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DV within LE

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Posted over 6 years ago

 

I would like to discuss the issue of Domestic Violence -Officer involvement.

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Rate This | Posted over 6 years ago

 

If an officer commits DV, they will be no longer be an officer. Anything else?


Hello my name is Inigo Montoya, you killed my father, prepare to die.

"It's not a constitutional violation for a police officer to be a jerk." Supreme Court Justice Anthony Kennedy -December 4, 2000

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Rate This | Posted over 6 years ago

 

Well, to start with, I do know that policies and procedures change wether it be written or un-written, and the changes so far seem to differ between Departments. For instance, here in Washington-it's not a simple "you're no longer an Officer". There seems to be a wide spread of re-accurances here, and although the Departments claim to be ontop of it and are attempting to make changes, there doesn't seem to be adaquete changes made. I am curious as to the policies and procedures in other ares. If they seem to be appropriate and work well then maybe then other Departments can take note and this would continue to be such a rapid issue in other areas.

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Rate This | Posted over 6 years ago

 

Montana a domestic violence conviction = no firearms = no LEO

3rd DV is a felony

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nikkochey said:

Montana a domestic violence conviction = no firearms = no LEO

3rd DV is a felony

Thank you. Now, is that for the first DV involvement? And what about investigation? does that apply before an Investigation is conducted, or is it an aftermath?

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Rate This | Posted over 6 years ago

 

DV conviction in Missouri = no no longer LEO. actually, I believe any assault period = no longer LEO. this is a state statute. In MO all that is required for DV 3rd degree is for the victim to have been placed in apprehension of immediate physical harm. But note the "immediate" part.... for example, yelling in an angry and threatening manner at the victim over the telephone does not constitute "immediate"


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DolphinDreamin3604 said:


nikkochey said:


Montana a domestic violence conviction = no firearms = no LEO

3rd DV is a felony


Thank you. Now, is that for the first DV involvement? And what about investigation? does that apply before an Investigation is conducted, or is it an aftermath?


I would guess most places there is more required than a mere accusation. is there something that you are not telling us that would help us answer your question? What is your purpose for asking these questions?


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DolphinDreamin3604 said:


nikkochey said:


Montana a domestic violence conviction = no firearms = no LEO

3rd DV is a felony


Thank you. Now, is that for the first DV involvement? And what about investigation? does that apply before an Investigation is conducted, or is it an aftermath?


That would be on the first conviction. While under investigation most departments will put the accused officer on the desk or suspend them with pay. The officer's own department will not do the investigation. It would be done by an outside agency usually the S.O. of an adjacent county. I do know that one S.O.has dismissed an officer based upon the charge only stating that it was conduct unbecoming a Leo in accordance with written policy. Each department is different on pre-conviction decisions.

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I also want to make sure that it is known that I am not attacking the involved Officers by any means. This is not what this is about at all. I do know that this is an ongoing issue and with more knowlege and understanding , maybe more will forget about turning their cheeks and try to make a difference. Although I know that this topic can bring out the demons, I have had my fair share of attacks on this issue and I still see this as a worthy discussion. We all have our limits as human beings and if we learn what those limits are and how to cope with them, without being afraid of the reprecussions, then maybe a difference can be made.

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Rate This | Posted over 6 years ago

 

Burky said:

DV conviction in Missouri = no no longer LEO. actually, I believe any assault period = no longer LEO. this is a state statute. In MO all that is required for DV 3rd degree is for the victim to have been placed in apprehension of immediate physical harm. But note the "immediate" part.... for example, yelling in an angry and threatening manner at the victim over the telephone does not constitute "immediate"

Thank you for your input.

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Rate This | Posted over 6 years ago

 

My opinion is if an officer can not control him/her self in his domestic life, why should I believe they can in the heat of the moment out on the street with a antaganistic drunk or whatever the a**holes problem is....


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True Burky True, What does an individual with that kind of temper do when the drunk juvie he is handling starts cussing or becoming violent? The only thing that really ticks me off when talking about DV is the fact that many instructors say that women are they victims. They make it seem like its a crime that is committed by men only. I have been to more than a few where the man,parent(s) or child(ren) are the victim(s). I prefer the term Family Member Assault over DV.

It takes a special person to be the spouse or child of a career military, LEO or Corrections/Detention Officer. Any fool who doesn't recognize this fact doesn't deserve to be in the job.

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good point. but in our liberal society that change in terminology is about as likely as a screen door in a submarine.....


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Rate This | Posted over 6 years ago

 

Actually here in Montana that is the way it is written up in court, Partner or Family Member Assault.

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in Missouri the actually statute reads "family or household member" but I was referring to the media etc, refers to it as a male crime, just like you said.


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Rate This | Posted over 6 years ago

 

this statute also means that if I moved in as a roommate (non romantic) with someone else and we have an argument 2 weeks later, it is a domestic disturbance. however, that is not a crime as long as no one was placed in apprehension of immediate physical harm and no other assault occurred. (verbal arguments don't constitute a crime)


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Burky said:

My opinion is if an officer can not control him/her self in his domestic life, why should I believe they can in the heat of the moment out on the street with a antaganistic drunk or whatever the a**holes problem is....

And most think and feel the same, but what about human limitations? We all have them. I find usually the Officer handles the street heat just as trained , then by the time they arrive in a more personel enviroment, their quards are let down..now it's the homelife heat. Where's the training for that? Again, it's about policies and procedures. Are there any that support the human nature verses the robot? Is there any support services? Mandatory couseling? Drug and Alcohal testing? Exc.. What does your Department offer verses just the onsight of "If you can't handle it then you don't have a job"? I don't make excuses for any of it, but I do believe that there would be less issues in this area if there was more available to not just the Officers, but for the families as well.

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good point. one of those things you mentioned, the testing.my department does random drug and alcohol testing. heck, just last week was my turn. drug and alcohol. they said I was sober...... HMMMMMM LOL


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nikkochey said:

True Burky True, What does an individual with that kind of temper do when the drunk juvie he is handling starts cussing or becoming violent? The only thing that really ticks me off when talking about DV is the fact that many instructors say that women are they victims. They make it seem like its a crime that is committed by men only. I have been to more than a few where the man,parent(s) or child(ren) are the victim(s). I prefer the term Family Member Assault over DV.

It takes a special person to be the spouse or child of a career military, LEO or Corrections/Detention Officer. Any fool who doesn't recognize this fact doesn't deserve to be in the job.

I disagree. I do believe that it takes knowlege and understanding of the differences in personalities, characters and all around mind sets of individuals that have lived a life in the millitary and/or LE. There are physcological tests that prove that 90 % of these individuals share the same brain patterns...personalities ex.. but just like with anyone, if you do not take the time to know someone and find out after ward that there are traits you cannot live with, well then, maybe next time you'll aquire more knowlege. But, it also goes for those individuals that we speak of...they too need to understand that a civillian lifestyle makes a difference in brain waves as well. Diversity is not only in color, religion, or nationality..it is also in our perceptions.
But, I do agree that it seems that the women are favored in the light of DV. I think that if there wasn't so much emphisis on a MAN being a MAN, and men could feel like that wouldn't be scrutinized by all for being a victim, we would see that there are just as many. Society being overlapped by politics leaves it were it is. In this case, we are all victims!

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Burky said:

good point. one of those things you mentioned, the testing.my department does random drug and alcohol testing. heck, just last week was my turn. drug and alcohol. they said I was sober...... HMMMMMM LOL

LoL! Just a Department over-sight...Come on, who wants the added paperwork? :)

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Rate This | Posted over 6 years ago

 

I can't comment on any particular policy, but the law (both state and federal) is pretty simple on DV, get a conviction and your done owning/carrying firearms and as a result, done being a cop. Does it happen in LE, yes. But it also happens in every other walk of life as well.

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Its a dark secret amongst LEO across America, no one faces it, or keeps numbers that show the real picture and no one knows the numbers, but its a problem. But it happens to bankers, preachers, teachers, its happens in all walks of life.


I love each day like its my last! Why do we are have to be so serious?

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Rate This | Posted over 6 years ago

 

Good Point Stalker975....very good point. In Wisconsin, the scope is wide to include anyone you currently reside with, have resided with in the recent past and anyone you have ever had children with....this could include college roommates who get in a fight.....kind of crazy, but it prevents a lot of loopholes by defense attorneys.

The other thing I make clear to people is that I have always been upfront with people I live with...if for some reason, you need me to leave the house, just say the word....I WILL NOT RISK losing my job over a domestic argument. We have two charges in WI...Domestic Disorderly Conduct and Domestic Battery, so even a heated argument could result in a DV conviction.....


"Show class, have pride, and display character. If you do, winning takes care of itself." - Coach Paul "Bear" Bryant

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"America was built on courage, imagination and an unbeatable determination to do the job at hand. " - President Harry S. Truman

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Rate This | Posted over 6 years ago

 

I've seen it "swept under the table" too. Higher ranking officer. Anyone else would have been terminated!

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CHIEF601 said:

I've seen it "swept under the table" too. Higher ranking officer. Anyone else would have been terminated!

Great point!


I love each day like its my last! Why do we are have to be so serious?

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Rate This | Posted over 6 years ago

 

Drew Peterson from Illinois comes to mind....4 wives, 2 dead, all complained about abuse....


"Show class, have pride, and display character. If you do, winning takes care of itself." - Coach Paul "Bear" Bryant

"America was not built on fear."

"America was built on courage, imagination and an unbeatable determination to do the job at hand. " - President Harry S. Truman

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KETOLACA said:

Drew Peterson from Illinois comes to mind....4 wives, 2 dead, all complained about abuse....

And he was still a LEO. Nothing done to him.

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Rate This | Posted over 6 years ago

 

Here it is if you want to take the time to read. And unless you're Barney Fife I guess you need to seek employment elsewhere.

The Violence Against Women Act of 1994 (VAWA) and the 1997 Omnibus Consolidated Appropriations Act contain federal firearms laws related to domestic violence. VAWA makes it a crime for a person who is the subject of a domestic abuse restraining order to transport, receive, or possess firearms or ammunition which have come across state or federal borders. The Omnibus Consolidated Appropriations Act of 1997 made several amendments to the Federal Gun Control Act of 1968. The amendments prohibit the possession of firearms and ammunition by persons convicted of state or federal misdemeanor crimes of domestic violence and the distribution of firearms and ammunition to such persons. Unlike the provisions in VAWA, law enforcement officers and other governmental officials are NOT EXEMPT from the amendments. As of the effective date, September 30, 1996, any person convicted of a domestic violence misdemeanor may no longer possess a firearm or ammunition. This technical support packet includes information on these two federal laws.

Note that the Grand Lodge Fraternal Order of Police has filed a federal lawsuit challenging the constitutionality of the 1997 amendments to the Gun Control Act of 1968. Also, legislation has been introduced to eliminate the retroactive application and add the exemption for the use of firearms for official purposes.

For information or assistance, contact the Battered Women's Legal Advocacy Project or your local ATF office.

Compiled March, 1997 with funding from the Bush Foundation and the McKnight Foundation.


Pain is weakness leaving the body.

Obstacles are what we see when we take our eyes off the goal.

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Rate This | Posted over 6 years ago

 

you'll note that it specifically addresses LEO's


Pain is weakness leaving the body.

Obstacles are what we see when we take our eyes off the goal.