Module 4: Police investigation and legal proceedings

On November 19, 2011, at 9:27 pm, the emergency call centre received a call. The caller identified himself and stated that he was going to kill his wife He mentioned that he was at home, which led the police to dispatch a patrol car to the location. Upon arrival, the police officers interviewed the man, who explained that he and his wife had disputes about their shared apartments and weekend properties. He also claimed that he was being constantly harassed by his wife and her current boyfriend. He threatened that if the officers did not resolve the matter immediately, he would go to her home and kill her. He repeated this threat several times. The man is already known to the police for previous incidents of domestic violence.

Task for reflection
What measures do you have to take as a police officer?

a) I would advise the wife to resolve the dispute with her partner through mediation.
b) I would prioritise the safety of the victim by immediately obtaining a restraining order against the husband and arranging for her to be relocated to a safe location, such as a women’s shelter for victims of domestic violence.
c) I would promptly escalate the situation to the prosecutor, providing all relevant evidence and advocating for the suspect to be detained pending further investigation due to the imminent threat posed to the victim.
c) I would engage in de-escalation tactics with the husband while ensuring the safety of all parties involved, including closely monitoring the situation and intervening if necessary to prevent any harm.

Spring 2016

Family F. has been living with two small children in their own apartment for a short time when Mr. F. became unemployed. Mrs. F. is able to scale-up her office activities; she is working from home since she is self-employed, and thus, she can ensure that the loan on the house can continue to be paid off. She notices how much her husband suffers from the situation and supports him as best as she can.

August 2016

The situation between couple F. has become very tense in the meantime. Since the children have been in the day-care centre during the day, Mr. F. uninhibitedly unleashes his disappointment and anger about the turning-down of his job applications and related financial issues by criticising and humiliating his wife.

Mrs. F. suffers so much from the accusations that she proposes marriage counselling. She has great hope that everything can be improved. She feels that her husband has changed in his behaviour completely, but she firmly believes that he will be back to his old self if he can find work again.

To Mrs. F.’s surprise, Mr. F. reacts violently to her suggestion to get help and strikes his wife in the face. Mrs. F. is desperate but considers this to be a one-off slip.

October 2016

Slaps in the face, shaking and bumps are now part of the weekly routine. Mrs. F. defends her husband’s behaviour from herself, hides it from others and hopes for improvement through a new employment of her husband.

August 2017

Over the summer, the situation has relaxed a little with the children at home during the summer holidays. Mrs. F. is hopeful because her husband is now also starting to work short time.

September 2017

Mrs. F. can breathe a sigh of relief during the day because her husband is out of the house. In the afternoon and evening, she spends every minute with the children, and also mostly sleeps with the children at night; she almost convinced herself that the children have problems falling and staying asleep and that at least her husband has to sleep through.

December 2017

Mr. F. is once again unemployed and from one day to the next he resumes to the old pattern of accusations, humiliation, and assaults against his wife.

A poster in the day-care centre draws Mrs. F.’s attention informing her that there is a hotline that gives advice to women who are exposed to domestic violence. The advertisement seems familiar to her, she must have passed it countless times. But for the first time, she connects it with herself. However, she does not consider her situation serious enough that she would need help for herself.

February 2018

The incidents of domestic violence occur at shorter intervals, and it becomes increasingly difficult for Mrs. F. to explain or hide her erratic and desperate behavior, her broken relationship and her numerous injuries from her family, her circle of friends and her children’s social environment. She withdraws more and more.

September 2019

The F. family is now almost completely isolated: their social environment at first reacted more and more uncomprehendingly to the many cancellations, becoming increasingly disappointed and irritated as disputes arose. Finally, their environment withdrew with resignation. Many attributed the situation to the family’s noticeably tense financial situation and assumed that everything would be the same when this difficult phase was over.

After a particularly violent incident of physical assault in the bedroom in the evening, which Mrs. F. suspects the children may have heard, Mrs. F. calls the nationwide help line for violence against women. It helps her to have someone who listens to her with understanding.

October 2019

Again and again, Mrs. F. calls the hotline after incidents. Finally, she also asks to be referred to a local advice centre and comes under increasing pressure because she realises that her children now also know and understand more than she would like them to know. Nevertheless, the step to filing a complaint and/or a separation seems impossible for Mrs. F.

From another mother from her neighbourhood, Mrs. F. learns that the police also advise citizens anonymously. She has never been in contact with the police, she has great respect and rather little trust that someone there could understand her situation. Nevertheless, she finally calls her districts’s victim protection officer with a suppressed telephone number. Surprised to be informed calmly, not to be condemned or pressed to report the case, she finally takes more courage. The police’s advice made her all the more aware of what she actually knew long ago: there is no easy way out and her family life is too disrupted to continue hoping for change. At the same time Mrs. F. is aware that she will never have the strength to oppose her husband alone or to pronounce the separation.

November 2019

Mrs. F. is accompanied to the police by her counsellor from the women’s facility and files a complaint. Her counsellor has informed the police about this case in advance and so a police officer, who is trained for cases of domestic violence and has already dealt with a large number of such cases, takes up her complaint. Her counsellor stays with her the whole time. During the interrogation, in which the officer proceeds very carefully and emphatically, Mrs. F. senses that there is apparently a relationship of trust between the counselling centre staff and the police officer, which makes it easier for her to report her ordeal. The police officer also asks her about her current and her children’s current situation of danger. Mrs. F. cannot assess the situation and is afraid of confrontation with her husband. She is informed about her rights as a victim, the further course of the criminal proceedings and the police protection possibilities. The police officer informs the youth welfare office about the situation with Mrs. F.’s knowledge.

Mrs. F. takes the courage to call her brother from the police station and informs him of the situation. He immediately leaves his workplace to take her and the children in overnight.

After the report was filed, Mr. F. was visited by the police and expelled from the shared flat. Mr. F. appears completely surprised and extremely angry to the police officers. He cannot believe that he is being expelled from the flat. After he has been made aware of the legal situation and has received information from the police officers about emergency shelters as well as counselling possibilities, he firmly agrees to stay away from his wife and children until further notice.

Mrs. F., supported by her counsellor in the women’s protection centre, takes the opportunity to apply to the Family Court for a protective order.

December 2019

During the three-week police investigation, Mr. F. exercised his right to refuse to give evidence and was represented by a lawyer. Mrs. F. is able to conclusively demonstrate the longstanding violent relationship in her renewed interrogation; again, she is accompanied by her advisor from the women’s protection agency. A hearing of the children is waived due to their age. After the release from medical confidentiality, medical documents from Mrs. F.’s family doctor are included in the procedure, which substantiate the information provided by Mrs. F.

After completion of the investigation, the police will send the criminal complaint to the competent department of the Office of the Public Prosecutor for cases of domestic violence for further decision.

A family court will decide on the rules of contact concerning the couple’s children. In later court proceedings, Mr. F. is convicted of multiple bodily harm and is instructed to take part in anti-violence training.

There are no definitive indicators, but a person may likely be the primary aggressor if he or she:

• critically demeans his or her partner out of righteous anger rather than fear.
• appears overly calm and confident, showing no fear of legal consequences.
• is overly charming or charismatic.
• has a history of intervention orders, arrests, or convictions related to domestic violence.
• discusses the incident vaguely and generally, with details inconsistent with known facts.
• has injuries more consistent with being the aggressor, such as scratches on his or her arms and hands.
• exhibits a sense of ownership, entitlement, or obsession about his or her partner.
• criticises the ‘system’s’ (for example, courts, police) response to domestic violence.
• focuses on his or her rights being violated rather than the violence he or she experienced.
• regards children as his or her property, believes his or her children need to show respect and to be ‘taught lessons’, and is unable to focus on their needs.
• tries to manipulate the assessor into believing he or she is the injured party.
• evades questions and attempts to control the conversation.
• leaves the assessor feeling manipulated through verbal persuasion.
• appears to have power and control over his or her partner.
• has a secondary motive, such as a family court matter or an affair.
• denies any wrongdoing and takes no responsibility for the situation.
• lacks empathy for his or her partner’s emotional experiences.

There are a number of ways that a person may be misidentified as the primary aggressor:

• Assuming both are equally violent or equally at risk: It is very uncommon for both people in an intimate relationship to be using and experiencing violence of equal severity, risk and consequences.  There are rare situations where the violence is mutual, with both people using violence against each other (apart from when the victim using violence to defend himseld or herself).
• Misidentifying the victim as the perpetrator: Where victims are using violence in self-defence or to prevent an impending attack, to defend children or others, or as an act of resistance or retaliation they are often misidentified as the primary aggressor. The risk of identifying the victim as the perpetrator is increased when the victim does not want to identify themselves as the victim. This can lead to a number of consequences for the victim including further isolation, losing the care of his or her children, increased use of coping mechanisms like alcohol or drug use, difficulty accessing services or reporting future violence, and an increased risk of harm.  
• Misidentifying the perpetrator as the victim: This can occur when the victim engages in act of violence in self-defence or to prevent an impending attack, to defend children or others, or as an act of resistance or retaliation.  In such cases the primary aggressor can use the victim’s violent act, and any injuries sustained as a result of this violence from the victim, to hide their own abusive and violent behaviour. In these situations the perpetrator may be referred to inappropriate victim-focused services, may gain confidence and increase the severity of violence or children may be placed in danger

The victim, children of the victim or neighbours send an emergency call, and patrol officers enter the apartment.

Task for reflection
What measures are available to you in case of such an operation?

4:34 p.m. Argument in the parking lot of a shopping mall

An outcry from Mrs. E. is audible when her head hits the roof of the car above the driver’s entrance. Passers-by then notice a loud argument and scuffle between the couple. When the couple gets into the car to start driving, a driver blocks them with her vehicle. Mr. E. then flees.

4:37 p.m. Emergency call at the emergency control centre

One of the bystanders calls the police.

4:50 p.m. Police car arrives on scene

The report of Mrs. E. and the witnesses cannot fully clarify what happened. Witnesses say that they have seen that Mr. E. was violent towards Mrs. E. HOWEVER, Mrs. E. said that they had merely argued, whereupon she got into the car frantically and injured her head. They continued to fight afterwards and wanted to drive home but were prevented from doing so. Mr. E. had probably fled in panic, because of the violent verbal attacks by bystanders.

The police officers took down the statements and personal details of the witnesses and of Mrs. E. During this process, Mrs. E. is also asked questions which serve to assess the danger of being attacked again. Mrs. E. refuses a medical examination and is informed of the possibility of having her injury documented in a violence protection outpatient clinic in the following days in a legally secure, cost-free and, if necessary, anonymous manner. After Mrs. E. has been informed about her victim rights, one of the two policemen sensitively addresses the issue of domestic violence and points out the possibilities of specialised counselling and the proactive approach. Mrs. E. listens to these hints and the explanation of police protection options (judicial protection order according to the Protection against Violence Act, approaching endangered persons, expulsion, accommodation in a women’s shelter), but remains firm that everything is fine at home. She refuses any support and the information flyer offered to her. Since the overall circumstances indicate a case of domestic violence, the police officers inform Mrs. E. that they are initiating an investigation against her husband for physical injury and hand her a victim protection leaflet with the police’s case number.

Mrs. E. finally makes her way home alone and, because of her head injury, by public transport.

7:14 p.m. Emergency call in the control center

An emergency call is received at the control centre from neighbours due to disturbing noise in Mr. and Mrs. E.’s apartment.

7:35 p.m. Police intervention in the apartment of couple E. 

Two police cars arrive at the address of the couple since the afternoon’s operation and the address of couple E. are already stored in the police system. The police officers assume that there could be another incident of domestic violence. The police crew entering the apartment immediately see that the couple and Mrs. E.’s mother are intoxicated. When questioned separately, all three parties trivialize the incident and state that they were upset that Mr. E. had fled in the afternoon, leaving his wife alone with the police and a head injury. As there are no visible injuries either to Mr. E. and Mrs. E.’s mother, and there are no concrete indications of a criminal offence, those present are urged to remain calm and are informed that if the police are called in again, a report of an administrative offence will be made for disturbing noise.

9:44 p.m. Emergency call in the operations centre

Again, an emergency call from the neighbours for disturbing the peace. The neighbours say, “Things are really getting lively next door. I think they’re having another one of their problems.”

10:10 p.m. Police action at the home of couple E. 

Due to the suspicion that this is a case of domestic violence, two police cars arrive again. Among them are police officers from the previous operation in the apartment of family E. They find that the degree of alcohol intoxication of couple E. as well as of Mrs. E.’s mother seems to be much higher compared to the previous visit. Furthermore, all those present show traces of blood, injuries to hands, arms, and face. Mr. E.’s injuries are particularly serious.         

Once again, all three persons are heard separately, whereby Mrs. E. and her mother state that Mr. E. began to become violent towards them and they had to defend themselves.

Mr. E. breaks down crying in front of an official and says that he could not stand the violence by his wife and mother-in-law which had been going on for years and that he did not know what else to do that evening but to become violent as well. In spite of his strong intoxication, Mr. E. appears credible and provides conclusive information about the crime and the violence to date.

Mrs. E. and her mother are confronted with the information provided by Mr. E., whereupon they react verbally in a very aggressive manner, and both want to attack Mr. E. in order to “show him what it means to spread such lies about them”. Further violent assaults on Mr. E. can be prevented by the police forces deployed.

Mr. E. wants to leave the apartment and can only be accommodated in a homeless shelter due to the lack of a special accommodation for men as victims of domestic violence. He would like to contact a counselling centre for men affected by domestic violence the very next day and have his injuries documented in an outpatient violence protection clinic. In contrast to Mrs. E. and her mother, he agrees to immediate medical treatment of his injuries. To treat his injuries, Mr. E. is driven to the nearest hospital by an ambulance car. From there, he goes to the emergency shelter on his own. Once again both women reaffirm that they only “had to defend themselves” against the attacks of Mr. E. As a result, the police assesses the risk of Mr. E. becoming the victim of violent assaults by his wife and her mother again as very likely.

In the following days and weeks

In the course of further investigations, the witnesses of the first argument in the parking lot and a neighbour of the E. family are questioned by the police. Mr. E. makes an extensive statement to the police, in which he again describes the development and successive increase in violence against him, as well as his fear that someone may discover that he is a victim of violence in his relationship.

The forensic medical report of the violence protection outpatient clinic is also included in the investigation, which supports the course of events as described by Mr. E. Mrs. E. and her mother only make statements regarding the criminal charges of assault against Mr. E. In doing so, they stick to their original version that Mr. E. caused the escalation of violence but become entangled in contradictions which are documented. With regard to their charge of grievous bodily harm against Mr. E., both make use of their right to refuse to give evidence.

Mr. E. seeks advice from a specialised counselling centre for men affected by domestic violence. He is granted the sole use of the marital home.

After four weeks, the police investigations are concluded with the result that Mr. E. has apparently been a victim of violence by his wife and her mother for years. Both incidents are sent to the Special Department for Cases of Domestic Violence of the District Attorney’s Office for further decision.

The victim comes to a police station and files a complaint without any current incident.

Task for reflection
What measures are available to you?

• Personal contact with injured parties/victims
• Spatial separation of the parties involved
• Preventing the perpetrator from influencing the victim
• Documentation of spontaneous statements by the victim
• Documentation of the crime scene (e.g., destroyed home furnishings)
• Identification of witnesses in the area of perception
• Meaningful documentation of injuries with the possible involvement of forensic medicine (e.g., photos)
• Physical examination of the victim by a doctor
• Use of the form for consent to the disclosure of personal data (doctors’ declaration of confidentiality)
• Examination of a high-risk case and, if necessary, initiation of appropriate measures
• Questioning witnesses and initiating criminal proceedings (utilising the victim’s willingness to testify)
• Informing the victim about the legal possibilities
• Referral to intervention centre or other support facilities (e.g., women’s shelter), victim protection officer
• Handing out available information material on support services
• Transmission of counselling needs to the responsible intervention centre with the consent of the victim
• If children are present, notify the youth welfare office immediately in all cases
• Accompaniment to the shelter or child protection service in case of increased risk assessment
• Accompaniment to the home in case of increased
  risk assessment

• Implementation of necessary measures to avert danger, taking into account proportionality (e.g., expulsion, expulsion from the home, preventive detention)
• In the case of expulsion from the home: information about the type, scope and duration of the expulsion, possibility of taking everyday necessities with you, securing the keys to the flat, naming the new postal address
• Instruction as the accused and questioning of the accused
• Documentation of facts that support the risk prognosis
• Realisation of criminal procedural measures (e.g., search, seizure of evidence, blood sampling, arrest)
• Handing out information material
• Transmission of the need for counselling to the responsible offender counselling service with the person’s declaration of consent

In order to effectively combat domestic violence, perpetrators must come to terms with their violent behaviour, which is usually only possible with professional help. For this purpose, there are counselling centres for perpetrators of domestic violence. In long-term counselling processes, a non-violent approach to relationships is developed. The work with perpetrators is geared towards ending violence in the long term by changing their behaviour. It has a preventive effect and thus serves to protect victims.

• They believe they are to blame for the prevailing situation.
• They alert the police or neighbours out of fear.
• They try to keep the father/mother back in order to protect the mother/father and are abused themselves as a result or become involved in the conflict.
• They take on the role of parents within the family, sometimes also for their siblings.
• They are overwhelmed by their parents and are functionalised as the only source of comfort and contact.
• They avoid expressing their feelings and experiences.
• They protect their parents. (“They do not want to be the son of a criminal.”/”They do not want to lose their parent.”)
• They no longer recognise their parents as authority figures.
• They lose their bond with their parents because they do not understand their behaviour.
• They avoid contact with friends within their home environment.
• They adopt their parents’ behaviour.

Observed and experienced violence significantly impacts children and adolescents, leading to emotional, physical, and cognitive impairments. Persistent violence can cause trauma, manifesting as sleep disorders, difficulties in concentrating, depressive moods, increased irritability, or aggression. Severe injury or death of a parent can disrupt the child’s entire life. Domestic violence also affects learning problem-solving patterns and can lead to future violent behaviour and experiences. Consequently, children and adolescents suffer a significant loss of quality of life, social integrity, and development opportunities.

The accumulation of such experiences is linked to problematic substance use, suicidality, post-traumatic stress disorder, and juvenile delinquency. These experiences increase the risk of further victimisation. In children who have endured multiple victimisation experiences, especially related to sexual violence or parental abuse, the risk of new victimisation increases up to seven times compared to those without such histories. Witnessing domestic violence between parents quadruples the risk of new victimisation experiences.

The cumulative effect of these experiences profoundly impacts the mental health and overall wellbeing of children and adolescents, significantly increasing the likelihood of further victimisation and associated challenges.

Find more information about the impact of domestic violence on children and adolescents in Module 2.

Criminal, civil, family, and administrative pre-trial/hearing processes that are non-biased and sensitive to the specific needs of victims of domestic violence are essential to guaranteeing their right to justice. Essential pre-trial criminal justice services reflect the international obligation of the state and its justice service providers in exercising primary responsibility for investigation and initiating prosecution while balancing the importance of empowering victims to make informed decisions regarding their interactions with the criminal justice system.

Pre-trial/hearing processes in criminal justice matters include bail hearings, committal hearings, selection of charges, decision to prosecute and preparation for criminal trial. In civil and family matters they include interim child custody/support orders, discovery procedures in civil cases, and preparation for trial or hearing. In administrative law matters, such as criminal injuries compensation schemes, it is recognised that this can be pursued in the absence of or in addition to criminal and/or civil cases and include providing supporting documentation for applications.

Although the pre-trial process is only a small part of a police officer’s job description, the following most important aspects should be kept in mind to know what happens after your job is done.

• The primary responsibility for initiating prosecution should rest with the justice service provider and not with the victim.
• The victim has to be informed about any decisions concerning prosecution, unless they indicate that they do not want this information.
• Any decision not to proceed should not be based solely on the fact that there is no medico-legal report or that the report is inconclusive.
• All relevant information has to be gathered. This could also include the psycho-social context of the violence, medical, forensic, and other relevant reports, and information.

Victims of domestic violence who are involved in criminal and civil justice processes at the trial stages can feel vulnerable and overwhelmed by the justice system or be re-victimised through the treatment of justice service providers. International victim’s directive and standards call for measures to prevent further hardship and trauma that may result from attending the trial itself. They should also ensure that trial processes maximise the survivor’s cooperation, promote their capacity to exert agency during the trial stage while ensuring that, in criminal matters, the burden of seeking justice is on the state. The justice services are considered essential during the trial processes and reflect internationally agreed-upon model strategies, including friendly and enabling court environments for victims to feel safe and comfortable while recounting what they have experienced, procedures to minimise re-victimisation, and the application of evidentiary rules in a non-discriminatory manner.

If possible, a social worker can accompany the victim through the several stages of the legal processes. In some European countries this service is available on request.

The role of NGOs is essential to support the victims in this phase of the trial. Alongside the work of a lawyer, they have the skills to facilitate this period of stress and uncertainty, regarding housing, shelters, financial aid, and children by providing psychological support for victims.

The justice system can play an important role in preventing future violence, both by sending a strong message to the community that domestic violence will not be tolerated but also in its role in ensuring the accountability and rehabilitation of perpetrators and by reducing relapse rates. The international norms and standards urge states to develop and evaluate treatment and reintegration/rehabilitation programmes for perpetrators that prioritise the victims’ safety as well as to ensure that compliance is monitored. These standards also urge states to ensure that there are appropriate measures in place to eliminate domestic violence.

Post-trial processes include corrections as it relates to protection of the victim, minimising the risk of re-offending by the offender, and the offender’s rehabilitation. It also covers prevention and response services for victims who are detained in correctional facilities, and for victims in detention who have suffered domestic violence.