Domestic Violence

How well do you know about what happens in a home?

• Pull out a paper and number it 1 to 20.

I. Domestic Violence Defined:

Defined: Abuse committed against a person involved in one of the nine(9) relationships.

A. 13700 (a) PC – Define Abuse

B. 13700 (b) PC - Define Relationships;

9 relationships

C. 13700 (b)(1-6)PC – Define Cohabitants

A. 13700(a) PC- Abuse:

• Intentionally or recklessly causing or attempting to cause bodily injury,

• or, placing another person in reasonable fear of imminent serious bodily injury to him/herself or another.

B. 13700 (b) PC – 9 Relationships

• Spouse • Cohabitant• Dating Relationship• Engagement• Having a child with

• Former Spouse• Former Cohabitant• Former Dating

Relationship• Former Engagement

C. 13700 (b)(1-6)PC – Define Cohabitants

• 1. Sexual relations between parties while sharing the same living quarters.

• 2. Sharing of income or expenses.

• 3. Joint use or ownership of property

• 4. Whether the parties hold themselves out as husband and wife

• 5. The continuity of the relationship, and

• 6. The length of the relationship.

D. Domestic Dispute VS. Domestic Violence

• Domestic Disputes are disagreements between family or household members that DO NOT involve violence, threats of violence, or court order violations.

• Your role as a Peace officer in a domestic dispute is to keep the Peace.

II. Penal Codes

For Domestic Violence

A. 273.5 PC Willful infliction of Corporal Injury: Felony

• Willfully inflicts

• corporal injury upon a person

• who is a spouse, former spouse…– (9 relationships)

• that results in a traumatic condition.

• 1. Corporal Injury: An injury to a person’s body

• 2. Traumatic condition: A condition of the body, such as a wound or injury (internal or external), caused by a physical force, however slight.

• 3. Spouse: a relationship defined as being taken in marriage as husband or wife.

• 4. 243(f)(10) PC Dating Relationship defined

B. 243(e)(1) Battery applied to DV:

Look up and Define in your notes:

• When unlawful force or violence is used against a person who is a spouse, former spouse,…(9 relationships)

• **Misdemeanor

• What makes 243(e)(1) different from 273.5

• 836(d) PC Warrantless Arrest for Misd.

C. 591 PC Malicious destruction of Telephone,….Electrical line.

• Unlawfully and Maliciously takes down, removes, injures, severs a wire of, or makes an unauthorized connection

• with a telegraph, telephone, or cable television or any other line

• that conducts electricity.

D. Other Misc. related Penal Codes

• 273.7 PC- Malicious disclosure of location of DV Shelter: Define it and classify it

• 422 PC- Criminal Threats: – Define and classify it

• 646.9 PC- Stalking: – Define and classify it

E. Proper Documentation: Mandatory!

• Note and document the physical and emotional conditions of victims, suspects, and witnesses, as well as children.

• Record all “spontaneous statements”

• History on residence and/or parties involved.

• Seize all weapons involved for evidence

• Seize all deadly weapons for officer safety and safekeeping (12028.5 PC)

• Indicate if drugs or alcohol were involved.

*See Handout for further

Documentation Information

DV handouts:

#1 Other Info to Obtain

#2 Photographing the Scene

#3 Weapons Seized

F. 13701(b) PC – Determining the dominant aggressor:

• Peace officers shall make a reasonable effort to identify who is the dominant aggressor (the suspect).

• The dominant aggressor is defined as the most significant aggressor, rather than simply the first to strike.

III. Characteristics of Domestic Violence

A. The Cycle of Violence:The honeymoon, Tension, Explosive

(see handout)

B. The Causes:

C. The Victims:

D. The Abuser:

E. The Children:

F. The Reasons to Stay:

B. The Causes:

Violence between partners may be triggered by several factors, such as:

*Stress situations:

job loss, Financial problems

Role changes, pregnancy…

*Daily frustrations

*Alcohol and / or Drug abuse

*Abuse Prone Attitudes…

*Sadistic Personalities

*Childhood experiences

*Mental or physical disorders.

C. The Victim:

*What is the typical description of a domestic violent victim?

*There is NO typical profile of a DV victim other than the victim is usually female.

*young, old, middle-aged

*white, hispanic, black, asian,…

*single, married, divorced…

*rich, poor, professional…

D. The Abuser:

What would be the typical profile of an abuser?

*Again, there is NO typical profile.

*The abuser is usually male.

Some common characteristics of an abuser…*low self esteem*under influence of Alcohol/Drugs*believes abuse was justified and not his fault*the assaults usually continue (not 1 time offenses

E. The Children:• Often learn that violence is an acceptable

and expected part of a relationship.• May carry violence into adult relationships.• More aggressive behavior (bullying)• Low self esteem• Often uses violence to express frustration,

anger, needs….• Fear, anxiety, depression• May have delayed development (motor skills)

• Children may be emotionally as well as physically neglected.

• Substance abuse is higher risk

• May ultimately commit homicide of batterer.

F. Reasons to stay in the Relationship:

Why does “she” stay?

• Fear (3/4 of women are beaten after they leave the relationship)

• Financial Dependencies: victim lacks skills or money

• Love *Ignorance

• Low self-esteem *loyalty

• Embarrassment/ Pride/ Ashamed

• Religious reasons…