Duties and procedures implemented by the police in the event of domestic violence

KHK Frank Uwe Beenß District Police Authorities Märkischer Kreis - Victim Protection -

Contents  Development  Legal standards  Deployment of patrol services  Removal from family home  Special risk situations  Tasks of investigation service  Objectives of victim protection

Development Shift in dogma in public discussion  from “what happens behind closed doors is nobody’s business!” to “There’s no privacy for violence!“

Development Police deployment code from family quarrel to domestic violence

Legal Standards § 1 Police Act NRW § 1 Police Act NRW Duties of the Police  (1) The police have the duty to avert any threat to public safety or security (aversion of danger).

Legal Standards  § 34a Police Regulations NRW Eviction from marital home and ban on returning as protection against domestic violence

Legal Standards  § 34a Police Regulations NRW Expulsion from family home and ban on returning as protection against domestic violence (1) The Police may remove a person (…) from a dwelling in which the endangered party lives and from the immediate vicinity, and forbid the former to return to this area.

Deployment of patrol service  Reviewing and recording facts  Identifying / naming suspect(s)  Recording the location of domestic violence (documenting injuries, housing situation, evidence, children, etc.)  Reviewing the eviction of the offender

Deployment of patrol service  Drawing up the criminal complaint  Preparing a risk assessment  Drawing up documentation “deployment for domestic violence” (copy for injured party)  Preparing the written disposition forbidding the suspect to return (to be handed to the offender)

Removal from family home  When declaring the removal from marital home:  Customary duration of ban on returning – 10 Tage – by order of the on-site police officer -  The person (…) is to be given the opportunity to take any urgently needed articles for personal use with him/her  Keys to residence are to be confiscated  Departure from residence / vicinity to be checked  Reference to offers of help; information material to be issued

Removal from family home The area to which the removal from the family home and ban on returning apply is to be specified and described in detail in accordance with the requirement for effective protection of the endangered person. In specific, justified, individual cases the actions (…) may be limited to the dwelling and neighbouring premises.

Removal from family home  This ban on returning can also be issued against juveniles – special review of whereabouts  (Notification of youth authorities)

Removal from family home  Ban on returning is automatically extended by up to max.  a further 10 days  if the eviction is applied for at court in accordance with the laws on protection against violence  The court notifies the police of receipt of this application

Particular threat situations  Pointers to high-risk case (offences committed, previous offences, mental state of offender ….)  Preparation of a risk analysis by the criminal investigation department  Review of further protective actions by police management

Tasks of investigation service  Addressing the person under threat  Reviewing the ban on returning at least once (usually by regional officers)  Questioning of victim  Questioning of person involved  Transfer to public prosecutor’s office

Tasks of police victim protection system  Making very prompt contact with victim  Determining need for counselling  Counselling interview  Naming and/or mediation of appropriate advice centres  Making contact with the offender  Networking

Tasks of police victim protection system  Preparation of interrogations  Accompanying person(s) to interrogations and court hearings  Cooperation with witness protection offices  Information events

Opferschutz Frauenberatungs- stellen Frauenschutz- Wohnungen Jugendämter Arbeiterwohlfahrt MK Trauma- Ambulanz der HPK Märkisches Kinderschutzzentrum Lüdenscheid Weißer Ring Interessenverband der Unfallopfer Sozialdienst Katholischer Frauen SkF LWL Versorgungsamt Notfall- seelsorge Polizei

 Many thanks for your attention!!  Do you have any questions ?