Domestic Violence Flashcards
Domestic Violence
DEFN - (Purpose)
- Purpose of assault is to INTIMIDATE and CONTROL their partner by INDUCING FEAR through a POWER IMBALANCE
Cycle of Violence (3)
1 - Honeymoon (Manipulation Phase)
2 - Tension Building Phase
3 - Crisis/assaultive Phase
Domestic Violence - DEFN
use of physical or sexual force, actual or threatened, in an INTIMATE relationship, including emotion and psychological abuse or harassing behaviour
Domestic Violence Stats
- 1 in 8 Canadian women
- on average women are assaulted 35 times before they report
- 61% of abusive males grew up in a home where they experienced DV
- most dangerous time for women is 6 weeks after they announce the relationship is over
- 80% of murdered women were stalked
- strong relationship between animal abuse and DV
Intimate Relationship - DEFN
- includes those between the opposite sex and same sex partners
- vary in duration and legal formality, includes current/past/common-law/married
- may or may not include a sexual component
- may be predicated on little or no sexual activity
Dominant Aggressor
- the individual who has been the principal abuser
- how to determine dominant aggressor - History/power/control/injuries
Relationship Terror
an extreme form of controlling relationship behaviour involving threats, intimidation and violence
1 - R v. Feeney
DV - Lawful Authorities (3)
- Hot pursuit, consent, non-dwelling
2 - R v. Godoy
DV - Authorities
- 911 hang up, warrantless entry, safety
3 - R v. Sanderson
DV - Authorities
- Entry and conduct inside the home were both lawful
Domestic Violence Investigator (DVI)
Typically a SGT or Staff SGT, not a constable
Domestic Investigation
4
1 - Establish aggressor
2 - Secure both parties and get stories
3 - Keep in mind self defence (s.34)
4 - If child involved, call CAS
Mandatory Charge
3
1 - on RG
2 - PO is to lay a charge
3 - never charge both parties
Entry Into Dwelling in relation to DV
3
1 - PO may enter dwelling
2 - without warrant
3 - to ensure the safety of persons inside
Children’s Aid Society (CAS)
- Must be contacted if children resided in the dwelling with a history of DV, whether or not they were present
Show Cause/Bail hearing (3)
1 - DV incident involving an arrest
2 - always be a bail hearing
3 - SAFETY and security of the victim
Victim
s. 2(2)
Canadian Bill of Rights
DEFN
- an individual who has suffered physical/emotional harm, property damage or economic loss as the result of commission or alleged commission of an offence
Domestic Involving MHA
- if DV case occurs with an offender who suffers mental illness, it is BEST TO ARREST rather than apprehend under s. 17 MHA
- if apprehension under s. 17 MHA, cycle of violence will likely continue as you can only hold the accused for 72 hours
SVS
Sworn Video Statement = best evidence for DV case
DVRM
- includes 16 areas
- investigation tool/checklist to be considered in a bail hearing that includes: relationship problems, stalking, jealously, substance abuse, mental disorders, etc.
Most significant risk factor for DV is…
During recent or pending separations
