Training Materials

Officer-Involved Domestic Violence Training Pilot
Executive Summary
June 10-11, 2004

Overview
The enclosed materials were prepared for and utilized at the officer-involved domestic violence training pilot in Yakima, Washington, on June 10-11, 2004.  That pilot training included representatives from selected counties in Western, Central and Eastern Washington and selected communities within each.  The intention was to develop and test a training program that could be utilized by any community and locally modified to meet their needs.

The pilot training was co-sponsored by the Washington State Attorney General’s Office, the Washington Association of Sheriffs and Police Chiefs, the Washington Council of Police and Sheriffs, the Washington Association of Prosecuting Attorneys, the Washington State Association of Counties, the Association of Washington Cities, the Washington State Coalition Against Domestic Violence, the federal Office of Victims of Crime and the Washington State Office of Crime Victims Advocacy.

This packet contains tools developed for the June training that your agency may find useful as you develop or adopt your policy.  We hope that you actively engage your local stakeholders and together put the tools in this packet to work.

Background
On April 26, 2003, Crystal Brame was shot in a grocery store parking lot by her husband, David Brame, Chief of Police for the city of Tacoma.  Crystal Brame died one week later.  David Brame committed suicide at the scene.

Crystal Brame’s murder brought intense scrutiny to the particular challenges faced by victims of domestic violence and the law enforcement response when the abuser is a law enforcement officer.  In the year following the murder-suicide, legislation, media scrutiny and the public demanded action by law enforcement.  At the same time, most law enforcement agencies in Washington did not have policies that addressed officer-involved domestic violence incidents.

A workgroup, led by Attorney General Christine Gregoire, was formed in the wake of the Brame tragedy.  Its goal was to bring together law enforcement, community-based advocates and other government and stakeholder organizations in order to develop a common understanding of the involved perspectives and complexities and begin discussing practical tools to respond to incidents in which a law enforcement officer has or is alleged to have committed domestic violence.

In October 2003, the workgroup coordinated and developed the Officer-Involved Domestic Violence Symposium conducted at the Criminal Justice Training Center.  The day-long symposium was attended by over 400 law enforcement officers, domestic violence victim advocates, government officials and others, and included speakers, panels, and opportunity for discussion.  The work group released its publication, Handbook for Developing, Implementing and Administering Local Programs to Address Domestic Violence Involving Law Enforcement Personnel at the summit.

Legislation signed into law in 2004 (Substitute Senate Bill 6161) requires that each law enforcement agency in Washington develop an officer-involved domestic violence policy by 2005 [RCW  18 L 04].  Further, it requires that law enforcement, “consult public and private nonprofit domestic violence advocates . . ." in developing its policy or before adopting the Washington Association of Sheriffs and Police Chiefs (WASPC) model policy.  The WASPC website address is www.waspc.org.

Pilot Training
Based on input at the October symposium and in anticipation of passage of the model policy legislation, the workgroup began laying the framework for an officer-involved domestic violence training pilot.  Its purpose was to bring together stakeholders from three diverse regions of the state to lay the groundwork for the development of local policies.

The two-day training was held at the Yakima Convention Center on June 10-11, 2004.  Invited were participants from three counties and selected communities within each.  Participants included:

• Kitsap County
  • City of Bremerton
  • City of Port Orchard
  • City of Poulsbo
  • City of Bainbridge
  • Port Gamble/S’Kallam Tribe
• Walla Walla County
  • City of Walla Walla
• Yakima County
  • City of Yakima
  • Yakama Indian Nation

Professions represented at the training included: sheriffs and police chiefs, police guild presidents, prosecutors, 911 dispatch officials, risk managers, and community-based domestic violence victim advocates.  The training and discussion focused on four key issues areas out of several that are required by SSB 6161 to be part of the policy.

1. Mandatory Reporting of Officer-Involved Domestic Violence;
2. Confidentiality and Victim Safety;
3. Recruitment and Screening; and
4. Weapons.

The training began with an overview of the 2004 legislation and remarks by WASPC President and Everett Police Chief Jim Scharf.  Following these presentations, the participants were divided into discussion groups to grapple with scenarios designed to elicit critical thinking about each issue area.

Developing Your Domestic Violence Policy
Many of the tools utilized at the pilot training can be adopted for use in your community.  A good place to start is to follow the step-by-step guidelines provided by the October 2003 workgroup-produced Handbook for Developing, Implementing, and Administering Local Programs to Address Domestic Violence Involving Law Enforcement Personnel.  The handbook is an excellent tool to help guide your agency in the development of its policy.  The Attorney General’s Office provided a copy to each law enforcement agency in Washington in late 2003.  It is also available for download on the Washington State Attorney General’s Office website at www.atg.wa.gov.

Using the Scenarios
The following scenarios and questions are designed to facilitate conversation between your agency and local stakeholders.  The use of these scenario exercises is intended to create dialog and clarify local issues and expectations.  You will not find complete answers accompanying the scenarios, but rather key points to consider.

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Key Area One: Mandatory Reporting of Officer-Involved Domestic Violence

Scenario A:  Mandatory Reporting

Victim, Joan, calls her friend Officer Steve who works with her husband, Officer John.

Joan:  You’ve got to talk to him, Steve.  Things aren’t good between us.  He seems so stressed out and angry all the time.  Does he seem that way to you? Is there something going on at work that I don’t know about?

 

Officer Steve:  What has he been doing? You know, everything seems all right here.  He seems the same as always . . . so, what’s up at home?

Joan:  You know, Steve, I hate to say this, but I’m really beginning to get scared at home.  From the minute he walks in the door, I don’t know what to expect.

Officer Steve:  What do you mean you feel scared? Are you afraid of John? What did he do?

Joan:  Oh, Steve, I probably shouldn’t be talking to you about this.  I really don’t want him to get in trouble.  I was just thinking . . . that maybe you could talk to him?  

Officer Steve:  Joan, I care about you guys and I want to do whatever I can to help.  But I don’t understand – get in trouble? How?  What do you mean? Are you guys in trouble? 

Joan:  Oh, Steve, I probably shouldn’t have called you in the first place.  I’m sorry.  I don’t really feel like I can say anything else . . . It’s just  . . . I just feel like things are getting out of control.

Officer Steve:  No, I’m really glad you called me.  I can tell you are upset and you are worrying me.  What’s really happening?

Joan:  Okay . . . well, maybe if you talk to John just ask him what happened to the TV.

Officer Steve:  Well, what did happen to the TV, Joan?

Joan:  Well, I feel bad telling you this, but . . . he didn’t want me on the phone; so, he grabbed it out of my hand and pushed me away at the same time.  I fell backwards and knocked over the television.  He told me he was sorry about pushing me but he was still mad about the TV being broken.  It didn’t used to be this bad.  I’m really worried about his temper and I don’t know what is going to happen next.

Officer Steve:  Were you hurt?

Joan:  No, not really.  I mean, my back is kind of sore and tender.  There’s a bruise, but it’s not bad.  But, you know, maybe I’m crazy, but I just felt so scared when he pushed me.  Like something was different this time, and I just couldn’t figure out how to keep him calm.

Officer Steve:  Well, have you been to the doctor? How are you feeling now? Has anything like this happened before?
Joan:  You know, he’s always had a temper.  But I think it’s getting worse.

Questions Scenario A:

Should Officer Steve inform the victim that he is obligated to report Officer John’s behavior to their agency?
What do we expect Officer Steve to do when he hangs up the phone?
When the agency makes contact with the victim, what will they tell Joan?
What criminal investigative process would occur?
How would the disciplinary process work in your agency in this situation?
What kind of communication should take place with the victim throughout the criminal and administrative process?
What victim safety issues should be explored with Joan?
Key Area One:  Mandatory Reporting of Officer-Involved Domestic Violence

 

Scenario B:  Mandatory Reporting

Victim:  Joan, calls her friend Officer Steve who works with her husband, Officer John.
Joan:  You’ve got to talk to him, Steve.  Things aren’t good between us.  He seems so stressed out and angry all the time.  Does he seem that way to you? Is there something going on at work that I don’t know about?

 

Officer Steve:  What has he been doing?  You know, everything seems all right here.  He seems the same as always . . . so, what’s up at home?

Joan:  You know, Steve, I hate to say this, but I’m really beginning to get scared at home.  From the minute he walks in the door, I don’t know what to expect.

Officer Steve:  What do you mean you feel scared?  Are you afraid of John?  What did he do?

Joan:  Oh, Steve, I probably shouldn’t be talking to you about this.  I really don’t want him to get in trouble.  I was just thinking . . . that maybe you could talk to him?

Officer Steve:  Joan, I care about you guys and I want to do whatever I can to help.  But I don’t understand – get in trouble?  How?  What do you mean?  Are you guys in trouble?

Joan:  Oh, Steve, I probably shouldn’t have called you in the first place.  I’m sorry.  I don’t really feel like I can say anything else . . . It’s just . . . I just feel like things are getting out of control.

Officer Steve:  No, I’m really glad you called me.  I can tell you are upset and you are worrying me.  What’s really happening?  Just give me something to start the conversation with . . . we don’t talk about this stuff too much; he’s going to wonder why I am talking to you about him.

Joan:  Okay, just ask him what happened to the TV?

Officer Steve:  What happened to the television?

Joan:  Well, he didn’t want me on the phone; so, he yelled and kicked the TV and broke the glass.  His rage was frightening. He said he was sorry about yelling at me but still angry that the TV was broken.  Then he got even angrier.  I’m really worried about his temper and I don’t know what is going to happen next.

Officer Steve:  Were you hurt?

Joan:  No, but he really scared me and that’s why I need you to talk to him.  I am afraid of what is going to happen next.

Officer Steve:  Are you afraid now?  Has anything like this happened before?

Joan:  He has always had a temper but it’s getting worse.
Questions Scenario B:

Is Officer Steve obligated to make a report to their agency? Please explain why or why not?
If Officer Steve makes the report, what should he tell the victim?
Are there other options for Officer Steve when responding to Joan?  Please explain.
What are the safety issues that should be explored with Joan?
Additional information has surfaced, the agency learns from one of Joan’s neighbors that Officer John slapped Joan three years ago but the incident was never reported to police.   How would your agency respond to this new information?
Key Points:

Use the legislative intent of the mandatory reporting law to help clarify expectations and create clear guidelines to guide agency practice.
Who is covered by the policy?
What actions or knowledge must be reported? And to whom?
What happens when a report is made?
How the agency’s investigative process can assist with victim safety and confidentiality.
Your local domestic violence advocacy agency should be involved in policy development.  The domestic violence agency has expertise in safety planning, protection of confidentiality and access to community resources.
Integration of these procedures into existing professional standards policies.
Be aware of special communications and access needs, such as spoken and sign language interpreters and reasonable accommodation for people with disabilities.
Key Area Two:  Victim Safety and Confidentiality
Scenario A: Victim Safety Planning

Joan and John have been married for ten years and have two children, ages six and eight.  John has worked at the same law enforcement agency his entire career and has reached the rank of sergeant.  The agency has 50 commissioned officers.  John is respected and well liked among his peers and active in the local domestic violence community task force.

Joan works part-time outside the home.  Her working hours match the children’s school schedule and she does not use daycare services.  John has grudgingly “allowed” Joan to work outside the home as long as it does not interfere with maintaining the house and caring for the children.

They met in high school, married in their early twenties and currently reside in a small town just outside the county where John works.  When John is off duty, he wants Joan with him all the time and prevents her from spending time with her family or old friends.  The last time Joan met a friend from high school for dinner, John called her repeatedly on her cell phone and kept asking her, “When are you going to be home to take care of the kids, and feed them some dinner?”  Joan was embarrassed by the repeated calls and left her friend before they finished dinner.  For Joan, it seems easier and better for her marriage to only socialize with law enforcement friends.

John has always been jealous, ever since high school and, while at first Joan was flattered by his attention, she is now scared of his attention to her every move.  When he gets angry, he yells things like,   “you’re a stupid b----, a lousy mother, fat a—ever since you had the kids, and would never amount to much without me.”  Over the past five years, John has pushed, shoved and shaken Joan.  Joan has become fearful of speaking up for herself or disagreeing with John.  It is harder for Joan to calm John down – things that worked in the past no longer seem to make a difference.  Increasingly, Joan focuses on anticipating John’s moods and behavior in an attempt to “keep things calm” because she is afraid of his “temper and anger.”  John has taunted Joan telling her “if you tried to talk about me or threatened my career in anyway, no one will believe you.  Even the DV advocates around town think I’m a great guy and they would never believe anything you’d say.  They would feel sorry for me having such an ungrateful and crazy wife.”

Despite all her efforts, Joan is unable to diffuse John’s rages anymore.  After their last argument, when John grabbed the phone out of Joan’s hand and pushed her into the television, Joan felt something about John’s anger was different.  For the first time, she felt that John might be capable of really hurting her and the children.  And Joan realized that John’s behavior was beyond her control.  This recognition led Joan to her call Officer Steve, a mutual friend, and ask him for help.

Against Joan’s wishes, Officer Steve made a mandatory report about the television incident and a criminal investigation is proceeding.  Joan is angry with Officer Steve and is extremely fearful of John’s reaction.  Joan never wanted to leave John.  She wants her marriage to succeed; she believes John needs help dealing with the stress in his life.  Joan doesn’t want to damage John’s career—she knows he’s worked hard to get where he is now, and he’s a good sergeant.  Out of desperation, Joan calls the local domestic violence agency because she doesn’t want any charges to be filed and she feels like no one understands and is “making everything worse.”  At the same time, Joan admits that she is afraid for herself and her children.

Questions:
What kind of contact will John’s agency have with Joan once the mandatory report is made?
What kind of contact will the agency of criminal jurisdiction have with Joan?
What steps will each law enforcement agency take to ensure Joan’s safety?
How should the different jurisdictions coordinate their communication regarding victim issues?
What are the safety planning issues and confidentiality concerns for Joan?
What are the possible legal options and their impact on Joan’s safety?
Key Points:
What is a safety plan?  A complex set of strategies and resources that a victim uses to minimize abuse directed by the abuser at herself and her children.  Safety plans are fluid, ongoing, multi-layered and are guided by the victim/survivor.
Emphasize how law enforcement agencies can assist with victim safety.
Inform victim of mandatory reporting policy of agency.
Communication process to ensure that the victim knows first about both the administrative decisions and the criminal process.
Consistent and ongoing notification (example:  Tell the victim prior to placing officer on administrative leave).
Facilitate connection with local domestic violence advocacy services and resources.
Inform victim of the limits of confidentiality when requesting information (always consider disclosure eventuality).
Cross jurisdictional communication and case coordination.
Who communicates with the victim and about what?
“No prosecution” decision may be an affirmation to a batterer.  Any time a part of the system doesn’t respond or hold the batterer accountable, he/she may be emboldened to continue abusive behavior or manipulate agency staff and resources. 
Key Area Two:  Victim Safety and Confidentiality
 
Scenario B:  Victim Confidentiality:

Officer Steve is troubled by his phone conversation with Joan.  Even though Joan did not disclose that Officer John had engaged in criminal behavior, her convincing expression of fear and description of John’s rage raised questions in Steve’s mind.  He felt obligated to report his concerns to his supervisor.  Officer Steve convinces Joan to speak with internal investigative officers.  Over the next couple of weeks, Joan becomes fearful and resentful and fears that the public disclosure of information will make her husband, Officer John, very angry and possibly retaliate against her.  Joan doesn’t want him to get in trouble; even the possibility that this could happen terrifies Joan.

Questions:

In Steve’s law enforcement agency, who will inform Joan of the agency confidentiality policy, and how will the information be provided to Joan?
Is Joan obligated to disclose information to either police agency?
How could Joan’s safety be a consideration when making decisions about releasing the internal documents to John’s advocates (i.e. guild/union/attorney)?
How would Joan get referrals to local domestic violence advocates?  When would she get this information?
Under what circumstances should the prosecutor be included in the process?
What are the liability risks for the employing agency?
Key Points:
Victim confidentiality (when to tell, who to tell and what to tell) is a key component of safety planning.
Be aware of limits of information sharing in collaborative relationships (i.e. community based domestic violence agencies have state and federal mandates to maintain victim confidentiality).
Protecting victim’s confidentiality increases the victim’s safety in the long run.
Typically, there are competing interests in any administrative and criminal investigation.  Officer involved domestic violence cases require particular examination of each step of the agency’s response to assess the impact on victim confidentiality and safety.
Key Area Three: Recruitment and Screening
Hiring Process Scenario

John’s family is well regarded in the business community and active in their faith community.  John’s father’s successfully spearheaded the capital fundraising committee for building a new YMCA.  Several church members would describe John’s father as a “no nonsense businessman who could charm the bark off a tree.”  John’s mother supported John’s father in all his community activities and was a traditional homemaker.  From as far back as he could remember, John was required to perform certain tasks at home to perfection, in the same manner as expected by his father of his employees.

In high school, John developed a “rep” -- that made other guys envious, but among the female students, he was viewed as “fast” and “a little scary.”  When he assumed leadership roles, he was known as relentless when promoting his position.  For example, one classmate recalled him as “almost a bully, he would never back off when he wanted something, and it wasn’t worth the effort to continue arguing – he’d wear you down – he could get anything done.”  As a football player, he was known as a “powder keg” among the coaches – especially, when they lost.

Before entering police work, John was a top salesman at Circuit City for two years.  During his employment at Circuit City, he briefly broke up with Joan and dated numerous co-workers.  John was bored with sales work and he felt management underutilized and “micromanaged him.”

 

John then decided to apply for law enforcement work.  John was remembered as an eager applicant and contacted the agency frequently to check on the status of his application.  The agency front desk staff remember John as impatient and a “bit condescending” when they couldn’t provide him with new information.  You are assigned to conduct a background investigation for the hiring process.

 

Questions:

What kind of background information would you gather to identify any past relationship issues?
Who would you interview and why?
What themes might develop during the background screening process?
How would you go about gathering past relationship issues?
How would you attempt to verify information of concern?
Would you confront John with the information? Please explain why or why not.
Key Points:

Historically, screening is focused on what we want to avoid.  The absence of questionable behavior does not equal integrity.  The current challenge is to recruit and retain people representing diverse cultures and life experiences that reflect the community and uphold high ethical standards.
Consider using a team approach when hiring, such as using officers with special expertise in domestic violence and sexual assault.
Consider establishing a hiring process that identifies behavior patterns and themes, rather than create a series of tests that are pass/fail.
Key Area Four:  Weapons

John and Joan live inside the city limits of Anytown, WA.  Joan seeks assistance from the community based domestic violence advocacy program and decides to petition for a civil order of protection (no criminal report has been filed).  In her affidavit, Joan states that her husband, Officer John, has pushed and slapped her in the past.  Joan states that she is fearful and doesn’t know what John will do next.  During the last argument, John stated, “If I go to jail, you go to the morgue.”  Joan doesn’t want John to lose his job or get arrested; she just wants him to get help. 

Questions:

Officer John’s agency becomes aware that a temporary civil protection order was issued against John.  What should the department’s policy require under these circumstances?
Under what circumstances would you want him to surrender his duty weapon immediately?
Would you reassign him to an unarmed capacity
Do you want to put him on administrative leave? Or,
Considering only these facts, what discipline is likely?
What safety issues would you discuss with Joan?
The full order of protection is granted.  What should the department’s policy require under these circumstances?
Under what circumstances would you want him to surrender his duty weapon immediately?
Would you reassign him to an unarmed capacity?
Do you want to put him on administrative leave? Or,
Considering only these facts, what discipline is likely?
What safety issues would you discuss with Joan?
What is the agency’s responsibility towards Joan?
Key Points:

Inform the victim before taking administrative or criminal actions to support safety planning.
Danger to a victim of domestic violence increases when the victim discloses abuse to law enforcement or attempts separation.
The batterer’s potential professional embarrassment or loss of his or her career is an extreme danger to the victim.
Threats of suicide are indicators of increased lethality in domestic violence situations.  Officers’ threats of suicide should be responded to and the victim should be informed.
Washington State Law Regarding Weapons and Domestic Violence:
RCW 9.41.040 makes it a felony to possess a firearm if there is a DV conviction for assault 4, coercion, stalking, reckless endangerment, criminal trespass 1, violation of NCO/OFP restraining or excluding person from residence.
RCW 9.41.800: Surrender of weapons or licenses -- Prohibition on future possession or licensing.
(1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040: (a) Require the party to surrender any firearm or other dangerous weapon; (b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070; (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon; (d) Prohibit the party from obtaining or possessing a concealed pistol license.  (2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040: (a) Require the party to surrender any firearm or other dangerous weapon; (b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070; (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon; (d) Prohibit the party from obtaining or possessing a concealed pistol license. (3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed. (4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
Federal Firearms Law:
18 U.S.C. 922(g)(8) makes it a felony to possess firearms if respondent is restrained from harassing, stalking, threatening intimate partner or their child, or other conduct that would place them in reasonable fear of injury, and …includes finding that such person represents credible threat, or…prohibits the use/attempted used of force against protected per or child reasonably may cause bodily injury.  Restrained person has notice and opportunity to be heard
18 U.S.C. 922(g)(9) makes it a felony to possess firearm if previously convicted in any court of a crime of domestic violence.
18 U.S.C. 925(a)(1)  The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.