NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio

NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio

newalbanyohio.org
from newalbanyohio.org More from this publisher
23.02.2015 Views

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. 11

14.2.4 Enforcement of the Domestic Violence Statute The following procedures shall be followed in enforcement of the domestic violence statute: A. Domestic violence calls with the victim and the offender at the scene When handling calls of this type, officers shall: 1. Separate the victim and offender. 2. Conduct interviews of both the offender and the victim in separate locations. In addition, any witnesses should be identified and interviewed separately. 3. Determine which person is the primary physical aggressor. In doing so, the following factors should be considered: Any history of domestic violence or violent acts by either person Whether either person was acting in self-defense Each person’s fear of physical harm and the reasonableness of that fear The severity of any injuries 4. Make any appropriate arrest(s). 5. Complete an Ohio Uniform Incident Report (see Addendum B) and a Domestic Violence Report (PD-99-108) (see Addendum C) with appropriate report number, and include the following information: The relationship between the victim(s) and the offender. If the primary physical aggressor is not arrested, all reasons supporting this decision must be articulated. The law does not specifically list reasons officers can cite to deviate from the preferred course of action. However, the law does require that the officer clearly document any reasons for the deviation. Observations of the victim and offender Any visible injuries Any weapons at the scene Actions of the offender Any statements made by the victim or witnesses, including: a. If appropriate, information the offender has been granted pretrial release on a charge of domestic violence or violation of protection order or consent agreement b. The frequency and severity of any prior incidents of physical abuse of the victim by the offender c. The number of times the victim has called a law enforcement agency for assistance d. The disposition of those calls 12

14.2.4 Enforcement of the Domestic Violence Statute<br />

The following procedures shall be followed in enforcement of the domestic violence statute:<br />

A. Domestic violence calls with the victim and the offender at the scene<br />

When handling calls of this type, officers shall:<br />

1. Separate the victim and offender.<br />

2. Conduct interviews of both the offender and the victim in separate locations. In<br />

addition, any witnesses should be identified and interviewed separately.<br />

3. Determine which person is the primary physical aggressor. In doing so, the<br />

following factors should be considered:<br />

Any history of domestic violence or violent acts by either person<br />

Whether either person was acting in self-defense<br />

Each person’s fear of physical harm and the reasonableness of that fear<br />

The severity of any injuries<br />

4. Make any appropriate arrest(s).<br />

5. Complete an <strong>Ohio</strong> Uniform Incident Report (see Addendum B) and a Domestic<br />

Violence Report (PD-99-108) (see Addendum C) with appropriate report number,<br />

and include the following information:<br />

The relationship between the victim(s) and the offender.<br />

If the primary physical aggressor is not arrested, all reasons supporting<br />

this decision must be articulated. The law does not specifically list<br />

reasons officers can cite to deviate from the preferred course of action.<br />

However, the law does require that the officer clearly document any<br />

reasons for the deviation.<br />

Observations of the victim and offender<br />

Any visible injuries<br />

Any weapons at the scene<br />

Actions of the offender<br />

Any statements made by the victim or witnesses, including:<br />

a. If appropriate, information the offender has been granted pretrial<br />

release on a charge of domestic violence or violation of<br />

protection order or consent agreement<br />

b. The frequency and severity of any prior incidents of physical<br />

abuse of the victim by the offender<br />

c. The number of times the victim has called a law enforcement<br />

agency for assistance<br />

d. The disposition of those calls<br />

12

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!