Domestic Violence Flashcards
What is Domestic Violence (4 points)
(1) physical or sexual force,
(2) actual or threatened,
(3) in an intimate relationship,
(4) incl. emotional/psychological abuse or harassing behaviour
Categories of Domestic Violence (3 things)
(1) Physical violence
(2) Sexual assault
(3) Emotional abuse
“Intimate Relationship” means (3 points)
(1) opposite and same-sex partners
(2) Incl. former dating, common-law, and married
(3) may or may not incl a sexual component
When is it a Mandatory Charge? (3 points)
(1) If meets “domestic violence” and “intimate relationship”
(2) RG that a criminal offence has been committed
(3) SHALL lay a charge
Cycle of Violence
(1) Tension builds
(2) Exlosion
(3) Make-up (honeymoon stage)
Starts over again
Relationship Terror
An extreme form of controlling relationship behviour involving threats, intimidation and violence
Legal Authorities for Domestic Violence (3 case law)
R. v Feeney - Hot pursuit/exigent
R. v Godoy - 911 hangup call/warrantless entry for safety
R. v Sanderson - entry/conduct inside home lawful
R. v Feeney says
(1) hot pursuit - where offence, pursuit, entry and arrest form a single continuing transaction
(2) consent-from authorized person
(3) normal police attendance for other reasons
(4) non-dwelling
R. v Godoy (imminent harm case)
- warrantless entry justified protect life and prevent serious injury
- ascertain health/safety of a 911 caller.
R v. Sanderson
- Lawfully justified in entering house to discharge their common law and statutory duties to preserve the peace and protect property
- police arrested boyfriend as he was blocking bedroom to prevent girlfriend from getting in and getting her property. Police arrested male/charged with obstruct/resist arrest
Dominant Aggressor
(1) individual who has been the principal abuser (not necessarily person who initiated violence)
(2) impact of inappropriate dual charging
(3) Determining dominant aggressor (history-power and control-injuries)
(4) dual charge does not mean dual arrest
Separating Parties - Domestic Investigation
(1) Separate parties to determine what happened
(2) Determine well-being of others incl children
(3) Determine if an offence committed
(4) Determine dominant aggressor
(5) Contact CAS if child involved
What are some safety planning considerations?
(1) assure victim they will be updated with any information regarding release
(2) provide safety planning advise to increase their protection
What must be considered when interviewing & obtaining statements of victim, witness or accused?
(1) consider sworn video statements
(2) use of interpreter
(3) document history, not just the current incident
Sworn video statements (SVS) are?
(1) made under oath or affirmation
(2) made voluntarily and with informed consent
(3) ( witness is warned or cautioned prior to statement
(4) statement is videotaped in it’s entirety