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Crimes Constituting Domestic Violence
Abuse between family, household members, or partners in a dating relationship

“Abuse” - The occurrence of one or more of the following acts between family or household members:
Some crimes constituting domestic violence that require mandatory arrest:

See also 'Background brief on domestic violence'
Who
  • Spouses
  • Former spouses
  • Adult persons related by blood or marriage
  • Persons cohabitating with or who have cohabitated each other
  • Persons who have been involved in a sexually intimate relationship in the last 2 years
  • Unmarried parents of a minor child
Law Enforcement Action
  • Arrest & take into custody the alleged or potential assailant
  • Make every effort to determine the assailant by considering:
    • The comparative extent of the inflicted injuries OR
    • The seriousness of the threats creating a fear of physical injury
    • If reasonably ascertainable, the history of domestic violence between involved parties
    • Whether any allege crime was committed in self defence
    • The potential of future assaults
  • There is no requirement to arrest both parties
  • Whenever there's reason to believe that a family or household member, has been abused or that an elderly person or a person with a disability has been abused:
    • Use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community
    • Give each person immediate notice of the legal rights and remedies available.
    • The notice will consist of handing each person a copy of the statement in 133.055(3)
  • If suspect strangulation conduct strangulation screening
  • Conduct a lethality screening
Relevant Statutes
Lethality Screening
  • Be Compassionate - Go the extra mile
  • Coordinate efforts
  • Use the Phone!
  • Be aware of the danger in all DV
  • Trust your instincts
  • Recognise the Victim is in charge

LAP HOTLINE: 541 749 2376

How to Conduct an Assessment
  • Use the Lethality Screen for First Responders
  • After asking questions:
    • Yes Q1-3 = Referral
    • No Q1-3, Yes to 4 of Q4-11 = Referral
  • "No" responses may still trigger a referral if first responder believes it appropriate.
Vicim Screened in
  • Advise of assessment
  • Advise you need to call hotline and you would like the victim to speak with an advocate
    • Remember: You are seeking the victim's permission
  • If victim doesn't want to speak with an advocate, tell them you need to speak with an advocate to seek guidance and gently ask the victim to reconsider
  • Assist advocate with safety planning if asked
  • Prepare report
Victim not Screened in or Didn't/Couldn't Participate in The Assessment
  • Advise of dangerous situation
  • Advise to watch for signs of danger
  • Refer to provider
  • Provide first responder contact information
  • Prepare report
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