Police are often the first members of the law enforcement system encountered by domestic violence victims. As a result, the way in which officers respond to a victim can have a significant impact on whether she pursues legal remedies for the violence she has suffered. There are a number of techniques officers can use when interviewing a victim of domestic violence to facilitate the process for her and to better elicit the details of what happened. Successfully interviewing children, as well, requires attention to partic...
Police are often the first members of the law enforcement system encountered by domestic violence victims. As a result, the way in which officers respond to a victim can have a significant impact on whether she pursues legal remedies for the violence she has suffered. There are a number of techniques officers can use when interviewing a victim of domestic violence to facilitate the process for her and to better elicit the details of what happened. Successfully interviewing children, as well, requires attention to particular issues, such as the guilt children might feel in talking with the police about an incident of domestic violence. Interviewing perpetrators of domestic violence requires officers to understand and anticipate some of the ways in which batterers may react to police questioning.
Evidence collection is critical in domestic violence cases. Because domestic violence is perpetrated in the home and is rarely reported, the victim’s own testimony is often the strongest, and sometimes the only, evidence of the abuse. Thorough investigation can help ensure that prosecutors have additional evidence to support the victim’s testimony. In some jurisdictions, prosecutors may even be able to proceed with a case without the victim’s testimony if they have sufficient supporting evidence.
Investigation can be particularly critical if the jurisdiction allows prosecutors to go forward with a case even after a victim seeks to withdraw the complaint or refuses to testify. Without the victim’s testimony, other evidence is critical to the success of the prosecution.
Taking photographs can be an important part of investigation. Officers should take photographs of the room, particularly if there is property damage or the room is otherwise in disarray because of the fight.
It can also be important to take photographs of the victim’s injuries. At least one photograph of the injuries should include the victim’s face for identification purposes.
Injuries in domestic violence cases may not be immediately apparent. First, some injuries take days before they are externally visible. Bruises and strangulation marks, for example, may not be visible until three to four days after the assault. If possible, police may want to schedule follow-up
visits to photograph injuries three to four days after the incident. Second, batterers may
deliberately hurt their victims in places that are normally covered by clothing, or in places that
would be embarrassing to reveal to strangers. Third, victims may not reveal the cause of some of
their injuries, potentially out of fear of retaliation by the batterer. Officers should watch for injuries
that would appear to be inconsistent with the explanation offered.
nterviewing the batterer and victim separately is important for two reasons. First, this helps
increase the likelihood that the victim will feel free to talk about what happened. The victim may
be afraid that the batterer will retaliate against her if she describes what happens. Second, the
batterer will be less able to make up a story that undermines the victim’s story if he does not hear
what she tells the police.
There are a number of things officers can do when interviewing a victim of domestic violence to
make the interview process easier for the victim and to better elicit the details of what happened.
In addition, the officer may be the first actor within the legal system that the victim has dealt with
about the violence. The way in which the interview is conducted can have a significant impact on
how she deals with the trauma and her perception of the legal system.
In interviewing a victim of domestic violence, it is important to let the victim know that you are
concerned. Your tone of voice, eye contact and words convey that you are concerned. Officers
should try to be non-judgmental and to make no assumptions about who is good or bad.
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Let her tell her own story before asking clarifying questions. Many times battered women want to
say many things that are not relevant to the police. For example, the woman might say, “He beat
me today because for five years we have had an argument about visiting my sister in another
town.” Officers should let the woman tell the story for a while and then ask about the incident.
Officers should also acknowledge and pay attention to the victim’s anxiety, fear or terror. She
may be distraught, crying, shaking or screaming; she may also be agitated and angry at her
batterer. Officers might say, “I can understand why you are upset.” It is important to reassure the
victim that help is available, and that she is not to blame for the assault.
Understand that a victim of domestic violence may be suffering from trauma. She may fail to
articulate her words clearly, give delayed answers, avoid eye-contact. She may not clearly
remember the entire incident.
It is also important to avoid judging victims or commenting on the situation. There are many
reasons why a woman may not want to leave an abusive relationship. Offering personal advice to
the victim at the scene will not resolve what is a very complex and difficult situation.
It may also be important for officers to try to record the victim’s statements as accurately as
possible. These statements will be read by prosecutors and others, and may have evidentiary
value if the prosecutor pursues the case. Often, it can be useful to record the victim’s statements
in her own words.
Note, as well, that there are many social, economic and cultural reasons a woman might choose
to stay in an abusive relationship. The most dangerous time for a battered woman is when she
attempts to leave or to use the legal system to protect herself from the violence. She may not
cooperate with the responding officers, even if she called the police, if she feels that cooperation
would endanger her or her children.
Batterers are dangerous. When interviewing them, ask them to sit down. They may attempt to
attack the officers or the victim.
Officers interviewing batterers should try to remain neutral. They should neither accuse a
suspect, nor express sympathy for his explanation of the violence. It is often best to simply let the
batterer tell the story. Confronting him with conflicting information will make him less willing to
speak and may result in a denial of the abuse; sympathizing with him may reinforce his belief that
his violence was appropriate.
The batterer may himself have injuries. When possible, officers should try to distinguish between
offensive and defensive injuries. Defensive injuries such as scratching or biting may be more
visibly apparent than offensive injuries such as strangulation.
It is common for a batterer to appear much calmer than the victim after a domestic assault. The
batterer may attempt to use the victim's agitation to claim that she is lying or was the aggressor.
Finally, officers can help protect the victim from retaliation by not telling the perpetrator that the
victim called the police. If the batterer asks why the officers are there, the can tell him that it does
not matter, and then ask what is going on.
Some jurisdictions have created protocols or enacted laws that govern the way that police
respond to domestic violence calls. These regulations can set forth the evidence that must be
collected, the way in which reports about the incident are written, and the support that officers
should provide to victims at the scene
Victim
• Describe the victim's location upon arrival.
• Administer first aid to the victim.
• Document statements made by the victim.
• Describe the victim's emotional condition.
• Describe the victim's physical condition.
• Document the victim's injuries.
• Physically separate the victim and suspect in different rooms and interview.
• Document the victim's injuries in detail.
• Make note of the victim's relationship to the suspect.
• Document history of abuse.
• Note any temporary restraining or other court orders.
• Give victim required written information o
