DOMESTIC VIOLENCE 12.4B
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: DOMESTIC VIOLENCE INVESTIGATIONS
GENERAL ORDER: 12.4B
EFFECTIVE: March 28, 2003
RE VISES: G.O. 12.4A
PAGES: 3
CONTENTS:
This order consists of the following numbered sections:
I. INVESTIGATION
II. ARREST AND REFERRAL
III. DOCUMENTATION
IV. DOMESTIC VIOLENCE CENTER REPORT
V. GLOSSARY
PURPOSE:
To establish guidelines for response to domestic violence incidents.
SCOPE:
This order applies to all law enforcement officers.
DISCUSSION:
The Police Department recognizes the need for officers to respond to domestic violence incidents as
criminal activities. Investigation of domestic violence as a crime will help to protect victims and bring offenders under the
control of the criminal justice system.
POLICY:
The Police Department has adopted a "pro- arrest" policy for domestic violence incidents in an attempt to reduce
the likelihood of repeat violence. Officers will investigate domestic violence incidents and make arrests according to law
and this order. Response to “In-Progress” Domestic Violence calls shall be Priority 1 and for officer safety extreme caution
should be exercised upon entering the scene.
PROCEDURE:
I. INVESTIGATION:
A.Investigation:
An officer will investigate a domestic violence incident pursuant to F.S. 741.29, and will:
1.
Help the victim obtain medical treatment for injuries resulting from the incident.
2.
Advise the victim that a domestic violence center can provide necessary services.
3.
Obtain oral and written statements from the victim(s) and witness (es), including juveniles.
4.
Give victims immediate notice of the legal rights and remedies available to them.
5.
Photograph injuries and other pertinent evidence.
1
G.O. 12.4B
6.
Collect physical evidence.
B. Suspect Factors:
Officers will investigate the following suspect factors when conducting domestic violence
investigations:
1.
Actual or possible weapon use;
2.
Criminal history, if known or available;
3.
History of drug and alcohol use; and
4.
Past incidents of violence.
II. ARREST AND REFERRAL:
A.Custodial Arrest:
A custodial arrest is the preferred law enforcement response in cases where:
1.
Violence has been initiated and probable cause for an arrest exists.
2.
A likelihood of violence to family members exists and an arrest can be made for other violations.
3.
A person has violated a domestic violence protection injunction pursuant to F.S. 741.31.
B.Warrant Exception:
Florida State Statute 901.15(7) (a) provides that an arrest without warrant is lawful if there is
probable cause to believe that the person has committed an act of domestic violence. Therefore, an officer who has
probable cause for a domestic violence arrest will attempt to locate the suspect during the tour of duty if the person is no
longer at the scene.
C. State Attorney Referral:
An officer may refer any non arrest domestic violence case to the State Attorney’s Office
for prosecution.
D. Victim Consent:
An officer’s decision to arrest and charge a suspect does not require the victim’s consent. In cases
where an arrest is made and the victim does not wish to prosecute, the officer will instruct the victim to speak to the
Assistant State Attorney during the State Attorney’s Office investigation.
E. Multiple Complainants:
If a single domestic violence incident involves multiple complainants, each complainant’s
allegation will be investigated individually. The officer will determine if probable cause for arrest exists for each
allegation.
F. Cases Involving sworn Members:
Cases of domestic violence involving sworn members of the department will be
investigated by the shift supervisor and will be investigated pursuant to F.S. 741.29.
III. DOCUMENTATION:
A.Offense Report:
The investigating officer will complete an Offense Report that includes the following information:
1.
A complete account of the occurrence according to witnesses and corroborating physical evidence.
2.
A justification of why an arrest was not made, if applicable.
3.
A statement that the domestic violence pamphlet was given to the victim(s).
4.
Any written statements from the victim(s) and
the witness (es).
2
G.O. 12.4B
5.
The names of all children who reside in the household.
B. Supplemental Reports:
Supplemental offense reports will be completed by the assigned investigator to include all
follow-up investigative information.
C. Victim Contact Information:
The officer will complete the victim contact information section on the back side of
Current contact information will expedite
the State Attorney’s copy of the Complaint Affidavit when an arrest is made. (
victim notification upon the arrestee’s release
.)
IV. DOMESTIC VIOLENCE CENTER REPORT:
A.
The records division will forward a copy of a domestic violence related Offense Report face sheets to the appropriate
domestic violence center.
V. SERVICE OF INJUNCTION:
A.
For the purpose of this policy Tequesta Police Officers shall serve injunctions under the guidelines of this policy and
the Palm Beach County Sheriff’s Office.
B.
Notwithstanding the foregoing, if the court orders, or a petitioner requests, service of a protective order within the
Village of Tequesta, an officer shall accept the order for service.
C.
Upon acceptance, the officer shall cause an incident number to be assigned and shall complete an incident report
including the following information:
1. The name, home and work addresses, and physical description of the person to be served;
2. The name and pertinent information of the petitioner;
3. Location, date and time service was made or was attempted;
4. Method of service;
5. Name of server;
6. Reason for non-service, if applicable.
D.
Officers shall make service of this process a priority and if unable to serve during his/her tour of duty, shall pass the
paperwork on to the next shift’s supervisor, who shall cause continued attempts of service. Service shall be made by
hand only. The officer who successfully serves the defendant shall cause a supplement to be made to the original
report. This supplement shall include the time, place and method of service.
E.
Upon successful service, the officer shall write “served”, date and time of service, write in the court case number, and
sign on the cover sheet of the paperwork. The officer shall also identify to whom the process was served. This paperwork
shall be forwarded to the Palm Beach County Sheriff’s Office Court Services Bureau within 24 hours. The foregoing shall
be documented on the original report or supplement.
F.
The Tequesta Police Department shall not serve any other civil process.
VI. GLOSSARY:
DOMESTIC VIOLENCE - Defined by F.S. 741.30 and 784.046, as any assault, aggravated assault, battery, aggravated
3
G.O. 12.4B
battery, stalking, aggravated stalking, sexual assault, sexual battery, or any criminal offense resulting in physical injury or
death of one family or household member, by another who is, or was, residing in the same single dwelling unit.
FAMILY/HOUSEHOLD MEMBER - Defined by F.S. 741.30, as a spouse, former spouse, a person related by blood or
marriage, persons who are, or has, resided together, as if a family, and persons who have a child in common, despite marital
status or have resided together anytime.
INDEXING:
DOMESTIC VIOLENCE INVESTIGATIONS
DRAFTED:
DJR/March 17, 2003/Filed: DOMVIO12.4
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
4