Domestic Violence and Children: Law Enforcements Response

1
Domestic Violence and Children Law
Enforcements Response

• Matt Brechwald, M.A.
• Domestic Violence Detective with the Boise Police
  Departments Special Victims Unit
• Adjunct Professor of Criminal Justice at Boise
  State University
• Office [phone]
• Email mattbrechwald_at_gmail.com

2
Issues Involving Law Enforcement

• Protection of children
• 1 priority
• What does this encompass?
• Interviewing children
• Mandated Reporting

3
Protection of Children (what are we protecting
them from?)

• Physical harm
• Neglect
• Mental trauma from exposure to violence?
• Power Control
• Situation Violence

4
Protection of Children (at the scene)

• Protective Sweeps for further victims/officer
  safety
• Interviewing the victim
• Separate interviews for children
• Assess for neglect/abuse

5
Protection of Children (during the follow up
investigation)

• Is the contact order being violated?
• Witness Intimidation
• Involvement of Child Protective Services (CPS)
• When are police mandated to report to CPS?
• Are these requirements met by every DV?

6
Protection of Children (at large suspect)

• Uncooperative victims
• What if the victim will not take protective
  steps?
• Risk/Lethality Assessment
• School Resource Officers

7
Interviewing Children (at the scene)

• This has to depend on circumstances
• Presence/proximity of the offender or victim
• Cursory vs. Detailed interview?
• What is the goal of the interview?
• Is the officer trained to forensically interview?

8
Interviewing Children (follow up investigation)

• How many follow up interviews should be
  conducted?
• How should follow up interviews be conducted?
• ISC 16-1618
• Parental consent?

9
Forensic Interviewing

• Why is it necessary?
• Perceived bias against men
• Suspects claim to be the victims
• Do you assess for invisible crimes?
• Sexual abuse (high correlation with DV)
• Strangulation (often undetectable)

10
Advocacy Conflicts

• Domestic Violence Advocates
• Training/Awareness of dynamics of DV
• Child Advocates
• Investigation is focused on the welfare of the
  child
• Should children ever be removed from the victim
  parent?

11
Children as Victims

• Physical Abuse
• Misdemeanor to Murder
• Sexual Abuse
• Failure to protect
• Neglect

12
Liability

• Qualified Immunity
• ISC 18-921
• ISC 16-1609
• When do officers assume liability?
• How does liability effect decision making?

13
Domestic Violence and Children Law
Enforcements Response

• Matt Brechwald, M.A.
• Domestic Violence Detective with the Boise Police
  Departments Special Victims Unit
• Adjunct Professor of Criminal Justice at Boise
  State University
• Office [phone]
• Email mattbrechwald_at_gmail.com