Domestic Violence Investigations: Trauma-Informed Practices, Firearms, Evidence, TBI, and Safety

Learning Objectives

  • Discuss best practices in investigating DV that incorporate a trauma-informed response.

  • Identify best practices in investigating, seizing, and surrendering of firearms under applicable laws.

  • Discuss the importance of intervention for victim safety and homicide prevention.

  • Recognize signs of Traumatic Brain Injury (TBI).

  • Recognize signs of strangulation.

DV and Firearms: Best Practices

  • Separate parties and ask the victim about in-home access and whether there is an active CPL.

  • Seize all guns/ammo used or threatened.

  • Seize all guns in plain sight or discovered pursuant to a lawful search.

  • Request consent for temporary custody of any other firearms to which the alleged abuser has access until a judicial officer hears the matter.

  • Document all gun/CPL information in the incident report.

  • Notify victims regarding firearms/CPL surrender.

  • Advise victims of all reasonable means to prevent further abuse.

  • Reminder: DV Response Required by Law (RCW 10.99.030).

Firearms – Legal Authority and Seizure

  • A peace officer who responds to a domestic violence call and has probable cause to believe that a crime has been committed shall:

    • Seize all firearms and ammunition the officer has reasonable grounds to believe were used or threatened to be used in the offense.

    • Seize all firearms in plain sight or discovered pursuant to a lawful search.

    • Request consent to take temporary custody of any other firearms and ammunition to which the alleged abuser has access until a judicial officer hears the matter.

  • Note: DV – Firearms.

Victim Inquiry about Firearms

  • The peace officer shall separate the parties and inquire of the victim:

    • If there are any firearms or ammunition in the home owned or possessed by either party.

    • If the alleged abuser has access to any other firearms located off-site.

    • Whether the alleged abuser has an active concealed pistol license (CPL).

  • Purpose: ensure a complete record for future court proceedings.

Expanded Inquiries and Context

  • The inquiry should clarify that the officer is not asking only if a firearm was used at the incident, but also:

    • Whether the alleged abuser keeps a firearm in plain sight in a coercive manner.

    • Whether the alleged abuser has threatened to use firearms in the past.

    • Whether there are additional firearms in a vehicle or other location.

Documentation of Firearms Information

  • The officer shall document all information about firearms and concealed pistol licenses in the incident report.

Scene and Investigation

  • Scene Considerations: Scene Management, Handcuffing Positioning, Exigent and/or Entry of Parties, Frisking.

Investigative Tools and Considerations

  • Investigative tools and resources: AccessData, CRIME SCENE, KeepSafe, Security Dogs.

  • Evidence handling: EVIDENCE BAG, continuity, photo evidence, and digital evidence storage (e.g., WD400 representations).

  • Note: Continuity and chain-of-custody concepts implied by references in slides.

Look for Admissible Evidence

  • Look for evidence that:

    • Proves each element of the crime.

    • Corroborates anticipated testimony.

    • Overcomes likely defenses.

  • Ultimate Goal: accomplish these objectives without the victim’s testimony (e.g., in homicide investigations).

  • Example context: The slide references that homicide investigations may rely on various non-victim evidence.

Victim and Paramedic/911 Statements

  • Statements to 911 (“Cry for help”): ongoing emergency; responses may not be testimonial.

  • Statements to Paramedics: identification of assailant/causation; past or present symptoms; reasonably pertinent to diagnosis or treatment.

  • Other statements: statements under belief of imminent death (cause or circumstances related to death);

    • Statements against interest (exposure to liability or loss); Declarant unavailable requirement for admissibility without victim testimony.

  • Admissible evidence without victim testimony: See rules regarding declarant availability.

Documenting Victim’s Statements

  • Court look-for: statements made to enable police assistance to meet an ongoing emergency.

  • Documentation tips:

    • Distinguish statements on arrival vs. those made in response to further questioning.

    • Avoid summarizing; quote excited utterances, identifications, or complaints of pain/fear.

    • Describe demeanor, appearance, and environment when statements were made.

    • Indicate timeframe, duration of contact, and changes in demeanor during contact.

  • Practice: Document Victim’s Statements clearly and with context.

Documenting Victim Behaviors and Appearance

  • Document behaviors and appearances such as:

    • Hair appearance

    • Crying / sobbing

    • Standing still / moving

    • Arm movements

    • Hand movements

    • Quiet / stunned

    • Ability to stand / walk

    • Breathing pattern

    • Rate of speech

    • Clothing at the scene

    • Visible injuries

    • Eyes / facial expressions

  • Document excited utterances where present.

Defendant Statements

  • Always document defendant statements.

  • Anticipate potential defenses:

    • Self-defense (assess fear and demeanor)

    • Accident (look for inconsistencies or history)

    • Alibi (follow up later)

  • Even subtle admissions:

    • Knowledge about an order

    • Existence of an argument

    • Anger

    • Who tried to leave

  • Include details of defendant statements in the report.

Victim Corroboration and Other Evidence

  • Corroboration sources include:

    • Witnesses (friends, family, neighbors)

    • Photos

    • 911 calls

    • Injuries (before vs after)

    • Demeanor and statements

  • Why corroboration matters: strengthens the case when victim testimony is limited or unavailable.

Who Can Be a Witness and Evidentiary Value

  • Potential witnesses:

    • Friends/Family

    • Neighbors

    • Medical support personnel

    • Children (state of mind, competency considerations)

    • 911 callers

    • Jail staff / Jail calls

    • Apologies / Admissions

  • Use: identifying and leveraging witness credibility and corroboration.

Evidence/Documentation (General Categories)

  • Medical Release Form

  • Firearms / Ammunition records

  • Written Statements

  • Evidence Photographs

  • Written Resources

  • Handling of Conflicting Statements with no Additional Evidence

Persuasive Evidence and Perception

  • Consider which evidence is more persuasive: e.g., car window smashed vs. bedroom mirror broken (illustrates how physical evidence is interpreted).

Traumatic Brain Injury (TBI) and Domestic Violence

  • The officer should inform victims that information on TBI can be found on the statewide website developed under RCW 74.31.070; RCW 10.99.030(7)(b): Informing Victims.

  • TBI is an intracranial injury resulting from external physical force to the head or neck.

  • Classification is based on causative forces, pathophysiology, and injury severity.

  • Causes include bumps/jolts, rapid acceleration/deceleration, lack of oxygen (e.g., strangulation), severe shaking, or penetration of the skull causing damaged brain tissue.

Common Causes of Closed Head Injuries in DV

  • Objects striking the head or neck.

  • Pushed against a wall or other surface.

  • Pushed down stairs.

  • Violent shaking or strangulation.

  • Victims may sustain a TBI without obvious trauma or detectable symptoms.

Strangulation and Homicide Risk

  • 1 in 4 women will experience DV in their lifetime.

  • Of those at high risk, up to 68% will experience near-fatal strangulation by their partner.

  • Unconsciousness can occur within 5-10 seconds.

  • Death can occur in as quickly as 4-5 minutes.

  • Death can also occur days or weeks after the incident due to internal injuries.

  • DV victims are up to 8\times more likely to become victims of homicide.

Stalking (RCW 9A.46.110)

  • Establishing probable cause for stalking:

    • Repeated harassment or following the victim.

    • Victim’s state of mind: conduct creates a reasonable fear of injury.

    • Subjective/Objective evaluation of the suspect’s state of mind.

    • Conduct intended to frighten, intimidate, or harass; or should have known any of the above.

Establishing Reasonable Fear

  • Symptoms of reasonable fear include:

    • Loss of sleep

    • Depression

    • Weight loss or gain / changes in eating patterns

    • Difficulty concentrating

    • Anxiety

    • Hyper-vigilance

    • Nightmares (sleeping and awake)

  • Reasonable fear can be established through other witnesses and does not require the victim’s testimony.

Establishing Suspect’s State of Mind

  • Consider: Course of conduct, context, corroboration.

  • Examples of corroborating evidence across days:

    • Day 1: Received texts

    • Day 2: Threatening calls

    • Day 3: Showed up at work

    • Day 4: Dead roses

    • Day 5: Parked across street all night

    • Day 6: Poisoned cat

Address Confidentiality Program

  • Domestic Violence and Address Confidentiality Program

  • Questions and review as part of DV case handling.

Practical Implications and Real-World Relevance

  • Trauma-informed practices reduce re-traumatization and improve victim safety and cooperation.

  • Clear firearm-related procedures protect victims and ensure lawful processes.

  • Thorough documentation, corroboration, and witness utilization strengthen cases, including when victims are unavailable.

  • Awareness of TBI and strangulation effects informs medical referrals, victim safety plans, and interview techniques.

  • Understanding stalking and reasonable fear supports protective actions and court actions.

Ethical and Practical Considerations

  • Balance between victim safety and victims’ rights; ensure due process when seizing firearms.

  • Use trauma-informed interviewing to minimize retraumatization while obtaining reliable information.

  • Ensure accurate, timely documentation to support judicial outcomes.

  • Provide victims with information about resources (e.g., TBI information, address confidentiality).

Key References and Legal Anchors

  • RCW 10.99.030 (DV response required by law).

  • RCW 74.31.070 (statewide TBI information website).

  • RCW 9A.46.110 (Stalking).

  • RCW 10.99.030 (general DV response framework).