Domestic Violence

Question 1

What is Domestic Violence (4 points)

Answer 1

(1) physical or sexual force,
(2) actual or threatened,
(3) in an intimate relationship,
(4) incl. emotional/psychological abuse or harassing behaviour

Question 2

Categories of Domestic Violence (3 things)

Answer 2

(1) Physical violence
(2) Sexual assault
(3) Emotional abuse

Question 3

“Intimate Relationship” means (3 points)

Answer 3

(1) opposite and same-sex partners
(2) Incl. former dating, common-law, and married
(3) may or may not incl a sexual component

Question 4

When is it a Mandatory Charge? (3 points)

Answer 4

(1) If meets “domestic violence” and “intimate relationship”
(2) RG that a criminal offence has been committed
(3) SHALL lay a charge

Question 5

Cycle of Violence

Answer 5

(1) Tension builds
(2) Exlosion
(3) Make-up (honeymoon stage)

Starts over again

Question 6

Relationship Terror

Answer 6

An extreme form of controlling relationship behviour involving threats, intimidation and violence

Question 7

Legal Authorities for Domestic Violence (3 case law)

Answer 7

R. v Feeney - Hot pursuit/exigent
R. v Godoy - 911 hangup call/warrantless entry for safety
R. v Sanderson - entry/conduct inside home lawful

Question 8

R. v Feeney says

Answer 8

(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

Question 9

R. v Godoy (imminent harm case)

Answer 9

• warrantless entry justified protect life and prevent serious injury
• ascertain health/safety of a 911 caller.

Question 10

R v. Sanderson

Answer 10

• 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

Question 11

Dominant Aggressor

Answer 11

(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

Question 12

Separating Parties - Domestic Investigation

Answer 12

(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

Question 13

What are some safety planning considerations?

Answer 13

(1) assure victim they will be updated with any information regarding release
(2) provide safety planning advise to increase their protection

Question 14

What must be considered when interviewing & obtaining statements of victim, witness or accused?

Answer 14

(1) consider sworn video statements
(2) use of interpreter
(3) document history, not just the current incident

Question 15

Sworn video statements (SVS) are?

Answer 15

(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

Question 16

When investigating DV not e the following:

Answer 16

(1) Who has the injuries
(2) what caused the injuries
(3) weapons been used or threatened
(4) defensive injuries
(5) likelihood of future injuries

Question 17

What are some risk factors where child is likely to suffer physical harm?

Answer 17

(1) failure to adequately care for
(2) pattern of neglect
(3) sexually molested, sexually exploited

Question 18

Entry into Dwelling in relation to Domestic Violence

Answer 18

(1) PO may enter
(2) without warrant
(3) to ensure safety of persons inside

Question 19

Purpose of Domestic Violence

Answer 19

(1) Intimidate/Control

(2) by inducing fear