Domestic Violence Flashcards
Domestic Violence
A pattern of coercive behavior, which serves to maintain power and control over family/household members
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.
Why Victims Stay
Situational
Emotional
Personal Beliefs
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.
Verizon Wireless HopeLine
in partnership with Verizon Wireless, has implemented a citywide wireless phone recycling drive that will benefit victims of domestic violence.
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
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.
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)
Domestic Incident Report
The hard copy of the DIR, which should include a statement written in the complainant/victim’s own handwriting,
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.
Spontaneous Utterances
Document what the defendant is saying and how they are acting (e.g., “She asked for it.”).
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.
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
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.
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.