Duties and procedures implemented by the police in the event of domestic violence

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Duties and procedures implemented by the police
in the event of domestic violence
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Duties and procedures implemented by the police
in the event of domestic violence

• KHK Frank Uwe Beenß
• District Police Authorities Märkischer Kreis
• - Victim Protection -

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Contents

• Development
• Legal standards
• Deployment of patrol services
• Removal from family home
• Special risk situations
• Tasks of investigation service
• Objectives of victim protection

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Development

• Shift in dogma in public discussion
• from what happens behind closed doors is
  nobodys business!
• to
• Theres no privacy for violence!

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Development

• Police deployment code
• from
• family quarrel
• to
• domestic violence

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Legal Standards

• 1 Police Act NRW
• Duties of the Police
• (1) The police have the duty to avert any threat
  to public safety or security (aversion of
  danger).

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Legal Standards

• 34a Police Regulations NRW
• Eviction from marital home and ban on returning
  as protection against domestic violence

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Legal Standards

• 34a Police Regulations NRW
• Expulsion from family home and ban on returning
  as protection against domestic violence
• (1) The Police may remove a person () from a
  dwelling in which the endangered party lives and
  from the immediate vicinity, and forbid the
  former to return to this area.

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Deployment of patrol service

• Reviewing and recording facts
• Identifying / naming suspect(s)
• Recording the location of domestic violence
  (documenting injuries, housing situation,
  evidence, children, etc.)
• Reviewing the eviction of the offender

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Deployment of patrol service

• Drawing up the criminal complaint
• Preparing a risk assessment
• Drawing up documentation deployment for domestic
  violence (copy for injured party)
• Preparing the written disposition forbidding the
  suspect to return (to be handed to the offender)

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Removal from family home

• When declaring the removal from marital home
• Customary duration of ban on returning 10 Tage
  by order of the on-site police officer -
• The person () is to be given the opportunity to
  take any urgently needed articles for personal
  use with him/her
• Keys to residence are to be confiscated
• Departure from residence / vicinity to be checked
• Reference to offers of help information material
  to be issued

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Removal from family home

• The area to which the removal from the family
  home and ban on returning apply is to be
  specified and described in detail in accordance
  with the
• requirement for effective protection
• of the endangered person.
• In specific, justified, individual cases the
  actions () may be limited to the dwelling and
• neighbouring premises.

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Removal from family home

• This ban on returning can also be issued against
  juveniles special review of whereabouts
• (Notification of youth authorities)

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Removal from family home

• Ban on returning is automatically extended by up
  to max.
• a further 10 days
• if the eviction is applied for at courtin
  accordance with the laws on protection against
  violence
• The court notifies the police of receipt of this
  application

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Particular threat situations

• Pointers to high-risk case
  (offences committed, previous offences, mental
  state of offender .)
• Preparation of a risk analysis by the criminal
  investigation department
• Review of further protective actions by police
  management

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Tasks of investigation service

• Addressing the person under threat
• Reviewing the ban on returning at least once
  (usually by regional officers)
• Questioning of victim
• Questioning of person involved
• Transfer to public prosecutors office

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Tasks of police victim protection system

• Making very prompt contact with victim
• Determining need for counselling
• Counselling interview
• Naming and/or mediation of appropriate advice
  centres
• Making contact with the offender
• Networking

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Tasks of police victim protection system

• Preparation of interrogations
• Accompanying person(s) to interrogations and
  court hearings
• Cooperation with witness protection offices
• Information events

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• Many thanks for your attention!!
• Do you have any questions ?