Abuse of Power

THE clearinghouse on police-perpetrated domestic violence

...As advocates, we're forced to re-evaluate our standard interventions

Advocates' Role

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.)

Independence Vital

It's easy to understand how a victim may think of us as part of the criminal justice system as advocates work more closely with police. For example, in some communities she sees the advocate interacting with the police at the scene or in court. Or, she hears the advocate sharing information and strategizing with police officers and the prosecutor. Where police departments employ victim support specialists to provide information and services (sometimes to both victims and perpetrators), victims may be even more confused about who has what role.

The advocate should be the one person who is there solely for the victim, open to exploring any and all options. Our role is to provide information and support so the victim can decide how to best protect her own interests and safety. If we even appear to be a part of the criminal justice system, the victim of an officer will not trust us. Our independence can be compromised — or appear compromised — by the close working relationships that accompany efforts to build coordinated community response and inter-agency collaboration. Victims are left more alone, more isolated, and more at risk.

Safety Planning Challenged

Standard remedies and responses are limited, ineffectual, or even dangerous when the abuser is a police officer. When a victim says, "You don't understand, he's a police officer; But this is different, he's a police officer; I can't DO that, he's a police officer," she is expressing her frustration that no one understands the many ways in which her situation is different.

Safety planning is seriously challenged when the abuser is a police officer. Any remedy that relies on the criminal justice system is risky. When an officer breaks the law, the system is turned upside down. So, too, are advocates' and victims' usual safety plans.

Primary Source of Support

We get frustrated when we feel we can't do anything to help police victims. Remedies available to other victims, such as going to the police and prosecutor, are often not possible. In many ways, we have to go back 30 years to the days when all we could do was listen to women's stories and offer support and understanding. Because we have made so much progress with domestic violence laws and community response, we want to do more than just be there, listen and understand. Victims of police officers report that our presence and understanding is much more than they get anywhere else.

We can provide critical support to a victim when the batterer is an officer. We might be her only or primary source of support. We can:

  • Validate her experience and feelings
  • Provide a "reality check" when she doubts herself
  • Help her articulate her fears and needs
  • Help her focus and assess her situation
  • Help her explore her options and possible consequences
  • Explore a realistic safety plan
  • Advocate for her within the legal and other community systems
  • Provide information and insight about how the criminal justice system works
  • Help her anticipate the department's and prosecutor's responses if she uses the criminal justice system
  • Assure her that she is not alone
  • Assure her that she is not "going crazy"

Preparation Vital

Before working with any victims, advocates should meet with the chief or sheriff about officer-involved domestic violence to get a feel for their attitude beyond the official policy. Would he want to be informed if one of his officers is involved? Is there any formal arrangement with neighboring jurisdictions to report if they respond to a call involving one of his officers? How would he deal with a complaint? Must officers who are victims report their abuse? What is the procedure when an officer is the respondent in a protective order? Would he allow the domestic violence advocate to be a liaison? Would he refer for criminal prosecution?

Challenges are even greater when the batterer is the chief or the sheriff. The agency providing victim advocacy and support should consult with other domestic violence service agencies, its state coalition, and other resources, such as the Battered Women's Justice Project Criminal Justice Center. We must also understand the political landscape and the role of the police and fire commission, the mayor, the county executive, or other entities that may have some oversight of law enforcement agencies.

Advocates need to know about general public complaint procedures (citizen complaints) within a department. Each law enforcement agency is an independent entity and receives complaints differently. We also need to be familiar with departmental officer-involved domestic violence policies. It is also important to understand the department's internal investigation process and supervisory structure. Influencing factors include the size of the department, its attitude toward officer misconduct, its position and policy on domestic violence, and resources available in the community.

Experienced Advocates

Providing support and advocacy for a police victim requires someone who has worked with a wide range of women, understands the complexities of battering, has solid knowledge of available criminal and civil interventions, and understands the practices and politics of local law enforcement. An experienced advocate is also less likely to let her personal views dominate her work with victims.

Many advocates have strong feelings about police officers who abuse their intimate partners. They may believe these batterers have no right to be police officers, and want the victims to cooperate with attempts to hold the officers accountable. An advocate's desire to get an abusive officer off the streets can make it hard to remember that it is not the victim's responsibility to see that the law is enforced or to reform the police department. As always, our first commitment is to support her wishes and decisions.

Legal Concerns

Advocates should obtain legal advice from their agency's legal counsel before a crisis occurs. Shelter staff need to know what to do if the police arrive at the shelter with an arrest warrant or a subpoena. An abuser may engineer an arrest or other action by claiming that she battered him, that she has endangered or abducted the children, or that she is a danger to herself. This is an effective way to get the local police to assist him in tracking her down. Staff can be threatened with legal action for obstruction of justice, contempt of court, or harboring a criminal if they refuse to cooperate by withholding information as to the victim's whereabouts. This can occur in spite of a friendly and cooperative working relationship between advocates and police.

Advocate Safety

Staff members should discuss possible strategies to protect themselves. A police abuser has the power to set the entire criminal justice system in motion against a victim and anyone who helps her. The same tactics abusers use to intimidate their intimate partners can be used against advocates.

Advocates have reported the perpetrator or sympathetic officers following them, making repeated traffic stops, and making harassing and intimidating phone calls to the agency or their homes. A batterer may be subtle but still threatening. An advocate in a Midwest community described helping a victim file an order of protection, then finding the officer in her office later that day, saying "I'm aware that you were in court today helping my wife."

Advocates may feel professionally threatened if the department tells the public that their agency is protecting a suspect or violating the law by defying a court order. The department may be able to apply political and financial pressure on the agency via its board of directors. It is critical to discuss these possibilities with the board and staff and have a procedure in place before this situation occurs. If the board and staff cannot agree on how to handle a conflict with law enforcement, or if local political realities require avoiding conflicts with the police, the shelter would be wise to refer victims of police officers to another agency for service.