Investigating
Domestic Violence
“Best Practices”
Pete Helein
Chief of Police
Appleton Police Department
Oshkosh - May 23, 2013
Lunch Exercise
Engaging Stakeholders
 How Do You Engage?
 How Might You Benefit?
 How Do You Encourage
Victims To Report?
Objectives
Understanding The Victim
Review Mandatory Arrest
Standards
Determining The Primary
Aggressor
Physical, Sexual And Emotional
Violence
Connecting With Children
Building Your Case
This Presentation Does Not
Constitute Legal Advice.
You’re Encouraged To
Consult Your Local
Prosecutor If You Have
Questions That Require A
Legal Opinion.
The First Step In
Solving A
Problem Is…
Understanding It
Law enforcement
officers are key to:
prioritizing
communicating
and reinforcing
the commitment to end
domestic violence.
Share Your Vision,
Communicate
Your Expectations,
and Lead By
Example
Develop A
Community
Agenda To
Prevent Domestic
Violence
Homicides
Encourage your
community to recognize
sexual, physical, and
emotional violence as a
community problem,
not exclusively a police
problem.
Frustrations
and
Challenges
Quick Fixes
and
Magical
Solutions
Do What
You Do
Best
Best Practices
 Positive
Relationships
 Clear Communication
 Shared Expectations
 Training
Best Practices
 Citizens
- reporting violence
 Advocates - supporting victims
 Police - gathering evidence
 Prosecutors - holding abusers
accountable
 Probation and Parole – holding
abusers accountable
Mandatory Arrest
A law enforcement officer shall
arrest and take a person into
custody if the officer has
reasonable grounds to believe that
the person is committing, or has
committed domestic abuse and
that the person's actions constitute
the commission of a crime; and
any of the following apply:
§968.075(2), Wis. Stats.
 Intentionally
inflicted physical
pain, injury or illness
 Intentionally impaired the
victim’s physical condition
st
nd
rd
 Constitute 1 , 2 , or 3
degree sexual assault
 Caused the victim to fear they
are about to be physically
harmed or assaulted
Does the Officer…
 Reasonably
believe there is
a likelihood of continued
abuse (Bodily harm, sexual
assault, impairment or
threat of harm assault)
against the victim
 Have evidence of physical
injury to the victim
Consent
An
officer's decision as to
whether or not to arrest
may not be based upon the
consent of the victim to any
subsequent prosecution or
on the relationship of the
parties. §968.075(3)(c),
Wis. Stats.
Visible Injury
 An
officer's decision not
to arrest may not be based
solely upon the absence of
visible indications of
injury or impairment.
§968.075(3)(d), Wis. Stats.
Determining
The
Predominant
Aggressor
Predominant Aggressor
 When
an officer has reasonable grounds
to believe that adult spouses, former
spouses, or other adult persons that
reside or have resided together or have a
child in common, are committing or
have committed domestic abuse against
each other, the officer does not have to
arrest both persons, but should arrest
the person whom the officer believes to
be the Predominant Aggressor.
§968.075(2)(am), Wis. Stats.
Self-Defense
A person is privileged to
threaten or intentionally
use force against another
for the purpose of
preventing or terminating
what the person believes to
be an unlawful interference
with his or her person.
ELEMENTS OF
SELF-DEFENSE
 Person using force had a
reasonable belief that s/he was
at risk of bodily harm.
 Risk of harm was actual or
imminent.
 The force used was that force
reasonably necessary to prevent
or stop the infliction of bodily
harm.
Use of Force
Continuum
Defensive Actions
Dual Arrest
The custodial arrest
and confinement of
two or more people
for committing
domestic abuse
crimes
Offenders often
use cross
complaints to
punish victims
Consequences of
Inappropriate Dual Arrests
Lessens
ability to prosecute
Victims are further victimized
Decreases chances victim will
seek further help
Increases liability
Abusers gain power and
control
Dual Arrests should be
limited to those incidents
when an officer determines
that both parties were
mutual combatants, equally
involved in the commission
of a crime against another
person, and neither person
was acting in self-defense.
The Predominant
Aggressor is not
necessarily the first
person who strikes
another person
The Predominant
Aggressor refers to the
person who the
investigating officer
determines has engaged in
criminal behavior and was
not acting in a manner
consistent with
self-defense
Determining the Predominant
Aggressor, Consider:
The intent of the law to protect
victims of domestic violence
The relative degree of injury or
fear inflicted on the persons
involved
Any history of domestic abuse
between the persons, if that
history can be reasonably
ascertained by the officer
Officers Should Also Consider
Level of violence
 Injuries sustained from actions consistent
with self-defense include bite marks on
the chest, biceps or forearms and
scratches on the face, chest, or neck
 An individual’s ability to defend
themselves
 Past or present signs of fear
 Use of Power and Control Tactics
 Criminal history of involved parties
 Past or present Restraining Orders

Frustrations
With The
Victim
What Is The Most
Significant Challenge?
Victims…too afraid
to testify because the
suspect has
threatened to kill
them and/or their
children.
POWER AND CONTROL
POWER AND CONTROL
POWER AND CONTROL
Stalking
Strangulation Intentional
Act Over
A Sustained Period
Of Time…
Seek To
Understand
Before You
Wish To Be
Understood
BARRIERS TO LEAVING
 Relentless
behavior of
batterer
 Fear of what the
batterer might do
 Fear for children
 Financial dependence
 Isolation/lack of support
Help victims help
themselves…
What you tell
them will make a
difference
A Victim’s Consent
and Cooperation
Are The Gateway
To A Thorough
Investigation
Gathering Evidence
“5 Things To Tell A Victim”
 I’m afraid for your safety
 I’m afraid for the safety of your
children
 It will only get worse
 I’m here for you.
 You don’t deserve to be
abused.”
(Sarah Buel)
Preserving The Evidence
 Safety Plans
 Shelters
 Protection Orders
 Bail Conditions
 Seizing Firearms and
Ammunition
 Compassion
Evaluating
Injuries
Defensive Injuries
Injuries
sustained when a
person is trying to defend
herself or himself
Wounds can be either on the
victim or the offender
Victim admits violence
Suspect blames victim
Defensive Actions
Defensive Injuries
Scratches on the face
Bites to the hands/chest
Injuries to the back, buttocks,
or back of legs
Scratches to forearm
Kicking injuries
Other?
Female victim
defended herself from
being hit/strangled by
scratching the suspect
Offensive Injuries
Injuries sustained when attacked
Wounds can be on victim or
offender
Examples: broken nose, stab
wounds, black eye, and gun shot
wound
Example of offensive wound on
offender includes gashed
knuckles
Other?
“THE GOLDEN HOUR”
Investigating
Violence, Threats,
and Fears
Prosecutor’s Expectations
Are You Asking
The Right
Questions To
Gather The
Right Evidence?
Law Enforcement’s
Expectations?
Arrest and Confinement
OR
Arrest and Conviction
Arrest And Confinement
Gather Enough
Evidence to
Establish
Probable Cause
(Minimal Expectations)
Arrest And Conviction
Gather Enough
Evidence to Prove
Beyond a
Reasonable
Doubt
Documenting The Violence
Collecting The
Evidence Necessary
To Convince The
Jury
Investigative
Guides
Documenting Terror
Collecting The
Evidence Necessary
To Convince The
Jury
Four
Questions
Law Enforcement
What Questions
Do Your
Dispatchers
Ask?
Law Enforcement
What Does Your
Prosecutor Need
To Charge and
Convict?
Law Enforcement
What Does
Probation and
Parole Need to
Confine and
Revoke?
Law Enforcement
How Can
Advocates Help
You Help The
Victim Survive?
Why Should
You Care?
Because it may
save your life or
the life of a
fellow officer
Firearm
Seizures =
Homicide
Prevention
The information
available in a 911
call may save
your life and
make your case
Dispatchers Are…
 The first one on scene.
 Able to gather facts and
disseminate critical
information.
 Recording the 911 call that
may be critical to the outcome
of the incident and the
disposition of the case.
 Able to set the tone for the
caller and the responding
officers
Nature Of The Call
 What is happening or just
happened?
 Is medical attention needed?
 What are the names of involved?
 Who is injured and how were they
injured?
 What is the current level of
danger?
 Was a weapon used or did anyone
threaten to use a weapon?
 Are there children present?
“If
it isn’t in
your report,
it didn’t
happen”
Gather Digital
Evidence
 Squad Video and Audio
 Personal Video/Audio
Recorders
 Social Media (Phones,
Facebook, And Texting)
Digital Stalking
GPS Tracking
Calls From
The Jail
Evidence Collection
 911 Call = threats, admissions, weapons,
and background noise
 History of Violence
 Observations (Before and After Entry)
 Victim Statement
 Suspect Statement
 Witnesses (Neighbors and children)
 Photos
 Predominant Aggressor
 Risk Assessment
Evidence Collection
 Medical Records
 Protection Orders
 Stalking Assessment
GPS
Cyber Stalking
Spyware
Texting
Emailing
Facebook
Twitter
(Continued)
Documenting the
Crime Scene
Actual location and adjacent areas:
Overturned furniture
Broken items
Damage to walls, doors, windows
Signs of forced entry
Damage to telephones
Bloodstains
Documenting
Damaged Clothing
On
the victim or offender
Ripped or torn
Bloodstained
Punctured
Types of Wounds
On
the victim and offender
Typical assault wounds
Defensive wounds
Offensive wounds
Multiple wounds over time
Documenting Weapons
Firearms, knives, household
objects, anything used to
threaten or harm the victim:
Fired
Pointed
Thrown
Stabbed
Struck
Interviewing The Victim
 Interview victim in separate room
 Consider body language, tone of
voice, eye contact
 Ask open-ended questions
 Be nonjudgmental
 Respect cultural differences
 Ask about threats, history of
violence, strangulation and
stalking
Interviewing the Victim
 Begin
the interview with “you”
statements and questions. “How are
you feeling?” “I’m sorry this happened
to you.” “May I call you by your first
name?” “Where would you like to do
this interview?”
 Asking non-invasive questions at first
and showing concern for the victim’s
well-being may help the victim to relax
and may aid in enabling the
investigator to build rapport with the
victim.
Interviewing the Victim
 While
the investigation is routine
for the officer, it can be
traumatic, degrading, and life
changing event for the victim.
 The officer sets the tone for the
investigation:
 The victim will assess body
language, demeanor and verbal
language.
Interviewing the Victim
Interview
the victim in a room
that is separate from where
the suspect is interviewed.
Victims may not speak freely
if the abuser is present.
The abuser’s presence can
intimidate and silence the
victim.
Interviewing the Victim

Be honest. If the victim
provides information that
will have to be revealed in
court (i.e., child abuse,
assaults), tell her in advance.

Listen to the victim’s story
before asking questions.
Interviewing the Victim
 Let the victim know that
you are concerned for her
safety. Your tone of voice,
eye contact and the words
you use will convey this
message.
Interviewing the Victim
 Be nonjudgmental when
questioning victims.
 Ask specific questions about the
crime scene and the abuser. Be
careful not to blame, accuse or be
disbelieving.
 Acknowledge the victim’s fear,
anxiety, anger or ambivalence about
what has occurred. Validate her
feelings.
Interviewing the Victim

Ask open-ended question like,
“And then what happened?”
or “Tell me more about that.”
 Listen carefully and take
accurate notes for inclusion in
the report.
 If something is unclear, ask
specific questions to clarify
details.
Interviewing the Victim
 Keep
the victim informed with “we”
statements. “We need to review
some information together.” “We
need to broadcast some information
to try to find the suspect.”
 Use of the word “we” provides the
victim with the sense that this is a
team effort, that she has a vital role
to play and that she has some sense
of control.
Interviewing the Victim


Tell the victim what you need
with “I” statements. “I need
you to remember as much of
the details as possible.”
This will reassure the victim
that her complaint is being
taken seriously and will be
handled professionally.
Interviewing the Victim

Encourage the victim to ask
for an explanation if a question
is unclear or if a term is used
that is not understood.

Watch the victim’s body
language and other non-verbal
responses.
Interviewing the Victim
 When
the victim is finished,
ask if there is anything else
she wants to add.
 Don’t ask questions not
directly related to the
investigation (other than in
the rapport building stage).
Connect
With The
Children
Impact on
Children
IMPACT ON CHILDREN
 Children are often present
when battering occurs.
 Children can be
traumatized by witnessing
the attacks or
 Children can get in the
way of the attack and
receive injuries.
IMPACT ON CHILDREN cont.
 High co-occurrence of
domestic violence and
child abuse (Abused by
the batterer).
 Batterers use children as a
way to maintain control
over their victims.
CHILDREN LIVING WITH
DOMESTIC VIOLENCE
May
not exhibit outward cues
of the violence they have
witnessed.
May never discuss the
violence nor act-out behaviors
that would alert others to the
violence.
INTERVIEWING CHILDREN
Get on the child’s level!
INTERVIEWING CHILDREN
• Location
• Determine the child’s education
level
• Do not ask leading questions
• Body language (officer and
child)
• Use child’s language
• Time, distance, height, weight
• Never bribe, threaten or coerce
INTERVIEWING CHILDREN
• Be aware of child’s fear or signs
of abuse
• Be aware of child’s inclination
to feel guilty and reassure they
are not responsible
• Do not use children to interpret
• Do not make promises
• Closure
Remember Why
Your Community
Needs You?
Quick Fixes
and
Magical
Solutions
Do What
You Do
Best
Thank You
Questions