5 Things Every Domestic Violence Report Should Include
by Todd Rodes
When law enforcement officers respond to domestic violence calls for service, they must consider incident specific dynamics that are different from other calls for service they respond to. Due to their dependence on the offender, some victims of domestic violence refuse to participate or cooperate during the evidence gathering phase and subsequent prosecution of the offender. This is why it is important for officers to respond with the mindset that the offender will continue to have control over the victim and that independent evidence has more value than statements alone.
1. JURISDICTION
Establishing jurisdiction is not referring to just the location of the offense but also to the relationship between the offender and the victim. The relationship of the parties determines which court can hear a case of assault and battery or other related charge(s). An assault and battery case between two or more acquaintances, friends, co-workers, strangers, etc. is heard in a different court than those that exist between parties involved in domestic violence cases.
Each state has different requirements for meeting the definition of domestic violence, which includes how the parties are associated or related. For example some states require cohabitation, current or past, and/or consortium, which is shared living arrangements and mutual dependence. In other words, if the parties involved have lived and acted like a family, the abuse is more likely considered domestic violence, which would result in that the case being heard before a domestic relations court.
2. PHOTOGRAPHS/DOCUMENTATION OF INJURIES AND CONDITIONS OF INVOLVED PARTIES
Since domestic violence can involve people who have intimate relationships, also called intimate partner violence, the incidents are often emotionally charged; therefore, it is important to paint an accurate picture for the ones who will be the “trier of fact” (judge and/or jury). True to their manipulative nature, offenders will show up for court presenting a cleaner and calmer version of themselves, which is why it is important for law enforcement officers to document as much of the scene and conditions of the parties as possible. Tear-stained faces and other signs of emotion captured with injuries, significantly impact the opinions of judges and juries. Simply reporting that the scene was messy does not convey as much as descriptive details and photographs that corroborate statements.
3. STATEMENTS
While it is necessary that law enforcement officers take statements from victims and witnesses of domestic violence, suspect statements have more probative value in court. With few exceptions, officers are not able to testify in court as to what victims and witnesses tell them during the call for service (or after) because those statements are considered hearsay. The victims and witnesses will be subpoenaed to testify themselves.
Law enforcement officers can, however, testify to statements made by the suspect. This is why it is important for the officer to establish the jurisdiction, or relationship of the parties, through statements made by the suspect rather than the victim, who may later recant. It is also important to document when those suspect statements were made in relation to custody and whether or not Miranda Warnings were applicable at the time.
4. HISTORY OF VIOLENCE AND/OR ABUSE
It is helpful for officers to review and/or establish prior history of domestic violence calls between the parties. This might mean reviewing calls for service at that location and history of the parties involved before (if practical), during, or after responding to the scene, as well as interviewing the victim, witnesses, and suspect to ascertain if there is a history of unreported domestic violence and/or other abuse, such as emotional or financial abuse. Information from available databases, as well as statements made by the parties should be documented to give the judge and/or jury a full picture of the history and lethality factors.
Additionally, running a criminal history check on the suspect prior to seeking charges ensures the appropriate charges are sought. Many states have enhanced penalties for subsequent violations, which very well may turn a misdemeanor assault and battery into a felony. Documenting previous convictions in the police report can assist the prosecutor assigned to the case.
5. DV-SPECIFIC SERVICES PROVIDED AND/OR RECOMMENDED
Due to the “power and control” dynamic of domestic violence, the window for successfully providing services that a victim will participate in is narrow. A victim is more likely to be receptive to help if offered early and continuously throughout the entire process. Offering DV-specific services should be documented and should specify whether or not the services were accepted or refused. This will assist other criminal justice practitioners who are involved in the process, such as victim advocates and prosecutors, understand how to move forward with a victim whose cooperation may depend upon the services they’ve been offered.
DV-specific services may include helping the victim:
- obtain an order of protection;
- find alternative living arrangements;
- apply for financial assistance, such as emergency utility bill payments or food banks;
- conveying the seriousness of their situation through completing a lethality assessment; and
- making referrals to mental health services, addiction recovery programs, and/or support groups for the victim and/or children.
Finally, law enforcement officers should also complete supplement reports to document any follow up services offered and/or provided after the initial call for service.
As discussed, officers are faced with additional challenges when responding to and documenting domestic violence calls for service, which require unique investigative skills and techniques. Domestic violence offenders manipulate both the system and their victims, and one major way law enforcement officers can help a victim break the cycle of violence is with patience, attention to detail, and documentation of that detail.
Remember, domestic violence impacts not only the victims but also the children who witness the violence, as well as first responders who answer the next call for service. Stay safe!
Suggested Citation for this Article
Rodes T.A., Criminal Justice Know How, LLC, October 2020, 5 Things Every Domestic Violence Police Report Should Include. https://criminaljusticeknowhow.com/5-things-every-domestic-violence-report-should-include/.
