|
Law Enforcement Policies/Protocols
Law Enforcement officers have a very important role in responding to Domestic Violence. Because Officers are often the first to respond to the Victim's call for help, their actions and attitudes have a tremendous effect on the future behavior of both the Victim and the Abuser.
Frequently Asked Questions regarding Law Enforcement Policies/Protocols:
What Caused Many Police Departments to Consider Writing Domestic Violence Policies/Protocols?
Why Should Police Departments Have a Written Policy/Protocol Which Addresses Domestic Violence?
Does the Law Mandate Written Domestic Violence Policies/Protocols?
View Sample of Law Enforcement Policies/Protocols
Go to Frequently Asked Questions sub
page
What Caused Many Police Departments to Consider Writing Domestic Violence Policies/Protocols?
In 1982, a classic case of Domestic Violence occurred in Torrington, CN that left the Victim permanently disabled. Tracy Thurman had become a recurrent Victim of her former husband. She sought help from her local police department and was given less than the legal support any crime Victim should have received. In a final incident of aggravated battery, the police proved ineffectual. Thurman successfully sued the Police Department. Many Police departments nationwide have seriously reviewed their own policies since that time.
Back to Questions
Why Should Police Departments Have a Written Policy/Protocol Which Addresses Domestic Violence?
The Illinois Domestic Violence Act states that every Law Enforcement Agency must implement written policies regarding arrest in domestic violence incidents consistent with the Act.
Historically, Law Enforcement have not viewed their legal responsibility to intervene in a "domestic situation." There are still Police Departments that do not have written policies which reflect a criminal action response to Domestic Violence despite a mandate in the Illinois Domestic Violence Act to do so.
Back to Questions
Does the Law Mandate Written Domestic Violence Policies/Protocols?
YES. The consequences of inadequate Police response and growing community concern about domestic violence formed the basis of the
Law Enforcement Responsibilities Section of the Illinois Domestic Violence Act.
Under the Illinois Domestic Violence Act, "every Law Enforcement Agency shall develop, adopt, and implement written policies regarding arrest procedures for Domestic Violence incidents consistent with the provisions of this Act."
Further, each Department is "encouraged to consult with community organizations and other Law Enforcement agencies with expertise in recognizing and handling Domestic Violence incidents." (750 ILCS 60/301.1 for the site in the Illinois Domestic Violence Act in civil law and
725 ILCS 5/112A-27 in criminal law.)
Considering the results of the Tracy Thurman case, as well as the legislative requirements, it is clear that Law Enforcement agencies are mandated to develop and review their Domestic Violence policies/protocols.
Back to Questions
View Sample of Law Enforcement Policies/Protocols
Contact the Illinois Coalition Against Domestic Violence to find out some of the Police Departments in Illinois that have written Domestic Violence Law Enforcement Policies/Protocols pursuant to the law.
Here is a sample Domestic Violence Law Enforcement Policies/Protocols outside of Illinois that is available through the Web:
The Metropolitan Police Department in Nashville, Tennessee devised a written policy/protocol which became effective December 31, 1995.
Back to Questions
Go to Criminal Court and Prosecution of Domestic Violence Crimes sub page
Go to Frequently Asked Questions sub
page
|