CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication

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1 CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication Order F-11 CIVIL AND FAMILY DISPUTES Subject 100 Civil Disputes Effective 09/22/17 Summary: A. POLICY This policy outlines the officer s proper response to civil disputes. Chandler police officers often respond to civil disputes. These disputes often do not involve criminal violations. If no offense has been committed, officers will attempt to arbitrate the dispute. 1. THE PRIMARY RESPONSIBILITY of officers at these disputes is to deescalate the situation and strive to prevent the parties from resorting to violence to resolve the conflict 2. OFFICERS WILL HANDLE any criminal violations according to relevant law and policy 3. OFFICERS SHOULD REMEMBER they are never authorized to give legal advice; however, officers may offer suggestions and inform the participants of the various social service agencies equipped to assist them, such as the Community Relations Unit of the Civil Rights Division of the Attorney General's Office B. LANDLORD / TENANT DISPUTES 1. RESIDENTIAL: ARS Title 33, Chapter 10 (ARS , et seq.) applies to the rental of dwelling units. To apply, there must be some form of rental payment (either cash or services) to the landlord. Tenants who pay some form of rent to the landlord may not be evicted from their residence without a court order. a. Tenants Police should not issue trespass notices or enforce trespass laws against tenants unless the tenant returns unlawfully after having been evicted according to lawful court order 1) The constable of the Chandler Justice Court usually evicts the tenant 2) Chandler police officers may be called to assist the constable 3) The landlord may keep and sell the personal property of the tenant to make up past due rent only if the landlord has a court order authorizing the sale EXCEPTION: Landlord must allow the tenant to obtain clothing and the tools, apparatus, and books of a trade or profession and identification or financial documents including all those related to the tenant's immigration status, employment status, public assistance or medical care. b. Long-term occupants not paying rent and not on lease: Occupants such as a long-term house guests who have not paid rent (either in cash or services) and who have no legal interest in the premises are not considered tenants under landlord-tenant laws. If the lawful tenant wishes the occupant trespassed, have the tenant sign a Residential Trespass Notice and serve the notice on the occupant.

2 09/22/17 Page 2 The occupant should be given a reasonable time to vacate the premises. c. Guests of tenants - ARS states: 1) A guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy 2) At the request of the tenant or the landlord who is entitled to possession of the premises, police may remove a person who knowingly remains on the premises without the permission of the tenant or the landlord 3) Unless the guest is committing a crime, this statute should be used to trespass a guest only if requested by the lawful tenant or by a landlord lawfully entitled to possession of the premises. Police should not trespass or remove a guest at the request of a landlord if the guest is present with consent of the lawful tenant. d. After a trespass notice is served on the person: 1) Owner will call the police if the person does not leave by required time or returns after being trespassed 2) If the person is still there when police arrive, the person may be cited or arrested for trespassing (ARS ) 2. COMMERCIAL: A tenant may be locked out of the business by the landlord without a court order a. The landlord may also seize the personal property of the tenant and sell it for past due rent without a court order b. If the tenant violates the lockout, the tenant may be cited and arrested for trespass pursuant to ARS and any other applicable violation. Burglary would not apply. C. BOUNDARY DISPUTE Do not make arrests as the result of a civil boundary dispute. If a criminal violation has occurred (i.e., trespassing or criminal damage), complete an offense report and submit for complaint rather than making an arrest. 1. DISPUTING PARTIES MAY BE: a. Referred to local real estate offices for reliable tract maps and advice as to property limits b. Referred to civil engineering firms who will, for a fee, survey property to determine boundary liens c. Advised to contact their attorneys 2. ADVISE PARTIES to a dispute that any physical violence or criminal damage to either party may result in criminal charges regardless of which party originally committed the civil wrong D. DAMAGE BY CHILDREN OR ANIMALS While some elements of a criminal violation may be present in damage to property by children or animals, the department will not act as a collection agency to recover damages

3 09/22/17 Page 3 1. PARENTS MAY BE LIABLE for up to $2,000 for each tort (civil wrong) of their children a. Arrangements for restitution may be made through either juvenile authorities or Superior Court b. Officers may suggest to the parents of a child or the owner of an animal who has damaged another s property that restitution could be made by reimbursement, but they will not be told that they must 2. IF A DOG IS INVOLVED, remind the owner of the licensing and leash laws. If the problem is aggravated or recurring, advise the complainant to contact the Maricopa County Veterinary Center. E. REPOSSESSION OF VEHICLES OR PROPERTY A purchase contract or lease agreement for personal property may contain a provision allowing the lender to repossess the property for nonpayment on the loan, or for breach of the agreement. Lenders normally hire repossession companies (for vehicles, towing companies) to repossess the property on their behalf. Repossession without court order ( self-help repossession ), if done without committing a breach of the peace. If a breach of the peace occurs, repossession must cease, and the lender can attempt repossession at a later date or obtain a court order for repossession. 1. RIGHT TO ENTER: The lender has the right to enter onto the open areas of premises (not by force or by breach of the peace) of the person owing the debt for the purpose of repossessing the property. The lender does not have the authority to enter closed or private areas (such as closed garages, closed or locked gates, residences, etc). 2. LIMITATIONS: a. Self-help repossession - Lending agencies may repossess without court order only when this can be accomplished without a breach of the peace. Breach of the peace occurs when: 1) The person owing the debt is physically present and verbally objects to or physically resists the repossession 2) Repossession involves a violation of the law, e.g., trespass, disorderly conduct, threats, criminal damage, etc. b. Court ordered repossession Repossession may occur only as authorized by the court order 3. OFFICER RESPONSIBILITIES a. Primary responsibility is to keep the peace. If called to the scene of a repossession, refrain from taking sides. b. If the repossession is conducted without a court order and a breach of peace appears to be imminent or has occurred, inform the repossessing agent the right to repossess is terminated at that time c. IF THE AGENT PERSISTS in the attempt to repossess after being advised that the right has been terminated, the agent may be arrested for trespassing or for any other offense committed

4 09/22/17 Page 4 F. CIVIL STANDBYS [74.2.2] Do not act in a manner benefiting any of the parties involved in civil incidents 1. CRITERIA: All civil standbys will be evaluated and approved by a sworn supervisor on duty a. Civil standbys will only be done in accordance with a court order b. In the absence of a court order, civil standbys will only be approved in extenuating circumstances involving risk of violence 2. VALIDATION: Supervisors may approve standbys for child custody situations only when the requesting party can document the validity of the request (i.e., court order) 3. HOURS: Approved standbys will only be conducted between 8 a.m. and 7 p.m. 4. UNDERSTAND INTENTIONS OF REQUESTER: The officer will talk with the requesting person prior to going to the premises to reach an understanding with the person regarding their intentions 5. EXPLAIN ROLE: Officers are there to keep the peace and any violation of such in the officer s presence could result in the arrest of either of the people involved 6. FOLLOW COURT ORDERS when the requesting party is prohibited by court order from contacting the other party. Do not perform a civil standby unless specific written permission is received by the judge issuing the order or from a judge of a higher court allowing the requesting party to violate the terms of the order for a specific reason. 7. WHEN A MENTAL HEALTH SPECIALIST requests a standby with a patient, the officer will stand by until the mental health specialist leaves or feels that the officer s presence is no longer needed. If the mental health specialist has a court-ordered petition against a patient, follow the guidelines in the petition. G. CHILD CUSTODY DISPUTES 1. EXCEPT IN CHILD ABUSE CASES, only a court of record may make child custody determinations. Investigate and submit violations of child custody or access visitation laws to the appropriate prosecutorial agency. Remind victims that they may receive help through the domestic relations court that issued the order. 2. A CHILD SHALL NOT BE PHYSICALLY REMOVED from a parent who is in violation of a custody order, except for the following: a. The order specifically requires police to remove the child; or b. The officer has reason to believe the child is in imminent danger Note: For either of the above exceptions, officers shall contact a supervisor before removing a child 3. CUSTODY ORDERS a. OFFICERS WILL ENFORCE IN-STATE CUSTODY ORDERS according to the language of the order

5 09/22/17 Page 5 b. OUT-OF-STATE CUSTODY ORDERS Although not required, the parent wishing to enforce an out of state custody order should be encouraged to register the order with the superior court. Even without prior registration in Arizona, out of state custody orders may still be enforceable and given the same full faith and credit as an in-state custody order if: 1) No prior family court case in Arizona addressing custody of the child; and 2) The out of state court had jurisdiction of the child custody case, and 3) Both parents or the out of state court issuing the order verify the order is current, valid and enforceable Direct questions about the validity or enforceability of an out of state order to a legal advisor 4. INVESTIGATION AND ENFORCEMENT OF VIOLATIONS OF CUSTODY AND ACCESS ORDERS a. Custodial Interference - ARS Custodial interference applies to situations where one person, without lawful authority, takes, entices, or keeps, a child or incompetent person from a person who has lawful custody. If a child is born out of wedlock, the mother is the legal custodian of the child for purposes of this violation until paternity is established and custody or access is determined by a court. b. Access Interference - ARS Applies when a custodial parent or other person with no legal right knowingly engages in a pattern of behavior that prevents, obstructs, or frustrates the access rights of a person to a child as outlined pursuant to a court order. A pattern of behavior requires more than one occurrence. c. Fully investigate all cases and forward every case to the appropriate prosecutor s office (County Attorney for felonies, City Prosecutor for misdemeanors) d. Reports for custodial interference or access interference include: 1) A copy of the court order defining the specific terms of custody of or access to the child 2) A copy of any other available related court documents 3) Copies of all other incident reports detailing prior violations e. Arrests of violators should be made only to ensure the safety of the child or in emergency circumstances, including but not limited to: 1) The child is taken by a person other than a parent or agent of the parent, or 2) The parent is attempting to flee the state with the child f. Where a custodial arrest is not necessary, submit long form charges to the appropriate prosecutor s office against a party refusing to comply with a custody order

6 09/22/17 Page 6 H. INJUNCTION AGAINST HARASSMENT Injunctions against harassment issued under ARS are designed to control ongoing disputes between parties who do not fit the domestic violence relationship test under ARS (A) 1. PHYSICAL CUSTODY: If the officer determines that a physical custody arrest is warranted, do not cite and release the suspect. The officer will complete a citation and complaint and book the suspect. 2. CITE AND RELEASE NOT APPLICABLE: If the officer issues a citation, the officer may not release the suspect on a signed promise to appear. The officer must book. ARS (M) New 3. LONG FORM COMPLAINT: If the officer decides to submit a long form complaint rather than issue a citation and book, the officer will submit a misdemeanor complaint card I. RESTRAINING ORDERS [1.2.6] Handle violations of a restraining order in the same manner as a violation of an order of protection (See F Domestic Violence) J. VEHICLE REPAIR LIENS 1. ARS gives proprietors of garages and repair and service stations a lien on motor vehicles and aircraft, including the parts and accessories placed on them, for labor, materials, supplies and storage for the amount of the charges, when the amount of the charges is agreed to by the proprietor and the owner. 2. VERBAL OR WRITTEN AGREEMENT between the proprietor and the owner to any of the charges: This lien allows the proprietor to retain possession of the motor vehicle or aircraft if the owner does not pay the full amount of the agreed upon charges. Failure to return the vehicle to the owner under these circumstances is not a criminal matter. Beck v. Hy-Tech Performance, Inc., 236 Ariz. 354, 340 P.3d 433 (App. 2015). New 3. NO VERBAL OR WRITTEN AGREEMENT between the proprietor and owner to any of the charges: The proprietor has no legal right to hold the vehicle until payment is made. The proprietor must release the vehicle to the owner. Failure to return the vehicle to the owner under these circumstances may be investigated as a potential criminal matter (theft by conversion ARS (A)(2)). If the officer determines criminal enforcement is warranted, the case should be sent to the prosecutor by way of long form complaint. K. VEHICLES TOWED FROM PRIVATE PROPERTY WITHOUT PERMISSION OF VEHICLE OWNER PRIVATE TOWS WITHOUT PERMISSION OF VEHICLE OWNER 1. Tow companies that tow vehicles from private property at the direction of the property owner but without permission of the vehicle owner have no legal authority to hold the vehicle in lieu of payment of towing and/or storage charges, even if the property is marked with signs stating that violators will be towed at vehicle owner s expense

7 09/22/17 Page 7 2. Failure or refusal to release the vehicle to its owner may be investigated as a potential criminal matter (theft by conversion ARS (A)(2). If the officer determines criminal enforcement is warranted, send the case to the prosecutor by way of long form complaint. 3. This does not apply to vehicles towed as evidence at the direction of police, or pursuant to ARS or