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Flashcards in Domestic Violence Deck (24)
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1

Domestic Violence

A pattern of coercive behavior, which serves to maintain power and control over family/household members

2

Cycles of Violence

Phase I: Tension Builds – Abuser becomes increasingly agitated; there may be constant arguing or “silent treatment.”
Phase II: Physical Violence Occurs – Can last a few minutes to days; violence stops when victim leaves, police are called, medical attention is needed.
Phase III: Reconciliation “Honeymoon” state – Abuser may be apologetic, beg for forgiveness, promises it will never happen again.

3

Why Victims Stay

Situational
Emotional
Personal Beliefs

4

The Domestic Violence Hotline

through a contract with a not-for-profit organization. They provide victims with immediate information on crisis counseling, safety planning, legal assistance, healthcare, and referrals to the City's emergency shelter system and to non-residential domestic violence services in the victim's neighborhood.

5

Verizon Wireless HopeLine

in partnership with Verizon Wireless, has implemented a citywide wireless phone recycling drive that will benefit victims of domestic violence.

6

Definition of a Family/Household

- legally married t
- formerly legally married
- related by marriage; affinity (e.g., in-laws, etc.);
- related by blood
- Have a child in common,
- intimate relationship

7

NYPD Expanded Definition of a Family/Household

-Are currently living together in a family-type relationship; or
-Formerly lived together in a family-type relationship.

8

Family Offenses

1. ForcibleTouching
 Class A misdemeanor
2. Sexual Misconduct
 Class A misdemeanor
3. SexualAbuse
 3rd degree – B misdemeanor 2nd degree – A misdemeanor
4. Harassment
 2nd degree - violation
1st degree - misdemeanor
5. Assault
3rd degree - class A misdemeanor
2nd degree - class D felony Attempted assault 3rd degree Attempted assault 2nd degree
6. RecklessEndangerment
 2nd degree - class A misdemeanor
 1st degree - class D felony
7. DisorderlyConduct
 Violation - including acts not committed in a public place
8. Stalking
 4th degree - class B misdemeanor
 3rd degree - class A misdemeanor
 2nd degree - class E felony
 1st degree - class D felony
9. CriminalMischief
 4th degree - class A misdemeanor
 3rd degree - class E felony
 2nd degree - class D felony
 1st degree – class B felony
10. Aggravated Harassment
 2nd degree - class A misdemeanor
11. Menacing
 3rd degree - class B misdemeanor
 2nd degree - class A misdemeanor
12. Criminal Obstruction of Breathing or Blood Circulation
 Class A misdemeanor
13. Strangulation
2nd degree – class D felony
1st degree – class C felony
14. Identity Theft
 3rd degree – class A misdemeanor
 2nd degree – class E felony
 1st degree – class D felony
15. Grand Larceny
 4th degree – class E felony
 3rd degree – class D felony
16. Coercion
 2nd degree – class A misdemeanor o Sub (1)
o Sub (2) o Sub (3)

9

Domestic Incident Report

The hard copy of the DIR, which should include a statement written in the complainant/victim’s own handwriting,

10

The Home Visit Program

Home visits are follow-up visits usually conducted by the domestic violence prevention officer or another designated member of the service.

11

Spontaneous Utterances

Document what the defendant is saying and how they are acting (e.g., “She asked for it.”).

12

Evidence Based Prosecution

Excited Utterances: A spontaneous statement relating to a startling or stressful event.
Spontaneous Utterances: Any voluntary statements made by persons involved in a domestic incident.
Victim’s Written Statements: Officers should always have the victim of a domestic incident write a written statement on the Domestic Incident Report.
Digital Photographs: Digital photographs should be taken at the scene of any domestic incident where there is physical injury, property damage or the need to document other types of evidence.
Post-Miranda Statements: Post arrest; make every attempt to have the arrestee make a written statement.

13

Circumstances Where the Officer Must Arrest

- Felony
- Violation of an Order of Protection
- Misdemeanor: within the officer's discretion to effect the arrest if
- Penal Law Violation in Officer’s Presence: within the officer's discretion to effect the arrest if

14

Concurrent Jurisdiction

- The Family Court and the Criminal Courts have jurisdiction to hear domestic violence related matters.
- When such a family member is arrested on a family offense, although concurrent jurisdiction may exist, the arrested person must be first taken directly to Criminal Court for arraignment.

15

Situations Where Concurrent Jurisdiction Does Not Exist

- If a defendant is charged with a family offense and an additional criminal charge that is not a family offense (e.g., assault 1st degree, rape, etc.), then the case may only be handled in a Criminal Court.
- A police officer will not issue a Desk Appearance Ticket (D.A.T.) or station house bail when complainant or victim and offender are members of the same family/household.

16

Order of Protection

- legal order, signed by a judge, that forbids a person from engaging in certain behavior against the complaining party.

17

complainant

Person Protected by the Order

18

defendant

Respondent

19

What to Charge when an Order of Protection is Violated

whether the violation constitutes an offense or not, crime charged will be either
Criminal Contempt 1st degree – Felony
Aggravated Criminal Contempt – Felony

20

Service of Family Court/Supreme Court Orders of Protection by Uniformed
Members of the Service

- The NYC Sheriff’s Office, during its hours of operation, is the process server for
any and all civil Orders of Protection to be served
- when the NYC Sheriff’s Office in not in operation, the Department will serve and/or attempt to serve any and all civil Orders of Protection

21

Service of Exclusionary Orders of Protection

- An Order of Protection that prohibits contact between the person protected by the order and respondent or excludes the respondent from being present at the stated location

22

Orders of Protection Served on Members of the Service

- When a uniformed member of the service is notified that they are the respondent/defendant on an Order of Protection, the member concerned must immediately notify their commanding officer.
- If the command is not open, the uniformed member of the service will notify Internal Affairs Bureau, Command Center and obtain a log number.

23

Certificate of Warrant

-The Family Court may also issue a warrant directing that the defendant be brought immediately before the court
- A “Certificate of Warrant” expires ninety-days (90) from the date of issuance

24

Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of the Service

When police officers respond to a domestic violence incident involving a uniformed or civilian member of the service, they must request that the patrol supervisor respond to the location.