Community Protocol for Domestic Violence Cases in Shawnee County

Transcription

1 Cmmunity Prtcl fr Dmestic Vilence Cases in Shawnee Cunty Purpse The signed parties have mutually agreed upn this cmmunity prtcl t encurage the criminal justice system t deal mre effectively with dmestic vilence cases. These agencies jin tgether t adpt this plicy which calls fr aggressive enfrcement f the laws gverning dmestic vilence/abuse and effective respnse t the victim. It is recgnized that apprpriate arrests and subsequent services can prve beneficial t prtect the victim, t deter the abuser frm cmmitting further acts f vilence, and t raise cmmunity awareness f the prblem f dmestic vilence. Definitins Dmestic Vilence: Any harmful physical cntact r threat theref r destructin f prperty between family members r certain assciated individuals r frmerly assciated individuals used as a methd f cercin, cntrl, revenge r punishment. Mst ften, this is part f a prcess by which the batterer maintains cntrl and dminatin ver the victim. Assciated Individuals and Frmally Assciated Individuals: Spuse, whether residing tgether r nt; Frmer spuses, whether residing tgether r nt; Persns wh are invlved in an nging, intimate relatinship with each ther regardless f whether they currently live tgether r have dne s in the past; Persns wh have in the past had an nging intimate relatinship with each ther regardless f whether they lived tgether r nt; Persns, eighteen years f age r lder wh are bld r step related t ne anther (e.g., brther/sister, etc.). Dmestic vilence ccurs when a family member r assciated individual cmmits r attempts t cmmit the fllwing types f ffenses against anther: Bdily injury r fear f imminent bdily injury Sexual Assault Interference with freedm f mvement A prperty crime directed at the victim Vilatin f a curt rder Criminal Trespass

2 Law Enfrcement Respnse Dmestic vilence cases may include but are nt limited t the crimes f hmicide, rape, assault, dmestic battery, battery, reckless endangerment, burglary, criminal trespass, malicius mischief, kidnapping, unlawful imprisnment, child abuse, and thers. Dmestic Battery Dmestic Battery is the mst cmmn charge in dmestic vilence cases. Hwever, it has a mre restrictive definitin, based n living arrangement rather than intimacy. Dmestic Battery Definitin f Family r Husehld Member: Arrest Persns 18 YOA r lder wh are spuses, frmer spuses, parents r stepparents and children r stepchildren, Persns wh are presently residing tgether r wh have resided tgether in the past, Persns wh have a child in cmmn regardless f whether they are married r have lived tgether A man and wman if the wman is pregnant and the man alleged t be the father, regardless f whether they have been married r have lived tgether at any time Arrest shall be the apprpriate respnse where there is prbable cause. Prbable cause is defined as: evidence, facts, and circumstances f a reasnable trustwrthy nature, which wuld warrant a law enfrcement fficer t believe that a persn has cmmitted r is cmmitting a criminal ffense. This standard is n different than that applied t all ther crimes. When an fficer has prbable cause t believe that a crime is being cmmitted r has been cmmitted, the fficer will make an arrest. K.S.A is as fllws: A law enfrcement fficer may arrest a persn under any f the fllwing circumstances: The fficer has a warrant cmmanding that the persn be arrested. The fficer has prbable cause t believe that a warrant fr the persn s arrest has been issued in this state r in anther jurisdictin fr a felny cmmitted therein. The fficer has prbable cause t believe that the persn is cmmitting r has cmmitted: A Felny; r a misdemeanr,

3 and the law enfrcement fficer has prbable cause t believe that: Dispatcher Prcedures The persn will nt be apprehended r the evidence f the crime will be irretrievably lst unless the persn is immediately arrested; r the persn may cause injury t self r thers r damage t prperty unless immediately arrested; r the persn has intentinally inflicted bdily harm t anther persn; r Any crime, except a traffic infractin, has been r is being cmmitted by the persn in the fficers view. The dispatcher wh receives a dmestic vilence call can prvide the respnding fficer with vital infrmatin that culd save the victim s and the fficer s life. The dispatcher will give a dmestic vilence call the same pririty as any ther life threatening call and will, whenever pssible, dispatch tw fficers t the scene. During the initial call fr assistance, the call taker will attempt t elicit the fllwing infrmatin: Where is the emergency? What apartment? (Have caller give descriptin f the residence, any autmbiles parked in frnt, etc., t help fficers lcate the crrect address); What has happened? Wh am I speaking t? Are yu the victim? If nt, are yu a witness? Has anyne been injured? If yes, is an ambulance needed? Is the suspect present? If nt, a descriptin f the suspect and expected whereabuts. Are weapns invlved? If yes, what kind? Is the suspect under the influence f drugs r alchl? If yes what substances? Are children present? Have fficers been t this address befre? Des the victim have a current prtectin frm abuse rder, restraining rder, r ther prtective rder? If the caller is the victim, if pssible, stay n the line until fficer arrives.

4 Plicy regarding the Cancellatin f a Call: If the dispatcher receives a secnd call t cancel the riginal call, the dispatcher will still send the unit t the lcatin t be sure the family is safe. The dispatcher will advise the caller an fficer will cntact him/her. The dispatcher shuld advise fficers f the callback t cancel call. RESPONDING OFFICER S PROCEDURES Refer t Agency Plicy On Scene Investigatin: After arriving at the scene, if yu are tld yur assistance is nt needed, and yu are nt allwed t enter the residence, yu still need t ensure the safety f the residents. In cases where the riginal call came frm the disturbance lcatin, the fficer shuld make cntact with the cmplaining party and ensure the fficer s assistance is nt needed. The fficers shuld speak with the cmplainant privately, in a lcatin away frm ther parties, t ensure that the cmplainant is free frm cercive influences. The purpse f any n scene investigatin is t determine whether prbable cause exists that a crime has been cmmitted thrugh: interviewing f all parties, recrding statements, preserving the crime scene, and cllecting evidence. When respnding t a dmestic vilence call, the fficer shuld: Attempt t restre rder by separating the parties and calming them dwn: hwever, fficers shuld attempt t keep in view f each ther at all times; Assign anther fficer t check the lcatin fr ther victims, particularly children; Assess the need fr medical attentin and call fr medical back up if indicated; Interview all parties separately (the victim, suspect, and witnesses) using supprtive interviewing techniques; (children shuld be interviewed in a manner apprpriate t their age); After each party has been interviewed separately, cnfer as a team t decide if an arrest shuld be made and/r ther actins taken; When apprpriate, if pssible, take clr phtgraphs f injuries and prperty damage; additinal phts f injuries shuld be taken at a later time t demnstrate further develpment f the injury, i.e. black eye, ther bruises, etc.; Cllect and recrd evidence;

5 If the suspect has left the scene and a crime has been cmmitted, the fficer will als: Cnduct a search f the immediate area; Obtain infrmatin frm the victim and witnesses as t where the suspect might be (at wrk, a relative s r friend s huse); If apprpriate, refer the matter t the investigative unit; Infrm the parties that dmestic vilence is a crime that, withut interventin, may increase in frequency and severity; Infrm victim f available dmestic vilence prgrams and ther agencies which prvide victim services. If pssible, the fficer shuld attempt t btain a handwritten, signed statement frm the victim and any witnesses. Officers must fully dcument their respnse t every chargeable dmestic vilence call n standard ffense reprt. In cases where there is nt prbable cause that a crime has been cmmitted an incident reprt can be taken. In thse instances where prbable cause exists and arrest has nt been made at that time, the fficers must dcument their reasns fr nt making an arrest. The arrest f an accused persn wh is still at the scene f the crime will be made regardless f the victim s stated desire (at the time f arrest) t pursue r decline prsecutin. Remember that an arrest must be made if yu have prbable cause t believe that a crime has been cmmitted r is being cmmitted. Felny Cases In dmestic vilence cases where the fficer has prbable cause t believe that a felny has ccurred r is ccurring: The fficer will arrest the suspect, if present, in accrdance with the departmental arrest prcedures. In all dmestic vilence felny cases, particularly thse invlving persnal injury t the victim, the arrest f an accused persn wh is still at the scene f the crime will be made regardless f the victim s stated desire (at the time f arrest) t pursue r decline prsecutin. A reprt will be referred t the District Attrney fr prsecutin. If the suspect is n lnger at the scene f the crime, the fficer will: Issue an attempt t lcate (ATL) n the suspect; Have that dispatcher bradcast the ATL pick up infrmatin; Place the suspect infrmatin n the interdepartmental summary; and Ntify the fficer s supervisr f the pick up infrmatin. The supervisr will ensure that the suspect infrmatin is transmitted t fficers cming n duty fr the succeeding shift; especially the fficers whse beat cntain the scene f the incident r the lcatin where the victim is presently lcated.

6 If an fficer subsequently arrests the suspect n a felny pick up, the persn will be bked and the pick up cancelled. MISDEMEANOR CASES Suspect still at scene: If a victim f dmestic vilence accuses a family r husehld member r frmer family r husehld member f a dmestic vilence related ffense, the suspect will be arrested and bked (if suspect is present r can be immediately lcated) when the fficer has prbable cause t believe that a misdemeanr has been cmmitted r is being cmmitted. Such an arrest will be made despite any inability r willingness f the victim t articulate the circumstances surrunding the incident and regardless f the victim s stated desire fr prsecutin. The victim des nt have t sign a cmplaint. The arresting fficer will be the cmplaining witness. Let the victim and suspect knw yu are signing the cmplaint t arrest the suspect. If an arrest is nt made, an explanatin f why such actin was nt taken will be included in the reprting fficer s standard ffense reprt r incident reprt. Infrm the victim f available dmestic vilence prgrams and ther agencies which prvide victim services. In many dmestic vilence cases invlving tw participants, BOTH will accuse the ther f an act r acts f dmestic vilence. In these situatins, it is up t the respnding fficer(s) t determine if ne r bth persns are arrested. Officers shuld refer t the sectin n prbable cause t establish whether ne f the parties can be labeled the primary physical aggressr wh causes the ther t cmmit defensive cmbat nly, r whether bth participants instigated dmestic vilence. When determining whether a subject s actins were defensive cmbat, fficers shuld cnsider KSA (Use f Frce in Defense f a Persn), which may help respnding fficers decisin t make r nt make an arrest f subjects invlved. N fficer investigating an incident f dmestic vilence will threaten, suggest, r therwise indicate the arrest f any party fr the purpse f discuraging requests fr law enfrcement interventin by any party. When a participant in a dmestic vilence situatin is arrested, the fllwing steps will be taken: Departmental plicy f arrest/transprt; OR The arresting fficer will: Handcuff the suspect and remve suspect frm the scene t the fficers patrl car; Tell the dispatcher that the fficer is transprting a prisner t the LEC then t jail; After arriving at jail, r while still in the patrl car, if nt dne at the scene: Attempt t btain the suspect s persnal infrmatin necessary fr bking.

7 Read the suspect the Miranda Warning and determine whether the suspect desires t waive Miranda Rights, and give the fficer a statement regarding the dmestic vilence incident. Turn the suspect ver t the custdy f the apprpriate persnnel and cmplete the bking prcess. The fficer wh is dispatched t the call with the arresting fficer will: Assist the arresting fficer with the arrested suspect; Assist the ther fficers in cntrlling the situatin and with the crime scene; Transprt the victim and minr dependent children t the plice department (TPD). Fllw department plicy when transprting members f the ppsite sex. TPD fficers will call BWTF with victim cntact infrmatin (see arrest call back plicy). Suspect gne frm the scene: When a knwn suspect cannt be immediately lcated, but he/she has been accused f cmmitting a dmestic vilence related misdemeanr, fficers having prbable cause t believe that the facts are cnsistent with the accusatin made, will: Cmplete and sign a standard ffense reprt t be turned in at the end f shift. The reprt shuld cntain cmplete infrmatin n the suspect (full name, race, sex, date f birth, and current address); If any f this infrmatin cannt be btained during the fficer s initial investigatin, the investigating fficer will ensure that a fllw up investigatin is cnducted accrding t department plicy. Cmplete the necessary infrmatin fr submissin t the district attrney s ffice. COURT PROTECTION ORDERS The purpse f this plicy is t prvide fficers with infrmatin and guidance n hw t prcess and enfrce curt prtectin rders. Research reveals that nearly ne third f all female hmicide victims in the United States are killed by a husband r byfriend. Anther third f all emergency hspital visits by wmen are due t injuries sustained in dmestic vilence. Children are direct r indirect victims f abuse in mre than half f such dmestic vilence cases. Withut interventin, the pattern f abusive behavir typically escalates in bth frequency and intensity. One imprtant means f interventin is issuing curt prtectin rders that limit r prhibit cntact between individuals in abusive dmestic situatins. Therefre, it is the plicy f this law enfrcement agency t fully enfrce these rders and, t that end, t maintain a system that will prvide up t date infrmatin n these rders t fficers respnding t dmestic disturbances.

8 Often victims f dmestic vilence seek additinal ways t prevent recurrences f the vilence. Officers shuld advise victims in this categry t pursue a curt rder fr prtectin frm abuse. Victims can file these papers themselves at the ffice f the Clerk f the District Curt during regular business hurs r at the YWCA Battered Wmen Task Frce during regular business hurs. Definitin: Order f Prtectin An emergency, interim r permanent injunctin issued by a criminal, civil r dmestic relatins curt that prhibits certain actins typically thse related t physical cntact, harassment, intimidatin r interference with persnal liberty that grants custdy f minr children r that requires that certain actins be taken by the respndent. Enfrcement f Curt Prtectin Orders In rder t be valid, a curt rder issued under the authrity f the Prtectin frm Abuse Act (K.S.A thrugh ) r a divrce actin (K.S.A ) r by a curt f any ther State r Indian Tribe must be signed by a judge and certified. The victim r the victim s representatin shuld send a certified curt rder t the Sheriff s Office and/r Plice Department t verify that an rder is n file and t have it read t the fficer. In either case, the fficer shuld: Determine whether the persn named in the rder as the defendant has been served with a cpy f the rder by: Asking him/her whether he/she had been served with a cpy f the rder and/r calling the Sheriff s Office r Plice Department statin. If the persn has been previusly served a cpy f the rder and is, therefre, knwingly in vilatin f it, he/she will be arrested fr vilatin f a prtectin rder by the fficer and turned ver t the custdy f the apprpriate persnnel fr the bking prcess. The fficer will turn the infrmatin ver t the prsecuting attrney s ffice. If prir service f the individual cannt be verified, the fficer shuld make effrts t btain persnal service t have individuals served. Whether r nt the suspect is arrested at the scene, he/she is subject t pssible prsecutin fr criminal trespass under K.S.A r vilatin f a prtectin rder. Therefre, the existence f such a curt rder and its vilatin require a standard ffense reprt t be made. Many times fficers are called t a dmestic dispute, and ne r mre f the persns invlved demand that fficers remve ther(s) frm the premises. If the respnding fficers d nt have prbable cause t make an arrest and nne f the parties have a valid curt rder in hand r n file with the Sheriff s Office r Plice Department, and if ne r mre f the parties des nt have legal access t the husehld, the fficer will ask the persn t vacate the premises and explain t all invlved the prcedure fr getting a curt rder. A standard ffense r incident reprt shuld be made f the incident.

9 ALL DOMESTIC VIOLENCE INCIDENTS Whether r nt an arrest is made r a ATL pick up is issued, a case number will be btained and standard ffense reprt r incident reprt cmpleted n all dmestic vilence related calls dcumenting the rigin and nature f the call, dispsitin f the parties invlved, and all circumstances surrunding the incident. A cpy f the standard ffense reprt will be sent t the Kansas Bureau f Investigatin in Tpeka, whether r nt an arrest is made. INFORMATION PROVIDED TO VICTIMS OF DOMESTIC VIOLENCE AS REQUIRED BY STATUTE The law enfrcement agency will prvide the fllwing infrmatin t victims in writing: Availability f emergency and medical telephne numbers, if needed; The law enfrcement agency reprt number; The addresses and telephne number f the prsecutr s ffice the victim shuld cntact t btain infrmatin abut victim s rights pursuant t K.S.A , and and amendments theret; The names and addresses f the crime victim s Cmpensatin Bard and infrmatin abut pssible cmpensatin benefits; The phne number and address t the YWCA Battered Wmen s Task Frce. Advise the victim that the details f the crime may be made public; Advise the victim f such victim s rights under K.S.A and and amendments theret; Advise the victim f bnd prcedure and first appearance dcket Advise the victim f knwn available resurces, which may assist the victim. Training f Officers Apprpriate law enfrcement fficers shuld receive training, at least annually, related t dmestic vilence prcedures and available resurces. The District Attrney s ffice alng with the YWCA Battered Wmen Task Frce will participate in training law enfrcement fficers, cmmunity and criminal justice persnnel in handling dmestic vilence cases in Shawnee Cunty. Law Enfrcement will participate in mnthly CCRT meetings.

10 Prsecutin Prsecutrs will aggressively prsecute dmestic vilence t prvide justice thrugh ffender accuntability, safety fr the victim, as well as prtectin f the cmmunity frm future vilence. T that end, the prsecutr will nly apprve r make the referral t treatment fr dmestic vilence perpetratrs t prgrams that fllw the Kansas Standards fr Batterer Interventin Prgrams, r are members f the Kansas Assciatin f Batterer Interventin Prgrams. Prsecutrs will: Attend mnthly CCRT meetings t increase cmmunicatin between agencies, update plicy and prcedure, and update ther agencies n the status f DV cases. Review dmestic vilence cases as first pririty Charge the cases that meet sufficient evidence t prsecute the case. Request the curt t issue a warrant when apprpriate Seek necessary additinal infrmatin befre declining t charge Filing f Cmplaint When reprts have been received by the Prsecuting Attrney, charges will be filed in all cases in the apprpriate Curt where there is sufficient evidence t prsecute. The determinatin that must be made in each case as t its legal sufficiency t be prsecuted will be made by the Prsecuting Attrney. The victim will nt be respnsible fr filing the cmplaint. Dmestic vilence cases will be evaluated in the same manner as is expected in ther cases Dismissal Once a dmestic vilence case is filed, it will be prsecuted thrugh cnvictin and sentencing. Requests made by the victim t dismiss will be refused. Cases shuld nt be dismissed while the defendant is n diversin even if divrce prceedings r recnciliatin ccurs. Dismissals will be allwed nly fr reasns having t d with the legal merits f the case. The ultimate decisin t dismiss a case will be left t the Prsecutr. Victim/Witness Unit will: Wrk clsely with the victim, prviding them with infrmatin regarding rights and resurces, including but nt limited t Crime Victim Cmpensatin, Restitutin, and BWTF services. Wrk cperatively with law enfrcement fficials and victim advcates t prvide victims infrmatin abut curt prceedings

11 Receive adequate training n DV. Victim advcates will receive at least 40 initial hurs f DV/SA training and 20 fllw up hurs per year related t vilence and victim services. DV Staff attrneys and DV legal interns shuld als receive 20 hurs f DV training. Wrk clsely with BWTF and FPI t maintain prtectin f the victim. Will attend mnthly advcate meeting, FPI Advisry Panel meetings, and CCRT meetings. Red flag cases f greatest cncern: Accrding t lethality assessment and/r staff s assessment Will wrk clsely with law enfrcement. Identify Dmestic Vilence cases as Tp Pririty fr prcess servers fr subpenas. Victims Rights The prsecutr will assure that the victim is advised f their rights as a crime victim. The prsecutr will recgnize the BWTF advcate as a supprt persn fr the victim and nt subpena this advcate r their recrds against the wishes f the victim. Use f subpena At the request f the victim the prsecutr will issue a subpena t the victim as a shield against pressure frm the assailant r ther parties ntified t participate in the case as a witness. If necessary, the Prsecutr will issue a subpena t insure the presence f the victim at any hearing. Plea negtiatins the prsecutr shall apprach plea negtiatins with the intent t hld the abuser accuntable and prtect the victim frm further abuse. N less than 12 mnths prbatin will be the standard sentence in DV plea agreements. Sentencing recmmendatins the prsecutr shuld advise the victim f the sentence which may be impsed by the curt. The prsecutr shall attempt t cnsult with the victim prir t entering int a plea agreement r dismissing the case. Accrding t K.S.A the prsecuting attrney shall (1) infrm the victim r the victim s family befre any dismissal r declining f prsecuting charges; (2) infrm the victim r the victim s family f the nature f any prpsed plea agreement; and (3) infrm and give ntice t the victim r the victim s family f the rights. Subsectin (b): The victim f a crime r the victim s family have the right t be present at any hearing where a plea agreement is reviewed r accepted and the parties may submit written arguments t the curt prir t the date f the hearing. The Prsecutrs shall recmmend a state apprved batter s interventin prgram (FPI) in all DV cases. At the time f sentencing, the prsecutr shall present t the curt infrmatin regarding prir acts f vilence, histry f alchl r drug abuse, and any ther knwn relevant infrmatin. Diversin All diversin agreements will include an assessment by certified Batterer s Interventin prgram with the expectatin t fllw all recmmendatins.

12 It will be the standard practice f the District Attrney's Office t nt grant diversins t persns wh have cmmitted a felny within the past fifteen years r a misdemeanr in the past five years. It will be the standard practice f the District Attrney's Office t nt grant diversins in cases where the defendant has cmmitted a persn felny. D nt end diversin prir t written verificatin f cmpletin f BIP, D&A, r ther prgrams frm the apprpriate prgram. Offender Accuntability Prsecutrs will hld ffenders accuntable fr failure t cmply with r cmplete rdered treatment prgrams by filing/supprting apprpriate mtins fr revcatin f bnd/diversins/prbatin. Cunty Curt Services Pretrial All dmestic vilence cases invlving intimate partner relatinships that appear n the dmestic vilence dcket will be placed n pretrial supervisin and assigned a CSO. Other cases may be assigned at the curt s discretin. CSO s will mnitr cmpliance with all cnditins f bnd (DCR3.309). CSO s may request the curt t rder cnditins that will include, but nt be limited t: N cntact/n Vilent Cntact rders with victims. This may include minr children wh were invlved in r witnessed the crime. N pssessin r cnsumptin f illegal drugs and alchl. Orders t submit t randm drug/alchl testing. N weapns in his/her pssessin. N ut f cunty/state travel withut permissin f the CSO. Ntificatin f any change f address. Abiding by all cnditins f DCR Reprting t CSO as directed. Fr all filed cases, this must be dne in persn. Further cnditins may include rders t cmplete a drug/alchl and/r mental health evaluatin where apprpriate, taking all medicatins as prescribed, curfew restrictins, nt perating a mtr vehicle withut valid license, etc. CSO s will address all vilatins f bnd by ffenders n supervisin thrugh the filing f an affidavit requesting the curt t revke such bnd. If the CSO determines a request fr revcatin is nt in the best interest f public safety, the fficer will clearly dcument the basis fr this decisin in the case file and staff the case with his/her supervisr.

13 Prbatin Dmestic vilence cases will include all cases where the victim f the ffense is an intimate partner, spuse, r therwise immediate family member, i.e. minr child. All dmestic vilence ffenders n prbatin will be referred by his/her supervising CSO t cmplete an FPI screen t determine if they shuld be referred t a batterer s interventin prgram. All screens resulting in a recmmendatin fr batterer s interventin will nly be referred t an eligible prgram meeting standards set frth by the Attrney General s ffice. All vilatins f prbatin will be sanctined accrding t the guidelines set frth in the sanctins prgram adpted by the district curt September 9, Cntact vilatins r any thers that affect the safety f the victim and/r the public will be thrughly investigated and acted n immediately. All CSO s will supervise ffenders at the level determined by the Risk/Needs tl. All CSO s will mnitr and enfrce the cnditins set frth in DCR Dmestic Relatins The gals and prcess f mediatin/cnciliatin will be explained t each party. CSO s will cmplete the Family Screening Infrmatin Questinnaire with each party separately. If dmestic abuse is identified as having been present in the relatinship then: All discussin f fear and safety will be addressed with the alleged victim. Apprpriate arrangements will be made fr safety when parties are required t be in the ffice tgether. Cntact infrmatin fr BWTF will be prvided fr any party purprting t be a victim f abuse, as well as any ther cmmunity resurces that might meet their needs. Safety issues will be addressed with bth parties privately with regard t mediatin/cnciliatin sessins. Mediatin/cnciliatin sessins will ccur separately if requested by either party.. CSO s will take measures t address pwer and cntrl issues and determine whether the parties shuld meet tgether. This may include allwing the victim t have an advcate present in individual meetings with the CSO. While an advcate may assist victims in cnveying and understanding valuable infrmatin, they are nt a party t the case and will have n authrity with regard t recmmendatins made t the curt.

14 If the mediatin/cnciliatin becmes unsafe at any time due t dmestic abuse the CSO shuld safely terminate the prcess and/r reprt such cncerns back t the curt. Safe terminatin means the CSO will cnsult privately with the abused party t reaffirm safety planning. A plan will be develped t terminate mediatin in a way that will reduce eliciting a harmful respnse frm the abuser. If fr any reasn, the CSO determines allegatins f abuse are nt valid, reasns fr such will be dcumented cmpletely and the case will be staffed with his/her supervisr. Dmestic Vilence Prgram Victim BWTF will ffer shelter, advcacy, supprtive cunseling, and referrals t cmmunity services fr victims f dmestic vilence. These services will be available 24 hurs daily at n charge. BWTF will attempt t cntact victims when an arrest fr DV has been made. The primary gal f cntact victims is t ffer services and infrm victims f the curt prcess that will fllw the arrest. The secndary gal f the cntact will be t cmplete a risk assessment with the victim t be used t safety plan and prvide additinal infrmatin fr the first appearance dcket(with V permissin). BWTF will be present at curt prceedings when requested by the prsecutin r the victim. BWTF will be respnsible fr crdinatin and facilitatin f the Crdinated Cmmunity Respnse Team (CCRT). BWTF will prvide nging supprt f the victim, assisting him/her in safety planning, the curt prcess, and ther needs. BWTF will prvide assistance t victims f DV needing Prtectin rders. Children BWTF will prvide advcacy, shelter, supprtive cunseling, and referrals t children f victims while in the care f the victim.

15 Batterers Interventin The Family Peace Initiative (FPI) Prgram, while treating the batterer, will fcus primarily n the safety f all: the victim, the children, and the batterer. Tward this gal, the fllwing will ccur: An initial assessment will be prvided. This will include an interview f the batterer. When pssible, it will als include an interview f the victim. If interviewed, the victim will be allwed the pprtunity t determine if the infrmatin prvided can be shared with the batterer. Additinally, they will be prvided infrmatin abut the FPI Prgram, safety infrmatin, and infrmatin regarding BWTF. If fund apprpriate fr the FPI Prgram, the batterer will sign a treatment cntract which requires attendance, participatin, payment fr treatment services (sliding fee scale), and a statement that they will cease being vilent. Acceptance int the FPI Prgram is cntingent upn an agreement that FPI staff can prvide infrmatin t the victim, the curt, the referring agency, and thers n a need t knw basis. This infrmatin will include the fllwing when apprpriate: Serius recidivism Failure t attend scheduled appintments Failure t cperate with FPI staff Failure t assume financial respnsibility Alarming behavir that indicates a significant increase in risk Batterers must remain vilence free fr a minimum f fur mnths prir t cmpletin f the ATB prgram. Cmpletin f the prgram will include, at a minimum: Assessment Orientatin I Orientatin II 24 grup sessins In the event that FPI determines that the batterer shuld nt be in the treatment prgram due t failure t keep the treatment cntract, the FPI prgram will write a reprt and/ r cperate with referring agency and/r prsecuting attrney t ensure accuntability.

16 In the event the Batterer was referred due t vilence twards a child, the cmpletin f Aplgy and Reparatin sessins will be required in the treatment prcess when apprpriate, in additin t the assessment, tw rientatins, and 24 grup sessins. In the event that the Batterer reffends upn cmpletin f the prgram and is again mandated t the prgram, the cmpletin f Aplgy and Reparatin sessin will be required in the treatment prcess where apprpriate, in additin t the assessment, t rientatins, and 24 grup sessins. Cmpletin f the FPI prgram is indicative f their attendance, minimal cperatin, and payment. It des nt assure success, r nnvilence. FPI Persnnel will participate in mnthly CCRT meetings FPI persnnel will prvide written reprts t the curts, prsecutr, and/r referred agencies related t the perpetratr s curse f treatment. Dismissal and crrectin guidelines can include: Serius recidivism f vilence r any recidivism f vilence which is nt self reprted. Failure t attend scheduled appintments. Failure t cperate with FPI staff Failure t assume financial respnsibility fr treatment services in accrdance with the established fee schedule f the prvider agency Alarming behavir that indicates a significant increase in risk.

17 The signing parties have mutually agreed upn this cmmunity prtcl t encurage the criminal justice system t deal mre effectively with dmestic vilence cases. These agencies jin tgether t adpt this memrandum f understanding with the purpse n increasing victim safety, ffender accuntability, and cmmunity awareness. These agencies are cmmitted t eradicating the prblem f dmestic vilence and are willing t hld themselves and each ther accuntable. Rnald Miller, Chief f Plice Tpeka Plice Depart Richard Barta, Shawnee Cunty Sheriff Chad Taylr, Shawnee Cunty District Attrney Cathy Lenhart, Directr Third Judicial District Curt Services Eileen Dran, Directr YWCA Battered Wmen Task Frce Steve Halley, Directr Family Peace Initiative