Photos of domestic violence are important evidence, both in proving abuse and in disproving it. The photos which follow are not pleasant, so be advised you may not want to view them. They are four sequential photographs over several months. It is important to remember that while most victims of domestic violence are women—and this women is certainly a victim—not all abuse is by men toward women. It is important to remember that there are six types of cases covered by our statute, and that all six occur on the docket almost every order of protection day.
Know Your Department's Policy
Most departments have specific protocol officers must follow when they respond to a domestic violence call. However, only a few departments include specific protocol for officer-involved domestics. Do not rely on what your batterer tells you about department policy or about the Gun Law. Get a copy of your local department's policy yourself. If you live outside his jurisdiction, then you need policies from his employing department and from your local (responding) department. Ask your domestic violence agency to request the policy if you are worried that going to the department yourself could put you in greater danger.
The policy will tell you what responding officers are supposed to do when they answer your call. If they don't follow the policy, make sure you document their failure to do so. A police department is liable for what is in their written policy.
What to Look for in the Policy
Are the responding officers required to call a supervisor to the scene?
Are they required to write a report?
Who conducts the investigation and follow-up?
Are the officers required to provide you with a list of special resources?
Is an officer who is subject to an Order of Protection required to tell the department about the Order?
Police Responsibilities
When police respond to a domestic violence call, officers are to use all reasonable means to prevent further abuse. In most states, whenever an officer believes that abuse has occurred s/he is required to take steps to prevent further abuse, including to:
Provide or arrange transportation for you to a medical facility for treatment or to a place of safety.
Accompany you to your home for a reasonable time to collect your personal belongings.
Offer immediate and adequate information of your rights including your right to obtain an Order of Protection or to begin criminal proceedings.
Provide referrals to local domestic violence agencies.
Advise you to preserve evidence such as torn clothing, damaged property, and photos of injuries or damages.
The Written Report
Before the officers leave the scene, ask them for the report number. They may say there is no need for them to write a report, but in most states police are required to make a written report each time they respond to a domestic violence call. Even though you may want to avoid any more confrontation, if the police do not respond in an appropriate manner insist that they call a supervisor or commander to the scene. Also get the name and badge numbers of the responding officers.
Read the report for accuracy
The incident report is supposed to be an unbiased written record of the responding officers' observations, summaries of witness statements, and descriptions of seized evidence. Whatever s/he writes will affect your case's outcome. Whatever the officer decides or agrees to include becomes part of the official story. Whatever the officer decides to exclude or to "forget" does not get reported. The responding officer is the first person who determines the official record of any police activity. The report may reflect the department's attitude towards officer-involved incidents.
If the police report is inaccurate, ask a supervisor or commander to allow you to amend the report so that it also states your side of the story. Get copies of the original and the amended reports. Make duplicate copies of both and keep them in a safe place. That way you are sure to have copies in case the originals are somehow "lost".
Collecting Evidence
Photographs of injuries and property damage
Responding officers or investigators should take photographs of your injuries at the scene. Investigators should also ask to take additional photos, approximately 24 hours and 48 hours later because bruises and injuries develop over time.
Responding officers should also take photos of any damaged property. Pictures of furniture turned over, holes in walls, smashed dishes, ripped clothes, a phone pulled from the wall. Anything that shows evidence of violence or of a struggle is valuable evidence. If your abuser broke into your home, there may also be scratches on door frames or broken windows.
Take your own photographs too
It's a good idea to have someone else take photos too. If you need medical attention, ask the doctor or hospital take photographs so they are in your medical record. If you do not seek medical attention, ask a friend to take photos, and then date and sign them. If possible, use a camera that prints the date and time on the film.
Having your own set of photos preserves your evidence in case the department's official photos are "lost" or "misplaced".
Arrests
In most states, an officer may make an arrest if s/he has probable cause to believe that a crime was committed. This means s/he does not need to witness the crime to make an arrest, but can rely on evidence at the crime scene, including what the victim tells her, torn clothing, victim injuries, destruction of property in the home. For information on your state's domestic violence laws, please refer to the Women's Law Initiative website.
The officers may try to talk you out of pressing charges and having your abuser arrested. Many times police look the other way when a fellow officer or firefighter is involved in a domestic. The response you get from the responding officers, their supervisor, and even from the chief depends on their personal integrity and the department's liability.
GET HELP BEFORE YOU END UP LIKE HER
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