Domestic Abuse Flashcards
Whilst there is no legal definition of domestic abuse, the Home Office definition from 2013 is often used.
It describes domestic abuse as:
“Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to:
- psychological abuse
- physical abuse
- sexual abuse
- financial abuse,
- emotional abuse
Controlling behaviour is:
A range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
Coercive behaviour is:
An act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.
Methods of disposal
Positive action and the RARA model:
Remove the risk (e.g. arrest – risk factors should be considered when releasing a suspect on bail)
Avoid the risk (e.g. move victims to a refuge or other accommodation),
Reduce the risk (e.g. safety planning / joint intervention / informing suspect that further similar actions may amount to harassment, for example),
Accept the risk (e.g. ongoing risk assessments, multi-agency interventions, support).
Domestic abuse victims are entitled to what with regards to communication from the police?
An enhanced level service under the Code of Practice for Victims of Crime.
You must explain reasons for your method of disposal, how to access safety devices (e.g. personal alarm), how to access support, and what support is available, how the incident will be recorded and how the information may be used.
Victims should be kept updated with any developments, e.g. clearly explaining bail conditions, talking through the option of doing a Victim Personal Statement
When attending a domestic incident, gaining entry can be difficult.
If denied entry, when may you have grounds to enter?
Under s17 PACE to use your powers of entry to arrest for an indictable offence or to save life or limb.
What power allows you to gain entry if children are deemed to be in danger?
s46 of the Children Act 1989
(1) Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—
(a) remove the child to suitable accommodation and keep him there; or
(b) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.
Once a decision has been made to take a child into police protection it is important that your decision making is robust.
The following is a list of some things you should consider, but this is by no means exhaustive:
What other options are available?
Has a supervisor been consulted? Has advice been sought from the child abuse investigation unit?
Where is the child going to be best looked after (e.g. care home, relative, hospital)? Have you done all necessary intel checks to confirm it is a safe place?
How long do we need to hold the child?
Who in the local authority needs to be informed (e.g. social care or medical staff)?
What about the practical aspects (e.g. do we have a car seat for a young child, is a police station a safe place, how can you minimise negative impact on the child (adverse childhood experience)?
Attending a Domestic Incident:
Key elements of your immediate role if you attend a domestic incident include:
Ensuring immediate safety, this is a priority for all but especially children and/or victims,
establishing who the victim is – this can be difficult, e.g. someone with an injury could be the aggressor who sustained this whilst the victim was protecting themselves,
Building rapport with a victim - a good first response where a victim feels believed and supported means said victim is more likely to engage with support agencies and engage with the police (in order to maintain rapport, ensure you keep victims informed and explain special measures throughout the process as well),
Assessing immediate risk and conducting a thorough domestic abuse risk assessment (DASH *see below for more information) – it is an officers responsibility to determine risk and this should be continuously reviewed,
Conducting a thorough primary investigation, including investigating discrepancies from initial call handler information,
Considering offences and gathering and preserving evidence (important for successful prosecution),
Recording what is being said, record suspect description if not present, and record personal details for relevant parties and for children, even if not present,
Taking a first account as soon as possible from each party and any witnesses separately,
Safety planning: consider vulnerable adult and/or child safeguarding. Being a witness to domestic abuse is a form of child abuse,
Using body worn cameras and take photos (repeat photos later when injuries may show more), these will assist in interviewing, in decision around bail, and can be attached to an evidence file for the CPS, it could even be the case that this evidence is used for a victimless/unsupported prosecution (now called evidence-led prosecutions). Photographs are crucial not only to prove levels of injury, but they also corroborate the victims’ account,
Body mapping for suspects to identify what injuries they may have, e.g. bruised knuckles from punching a victim,
Notifying victim of support agencies.
Cultural differences: issues victims may face include:
Speaking a different language and not knowing where to turn to for help.
Relying on their partner for financial support.
Being isolated from people outside their immediate family or community (note: isolation is a key indicator and aggravating factor for any domestic abuse victims).
Having an insecure immigration status or one that is dependent on their relationship with the abuser.
Being forced into marriage or be subjected to honour-based violence (HBV).
Being shamed if police attend an incident.
Assessing Risk
What is ‘DASH’?
The Domestic Abuse, Stalking and Harassment (DASH) Risk Identification, Assessment and Management Model is a multi-agency risk assessment tool used by IDVAs and domestic abuse support agencies as well as by all police officers.
It is a key document to fill out when attending a domestic incident, used for those currently suffering from domestic abuse and for historic cases and it may need to be revisited regularly. This tool will allow you to make an initial assessment of the risk level at an incident.
Assessing Risk
What is a Multi-Agency Risk Assessment Conference?
If a victim is at high-risk (e.g. scoring 14+ on a DASH) of harm, a referral should be made to a Multi-Agency Risk Assessment Conference (MARAC) where key agencies, both statutory and voluntary, share information and discuss cases to prevent and manage the risk.
Cases can also be referred to MARAC on professional judgment (e.g. you can escalate risk on professional judgement or due to regularity of incidents, disability, substance misuse, cultural barriers, minimisation of incidents, etc) - including context and detail can thus be extremely useful.
Safety planning
Every individual in an abusive relationship should have a safety plan. Information is power and the best-informed victims are most likely to be the safest. The plans should help a victim identify potential needs and options at various times in order to reduce potential harm.
You will be involved in giving advice which should equip victims with the tools to:
Reduce the risk (e.g. calling the police to log incidents, referring perpetrator to a local charity for help, e.g. RESPECT)
Stay in the relationship but be ready for crisis
Safely plan to leave
Plan what happens after leaving (e.g. refuge)
Safety plan for children and young people
Have resources they need
What is ‘Clare’s Law’?
The Domestic Abuse Disclosure Scheme.
Aims to give the public a formal way of making enquiries about those that they are in a relationship with, or those who are in a relationship with someone and there is a concern that the individual they are in a relationship with may be abusive.
There are two strands to this scheme: ‘right to ask’ (the public apply) and ‘right to know’ (the police tell the public).
The Family Law Act 1996 (FLA) provides the opportunity to counter domestic abuse under civil law through the following orders…
Non-molestation order
Occupation order
Domestic Violence Protection Notice / Order
Prohibited Steps Order (PSO)
