DVCC Model Law Enforcement Domestic Violence Policy

Development of Policy:

The Model Domestic Violence Policy was developed by the Law Enforcement Subcommittee of the Domestic Violence Coordinating Council. This Committee has representatives from police departments and the Attorney General's office.

After its development, the draft policy was sent to every police agency in the state and each agency was asked to provide comments. The policy was revised in light of these comments. The final draft was presented at a Chiefs of Police Council meeting where it was unanimously approved.

Model Policy:

A. Purpose

1. The policy recognizes that the seriousness of a crime is not lessened because the parties are related or involved in an intimate relationship.

2. The intent of the policy is to prescribe a course of police response that will:

a. enforce the law

b. protect victim(s) involved

c. promote officer safety

d. deter future incidents of violence

e. improve police investigations

f. provide data for statistical analysis

B. Definitions

1. Family/Household Members,

a. married

b. formerly married

c. related by blood or marriage

d. child in common

e. live together or have lived together

f. dating relationship

2. Domestic Violence: If a family or household member commits or attempts to commit the following offenses:

a. causing or placing in fear of bodily injury

b. sexual offenses

c. interference with movement

d. property crimes

e. violation of a court order

C. Dispatch Response

1. Dispatch at least two officers whenever possible

2. Effort should be made to determine

a. if suspect is present (or if not, determine the suspect's description)

b. whether weapons are involved

c. whether alcohol or drugs were involved

d. whether there are children present

e. whether there is a PFA or other restraining order in place

f. nature of complaint history at that location

D. Police Response

1. Arrest Policy

a. Felony Level Offenses

• Arrests must be made in all felony cases in which there is probable cause

b. Misdemeanor Level Offenses

• Officers have the authority to arrest without a warrant in misdemeanor cases involving physical injury or threat thereof, or sexual offenses, even if the offense did not occur within the officer's presence (warrantless arrest is allowed for any misdemeanor committed within the officer's presence)

• Arrests should be made in all misdemeanor cases in which there is probable cause (if arrest is not made, officer must document decision)

c. AlI Arrests

• Victim and offender should be informed that the action is being prosecuted by the State and victim does not have authority to drop the charges

d. If No Arrest is Made

• Officer must insure safety of victim

• Officer must provide necessary assistance (such as transportation to medical facility or to a shelter)

• Officer should provide victim with relevant phone numbers (such as hotline numbers

2. Dual Arrests

• Dual arrests are not favored. If dual arrest is made, officer must have investigated both complaints, found each party to be actual victim, and facts supporting each arrest must be clearly documented on separate reports.

E. Protection from Abuse Act

All violations of Protection from Abuse Act orders are misdemeanor criminal offenses

F. Referrals

1. If a child is injured or put in danger, officer must immediately notify the Division of Family Services

2. If a child is present during domestic violence incident, officer must notify DFS or police based victim services within 5 working days of the event.

3. Police based victim services must be notified of all incidents.

4. Victims should be referred to police based victim services

5. Information about the Protection from Abuse Act process should be provided to victims, but may not replace appropriate criminal charges.

6. Referrals may be made to Attorney General's victim/witness assistance program

G. Training

Training about domestic violence is mandatory for all new officers and in in-service programs for all officers.