Domestic Violence and Related Matters - Assignment Example

Domestic Violence and Related Matters Your name:   Course name:         Professors’ name: Date: Insert 1: 250 words: Initial response a) What information you have received Information we received was that a victim’s neighbor heard loud verbal argument between the victim (woman) and her husband. The verbal argument turned in the victim screaming. Additionally, we were also informed that the coupled lived with their child who was 5 years old. b) The source of your information The source of information was from a neighbor who heard verbal argument between a male and female, and that argument made the woman to start to scream. This was supported by VKR which informed us there was an argument between a woman and her husband. And that the two couple were living with their 5 years old boy. c) What checks should be conducted. In domestic violence, a woman who has experience some form of violence will show some of the following behaviors or characteristics: not wanting to see friends; lack of self-confidence; making excuses for physical injuries; loss of energy and sadness; visible physical injuries; and reducing or ending her participation in activities. While a child that has experience domestic violence or who has witness to other violence in a home setting most likely will show some of the following behavior or characteristics: fear of the dark; clinging to mother; increased violent behavior; problems in school; withdrawal from play, activities or friends; verbal abuse or talking back; and shyness. Perpetrators of domestic violence often deny their abusive behavior. While the victim of the abuse may hide the abuse because of being threatened, or shame that is associated with the abuse, or an assumption that it will stop on its own, or a belief that it their fault. Therefore, a police officer investigating a domestic violence should check on the above signs. Insert 2: Arrival at the Scene Under Section 67 (1) of the Domestic and Family Violence Act 1989 gives power to the police officers to investigate domestic violence if the police officer suspect that an individual is an aggrieved. In other words, if a police officer suspects that an individual is the one for whose protection a protection order should be instituted under the family violence legislations could be made, the police officer is required under the law to investigate, or he will be made to investigate, the circumstance or complaint on which the reasonable suspicion of violence is based until the police officer is fully satisfied that the domestic violence suspicion is unfounded. During the process of the investigation, a police officer under the law has been empowered, but not obliged, to take other action or apply for protection order if the police officer believe the victim of domestic violence needs protection and that there is sufficient reason for the police officer to take action. Section 160 of the Police Powers and Responsibilities Act 2000 gives police officer powers of entry, inquire and inspect of the public places. For example, a police officer under the law is permitted to enter a house. While under Sections 149 (1) it is a criminal offence of obstructing a police officer from investigating an offence. Under the same section, the police officer is required to first mentioned to the person preventing him/her from investigating an offense that he/she is hindering, obstructing or resisting the police officer from performing his/her official functions. In the case study, before the police arrest the person for obstructing him/her from performing his/her duties effectively, he/she must first inform that person that he is obstructing him/her from performing his/her duties of investigation at the house. Insert 3: Is there Domestic Violence In most cases domestic violence works, because most male counterpart will abuse their partners because they want to maintain power over the woman and cause the woman to do what the perpetrator of domestic violence wants. In Queensland, perpetrators of domestic violence repeatedly use this tactic to maintain control over their victims. This can be related with the occurrence in the case study, whereby police have been to the mentioned address on two previous occasions, but no action was taken on the perpetrator of the domestic violence. Rarely do genetics, substance abuse, illness, stress, or problems in any relationship will cause domestic violence, though these conditions in most situations are used as excuses to cause violence. In most cases, the perpetrator will direct violence against their partners, if there are no other witnesses (except for the children), and not anyone who will cross on the perpetrator path. In the case study, Guy started verbally abusing Molly when he returned home from drinking at the local tavern, and this behavior has occurred several times in the past 12 months since Guy lost his job at the local IGA. Another sign that abuse has occurred in the house is the broken phone which Guy grabbed when Molly tried to call the police for help, and the marks in Molly throat inflicted to her when Guy attempted to strangle her when she tried to call for help. The type of relationship that exists between Guy and Molly is that of abusive relationship. This can be supported by Molly when she stated that domestic violence against her has been going on for the past 12 months, and has occurred more frequently since her husband lost his job at the local IGA. Moreover, Molly is fearful of Guy’s outbursts. The responder in the case study in Guy perpetuate domestic violence against his wife, while the aggrieved party in this case study is Molly who is being verbally and physically abused by Guy. For example, in many occasions Guy attempted to strangle Molly while verbally abusing her- ‘stupid, dumb bitch’. Other relevant party to be considered in the investigation is the couple’s 5 years old son. In most situations, children who see their mothers being physically abused will be traumatized from the rest of their life’s and they tend to be violence towards other people such as friends. Insert 4: Interviewing the parties Statements from the parties involved in the domestic violence investigation will play an important role in the criminal systems. In the case study, the police officer may video or audio tape the parties involved when giving their side of the story. The police officer may ask the parties involved to write down what happened or the police may write it down the statement for parties involved. In the case study, I will write the both the responder and perpetuator statement and ask them to read their statement and sign it. It is important for a police officer to read a written statement of the parties involved in the domestic violence and then they must confirm it as a complete accurate before they can sign because their statement will be used in court. As a police officer I will institute criminal charges against Guys. Under Section 245 (1) of the Criminal code Queensland, Guys will be charged with common assault on Molly. In the legislation, a person who touches, strikes, or applies force of any kind to, the person of another, either directly or indirectly, without the consent of the other person. In the case study Guys is said to assault Molly. Under s.20 of the Queensland Crimes Act, Guys will also be charged for threatening to kill Molly. I will also charge Guys with willful damage against the property. If Molly does not want Guys to be charged with either assault or willful damage, then as a police officer in charge of that case I would tell Molly to write a written statement why I should not charge her husband with the offense. I will also ask Molly to provide me with evidence pertaining to why the case should not go forward. In this case evidence will come in the form of written statement or documents by a person who is either a witness to the incident who started the case in the first place or have relevant information that will criminalize the suspect. Read More