restrain him physically. He doesn't resist, and eventually he calms down enough so that you can get the two seperated. The sergeant takes him outside to talk. He tells you to find her and get her statements.
You find her in the main bedroom of the house in between the bed and the wall, sobbing. You tell her you'll be right back. You walk outside to get some DV worksheets out of the car. You see the male individual sitting on the ground with his head between his knees, hands on his forehead.
You return to the house with the camera and forms. You find the female back in the kitchen, trying to clean up your crime scene. It's a mess. There are pans on the floor along with what remained of dinner. There is also a large block of knives on the counter right above where she is cleaning the floor. Whoops.
You get her started on her statements and snap a few pics of the living room and what the kitchen looks like now.
She asks you, "What happens now?"

[dragonspider]

The male is detained, presumably in hand cuffs? At a minimum, he's going for disorderly, but neither actor is aware of any charges yet... no need to set anyone off before we're done with our investigation. Finishing up the DV worksheet, making what appears to be small talk... asking if this has happened in the past, are there any weapons in the house, any prior arrests or convictions, etc... Also explaining to the female actor her options... seek help with the court, DV shelters, etc. Victims often go a little irate when they find out their abuser is actually going to jail (something I still don't understand)... Before advising that the male actor is going for domestic, I would reposition the knives in an area that is not readily available (e.g. in a cupboard, in the refrigerator, etc.). Talk your assessment over with the Sarge real quickly, and advise both parties of the charges (domestic violence, and disorderly person)...

[ryanhj]

I am just wondering, is disorderly conduct the same offense as obstruction of justice? I think that they are two different offenses, and the only reason I am asking is because by trying to slam the door in the face of the officers, the male actor has probably committed obstruction of justice.

Would the charges then be:
1) Disorderly person
2) Obstruction of Justice
3) Domestic Violence
???

[Tankus]

1. Because he is a suspect he will be cautioned.

2. There is no automatic arrest provision in South Australia because original authority of the constable lies with each police officer. There is no mandated arrest scheme for dv offenders.

3.The suspect will not be handcuffed because at that stage he is not under arrest and handcuffing is not automatic in any case. We have to prove we had reason to handcuff. Unless he is violent we can't handcuff him. Even for transportation purposes. If we handcuff without cause we can be sued.

As I said, this is only for my state.

i dont mean to undermine you or disagree oscar cos i know you said that this only applies for your state....however, since our states share a common border you would think it be a lot more across the board..!!

1. after getting in and securing the suspects safety and our safety, if i believe an offence has been committed, i will caution all and sundry before i talk to them.....been caught out before and his beak wasnt happy!!

2. id make sure my partner and i understood each other and were on the same wavelength....my decision to arrest could be out ranked by his/her decision to summons or just throw in the detox for the nite....

3. i have handcuffed suspects for my own safety.....i have told them that due to circumstances...ie the state of the other person, the volitleness of the situation and the fact that at the time i dont have a clue what is really the truth, i will be handcuffing him/her.....

i submitted the required use of force form for the cuffing, and made the right notes in the right books and the sgt was fine with that....