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Published byJoy Tucker Modified over 9 years ago
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Domestic Violence
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How well do you know about what happens in a home? Pull out a paper and number it 1 to 20.
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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
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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.
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B. 13700 (b) PC – 9 Relationships Spouse Cohabitant Dating Relationship Engagement Having a child with Former Spouse Former Cohabitant Former Dating Relationship Former Engagement
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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.
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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.
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II. Penal Codes For Domestic Violence
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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.
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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
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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.
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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.
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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
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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.
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*See Handout for further Documentation Information DV handouts: #1 Other Info to Obtain #2 Photographing the Scene #3 Weapons Seized
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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.
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III. Characteristics of Domestic Violence
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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:
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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.
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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…
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D. The Abuser: What would be the typical profile of an abuser? *Again, there is NO typical profile. *The abuser is usually male.
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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
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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)
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Children may be emotionally as well as physically neglected. Substance abuse is higher risk May ultimately commit homicide of batterer.
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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…
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