Domestic Violence Study Notes

Domestic Violence ~ Chapter 6 Study Notes

Topics Covered in This Chapter

  • 1. Psychology of Domestic Violence

  • 2. Cycles of Violence and Why Victims Stay with their Abusers

    • A.G. 318-15 Orders of Protection Served on Members of the Service

    • Uniformed Members of the Service

    • P.G. 208-36 Family Offenses/Domestic Violence

    • P.G. 212-34 Police Officer, Civilian Employee Involvement in Police Incident

    • P.G. 212-123 Use of Body-Worn Cameras

    • P.G. 212-128 Extreme Risk Protection Order

  • 3. Family Court Act Definition of “Family” & NYPD’s Expanded Definition

  • 4. Family Court Act Definition of Family Offenses

  • 5. Concurrent Jurisdiction

  • 6. Tactical Considerations and Evidence-Based Prosecution

  • 7. Primary Physical Aggressor Law and Must Arrest Situations

  • 8. Procedure when Responding to Domestic Violence Calls

    • Proper Preparation of New York State Domestic Incident Report

  • 9. Orders of Protection: Issuance and Enforcement

  • 10. Members of the Service Involved in Domestic Incidents

  • 11. NYC’s Response to Combat Domestic Violence

  • 12. Effective Communication & Empathy Awareness

    • Supplement Mandatory Patrol and Administrative Guide Procedures

    • Disciplinary Matters

    • A.G. 318-09 Member of the Service Arrested (Uniformed or Civilian)

    • A.G. 318-16 Orders of Protection Prohibiting Off-Duty Firearms Possession

    • Arrests

    • P.G. 208-37 Family Offenses and Domestic Violence Involving Members

  • 13. Command Operations

    • P.G. 212-57 Service of Family Court/Supreme Court Orders of Protection

Required Digital Activity Log Entries – Domestic Incidents

  • 1. Spontaneous statements made by victims, offenders, and witnesses

  • 2. Excited utterances made by victims

  • 3. Statements or arguments overheard

  • 4. Brief description of the scene

  • 5. Emotional state and demeanor of the victim and offender

  • 6. Names, home phone numbers, cell phone numbers of all present

  • 7. Name and tax number of the officer who took photos

  • 8. Date, time, and number of photos taken

  • 9. Explanation in log if no arrest is made for visible misdemeanors

  • 10. Steps taken to determine the primary physical aggressor if indeterminate

  • 11. Explanation of actions and decision process for unfounded dispositions

Part I: The Psychology of Domestic Violence

  • Definition: Domestic violence is a pattern of intentional coercive behavior.

    • Coercive Behavior: Refers to a pattern of controlling behaviors creating an unequal power dynamic, giving perpetrator power over their partner.

  • Elements of Domestic Violence: Physical, emotional, psychological, economic, and sexual abuse.

    • Physical Abuse Examples: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, denying medical care, forcing substance use.

    • Sexual Abuse: Coercion or attempted coercion of sexual contact without consent; includes marital rape, sexual coercion.

    • Emotional Abuse: Undermining self-worth; includes constant criticism, name-calling, damaging relationships with children.

    • Economic Abuse: Control over financial resources and economic decision-making.

    • Psychological Abuse: Use of intimidation and threats of harm; includes destruction of property and isolating partners.

    • Technological Abuse: Use of technology to control, stalk, or harass a person.

Domestic Violence Facts

  • Learned Behavior: Domestic violence is not a mental illness; it is learned, often perpetuated by societal expectations of aggression and power.

  • Incidence Data: Many abusers increase violence during pregnancy; substance abuse does not cause violence but may intensify it.

  • Isolation of Victims: Victims often stay in relationships due to fear, lack of resources, and psychological damage.

  • Children's Impact: Growing up in abusive environments leads to severe psychological outcomes similar to children who are physically abused.

  • Homicide Rates: Domestic homicides often spike during separation or divorce situations.

Part II: Cycles and Progression of Violence

  • Cycle of Abuse Phases:

    1. Phase I: Tension Building

      • Abuser becomes increasingly agitated; victims feel the need to keep tensions low.

    2. Phase II: Abusive Incident

      • Escalation leading to violence; stops when intervention occurs (police or medical assistance).

    3. Phase III: Honeymoon/Reconciliation

      • Abuser may apologize and exhibit loving behavior, leading victims to believe the cycle will change.

Why Victims Stay

  • Situational: Economic dependence, fear of retaliation, social isolation.

  • Emotional: Attachment, insecurity, denial, and false hope.

  • Personal Beliefs: Cultural or religious pressures to maintain family unity.

Part III: Disputes vs. Violence

  • Domestic Incident Definition: Disturbance between family members; distinction between verbal conflict (dispute) and acts violating the law (domestic violence).

Part IV: Definition of Family/Household under Family Court Act

  • Relationships Included: Legal spouses, former spouses, siblings, parents of children, intimate partners (without physical cohabitation necessary).

  • NYPD Expanded Definition: Also includes roommates with greater relational dynamics than mere financial arrangements.

Part V: Definition of Family Offenses

  • Family Offenses List:

    • Harassment: 2nd Degree - Violation; 1st Degree - Class B Misd.

    • Assault: 3rd Degree - Class A Misd.; 2nd Degree - Class D Felony.

    • Additional offenses: Disorderly conduct, aggravated harassment, reckless endangerment, stalking, sexual misconduct.

Part VI: Concurrent Jurisdiction

  • Scenario for Concurrent Jurisdiction: Family offenses committed by offenders aged 18+ can be adjudicated by both Family and Criminal Courts. If a minor is involved (16-17 years), only felony family offenses fall under concurrent jurisdiction.

Part VII: Proper Police Response to Domestic Violence

  • Tactical Considerations:

    • Instances are dangerous; officer safety is paramount.

    • Previous incidents illustrate the risk involved (e.g., Officer Guidice incident).

  • Evidence-Based Prosecution:

    • Collect all forms of evidence to support prosecution without necessarily victim testimony; examples include excited utterances, victim written statements, digital photographs, etc.

Part VIII: The Primary Physical Aggressor Law

  • Criteria:

    1. Comparison of injuries.

    2. Threats of future harm.

    3. Historical violence patterns.

    4. Presence of existing Orders of Protection.

    5. Witness evidence.

Part IX: Mandatory Arrest Situations

  • Offenses Requiring Arrest:

    • Felonies: Arrest required, regardless of complainant desire.

    • Violations of Orders of Protection: Mandatory arrest irrespective of complainant’s wish.

Part X: Procedure When Responding to Calls

  • Immediate Steps: Obtain medical assistance, ascertain facts, document evidence, and take photographs of injuries. Record statements and issue necessary Domestic Incident reports, especially if arrests are not made.

Part XII: Investigation and Documentation of Domestic Incidents

  • Preliminary Investigation Guidelines: Investigate circumstances thoroughly, including injuries, conditions of the scene, and presence of witnesses.

Part XIII: Orders of Protection

  • Legal Significance: Mandates behavior prohibitions enforced legally.

  • Process After Violation: Verify the order is current; initiate process for arrest if violated.

Part XIV: Members of Service Involved in Domestic Incidents

  • Handling Sensitively: Focus on professional integrity; consequences for offenders/abusers from police ranks.

Part XV: New York City’s Response to Domestic Violence

  • Hotline: Established resources and ongoing education to combat domestic violence effectively.

    • NYC HOPE Website: Provides additional community resource connections.

  • NYPD response: Strong pro-arrest policies and centralized data tracking for incidents and Orders of Protection.

  • Home Visit Program: Follow-up support and risk assessment provided to victims.

Supplemental: Effective Communication & Empathy Awareness

  • Discussion Points: Reflect on how responding inappropriately can double the victim's trauma during interventions.