Domestic Violence Fox 2015-2016 - The Spector Criminal Justice

10/21/2015
Domestic Violence Update
Fall 2015 to Spring 2018
Instructor:
Attorney Alaric J. Fox
Spector Criminal Justice Training Network
 Who’s
This Guy?
 What Is On Our Agenda Today?
 What Is Expected Of You?
First, A Stroll Down
Memory Lane…
June 10, 1983;
Stabbed 13 Times;
Head Stomped On;
Neck Broken;
Left in a Driveway.
1984 Civil Rights Lawsuit
Alleged a 14th A. Equal
Protection Violation
Award of $2.3 Million
Dollars
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And the Extraordinary Attention Continues
• 219 intimate partner homicides in
Connecticut between 2000 and 2014.
(All of our victims were female.)
• Stalking often precedes the final, fatal,
domestic violence act.
• Victims are at highest risk for fatality
when attempting to end a violent
relationship.
Why the Extraordinary Attention?
• 1,500 DV fatalities annually in the United States.
• Only 4% of domestic violence murder victims
(nationwide) had ever availed themselves of
domestic violence program services.
• But in 50% of the domestic violence related
homicides, officers had previously responded to a
call at the scene.
• Children often witness much of the family abuse
and often are present for the final violent act.
The Scope of the Issue in Connecticut
• Connecticut
law
enforcement
makes
approximately 28,000 domestic violence arrests
annually (inclusive of assaults, breach/disorderly
offenses, violation of court orders, stalking,
kidnapping, sexual assaults, homicides, etc.).
• This is approximately one-third of Connecticut’s
criminal court docket.
• Victims and their family, friends, and co-workers
frequently report that they did not know where to
turn for help.
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But I’m
Not a
Social
Worker!
When Do You Think We
Should Intercede?
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When Do You Think We
Should Intercede?
When Do You Think We
Should Intercede?
When Do You Think We
Should Intercede?
An actual voicemail
message, obtained
in a Connecticut
police investigation.
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Causes?
Solutions?
Public Education?
Victim Follow Through?
Job Training?
Day Care?
Health Care?
Drug & Alcohol Abuse?
Teen Pregnancy?
Poor Personal Choices?
Housing?
Faith Based Considerations?
STATUTORY
REQUIREMENTS
Family Violence Defined:
 C.G.S.
46b-38a:
 Defines “Family Violence” as an incident
resulting in physical harm, bodily injury,
or assault, or an act of threatened
violence that constitutes fear of
imminent physical harm between family
or household members (and now
includes “stalking” or “a pattern of
threatening behavior.”)
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53a-18
Exception:
“Reasonable
acts by parents
or guardians
disciplining
minors, unless it
rises to the level
of abuse.”
 Defines “Family or Household Members”






Spouses and former spouses;
Parents and their children;
People [eighteen years of age and older]
related by blood or marriage;
People [sixteen years of age and older] that
reside together or have ever resided
together;
People with a child in common;
People who are in, or have recently been in, a
“dating relationship”.
Public Act 11-157, Section 21,
amended the definition of “family
violence crime” so that it excludes a
“delinquent act” as defined in CGS
§46b-120. This means that when a
child (an unemancipated person under
the age of 18) commits a crime of
violence involving a family or household
member, they would not be deemed to
have committed a “family violence
crime.” Since it is the commission of a
“family violence crime” that triggers the
domestic violence arrest mandates, the
mandates associated with family
violence crimes would not apply to
juveniles.
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Therefore, In “Juvenile Offender”
Family Violence Crimes:
Police are not mandated to make an arrest
when the juvenile is the offender;
 Police may make an arrest in their discretion;
 If an arrest of a juvenile is made, the police
cannot set conditions of release for juveniles;
 If an arrest of a juvenile is made, police are not
required to schedule a next day court
appearance;
 Police remain mandated to make an arrest
when the juvenile is the victim.

Dating Relationship? Odum v.
Odum, Superior Court (2002)

The Court Found That:
 The legislature was aware that the term
“dating relationship” had some ambiguity
that courts would have to resolve on a caseby-case, contextual basis.
 OPM Undersecretary Michael Lawlor (then a
State Representative), asked “Is it one date
or is it coffee and you carpool with someone
for three weeks? A dating relationship, it’s
going to have to be one of those, you know
it when you see it-type situations.”
By Analogy, This Was The Legislative Intent When
Extending the Restraining Order Statute to
Encompass Dating Relationships:
1. Some type of personal relationship that goes
beyond the run of the mill acquaintance-type
situation;
2. A relationship which is more than a casual
friend;
3. A relationship that has an aspect of intimacy,
or repeated physical contact, or personal
familiarity in ways that differ from mere
friendship;
4. A relationship of a family/quasi-family nature.
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Police Response Under
C.G.S. 46b-38b
It is the responsibility of the peace officer at the
scene of a family violence incident to provide
immediate assistance to the victim. Such
assistance shall include, but not be limited to:
1.
2.
3.
Assist the victim to obtain medical treatment if such
treatment is required;
Notify the victim of the right to file an affidavit for a
warrant for arrest;
Inform the victim of services available, including
providing the victim with contact information for a
regional family violence organization that employs,
or provides referrals to, counselors who are trained
in providing trauma-informed care (acute v. trauma);
Police Response Under
C.G.S. 46b-38b
4.
5.
6.
Refer the victim to the Office of Victim Services;
Provide assistance in accordance with the uniform
protocols for treating victims of family violence
whose immigration status is questionable,
established pursuant to subsection (g) of this section
(P.A. 09-07: “T” Visas & “U” Visas);
In cases where an officer has determined that no
cause exists for an arrest, assistance shall include:
 Assistance
as provided in subdivisions (1) to (5), inclusive,
of this subsection; and
 Remaining at the scene for a reasonable time until, in the
reasonable judgment of the officer, the likelihood of further
imminent violence has been eliminated (short term safety?)
How Long Is All of
This Going to Take?
Answer: As Long As It Takes!
 Analogy: How long does it take, start to
finish to complete a DUI case?
A
narcotics case? (Would you submit those
reports without an A-44? Without a field
test result?)
 Alternative:
Or would we prefer to
respond to the same address over and
over again?

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The
Uncooperative
Victim?

Please note that the decision to arrest
and charge shall not be dependent on:
* the specific consent of the victim;
* the relationship of the parties;
* or be based solely on a request by the
victim. (See Conn. Gen. Stat. 46b-38b (a))
This matter is regulated
by state statute!
Uncooperative
Victim?
 Recently
Offered by a State
Police Employee, During His
Disciplinary Hearing Relative to
“Kicking” a Domestic Violence
Case:
“ I could start to care again … if
only I could find new victims.”
Issues of Victim
Recantation





We recognize that victims may recant their initial
account of a domestic violence scene later on at court,
or maybe, even shortly after their initial report.
We also recognize the incredible frustration this causes
among law enforcement personnel.
Endeavor to document the victim’s initial account of
events: Field Interviews, Written Statements, Video
Recordings, Medical Documentation, etc.
Ultimately, remember that the end of an unhealthy
relationship may be incremental in nature … and this
may be one increment.
In some cases, it may also be possible for the
prosecutor to present an expert witness/advocate’s
testimony to explain victim recantation to a jury.
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 Does
your department policy meet the
minimum standard set by the state
under this “model policy?”
 This is an effort to ensure that our
procedures and guidelines follow “best
practices” on a statewide basis.
“LAW ENFORCEMENT
LIAISON” RESPONSIBILITIES
 Your Agency
 Oversee and
Has One!
enhance your agency’s response
to crimes of Family Violence;
 Are cases being done properly?
Ensure full, fair & impartial investigations;
Ensure cases are well documented;
Review dual arrest cases (self-defense considerations);
Is agency training up to date?
 Are we properly submitting the Family Violence Offense
Report?
 Are our personnel adequately familiar with state laws
on domestic violence?




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Family Violence
Offense Report
Newly designed DPS-230-C (Rev. 07/03/13)
 Now Available On:

 NEXGEN
 Electronically
 Hard

Copy with Triplicate Carbonized Copies
Discussed, reviewed, and distributed during the
July 2013 “TRAIN THE TRAINER” course.
Understand
the proper
dissemination
of the form
Ensure that you are working
with the most up to date form
Instructions for filling
out and distribution
located on the reverse
side (page 2) of the
form
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PARTNERS &
COLLABORATORS
Social Services

Connecticut Coalition Against Domestic
Violence: (CCADV), 912 Silas Deane Highway,
Wethersfield, Connecticut 06109 Phone: 860282-7899 or 800-281-1481 (In-state only)
 Provides, on-line, “A Guide to Connecticut’s
Family Violence Laws” which summarizes
criminal and civil aspects of domestic
violence for victims.
 Provides listings of Connecticut services for
the victims of domestic violence.
Social Services
 CCADV
is comprised of eighteen (18) programs
throughout the state that serve domestic
violence victims.
 Their services are confidential and available to
all individuals regardless of age, race, religion,
sexual preference, class, sexual preference, or
economic status.
 They
offer
safety
planning,
advocacy,
information, referrals, counseling, support
groups, and emergency shelter.
 You can be immediately contacted with a
shelter in your area by calling (888) 774- 2900.
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Social Services
COURT ORDER
CONSIDERATIONS
Orders of Protection
 “Condition
of Release Order”
 “Ex-Parte” Restraining Order”
 “Restraining Order” (After Hearing)
 “Protective Order”
 “Standing Criminal Protective Order”
 “Foreign Order of Protection”
Arrests: Where probable cause
exists, violations of such orders
are mandatory arrest situations.
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▫
▫
Recognition of Out of State Orders
A “foreign order of protection” means any
protection order, as defined in 18 USC 2266, a
restraining or protective order issued by a court
of another state, the District of Columbia, a
commonwealth, territory or possession of the
United States or an Indian tribe.
Protected parties may “register” an out-of-state
protective order in Connecticut. (See Conn.
Gen. Stat. § 46b-15a (2008)).
A
valid foreign order of protection shall be accorded
full faith and credit by a court of this state and may
be enforced as if it were the order of a court in this
state. A foreign order of protection shall be
presumed valid if such order appears authentic on
its face. The fact that a foreign order of protection
has not been entered into the automated registry
of protective orders shall not be grounds for
refusing to enforce such order in this state.
A
law enforcement officer shall enforce a foreign
order of protection and shall arrest any person
suspected of violating such order and charge such
person with a violation of section 53a-223b,
“Criminal Violation of a Restraining Order”.
Are You Taking Court
Order Violations Seriously?
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FIREARMS SEIZURE
CONSIDERATIONS
At-Scene Weapons Seizure Considerations
1.
2.
3.
4.
5.
Use or threatened use in a family violence crime;
If the weapon is in plain view or in the possession of
an offender who is a suspect or arrested for a
family violence crime [CGS §46b-38b(a)];
Illegal possession;
Evidence of any crime;
Consent of a party (including a victim or offender) to
remove a weapon for safekeeping, if the weapon is
accessible to both parties.
Post-Incident
Firearms Seizure
Considerations
} Domestic violence suspects typically
become ineligible to possess, acquire, or
carry firearms (or ammunition as of
10/1/13) as the result of ensuing court
orders.
} After notice that an active order of
protection exists, law enforcement is
charged to verify that the defendant has
dispossessed themselves of their firearms.
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Judicial
Support
VICTIM SAFETY
PLANNING
Short-Term Victim Safety Planning
1. Address transportation and housing
needs of the victim through referrals to
appropriate community services.
2. Refer the victim to appropriate
court/victim advocacy personnel to obtain
assistance with the both the criminal and
civil judicial process.
3. Notify the victim of applicable rights.
4. Review personal safety steps with the
victim.
5. Provide a victim’s rights card (and
document its provision).
6. Make no promises of personal protection
or notice of suspect release.
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Long-Term Victim Safety Planning
1. Threats of homicide/suicide.
2. History of violent criminal conduct.
3. Living arrangements of the parties.
4. Depression/alcohol or drug abuse/other
mental illness.
5. Obsessive attachment to the victim.
6. Possession of or access to weapons.
7. Abuse of pets or children.
8. Destruction of the victim’s property.
9. Employment/financial stability of the victim.
10. Suspect access to the victim, victim’s family,
and other supporters.
• The Lethality Assessment Program
was brought to Connecticut by
Ansonia Chief Kevin Hale in 3/2011.
• The program was first piloted in
Maryland, operating on a twopronged intervention process that
made use of a specialized lethality
assessment instrument and an
accompanying notification protocol.
• During the first year, Ansonia P.D.
conducted 78 screens, 52% of
which were considered high danger
Of the high danger calls, 85% of
those victims immediately spoke
with an advocate and 62% later
followed up w/ additional services.
• In September 2012 CCADV and
seven partner agencies began
participating in the LAP.
• Thirty-three (33) Connecticut
agencies, covering 80 towns and
cities, are now participating.
SELF DEFENSE & DUAL
ARREST CONSIDERATIONS
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Sec. 53a-22. Use of Physical
Force in Making an Arrest or
Preventing an Escape. Except
as provided in subsection (a) of
this section, a peace officer……..is
justified in using physical force
upon another person when and to
the extent that he or she
reasonably believes such to be
necessary to: (1) Effect an arrest
or prevent the escape from
custody of a person whom he or
she reasonably believes to have
committed an offense, unless he or
she knows that the arrest or
custody is unauthorized; or (2)
defend himself or herself or a third
person from the use or imminent
use of physical force while
effecting or attempting to effect an
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arrest
or while preventing or
attempting to prevent an escape.
Sec. 53a-19. Use of Physical Force
in Defense of Person. (a) Except as
provided in subsections (b) and (c) of
this section, a person is justified in
using reasonable physical force upon
another person to defend himself or a
third person from what he reasonably
believes to be the use or imminent
use of physical force, and he may use
such degree of force which he
**reasonably believes to be necessary
for such purpose; except that deadly
physical force may not be used unless
the actor reasonably believes that
such other person is (1) using or
about to use deadly physical force, or
(2) inflicting or about to inflict great
bodily harm.
**what the victim reasonably
perceives at the time of the incident
based on the facts and circumstances.
(not the officer’s later perception).
Summary of
Connecticut
State Law on
Self Defense
The actor actually believed that someone else was using
or about to use physical force against him or a third
person;
 Such belief was reasonable because a reasonable person
in the actor’s circumstances would have shared that
belief;
 The actor actually believed that the degree of force
(he/she) used was necessary to repel the attack;
 Such belief was reasonable because a reasonable person
in the defendant's circumstances, viewing those
circumstances from the defendant's perspective, would
have shared that belief.

So Am I Speaking to
the Abuser or the
Victim?
Victims Tend To:
1. Recite chronology of events in great detail;
2. Are ashamed of being a victim;
3. Blame themselves;
4. Appear fearful of their partner;
5. Life has “narrowed” during the relationship;
6. Has often tried unsuccessfully to “repair” the
relationship.
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So Am I Speaking to
the Abuser or the
Victim?
Abusers Tend To:
1. Omit/be nonspecific as to details of the event;
2. Be overly assertive in claim to be the victim;
3. Blame their partner and minimize their role;
4. Exaggerate their own injuries and minimize
partner’s injuries;
5. Have been in other relationships with abuse
and claims to not understand why they ended.
How Do I Document
the Predominant
Aggressor?
Have you ever written a “Use of Force”
(“Response to Aggression”) report before?
 How did you characterize and describe your
need to use force against an accused?
 You have the tools in your toolbox already!
 As heard around the water cooler: “You figure

out who the bully is in the relationship and I’ll
tell you who the predominant aggressor
probably is!”
ISSUES OF “OFFICER
MANIPULATION”
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“Officer Manipulation”
Some recent IACP information suggests that
some offenders, who are very good at
manipulating their victims, may attempt
(consciously or unconsciously) to manipulate
us.
 They may avoid answering your questions,
change the subject, endeavor to minimize the
events in your eyes, or try to strike a “gender
bond.”
 Said another way, if you’ve been talking to the
offender for five minutes, and you haven’t
written anything down yet, you’re not
controlling the offender, they’re controlling you!

STALKING
Stalking
Stalking was never
a source of
significant concern,
from either the
public or the
criminal justice
system, until the
murder of Rebecca
Schaeffer in 1989.
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“Traditional” Stalking Behaviors
unwanted phone calls and messages
66%
spreading rumors
36%
following or spying
34%
unwanted letters and email
31%
showing up at places
31%
waiting for victim
29%
leaving unwanted presents
12%
0%
20%
40%
60%
80%
‐ Stalking Victimization in the United States, BJS (2009)
“Modern” Stalking Behaviors
Phones: Calls, Text Messages, E-Mail
 Fax Machines
 Cameras
 Global Positioning Systems (GPS)
 Location Based Services
 Computers
 Spyware
 Social networking sites

Tracking Via Cell Phones
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FINALLY, NEW
PUBLIC ACTS
Public Act 14-234:
An Act Concerning
Domestic Violence


Creates the new crime of “maliciously
disclosing the confidential location of an
emergency shelter operated by a domestic
violence agency” (without written
authorization from the agency).
Authorizes the issuance of a Standing
Criminal Restraining Order if an individual is
convicted of one of the crimes specified in
53a-40 (“Persistent Offenders”) even if the
victim is not a family or household member.
Public Act 14-234:
An Act Concerning
Domestic Violence

Provides that Harassment in the First (1st)
Degree may be deemed to have been
committed either at the place where the
“communication” originated, or the place
where it was received (statute previously
said “telephone call”).
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Public Act 14-217: An Act Concerning the
Implementation of the State Budget

Section 46: Increases the measures an ex
parte restraining order may contain,
when the parties are spouses or people
who live together who have dependent
children in common. The court may:
 Prohibit
the respondent from taking action
that could result in the shutting off of
necessary utility service’s related to the
applicant’s home;
 Prohibit the respondent from transferring,
concealing or disposing of specified property
owned or leased by the applicant;
Public Act 14-217: An Act Concerning the
Implementation of the State Budget
 Prohibit
the respondent from taking action
that could result in the cancellation or
change of health, car, or homeowner’s
insurance coverage, or alteration in
beneficiaries, if to the detriment of the
applicant or any dependent children they
have in common;
 Require the respondent to temporarily
provide the applicant with an automobile,
checkbook, health documents, a car or
homeowner’s insurance documentation, a
document proving identity, keys, or certain
other specified personal effects;
Isn’t This Civil?
Why Do We Care?
53a-222: Violation of Conditions of
Release in the First (1st) Degree
 53a-222a: Violation of Conditions of
Release in the Second (2nd) Degree
 53a-223: Criminal Violation of a
Protective Order
 53a-223a: Criminal Violation of a
Standing Criminal Protective Order
 53a-223b: Criminal Violation of a
Restraining Order

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Public Act 15-175:
An Act Concerning
Electronic Stalking
A person commits this crime when they
willfully and repeatedly use a GPS or similar
electronic monitoring system to remotely
track
another
person’s
position
or
movement, thereby recklessly causing the
individual to reasonably fear for his or her
physical safety.
Public Act 15-211:
An Act Concerning
Domestic Violence


Section 54-86e of the general statutes is repealed
and the following is substituted in lieu thereof (Effective July 1, 2015):
The name and address of the victim of a sexual assault under section 53a70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of
injury, or impairing of morals under section 53-21, or of an attempt
thereof, or family violence, as defined in section 46b-38a and such other
identifying information pertaining to such victim as determined by the court,
shall be confidential and shall be disclosed only upon order of the Superior
Court, except that (1) such information shall be available to the accused in
the same manner and time as such information is available to persons
accused of other criminal offenses, and (2) if a protective order is issued in
a prosecution under any of said sections, the name and address of the
victim, in addition to the information contained in and concerning the
issuance of such order, shall be entered in the registry of protective orders
pursuant to section 51-5c.
Pending
Initiatives and
Future Strategies
1. Service of court orders by other than judicial
marshals (law enforcement?).
2. Expand the “domestic violence dockets” statewide;
3. Discourage “dual arrests” by furthering law
enforcement training as to the use of self-defense
(see CGS 53a-19);
4. Ex-parte orders as a legal trigger for firearms
seizures.
5. Preserve the funding for around-the-clock staffing
of shelters. (Funding Source? You’ll love this …. )
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GOT IT?
Questions? (860) 685-8670 or
[email protected]
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