Abuse of Power

THE clearinghouse on police-perpetrated domestic violence

...the impact of culture and policy on female officers

Policy & Liability

Department Policy

Departmental policies related to officer-involved domestic violence are often a double-edged sword. The policy can serve to protect you in some ways and make you more vulnerable in other ways.

Policies may require that an officer who is named as either the respondent or as the petitioner on an Order of Protection notify the department. This applies to orders obtained in civil or criminal court. If department policy requires you to report your own abuse, you may be disciplined for not having reported the abuse when it began.

Some policies require only the respondents to report the existence of a protective order. This may or may not result in any direct intervention. If supervisors see it as a marital dispute or a "he said, she said" situation, they may determine no reassignment, disciplinary action, or safety planning is required.

Policies mandating that any officer report knowledge of a domestic involving another may prohibit you from confiding in any of your fellow officers. They are forced to choose between honoring your confidentiality or violating policy.

Department Liability

The department has to protect itself against the liability that your situation presents. Though individual supervisors may be sympathetic to you, they must put the department first. You may feel betrayed when your supervisors seem more worried about the department's liability and public image than about you. Some departments will put you on administrative or medical leave pending the investigation. Because this is a workplace violence situation, the department, as your employer, is liable for your safety.

You know that once you go to the department there is no turning back. There will be an investigation. Unlike a civilian woman, as an officer you may have no choice but to cooperate with the investigation, even if you have a change of heart. To refuse to cooperate could be grounds for discipline or dismissal.

Ironically, forcing you to divulge certain information can actually help shield the abuser from criminal prosecution. If the investigator elicits information from you about a serious incident, and then orders the abuser to answer questions regarding the incident, his compelled statement is protected under “Garrity” — the Supreme Court ruling in Garrity v. New Jersey 385 U.S. 439 (1967).