Abuse of Power

THE clearinghouse on police-perpetrated domestic violence

...the police culture often serves to shield officers from accountability

Calling 9-1-1

EXCERPT from When the Batterer Is a Law Enforcement Officer: A Guide for Advocates (The complete Guide (96 pgs) is available in PDF format at no charge through the Battered Women's Justice Project.)

When you dial 911 — or a frightened child, neighbor or passerby does — it sets in motion action by police and perhaps prosecutors, that often goes far beyond your immediate need for protection. Beyond stopping the violence at that particular moment, a call to 911 draws the complexity of the criminal justice system into your life.

Which Department Will Respond?

Part of developing a safety plan is listing places where you routinely go and then identifying which department would respond to a call for help. For example, if you work in town A, your child's day care provider is in town B, your home is in town C, and your parents and friends live in town D, four different jurisdictions are involved in your safety.

Police response can differ depending on whether the responding officers are from the abuser's department or another jurisdiction. It is important for you to know the responding department's policy and expectations. When officers fail to follow stated policy and protocol, you and/or your advocate can follow up with the department and you may have grounds for a complaint.

If an incident occurs where your batterer's department would answer the 911 call, his co-workers will be the responding officers. Their personal relationship with him, his rank, department policies and many other factors will influence how they handle the situation. Responding officers may know him even if they are from another department. Even if they do not know him, once he identifies himself as an officer they usually treat him differently than they do a civilian abuser. They may be reluctant to believe that a co-worker or friend is a batterer. They may be less likely to believe you and be sympathetic, or they may feel conflicted between upholding the law and protecting another officer's job. If you live in a rural community, calling the police may be out of the question because of your isolation and because of the officer's power in the community.

On the Scene

When police respond to a domestic violence call, officers are to use all reasonable means to prevent further abuse. They may also be required to make a written report each time they respond to a domestic. To help ensure appropriate response, you can:

  • Try to get the police report number, the names and badge numbers of responding officers.
  • Insist that the responding officers call a supervisor to the scene. Many departments require this by policy.
  • Provide an accurate account of what happened, including if you have been drinking or used physical force against the abuser in reaction to his behavior or because you felt threatened. If you do not provide a complete account of events at this point, any inconsistencies that emerge later will hurt your credibility or could lead to your arrest.
  • As soon as possible after the incident, write down everything you can remember about the incident, in the event that police reports are incomplete or cannot be located at a later date. Your account should include who was present (including children and other witnesses); what all parties present said and did; any threats, physical attacks, and property damage; the cause and extent of any injuries; and what the police said and did when they were there. Don't forget to include the date and time.
  • If possible, photograph the scene and ask someone to photograph any bruises and other injuries, even if photographs were taken by responding officers and/or by the emergency room or your physician. Photographs of bruises should also be taken 2 to 5 days later because bruises darken with time. The photographer should not be a family member or friend that the defense could portray as biased. The pictures should be processed with a date and time stamp and signed by the photographer. Take photographs of any damaged furniture, holes in walls, damage to your car, or other property damage.
  • Keep notes, photos and other documentation where the abuser has no access. Alternatives include a locked cabinet in an advocate's office, a safe deposit box, or with your attorney.

Notifying Supervisors or Command Staff

Responding officers may or may not notify command staff that there was an incident. Officers may use their discretion on how to handle the call despite department policy. They may extend "professional courtesy" by not filing an official report, by not collecting evidence at the scene, by not making an arrest, or by not notifying their supervisors or the abuser's supervisor of the incident. If the abuser is the highest-ranking officer in the department, an advocate can help determine whether responding officers informed whomever he reports to, such as the mayor. Unlike a chief of police, an elected sheriff does not report to a mayor, city council, or police commission.

Arrest

Whether or not the police make an arrest depends on numerous factors, such as state and local laws; the department's official policy; the severity of the incident; the evidence supporting probable cause; the historical response to officer-involved domestic violence; and the department's culture.

You may be pressured to not pursue charges. There may be a blatant or a subtle threat to your safety if you choose to cooperate with the investigation and the prosecution.

Your abuser may be able to manipulate the responding officers into arresting you by claiming that you assaulted him. Responding officers may not listen to your account of the incident or believe that you were acting in self-defense.

The Police Report

The police report is a key factor in the prosecutor's decision to pursue charges. A well-prepared report clearly identifies all parties present at the time of the incident; provides an account of events from everyone present; details the responding officers' observations of the scene; and summarizes the responding officers' actions. It is important that you read the report to verify that it is accurate. This guards against any discrepancies between the batterer's account of events and yours, plus any tendency the responding officers may have to describe the incident in a way that is favorable to their colleague. If the report is inaccurate, you should request that the department amend the report to include your account of the incident.

Access to the police report will vary across jurisdictions. Some police agencies or prosecutors readily provide a copy of the report to you. Other departments and prosecutors may only provide a copy of the criminal complaint, not the report.

Batterer Retaliation and Manipulation

An abusive officer can be adept at turning the tables and persuading co-workers and the court that he is really the victim. When you fight back or otherwise resist his control you are particularly vulnerable to being arrested or subject to a protective order. Even if the order is vacated or criminal charges dropped, he has demonstrated how easily he manipulate the system in his favor.

Your arrest puts you at increased risk and poses serious problems. You may not be eligible for services at your local domestic violence agency because the program does not provide services to a defendant in a criminal case. You may not be able to afford legal counsel or find an attorney who will accept a case against an officer. You may decide to plea guilty or accept a plea bargain to end the ordeal quickly.

Having a criminal record has serious long-range consequences. If you are charged with a crime, you need to know the ramifications of pleading guilty or negotiating a plea. A criminal record could affect the outcome of a custody case, limit future employment options, make you ineligible for public benefits and public housing, and revoke your right to vote or hold public office. The National Clearinghouse for the Defense of Battered Women (800-903-0111, Ext. 3) has expertise in the issues facing victims of domestic violence who are charged with crimes and/or incarcerated. Advocates, victims and attorneys can obtain technical assistance and advice from NCDBW.