To Protect and Serve: Law Enforcement's Response …

1 TEXAS COUNCIL ON family VIOLENCE. Box 161810. Austin, Texas 78716. 512/794-1133. Fax: 512/685-6396. To Protect and Serve: Law Enforcement's Response to family Violence 2003. To Protect and Serve: Law Enforcement's Response to family Violence, 2003 Edition ACKNOWLEDGEMENTS. Compiled by Debbie McDaniel Carter, Public Policy Coordinator, Texas Council on family Violence The Texas Council on family Violence extends our gratitude to the Governor's Office/Criminal Justice Division of Texas, for recognizing the importance of this project and for providing the support needed to make the 2003 Edition of To Protect and Serve: Law Enforcement's Response to family Violence possible.

2 We also want to thank our contributing writers, reviewers, editors, and others for their valuable assistance with this edition and previous editions: State of Arkansas, Office of the Prosecutor Coordinator Georgia Commission on family Violence, Atlanta, GA. The Police Chief's Association of Santa Clara County Robert T. Jarvis, Attorney-at Law, Sherman, TX. Texas Commission on Law enforcement Officer Standards & Education Barbra McLendon., Public Policy Director Nancy Flores, Public Policy Specialist Cover photo Krista DelGallo, Public Policy Specialist Special thanks to the Austin Police Diane Aldridge, Public Policy Assistant Department for their assistance and to : Havilah Tower-Perkins, Communications Specialist Officer Joy Gamble Detective Charles P.

3 Kleinert, III. Diana Meriggi, Communications Coordinator Anne Kleinert The Full Faith and Credit Project of PCADV Ryan and Kelsey Kleinert Texas Department of Public Safety, Uniform Crime Reporting Ryan Turner, Texas Municipal Courts Education Training Center Gail Pendleton, National Immigration Project Peggy Shell Simon, Justice of the Peace, Pct. 3, Burnet County, TX. Tom Gaylor and the Texas Municipal Police Association The International Association of Chiefs of Police Public Policy Department Barbra McLendon, Public Policy Director Debbie M. Carter, Public Policy Coordinator Nancy Flores, Public Policy Specialist Krista Del Gallo, Public Policy Specialist Lori-Ann Lima, Interim Public Policy Specialist Diane Aldridge, Public Policy Assistant This project is supported by grant # WF-01-V30-14108-05 awarded by the Criminal Justice Division of the Office of the Governor.

4 Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the Criminal Justice Division. TO Protect AND SERVE: Law Enforcement's Response to family Violence 2003. EVALUATION FORM. Please take a few minutes to fill out the evaluation and fax back! Your feedback is important! The following identifying information is for TCFV's use only and is completely optional. _____ _____ _____. Name Agency Date A=Excellent B=Good C=Needs Improvement D=Terrible 1. Overall impression of To Protect and Serve: Law Enforcement's Response to family Violence A B C D.

5 2. After reviewing To Protect and Serve: Law Enforcement's Response to family Violence, rate the likelihood of using the information in your public education efforts. A B C D. 3. Likelihood of using some or all of To Protect and Serve: Law Enforcement's Response to family Violence in your work with victims of family violence A B C D. 4. Likelihood of sharing or distributing any or all of To Protect and Serve: Law Enforcement's Response to family Violence in your work with others in the civil and criminal legal system A B C D. Additional comments? This project is funded by a grant from the Governor's Office/Criminal Justice Division and we are required to collect quantifiable data (outcome measures) from recipients.

6 Please complete and fax back to Debbie Carter at 512-685-6396 at your earliest convenience, but no later than September 10, 2003. Texas Council on family Violence, 2003 Evaluation Form TO Protect AND SERVE: Law Enforcement's Response To family Violence Table of Contents Introduction, Objectives, Purpose 1. Responding to the Call 2. Initial Contact with Involved Parties 3. Preliminary Investigation at the Scene 3. Interviewing: The Victim, Suspect, Children, Other Witnesses 5. When The Victim is an Immigrant 7. To Arrest Or Not? 8. Requesting an Additional Hold 9. Protective Orders 10. Full Faith and Credit of Out Of Jurisdiction Protective Orders 12.

7 Civil Standby Assistance 14. Victim Notification 14. family Violence Reports and Records 15. Uniform Crime Reporting 16. Determining the Predominant Aggressor 16. family Violence and Firearms: A Deadly Combination 18. Federal Firearms Laws 18. Texas family Violence Related Firearms Laws 19. Seizure Of Firearms 19. New Law enforcement Related Bills of the 78th Legislative Session (2003) 20. Follow-up Investigation 22. Law enforcement Liability 22. When The Suspect or Victim is a Law enforcement Agency Employee 24. Thank You 24. Texas Council on family Violence, 2003. Attachments: A) Strangulation Assessment in family Violence Cases B) Lethality Assessment in family Violence Cases C) Head Injury Assessment in family Violence Cases D) Notice to Adult Victims of family Violence (English/Spanish).

8 E) family Violence Incident Interview Questions F) Articles on issues affecting battered immigrants, by Gail Pendleton, National Immigration Project, Boston, MA; updated by Krista DelGallo, TCFV. G) Application for Further Detention H) Standardized Protective Order (with attachments A-D). I) Request for a Magistrates Order For Emergency Protection J) Magistrates Order for Emergency Protection (English/Spanish). K) Enforcing Out-Of-Jurisdiction Protective Orders: Tips for Texas Law enforcement L) Crime Victims Rights (English/Spanish). Crime Victims Compensation Application (English/Spanish). Crime Victims Compensation Materials Order Form M) Domestic Violence Offense/Incident Report Form N) DPS family Violence Report Form O) Determining The Predominant Aggressor at a family Violence Call P) Misdemeanor Crimes of Domestic Violence and Federal Firearms Prohibitions Questions and Answers from the ATF.

9 Protection Orders and Federal Firearms Prohibitions Open Letter To All State And Local Law enforcement Officials From The ATF. Attorney VAWA Points of Contact Q) Case Law on Law enforcement Liability R) Quick Reference to Criminal Charges Applicable to family Violence Texas family Violence Laws S) family Violence Call Dispatchers List T) family Violence Statistics in Texas Article: Protecting Battered Women Saves The Lives Of Men U) Dynamics Of family Violence Progressive Effects of Abuse Excuses and Tactics Used by Batterers Some Barriers to Leaving an Abusive Relationship V) Victim's Assistance Five Things to Say To a Victim of family Violence Personal Safety Plan (English/Spanish).

10 W) Model Policy on Police Officer Domestic Violence (IACP). Texas Council on family Violence, 2003. To Protect and Serve: Law Enforcement's Response to family Violence Introduction Purpose When law enforcement officers are asked The primary purpose of To Protect and what type of call they least like to respond Serve: Law Enforcement's Response to to, they almost always say family violence family Violence is to provide sample calls. Reports of family violence are one of procedures, guidelines and tools to be used the most frequent and least predictable calls by law enforcement agencies when to law enforcement . Officers never know responding to family violence calls.