NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio

14.2.3 Policy
A. Two officers will respond without delay to all calls concerning domestic violence or
violation of a protection order or consent agreement. In addition, the on duty supervisor
will respond to all domestic violence related calls whenever possible. The safety of the
victim(s) will be the primary concern in all domestic violence situations.
B. Arrest of the primary aggressor is the preferred course of action when an offense of
domestic violence or violation of a protection order has occurred. Arrest is the mandatory
course of action when an officer has probable cause to believe that the act of felonious
assault or aggravated assault has occurred. Officers will arrest an offender for domestic
violence or violation of a protection order when probable cause exists, even if the victim
does not want to file charges. No complaint/affidavit will be signed and no arrest made
without probable cause.
C. A police officer has probable cause to believe that the offense of domestic violence or
violation of a protection order has been committed when any of the following occur:
A person signs a Complaint Statement alleging that an individual committed the
offense of domestic violence or violation of a protection order against the signer
or child of the signer of the Complaint Statement.
The officer, based upon personal knowledge and observations or upon any other
information such as any reasonably trustworthy information received from the
victim of the offense or from a witness to the offense, concludes that there is
probable cause to believe the offense occurred and was committed by a
particular individual.
The officer witnessed the offense.
D. There is no preferred course of action to arrest an individual involved in a domestic
violence situation who cannot be identified as the primary physical aggressor. While
discouraged, there is no prohibition against arresting the other aggressor. With the
existence of probable cause, arrest of the secondary offender shall be left to an officer’s
discretion upon consultation with a prosecutor.
E. Officers will not require the victim(s) to consent to the filing of charges or sign a complaint
against the offender as a prerequisite to making an arrest for domestic violence or
violation of a protection order.
F. When a domestic violence investigation results in the filing of felony charges other than
felonious assault or aggravated assault, the charge of domestic violence will not be filed
with the felony charges, as this may lead to double jeopardy. However, the investigative
package must articulate in writing that the felony charges filed are a more serious crime
than domestic violence and, consequently, will carry a more stringent sentence upon
conviction.
G. Incidents of domestic violence may also involve child abuse. For child abuse procedures,
refer to Directive 4.1.4.
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