Abuse of Power
THE clearinghouse on police-perpetrated domestic violence
Legal & Policy Issues
Orders of Protection: An order of protection is a valuable tool for many victims of domestic violence, but it may not be practical or safe option for police victims.
Custody & Visitation: The children often get caught in the middle in separation and divorce situations. If the abuser is the father of your children, he knows that he can use them as leverage.
Changing Your Identity: You may think that the only way you will ever be safe is to change your identity so the abuser cannot find you. Changing your identity means leaving behind every thing that makes you "you," at least in the legal sense.
Going to Court: If you decide to sign a criminal complaint against your abuser for domestic battery, you will have to tell your story to many people. The police, the state's attorney, your legal advocate and your counselor will all focus on different aspects of your case.
When Battered Women Are Arrested: Some battered women end up in the criminal justice system as defendants, often as a direct result of the battering in the lives. They often face increased risks and danger, especially when the alleged crime for which they were arrested is against their batterer.
Policies: Most departments have specific protocol officers must follow when they respond to a domestic violence call. However, not every department includes specific protocol for officer-involved domestics.
Impact of Gun Law: There is a lot of confusion and different interpretations of the Gun Law as it applies to police officers. It is important to have your own source of accurate information so that you don't have to rely on what your abuser tells you about the law or department policy.
Prosecution: Prosecuting a police officer involves many obstacles. Even under the best circumstances it is an intimidating and time-consuming process.
Relevant Reading:
Effective Lawyering for Police-Perpetrated Domestic Violence Victims: Explores some of the extraordinary challenges of representing a woman in a divorce or custody case whose batterer is a police officer.
The
Batterer in Custody and Visitation Disputes: (Lundy
Bancroft with Jay Silverman) Partner abuse affects everyone in a family.
Children's emotional recovery is closely tied to the healing and empowerment
of their mothers. Bancroft covers the post-separation parenting behaviors
of men who batter, including their use of custody litigation as a tool of
abuse.
Developing Policy on Officer-Involved Domestic Violence: Policy that protects a department from liability can make things worse for the victim; and solutions better for the victim can leave the department open to liability.
IACP Policy on Domestic Violence by Police Officers: The
model policy on domestic violence by police officers established by the
International Association of Chiefs of Police.
Discussion Paper on IACP's Policy on Domestic Violence by Police Officers: This
paper supports the policy on Domestic Violence by Police Officers established
by the IACP. It addresses the philosophy and development of the policy along
with implementation requirements.
Policies
on Police Officer Domestic Violence: Prevalence and Specific Provisions
Within Large Police Agencies: (pdf only) Policies vary widely in scope,
focus, and specific provisions. The most common elements are that a supervisor
be immediately notified and that officers have a duty to report knowledge
of domestic violence involving themselves or other employees.
Responding
to Police Officer Domestic Violence: The IACP Model Policy: (pdf only)
Lonsway and Harrington discuss the Lautenberg Amendment and
then review the IACP Model Policy recommending standards for preventing
and responding to police officer domestic violence.