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Form for Evaluating Police Response to Domestic Violence

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Introduction

The form below was put together for use by domestic violence victims and their advocates. It was designed to assist you in evaluating the police response and the police report on your domestic violence call. The form should help you identify problems with the way the police responded so that you can act quickly to get these problems corrected. You can also use this form to provide feedback to your police department and to your community on how well police are responding to domestic violence cases.

Law enforcement agencies, also, can use this form to survey domestic violence victims as a means to do internal quality control of their officers' handling of domestic violence calls.

The police report is usually the most critical document a victim will have in determining whether or not she can escape domestic violence . If the police report is done properly, it can serve as a solid basis for prosecuting the perpetrator and for providing the authority for putting the perpetrator under control. A good police report can also frequently resolve problems the victim may encounter in many other arenas, such as family court, or in problems with landlords, school, employment, immigration, etc.

On the other hand, an inadequate police report - an incomplete or inaccurate report - can seriously undermine a victim's attempt to end the violence. A bad police report makes prosecution of the perpetrator very difficult or impossible. And the report may be used by the perpetrator against the victim. It's always worth the effort for victims and their advocates to evaluate the police response and report as soon as possible, and then seek to get needed corrections.

The evaluation form below doesn't cover all aspects of good police response to domestic violence. It's designed to touch on basic elements of good police response to domestic violence to help you focus your own more thorough evaluation. Be sure and add your own thoughts and comments along the way and in the space provided at the end of the form.

Note: At the very end of the form there is a suggestion for a survey design that can done with your local police department(s).

Form for Evaluating Police Response to Domestic Violence

Please read the following notes before using the form.
Notes:

  • You don't have to answer any question(s) you don't want to answer, and, of course, you don't have to answer questions that don't pertain to your situation.
  • If more than one officer responded to your call, you can choose to answer in regard to just one officer, or you can answer in regard to both, referring to them as officer #1 and officer #2.
  • Feel free to put your comments, explanations, and things you want to remember, in the spaces between the questions or in the space provided at the end of the form.


Date
____________

Crime Report #_______________________

Date and Approximate Time of Call to Police________________

Name of Police Department____________________

Your Name________________________


Part I:
Evaluation of the Police Response to Your Domestic Violence Call

The Interview:
Did you feel the officer showed concern for you and your safety?
Yes____ No____

Did the officer make sure that you could tell your story safely and comfortably (by giving you enough time, privacy, encouragement, or whatever else you needed to tell your story)?
Yes____ No____

If you do not speak English well, did the officer provide you with a professional translator (either a fully bilingual officer or a telephone translator - not a family member or neighbor)?
Yes____ No____

Did the officer ask you about the history of abuse in the relationship?
Yes____ No____

Did the officer ask you whether the abuser had ever been abusive to the children?
Yes____ No____

Abusive to pets?
Yes____ No____

Did the officer ask you specific information about any threats made against you?
Yes____ No____

Did the officer ask you if your partner has ever forced you to have sex when you didn't want to have sex?
Yes____ No ____

 

Weapons:
Did the officer ask you if the abuser ever used weapons against you?
Yes____ No____

Did the officer ask if the abuser has guns or has access to guns?
Yes____ No____

If you told the officer the abuser has guns, did the officer remove the guns?
Yes____ No____
(Different states have different laws about officers' authority to remove firearms - ask about the law in your state.)

 

Your Injuries and Evidence:
Did the officer ask about all your injuries?
Yes____ No____

Did the officer take pictures of all your injuries or arrange to have pictures taken?
Yes____ No________

Did the police make arrangements to take another set of pictures of your injuries later?
Yes____ No____

Did the officer collect, or take pictures of, all physical evidence (such as knives, broken furniture, broken phone lines, message tapes, etc.)? Yes____ No____

 

Witnesses:
Did the officer get a statement from each of the children who are old enough to talk?
Yes____ No____

If you were present, do you feel the officer interviewed your children with sensitivity (away from the perpetrator, with age-appropriate questions, at eye level with the children, and with a caring tone, etc.)
Yes____ No____

Did the officer ask you about the possibility of other witnesses?
Yes____ No____

Did the police interview other possible witnesses or make an attempt to interview those witnesses?
Yes____ No____ Don't Know______

 

Arrest:
If the abuser was present, did the officer arrest the abuser?
Yes____ No______ Don't Know ________

If the abuser left the scene, did the officer ask you for complete information about the possible whereabouts of the abuser?
Yes____ No____

 

Protective Orders:
Did the officer ask you if you have a protective order against the abuser? (A protective order can also be called a restraining order, stay away order, or no contact order.)
Yes____ No____

If you have a protective order, did the officer ask to see the order?
Yes____ No____

If you didn't have a restraining order, did the officer offer you an Emergency Protective Order?
Yes____ No____ Doesn't Apply _____
(In some states officers don't have the power to write protective orders. Ask about the law in your state.)

Did the officer issue you an Emergency Protective Order?
Yes____ No____

 

Information:
Did the officer give you verbal information on the services available to you?
Yes____ No____

Did the officer give you written information on the services available to you?
Yes____ No____

Did the officer give you the crime report number?
Yes____ No____

Did the officer ask you if you had any questions?
Yes____ No____

If you had questions, did the officer answer your questions to your satisfaction?
Yes____ No____

Did the officer adequately explain to you what will happen next and when it will happen?
Yes____ No_____


Part II: EVALUATION OF THE DOMESTIC VIOLENCE POLICE REPORT

Note: California Family Code Section 6228 and similar laws in other states give domestic violence victims the right to obtain a copy of the domestic violence police report. You can request a copy of the report from the police department or from the district attorney's office. Under these laws, the respective law enforcement agency is required to give the victim a complete copy of the police report.
If your state doesn't give you a right to the report or if for any other reason you haven't yet gotten a copy of the police report, go to the comments section at the end of this section.

Did the police write up a domestic violence crime report?
Yes____ No____

Does the police report accurately reflect the story you told to the officer?
Yes____ No____

Does the police report accurately describe the history of abuse?
Yes____ No____

If the abuser has a history with law enforcement, did the police attach a copy of the abuser's criminal justice history to the domestic violence report?
Yes_____ No _____

If you told the officer about abuse to the children or to pets, does the police report accurately describe that abuse?
Yes____ No _____

Does the police report accurately describe incidents of forced sex?
Yes____ No____

Does the police report accurately describe all your injuries?
Yes____ No____

Are all threats against you correctly quoted in the police report?
Yes____ No____

Does the police report accurately record the statements of the children?
Yes____ No____

Does the police report contain the statements of the other witnesses?
Yes____ No____

Does the police report accurately list all the physical evidence available (pictures, weapons, broken furniture, broken telephone lines, message machine recordings, etc.)?
Yes____ No____

Overall, does the police report seem fair to you in the way it was written?
Yes____ No____

Overall, does the police report seem complete in covering the incident?
Yes____ No____

Do you feel that the recommended charges on the report are adequate to cover what happened to you? (See the list of domestic violence-related crimes listed below.)
Yes ____ No _____


Your Comments:
(You can use the space below to list the corrections you feel need to be made in your case and/or to write your comments on what you think the officer did that was helpful to you and what you think the officer can do to improve.)

 

 

 


Other Domestic Violence Related Crimes:

California Penal Code Section 13730, and many other state codes, require that police write a domestic violence report on all domestic violence related incidents. In addition to acts that are covered by the domestic violence section of the penal code, here is a list of other crimes that when committed by an intimate partner are 'domestic violence related' and hence must be written up on a domestic violence report form.

If you are not from California, it's most likely your state has equivalent crimes listed under different Penal Code sections.

California Penal Code Sections:
136.1 Intimidating or Dissuading a Witness.
166 Violation of a Court Order
148 Resisting Arrest
187 Murder
203 Mayhem
205 Aggravated Mayhem
206 Torture
207 Kidnapping
211 Robbery
236 False Imprisonment
240 Assault
242/243(a) Battery
243(e) Battery on a Spouse, Non-Cohabiting Former Spouse, Co-Parent, etc.
243(d) Battery with Serious Bodily Injury
245 Assault with a Deadly Weapon or with Force Likely to result in Great Bodily Injury
246 Shooting at an Inhabited Dwelling
261 Forcible Rape
261.5 Statutory Rape
262 Rape of a Spouse
273.5 Spousal Abuse
273.6 Violation of a Domestic Violence Restraining Order
273(a) Abusing or Endangering of a Child (Felony)
273(b) Abusing or Endangering of a Child (Misdemeanor)
278 Taking, Enticing Away, Withholding, or Concealing Child by Person without Right of Custody
278.5 Taking, Enticing Away, Withholding, or Concealing Child in Order to Deprive Lawful Custodian of Custody
286 Sodomy
288a Oral Copulation
289 Penetration with a Foreign Object
368 Elder Abuse
417(a) Brandishing a Weapon
418 Forcible Entry into the Home of Another
422 Terrorist Threats
459/460 Residential Burglary
591 Malicious Destruction of a Telephone
594(b) Vandalism
597 Animal Abuse
602.5 Trespassing
603 Forcible Entry with Damage to Property
646.9 Stalking
12020(a) Possession of a Dangerous/Deadly Weapon
12021(a) Felon in Possession of a Firearm
12021(c) Possession of Firearm with Prior Misdemeanor Conviction for Spousal Battery/Abuse
12025(a) Possession of a Concealed Weapon
12031 Possession of a Loaded Firearm
HS11550 Under the Influence


Note: The following is a suggested design for a victim survey of your local police department response to domestic violence.

One obvious design that can be used by victim advocates is to simply routinely ask victims if they would be willing to fill out the evaluation form, anonymously or not. Then you can compile and analyze the data you receive.

A more scientific way to design this study is to select a start date and time. Then, using the police department dispatch records, pull the next 50 (or whatever number) domestic violence calls for service. Have an interviewer call each one of the case victims and ask the victim if she or he would be willing to be interviewed for the survey.

Probably the best choice of time and date for case selection is around four weeks prior to the time the interviewing will be done. Using this time frame gives most victims time to be somewhat stabilized at the time of interviewing and, at the same time, their memory of the police response will still be fresh.

Feel free to photocopy and distribute this information as long as you keep the credit and text intact.
Copyright © Marie De Santis,
Women's Justice Center,
www.justicewomen.com
rdjustice@monitor.net

All rights reserved © 2010 by Woman's Justice Center
Web site by S. Henry Wild