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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:
See also 'Background brief on domestic violence'
“Abuse” - The occurrence of one or more of the following acts between family or household members:
- Attempting to, or intentionally, knowingly, or recklessly causing bodily injury
- Intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury OR
- Causing another to engage in involuntary sexual relations by force or threat of force.
- Assault 4, Assault 3, Assault 2, Assault 1
- Strangulation - Conduct strangulation screening
- Coercion
- Menacing
- Sexual abuse 3, 2, 1
- Harassment (No 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
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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