Many Tools Available in Domestic Violence Cases
Domestic violence takes place every 15 seconds in the United States, according to domesticviolence.org. Kentucky has the second-highest rate of domestic violence in the United States, according to the National Coalition Against Domestic Violence.
The Governor said it is unacceptable that in Kentucky more than 45% of women and 35% of men experience intimate partner physical violence or rape in their lifetimes.
In June, the Beshear-Coleman administration has compiled the first statewide data report on domestic violence statistics to assist the state in combating crime as well as seeking justice for survivors.
“I continue to fight for justice and healing for victims of crime,” said Gov. Beshear. “Every Kentuckian deserves to be safe and to feel safe, and this inaugural, baseline report allows us to take a big step forward in creating that better, safer Kentucky for survivors of domestic violence.”
To further combat this violent crime, the Governor signed Senate Bill 271 and House Bill 535 requiring the collection and analysis of data related to domestic violence in the commonwealth, including domestic violence fatalities, domestic violence shelter use and reports of child abuse.
According to the 2022 Domestic Violence Data Report:
38,708 electronic JC-3 forms were filed in 2022
8,867 arrests were made in 2022 for incidents involving domestic violence
16,402 Emergency Protective Orders were served by Kentucky State Police in 2022
16,046 individuals received services from ZeroV’s 15 regional domestic violence programs in 2022
21,241 crisis/hotline calls were received through ZeroV’s 15 regional domestic violence programs in 2022
The data for this report was compiled by the Justice and Public Safety Cabinet’s Criminal Justice Statistical Analysis Center, Kentucky State Police, Cabinet for Health and Family Service and the Administrative Office of the Courts.
“Quality data is critical for the criminal justice system as we work to enhance public safety,” Justice and Public Safety Cabinet Secretary Kerry Harvey said. “Better data will lead to more effective prevention efforts and will be a useful tool for law enforcement agencies, courts and service providers.”
Lethality Assessment
Department of Criminal Justice Training Instructor Ricky Lynn said that one of the most common calls that law enforcement officers will answer during their careers are to respond to domestic violence, especially if they are working in a patrol capacity.
In recent years, law enforcement nationwide have started utilizing the Lethality Assessment, a series of questions that predicts the likelihood of serious injuries or death.
The assessment features 25 questions officers should ask victims to help determine whether the person is at high risk of being seriously injured or killed by their partner.
“Some agencies in Kentucky started using the lethality questions, but we probably only have less than half of our agencies who use it,” Lynn said. “When we’ve taught it, most officers have never heard of it. It’s one of the newest (tools) used for domestic violence. It can be used by dispatchers and police, depending on the situation.”
For example, Lynn said if a person lives in a city like Lexington, the dispatcher will get someone to the scene there within three or four minutes. But in cases where the victim lives in a rural area, it may take law enforcement longer to arrive.
In those cases, the Lethality Assessment can be handled by dispatchers.
“The dispatcher can ask the questions. It will indicate to the officer how much danger the victim is in,” Lynn said.
DOCJT teaches the Lethality Assessment as part of its personal crimes course. In addition, DOCJT also partners with the rape crisis and domestic violence centers in Frankfort and Lexington, and representatives from those agencies teach a block giving law enforcement insight into how deep the problems go.
“We talk about what trauma does to a person,” Lynn said. “Trauma impacts places, times and dates. We teach officers that they may interview a victim today; tomorrow, it may be a little different. It’s not that the victim is lying, but trauma is real, and impacts their thought process.”
Restraining Orders
Emergency Protective Orders (EPOs), Domestic Violence Orders (DVOs) and Interpersonal Protective Orders (IPOs) are tools victims of domestic violence can use to provide some relief, Lynn explained.
“Officers are all trained on emergency protective orders, which are only good for 14 days,” he said. “If a victim files it, all parties will be in a family courtroom within 14 days. But it establishes a list of conditions that cannot be violated.”
Those conditions can include:
Both parties can still live in the house, but no violent contact.
The abuser must surrender their guns and other weapons.
The abuser must leave the house.
The abuser cannot be around the victim’s workplace.
A DVO is good for three years, and once it is filed, law enforcement officers have no wiggle room when it comes to enforcement.
“I understand it’s just a piece of paper, but if police respond to a domestic violence scene, and the DVO indicates that there is to be no contact, the police are mandated to arrest the person,” Lynn explained. “The victim doesn’t have the option to say, ‘Please don’t arrest him.’ That is no longer an option. The police must make an arrest based on the DVO.”
IPOs have been around for several years, and Lynn said the law states that the parties must be in a relationship.
“It must be some type of relationship,” Lynn said. “Let’s say a man and woman have been boyfriend and girlfriend for a year, and they move in together – that’s a relationship. If they get mail at the same residence – that’s a relationship. There is no hard, fast rule, but law enforcement should look for patterns they’ve been together for more than one day.”
Be Vigilant
Lynn said most law enforcement officers in Kentucky are well-versed in dealing with domestic violence cases because of the frequency with which they respond.
It is often difficult to get a victim to agree to leave the home, and for many there are many reasons, underscoring how complicated and layered domestic violence is.
“It is difficult,” Lynn said. “Especially if they have kids or pets. Finances are another reason they won’t leave. If you have a person who is narcissistic in a relationship, then probably all the cars are registered to the abuser.
“If we have a case like that, it is important to file an EPO and get the abuser out of the house so the victim will have housing,” he continued. “If you move the victim out of the house, where will they go? They can go to a shelter, but very few shelters take kids.”
But still, Lynn urges officers to remain vigilant as these situations can turn violent with little or no warning.
“Domestic violence calls are very unknown,” he said. “Last year, we had officers killed in eastern Kentucky while serving an EPO. This year, we’ve had a couple of cases where officers have been shot at while on domestic violence calls. It’s probably one of the most dangerous calls an officer can respond to because of the unknown.”
Having officers aware of the different services – domestic violence centers, mental health avenues, and the like – can help. Still, ultimately, it will be up to the individuals to make a change.
Additional resources available to victims include:
The Safe at Home Program, which protects the residential addresses of survivors of domestic violence and other sexual crimes as well as the addresses of those who reside in the same household as the victim. To gain this protection, the victim or the individual residing in the victim's home must apply to the secretary of state's office to have the address protected.
Senate Bill 282, which doubled the weekly amount available for crime victims for lost wages to $300 per week from $150 per week; increased the amount available for funeral expenses to $7,500 from $5,000 and increased the overall total award available to $30,000 from $25,000.
Kentucky’s domestic violence programs and shelters are open 24/7 and are safe for survivors and their families to receive emergency shelter and supportive services. If you or someone you know is a victim of domestic violence and needs assistance, please reach out to the National Domestic Violence Hotline, by calling 1-800-799-SAFE, or clicking here.
