1. Chapter 9
Assault, Domestic Violence,
Stalking and Elder Abuse
Hess 9-1

2. Introduction
• Some assaults take place very publicly
• Often victims and witnesses are willing to press charges
and testify in court
• Domestic violence has become a priority in many
departments
• Psychological assaults or stalking behaviors have
become law enforcement concerns
Hess 9-2

3. Assault: An Overview
DEFINITION
• Unlawfully threatening to harm another person
• Actually harming another person
• Attempting unsuccessfully to harm another person
• Naler v. State (1933)
Hess 9-3

4. Classification
TWO CLASSES
• Simple assault
 Causing fear of immediate bodily harm
 Attempting to inflict harm
• Aggravated assault

Unlawful attack

Inflicting severe bodily
injury

Felonious
Hess 9-4

5. Classification
OFFICERS ASSAULTED
• In 2009, 57,268 officers assaulted while performing
their duties
LEGAL FORCE
• Physical force may be used legally in certain instances
• In loco parentis
Hess 9-5

6. Elements of the Crime
SIMPLE ASSAULT
• Most state statutes have common elements
• Intent to do bodily harm to another
• Present ability to commit the act
• Commission of an overt act toward carrying out the
intention
Hess 9-6

7. Elements of the Crime
AGGRAVATED ASSAULT
• Bodily injury results in one of the following:

A high probability of death
 Serious, permanent disfigurement
 Permanent or protracted loss or impairment of the
function of any body member or organ
 Other severe bodily harm
Hess 9-7

8. Elements of the Crime
ATTEMPTED ASSAULT
• Also a crime in many states
• Requires proof of intent
• Overt act toward committing the crime
• Intent or preparation is not enough to prove
attempted assault
Hess 9-8

9. Special Challenges in Investigation
MAKING DETERMINATIONS
• Distinguishing the victim
from the suspect
• Civil or criminal matter
• Intentional or accidental
• Obtaining a complaint
• Calls may be dangerous
Hess 9-9

10. The Preliminary Investigation
PROVING THE ELEMENTS OF ASSAULT
• Determine events leading up to the assault
• Establish the intent to cause injury
• Establish severity of the injury inflicted
• Establish whether a dangerous weapon was used
Hess 9-10

11. The Preliminary Investigation
EVIDENCE IN ASSAULT INVESTIGATIONS
• Photos of injures
• Clothing
• Weapons
• Bloodstains, hairs, fibers and other signs
• Special categories of assault
Hess 9-11

12. Investigating Domestic Violence
OVERVIEW
• Pattern of behaviors
• Physical, sexual, economic and emotional abuse
• Alone or in combination
• Often by an intimate partner
• Maintain power and control
Hess 9-12

13. Investigating Domestic Violence
HISTORY OF DOMESTIC VIOLENCE
• Deep roots in patriarchal systems
• Passed from generation to generation
CYCLE OF VIOLENCE
• Tension-building stage
• Acute battering episode
• Honeymoon
Hess 9-13

14. Investigating Domestic Violence
TYPE OF ASSAULT AND WEAPONS USED
• Physical
• Sexual
• Threats
• Psychological/emotional
PREVALENCE OF DOMESTIC VIOLENCE
• National Crime Victimization Survey
Hess 9-14

15. Investigating Domestic Violence
PREDICTORS AND PRECIPITATORS
• History of family violence
• Indicator crimes
POLICE RESPONSE
• Look for evidence
• Difficulty in determining cause for arrest
Hess 9-15

16. Investigating Domestic Violence
EFFECTIVENESS OF INTERVENTIONS
• Batterer intervention program (BIP)
• Stake in conformity
RESTRAINING ORDERS
• Full faith and credit
• Binding and enforceable nationwide
Hess 9-16

17. Investigating Domestic Violence
LEGISLATION
• Lautenberg Amendment 1968
AVOIDING LAWSUITS
• Pro-arrest policy
• Document why an arrest has or has not been made
Hess 9-17

18. Investigating Stalking
OVERVIEW
• Willful or intentional commission of acts
• Cause a reasonable person to fear death or serious
bodily injury
• Place the victim in fear of death
• Place the victim in fear bodily injury
Hess 9-18

19. Investigating Stalking
TYPES
• Intimate or former intimate
• Acquaintance
• Stranger stalking
LEGISLATION AND
DEPARTMENT POLICIES
• All 50 states have general stalking laws
• Variation and subjectivity exists
Hess 9-19

20. Investigating Stalking
POLICE RESPONSE
• Traditionally issue restraining orders
• Unique challenge
• Stalkers are not easily deterred
• Victim input is encouraged
• Strong connection between stalking and domestic
violence
Hess 9-20

21. Investigating Elder Abuse
GROWING CONCERN
• Physical and emotional abuse
• Financial exploitation
• General neglect of the elderly
• Verbal abuse and threats
• Sexual abuse
• Abandonment
Hess 9-21

22. Investigating Elder Abuse
PREVALENCE AND NATURE
• Not a specific crime category in many states
• Extent of elder abuse is currently unknown
INDICATORS AND RISK FACTORS
• American Medical Association questions
• A learned problem-solving behavior
Hess 9-22

23. Investigating Elder Abuse
POLICE RESPONSE
• Have patience with victims
• Nonverbal cues are important
REDUCING ELDER ABUSE
• Community group activity
• Social isolation contributes to mistreatment
Hess 9-23

24. Summary
• Assault is unlawfully threatening to harm another
person
• Challenges in investigating assaults include
distinguishing the victim
• Establish the intent to cause injury and the severity of
the injury
• Stalking causes a person to fear death or serious bodily
injury
• The extent of elder abuse is currently unknown
Hess 9-24