Types of Domestic Violence

Although domestic violence is typified by an intimate relationship where one person exercises power and control over the other, because Colorado’s definition of domestic violence is very broad, not every DV case you will encounter involves extensive use of power and control. Domestic violence cases typically fall into one of three categories:

1. 1. 1. Situational Couple Violence
      2. Violent Resistance
      3. Coercive, controlling violence

Situational Couple Violence involves acts of violence resulting from the situation and not from a pattern of controlling behavior. The Blackburn Center, an organization that advocates for survivors of domestic violence, summarizes situational violence as isolated, specific to the situation, and not escalating over time:

[S]ituational violence does not necessarily form a pattern; it occurs when one or both partners handles conflict with violence. It differs from domestic abuse because the violence is specific to the situation and generally minor; it does not escalate over time. While one or both partners may use violence to gain control during a fight, there is not an ongoing effort to exert power or control over the other between fights. The violence may be mutual, and may occur less often and less regularly than domestic violence does. People who engage in situational violence tend to be poor communicators who do not know how to argue without resorting to physical or verbal aggression. Both men and women engage in this type of violence. The fact that this type of violence differs from domestic violence does not mean that it is acceptable, or that it isn’t criminal behavior. Assaulting someone is typically a crime, and using violence to solve problems is always wrong.

Situational Violence Versus Domestic Violence, Blackburn Center (Nov. 4, 2015).

Violent resistance is typically a form of self-defense by the abused in response to the abuser’s pattern of exerting power and control over the victim. Unlike the stereotypical forms of self-defense which involves one person defending themselves from the unlawful use of imminent physical force against them by another, violent resistance occurs in response to a pattern of coercion and control by their partner, and not always in response to the imminent use of unlawful physical force. In short, it is, as its name implies, an effort to resist the abuser’s power and control.

Although cases will vary, a case involving violent resistance might involve a one-sided act of violence by a woman with no record of domestic violence against a much larger man who has a record of domestic violence against his partners. The violent act may be minor or involve minor injuries. When law enforcement inquires into the relationship, law enforcement may discover the power and control dynamics favor the man and not the woman. When the woman obtains an attorney, the attorney may send you photos of bruises and injuries she has suffered from him, complain of numerous acts of violence toward her, provide copies of bank records showing the money is under his control, and offer text messages showing the man regularly verbally and emotionally abuses her.

Prosecutors must distinguish between these different types of domestic violence. A case involving coercive and controlling violence calls for a different intervention and different treatment than a case of situational violence or violent resistance. When prosecutors discover they are prosecuting a victim of domestic violence who violently resisted their abuser, prosecutors should be careful to craft an intervention that protects the victim and does not inadvertently empower the abuser. Offenders can and frequently do use mandatory protection orders or a victim’s probation a means to continue their coercive, controlling conduct. Prosecutors should take seriously the claims of a violent resistor but view skeptically the claims of a defendant who demonstrates a long pattern of coercive and controlling violence.

For a variety of reasons, prosecutors often find it difficult to distinguish which type of domestic violence they are dealing with in each of their cases:

• • • Lack of evidence, such as background information into the relationship dynamics, especially in misdemeanor cases where police file the charges and often conduct only minimal investigation
    • Confusing or inconsistent statements by the victim, including recantations
    • Insufficient resources to conduct follow-up investigation
    • Insufficient time to carefully review all of the evidence, such as hours of body worn camera
    • Insufficient experience to interpret the evidence correctly

Carefully manage your resources and do your best to identify the dynamics present and what kind of case you may be dealing with. You will not always get it right, but if you think critically about the evidence, consult more experienced prosecutors, speak with law enforcement, and listen with an open mind to victims and defense attorneys, you maximize your chances of finding justice.