Abuse of Power

THE clearinghouse on police-perpetrated domestic violence

...providing a needed resource for victims and advocates

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Advocate & Officer Dialogues: Police-Perpetrated Domestic Violence

Developing Policy on Officer-Involved Domestic Violence (Excerpt)

Police-involved domestic violence is not a new problem, but an old one that law enforcement has been reluctant to acknowledge. Because victims of this crime rarely come forward to report the abuse, departments have been able to minimize the extent of the problem. But when a domestic violence situation involving an officer leads to a lethal attack as it did in April, 2003 when a Chief of Police shot his wife and then killed himself, police administrators all over the country witnessed the impact on the community and the potential financial disaster of a multi-million dollar lawsuit. It is predictable that departments will see the need to adopt policy specific to officer-involved domestic violence in order to prevent such incidents and to protect their departments from liability if an incident should occur in their own department.

Many administrators look to existing policies in other agencies for guidance in crafting their own policies. Some departments, especially those with government funding that requires them to work collaboratively with victim advocates, may also look to domestic violence advocates for input in developing response to victims. Though this collaboration may be beneficial in cases involving the general population, it is likely to present conflicts when the batterer is a member of law enforcement.

Our goal is to generate thoughtful consideration among police administrators and victim advocates on various elements that may be considered for inclusion in a policy on officer-involved domestic violence. Because many aspects of this issue are complex and ambiguous, both police administrators and advocates are bound to experience conflict and frustration when they confront this problem. We think it essential that we acknowledge from the outset that law enforcement and advocates have different perspectives, priorities and goals.

From the police administrator's perspective, certain aspects of a policy are absolutely necessary to protect the department from liability. From the victim advocate's perspective, these very elements leave a victim more vulnerable than she was before policy was implemented. Advocates want police agencies to hold abusive officers accountable — but not at the expense of the victim. Police administrators also want to protect victims — but not at the expense of exposing the department to liability or of depriving officers of their rights to due process.

Misuse of Police Powers in Officer-Involved Domestic Violence (Excerpt)

Society grants members of law enforcement enormous power over citizens to enable the police to keep the peace and to preserve social order. They are granted a great deal of freedom to use their judgment regarding which laws to enforce, when and against whom. This wide range of options and authority can lead to the abuse of their power. Some police officers come to see themselves not as simply enforcers of the law, but as the law itself.

Every abuser frequently reminds his victim that it is within his power to deprive her of her physical safety, security, privacy, freedom and life if and when he chooses. Most abusers, however, are not able to enlist the help of the criminal justice system to carry out their threats. Batterers within law enforcement are. Officers tell their victim, “Call the police. Who are they going to believe?”

There exists tremendous systemic resistance against prosecuting an officer. If the victim decides to file a criminal complaint, she will have to present an extremely compelling story to the police and to the state's attorney to counter their reluctance to pursue the complaint. She will have to be able to convey that, in addition to common forms of abuse, the abuser exploited his professional status and power to control and to terrorize her. Advocates working with these victims must be knowledgeable not only about the general dynamics of domestic violence but also about police-perpetrated domestic violence tactics and the workings of the criminal justice system.

Working with victims of officer-involved domestic violence has made us acutely aware that the standard remedies are often inadequate and may even leave the victim more vulnerable. We need to rethink our strategies on many different levels. Because this issue is so complex, we need to educate ourselves and other community providers before we can hope to adequately serve this special population.

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