Duties and procedures Duties and procedures implemented by the police implemented by the police in the event of domestic in the event of domestic

violenceviolence

Duties and procedures Duties and procedures implemented by the police implemented by the police in the event of domestic in the event of domestic

violenceviolence

KHK Frank Uwe BeenßKHK Frank Uwe Beenß

District Police Authorities Märkischer KreisDistrict Police Authorities Märkischer Kreis

- Victim Protection -- Victim Protection -

ContentsContents

DevelopmentDevelopment Legal standardsLegal standards Deployment of patrol servicesDeployment of patrol services Removal from family homeRemoval from family home Special risk situationsSpecial risk situations Tasks of investigation serviceTasks of investigation service Objectives of victim protectionObjectives of victim protection

DevelopmentDevelopment

Shift in dogma in public discussionShift in dogma in public discussion from “what happens behind closed doors from “what happens behind closed doors

is nobody’s business!”is nobody’s business!”

toto

““There’s There’s nono privacy for violence!“ privacy for violence!“

DevelopmentDevelopment

Police deployment codePolice deployment code

fromfrom

family quarrelfamily quarrel

toto

domestic violencedomestic violence

Legal StandardsLegal Standards

§ 1 Police Act NRW § 1 Police Act NRW

Duties of the Police (1) The police have the duty to avert any (1) The police have the duty to avert any

threat to public safety or threat to public safety or security (aversion of danger). security (aversion of danger).

Legal StandardsLegal Standards

§ 34a Police Regulations NRW§ 34a Police Regulations NRW

Eviction from marital home and Eviction from marital home and ban on returning as protection ban on returning as protection

against domestic violenceagainst domestic violence

Legal StandardsLegal Standards § 34a Police Regulations NRW§ 34a Police Regulations NRW

Expulsion from family home and ban on returning as Expulsion from family home and ban on returning as protection against domestic violenceprotection against domestic violence

(1) The Police may (1) The Police may removeremove a person (…) a person (…) from a dwelling from a dwelling in which the in which the

endangered party lives and endangered party lives and from the from the immediate vicinity,immediate vicinity, and and forbidforbid the the

former to return to former to return to this areathis area..

Deployment of Deployment of patrol servicepatrol service

Reviewing and recording factsReviewing and recording facts Identifying / naming suspect(s)Identifying / naming suspect(s) Recording the location of domestic Recording the location of domestic

violence (documenting injuries, housing violence (documenting injuries, housing situation, evidence, children, etc.)situation, evidence, children, etc.)

Reviewing the eviction of the offenderReviewing the eviction of the offender

Deployment of Deployment of patrol servicepatrol service

Drawing up the criminal complaintDrawing up the criminal complaint Preparing a risk assessmentPreparing a risk assessment Drawing up documentation “deployment Drawing up documentation “deployment

for domestic violence” (copy for injured for domestic violence” (copy for injured party)party)

Preparing the written disposition forbidding Preparing the written disposition forbidding the suspect to return (to be handed to the the suspect to return (to be handed to the offender)offender)

Removal from family homeRemoval from family home

When declaring the rWhen declaring the removal from marital homeemoval from marital home:: Customary duration of ban on returning – Customary duration of ban on returning –

10 Tage 10 Tage – by order of the on-site police officer -– by order of the on-site police officer -

The person (…) is to be given the opportunity to take any urgently The person (…) is to be given the opportunity to take any urgently needed articles for personal use with him/herneeded articles for personal use with him/her

Keys to residence are to be confiscatedKeys to residence are to be confiscated Departure from residence / vicinity to be checkedDeparture from residence / vicinity to be checked Reference to offers of help; information material to be issuedReference to offers of help; information material to be issued

Removal from family homeRemoval from family home

The area to which the removal from the family home The area to which the removal from the family home and ban on returning apply is to be and ban on returning apply is to be specifiedspecified and and

described in detail described in detail in accordance with thein accordance with the

requirement for effective protectionrequirement for effective protectionof the endangered personof the endangered person..

In In specific, justified, individual casesspecific, justified, individual cases the actions (…) the actions (…) may be limited to the dwelling and may be limited to the dwelling and

neighbouring premises.neighbouring premises.

Removal from family homeRemoval from family home

This ban on returning can also be issued This ban on returning can also be issued against juveniles – special review of against juveniles – special review of whereaboutswhereabouts

(Notification of youth authorities)(Notification of youth authorities)

Removal from family homeRemoval from family home

Ban on returning is automatically extended Ban on returning is automatically extended by up to max. by up to max.

a further 10a further 10 days days if the eviction is applied for at courtif the eviction is applied for at court

in accordance with the laws on protection in accordance with the laws on protection against violenceagainst violence

The court notifies the police of receipt of The court notifies the police of receipt of this applicationthis application

Particular threat situationsParticular threat situations

Pointers to high-risk case Pointers to high-risk case (offences committed, previous offences, (offences committed, previous offences, mental state of offender ….)mental state of offender ….)

Preparation of a risk analysis by the Preparation of a risk analysis by the criminal investigation departmentcriminal investigation department

Review of further protective actions by Review of further protective actions by police managementpolice management

Tasks of investigation serviceTasks of investigation service

Addressing the person under threatAddressing the person under threat Reviewing the ban on returning at least Reviewing the ban on returning at least

once (usually by regional officers)once (usually by regional officers) Questioning of victimQuestioning of victim Questioning of person involvedQuestioning of person involved Transfer to public prosecutor’s officeTransfer to public prosecutor’s office

Tasks of police victim Tasks of police victim protection systemprotection system

Making very prompt contact Making very prompt contact with victimwith victim

Determining need for counsellingDetermining need for counselling Counselling interviewCounselling interview Naming and/or mediation of Naming and/or mediation of

appropriate advice centresappropriate advice centres Making contact with the offenderMaking contact with the offender NetworkingNetworking

Tasks of police victim Tasks of police victim protection systemprotection system

Preparation of interrogationsPreparation of interrogations Accompanying person(s) to Accompanying person(s) to

interrogations and court hearingsinterrogations and court hearings Cooperation with witness Cooperation with witness

protection officesprotection offices Information eventsInformation events

Polizei

Notfall-seelsorge

LWLVersorgungsamt

SozialdienstKatholischer Frauen

SkFInteressenverband der

UnfallopferWeißer Ring

MärkischesKinderschutzzentrum

Lüdenscheid

Trauma-Ambulanzder HPK

ArbeiterwohlfahrtMK

Jugendämter

Frauenberatungs-stellen

Frauenschutz-Wohnungen

Opferschutz

Many thanks for your attention!!Many thanks for your attention!!

Do you have any questions ?Do you have any questions ?