Domestic Violence Checklist, Lecture notes of History

Preliminary Investigation. Interview victim & suspect separately. Ask victim if there is history of abuse. If children at scene, interview them separately.

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2021/2022

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Domestic Violence Checklist
(Primary Investigation Guidelines)
1. Upon Arrival at scene
Determine location and condition of
victim
Determine if suspect is still at scene
Check well being, physical condition of all
parties
Determine what, if any, criminal offense
has occurred
Determine if any weapon was involved
Summon First Aid if injuries require
2. Preliminary Investigation
Interview victim & suspect separately
Ask victim if there is history of abuse
If children at scene, interview them
separately
Distinguish primary aggressor from
victim, if both injured
Note & document emotional & physical
condition of parties involved
Note demeanor of suspect
Note torn clothing by both parties
If victim is a woman, note smeared
makeup
Note signs of injury on victim
Note any excited utterances by any
parties present
Note any evidence of substance/chemical
abuse
Advise victim of domestic violence rights
Assist victim in completing victim
notification form
Advise victim of available resources
Assist victim in obtaining temporary
domestic violence restraining order
3. Court Orders
Determine if victim has restraining order
Was restraining order served on suspect
Determine if suspect in violation of court
order
4. Arrest
If criteria for mandatory arrest present,
arrest suspect
If probable cause not present for arrest by
officer, advise victim of right to sign
criminal complaint
Record spontaneous statement of suspect
Prevent communication between
suspect & victim/witness
Record alibi statement of suspect
Advise suspect of rights
Record all statement
5. Evidence
Record condition of crime scene
Photograph damaged property
Photograph crime scene
Identify weapons//firearms
Photograph and diagram injuries of
victim
suspect
Obtain statements of
victim
children
witnesses
6. Medical Treatment
Transport victim to hospital, if necessary
Obtain copy of EMT report
Obtain medical release from victim,
if appropriate
7. Completing Incident Report
Maintain objectivity in reporting
Avoid personal opinions
Report details, not conclusions
__ Ensure that elements of all involved criminal
offenses are included in report
__ Describe in detail nature of criminal offense
involved
Document any injuries that victim suffered
Document any injuries that suspect suffered
Document past history of violence
Record spontaneous statements as stated
by parties - do not paraphrase
Record reasons why weapons were seized
for safekeeping
This card, prepared by the Division of Criminal
Justice, provides guidelines for officers
responding to domestic violence incidents. This
DV checklist is intended to assist officers by
highlighting common investigative procedures.
Statutory Definitions
Victim of Domestic Violence - N.J.S.A. 2C:25-19
Any person who is
18 years of age or older, or
emancipated minor, and
who has been subjected to domestic violence
by
spouse
former spouse
any other person who is a present or
former household member, or
any one who, regardless of age, has
been subjected to domestic violence by
a person with whom the victim has a
child in common, or
a person with whom the victim
anticipates having a child in common,
because the victim or abuser is
pregnant, or
any one who, regardless of age, has
been subjected to domestic violence by a
person with whom the victim has had a
dating relationship.
Mandatory Arrests - N.J.S.A. 2C:25-21a
Victim shows signs of injury caused by an act
of domestic violence
A warrant is in effect
Defendant has violated no contact order
Defendant used or threatened to use a
weapon
Determining Primary Aggressor
When both parties are injured, officer
should determine which party was the
domestic violence assailant. Officer should
consider
Comparative extend of injuries suffered
History of domestic violence between parties
The nature or type of wounds sustained
Other relevant factors
Officer must keep in mind that a person has
a right to defend self if attacked by another
person
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Domestic Violence Checklist

(Primary Investigation Guidelines)

1. Upon Arrival at scene

Determine location and condition of victim Determine if suspect is still at scene Check well being, physical condition of all parties Determine what, if any, criminal offense has occurred Determine if any weapon was involved Summon First Aid if injuries require

2. Preliminary Investigation

Interview victim & suspect separately Ask victim if there is history of abuse If children at scene, interview them separately Distinguish primary aggressor from victim, if both injured Note & document emotional & physical condition of parties involved Note demeanor of suspect Note torn clothing by both parties If victim is a woman, note smeared makeup Note signs of injury on victim Note any excited utterances by any parties present Note any evidence of substance/chemical abuse Advise victim of domestic violence rights Assist victim in completing victim notification form Advise victim of available resources Assist victim in obtaining temporary domestic violence restraining order

3. Court Orders

Determine if victim has restraining order Was restraining order served on suspect Determine if suspect in violation of court

order

4. Arrest

If criteria for mandatory arrest present, arrest suspect If probable cause not present for arrest by

officer, advise victim of right to sign criminal complaint Record spontaneous statement of suspect Prevent communication between suspect & victim/witness Record alibi statement of suspect Advise suspect of rights Record all statement

5. Evidence

Record condition of crime scene Photograph damaged property Photograph crime scene Identify weapons//firearms Photograph and diagram injuries of victim suspect Obtain statements of victim children witnesses

6. Medical Treatment

Transport victim to hospital, if necessary Obtain copy of EMT report Obtain medical release from victim, if appropriate

7. Completing Incident Report

3 Maintain objectivity in reporting 3 Avoid personal opinions 3 Report details, not conclusions __ Ensure that elements of all involved criminal offenses are included in report __ Describe in detail nature of criminal offense involved Document any injuries that victim suffered Document any injuries that suspect suffered Document past history of violence Record spontaneous statements as stated by parties - do not paraphrase Record reasons why weapons were seized for safekeeping

This card, prepared by the Division of Criminal Justice, provides guidelines for officers responding to domestic violence incidents. This DV checklist is intended to assist officers by highlighting common investigative procedures.

Statutory Definitions

Victim of Domestic Violence - N.J.S.A. 2C:25-

3 Any person who is

  • 18 years of age or older, or
  • emancipated minor, and who has been subjected to domestic violence by
  • spouse
  • former spouse
  • any other person who is a present or former household member, or 3 any one who, regardless of age, has been subjected to domestic violence by
  • a person with whom the victim has a child in common, or
  • a person with whom the victim anticipates having a child in common, because the victim or abuser is pregnant, or 3 any one who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

Mandatory Arrests - N.J.S.A. 2C:25-21a

Victim shows signs of injury caused by an act of domestic violence A warrant is in effect Defendant has violated no contact order Defendant used or threatened to use a weapon

Determining Primary Aggressor

When both parties are injured, officer should determine which party was the domestic violence assailant. Officer should consider

Comparative extend of injuries suffered History of domestic violence between parties The nature or type of wounds sustained Other relevant factors

3 Officer must keep in mind that a person has a right to defend self if attacked by another person

Enforcing Out-of-State Restraining Orders

Federal law requires out-of-state restraining orders be recognized and enforce as if they were issued by a court where the violation occurred.

Responding Officer’s Procedures

1. Emergency Situations

a. If named defendant committed a criminal offense under New Jersey law against victim and violated the court order, officer should

Arrest defendant and Sign criminal complaint against defendant for criminal offense committed and for contempt of court order, N.J.S.A. 2C:29-9a

b. If named defendant committed no criminal offense but violated out-of- state order, officer should

determine if court order is facially valid. Order considered facially valid if order contains names of correct parties, and order has not expired victim stated that named defendant appeared in court or had notice to appear in court when order issued arrest defendant for violation of court order, N.J.S.A. 2C:29-9a

c. If victim does not have copy of out-of- state court order and officer cannot determine existence of order or if court order contains apparent defect which would cause reasonable officer to question its authenticity, officer should

arrest actor if criteria of New Jersey Domestic Violence Act had been met and if a criminal offense had been committed, and/or explain to victim procedure to obtain domestic violence restraining order in New Jersey.

2. Non-Emergency Situations

Where no immediate need for police action, officer should refer victim to appropriate court so victim may seek

relief in accordance with out-

of-state court order.

3. Violations of Federal Law

Officer should determine if defendant violated federal law in committing act of domestic violence.

Interstate Domestic Violence

Did defendant cross state line or enter or leave Indian country to commit domestic violence with intent to injure, harass, or intimidate that person’s spouse or intimate partner, and who, in course of or as a result of such travel, intentionally committed a crime of violence and caused bodily injury to such spouse or intimate partner

Did defendant cause spouse or intimate partner to cross state lines or enter or leave Indian country to commit any of above offenses?

Interstate Violation of Court Order

Did defendant cross state line or enter or leave Indian country with intent to violate domestic violence restraining order

Did defendant cause another to cross state line or to enter or leave Indian country by force, coercion, duress or fraud and in course or as result of such conduct, intentionally commit act that injures person’s spouse or intimate partner in violation of court order

Note: If officer concludes that federal

law was violated, officer must contact

designated assistant county prosecutor in

accordance with departmental procedure

[Revised 5/03]

Domestic

Violence

Check List

for

Law Enforcement

Officers

Prepared by the New Jersey

Division of Criminal Justice