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

As advocates work more closely with the police, it's easy to understand how victims may think we're part of the criminal justice system. For example, in some communities they may see the advocate interacting with the police at the scene or in court. Or, they hear advocates 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 often 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.

Look to Our Past

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.

Primary Source of Support

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 identify 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 insight about how the justice system works
  • Help her anticipate the department's and prosecutor's response
  • Assure her that she is not alone
  • Assure her that she is not "going crazy"
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Preparation Vital

Meet with the chief / sheriff

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.

  • Does s/he want to be informed if one of their officers is involved?
  • Is there any formal arrangement with neighboring jurisdictions to report if they respond to a call involving one of the officers?
  • How would s/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 s/he allow the DV advocate to be a liaison?
  • When would s/he refer for criminal prosecution?

Collect local policies

Advocates have to know their local departments' citizen complaint procedures. Every law enforcement agency is independent and accepts complaints differently. We also need to be familiar with their officer-involved domestic violence policies. It is also important to understand the department's internal investigation process and supervisory structure.

Learn local politics

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 serving rural and Indian Nations have an even more complex world.

Gather resources

Consult with other local and distant DV agencies, your state coalition. Identify national resources such as the Battered Women's Justice Project Criminal Justice Center.

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 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.

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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 a subpoena or arrest warrant. An abuser may engineer an arrest or other action by claiming that the victim 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 with the 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 anyone who helps his victim.

The same tactics abusers use to intimidate their intimate partners can be used against advocates. Advocates report they have been followed, subjected to bogus traffic stops, and get harrassing or intimidating phone calls.

A batterer may be subtle but still threatening. A Midwestern advocate 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."

Political Pressure

Advocates — and the DV agency itself — may feel threatened if the abuser's department claims staff are protecting a "suspect" or defying a court order.

The department may be able to apply political and financial pressure on the agency via its board of directors.

Board Must Be Involved

These possibilities must be discussed with the board and executive staff. A procedure must be in place before a crisis situation.

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, it may be best to refer victims of police officers to another agency.

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