` CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication Order F-11 CIVIL AND FAMILY DISPUTES Subject 200 Domestic Violence Effective 12/19/14 Summary: A. POLICY This policy outlines the proper officer s response to domestic violence incidents. Chandler police officers often respond to civil disputes. These disputes often do not involve criminal violations. 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 SHOULD REMEMBER that 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. DEFINITIONS [1.2.6] Aspect 1. DOMESTIC VIOLENCE: Rev 3. ARREST AND BOOK OR SUBMIT A LONG FORM COMPLAINT on Domestic Violence and Order of Protection violators with adequate probable cause, even if the victim does not desire prosecution. Do not cite and release violators. Procedures Any act which is a dangerous crime against children as defined in ARS 13-705; or an offense defined in 13-1102 through 13-1105; 13-1201 through 13-1204, 13-1302 through 13-1304; 13-1406, 13-1425, 13-1502 through 13-1504 or 13-1602; or 13-2810; 13-2904(A)(1, 2, 3, 6); 13-2910 (A)(8 or 9), 13-2915 (A)(3), 13-2916, or 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02, or 13-3623, if any of the following apply: a. The victim 1) Is the spouse or former spouse of the defendant 2) Is the parent of a child of the defendant 3) Is pregnant by the defendant 4) Resides or resided in the same household as the defendant b. The victim is related to the defendant or the defendant s spouse by blood as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepchild, step-grandchild, brother-in-law or sister-in-law c. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual
12/19/14 Page 2 Aspect 2. AGGRAVATED DOMESTIC VIOLENCE Procedures relationship: 1) The type of relationship 2) The length of the relationship 3) The frequency of the interaction between the victim and the defendant 4) If the relationship has terminated, the length of time since the termination A Class 5 felony that may be charged against any suspect who commits a third or subsequent violation of a domestic violence offense within an 84 month period (ARS 13-3601.02) 3. STRANGULATION Intentionally or knowingly impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument (ARS 13-1204B) 4. AGGRAVATED HARASSMENT 5. EMERGENCY ORDER OF PROTECTION The person commits the act of harassment when one or all of the following apply: a. A court has issued an order of protection or an injunction against harassment against the person and in favor of the victim of harassment and the order or injunction has been served and is still valid b. The person has previously been convicted of an offense included in section 13-3601 c. With the same victim of the previous offense (ARS 13-2921.01) An order of protection available when there are reasonable grounds to believe a person is in immediate and present danger of domestic violence. This EOP is issued by a Maricopa County Judge telephonically during non-court hours (Monday Friday after 5 pm, on weekends, and holidays). C. INVESTIGATING DV CASES The suspect of the order must have personal service or actual notice of the substance of the order Aspect 1. FIRST RESPONDER PROCEDURES Procedures a. De-escalate the situation 1) Check for injured parties; call for paramedics if needed 2) Identify and separate all parties involved 3) Audio record contacts with all parties b. Obtain a recorded detailed account of the entire incident c. Interview child witnesses/victims per the MCSO Interagency Protocol by asking the following questions: 1) What happened? 2) Where did it happen? 3) When did it happen? 4) Who did it? 5) Where do you go to school? d. Determine if crime has been committed 1) Make an arrest if PC exists
12/19/14 Page 3 Aspect Rev Procedures 2) Obtain photographs of injuries, damage, and any other possible evidence. Photographs must contain a scale and color bar. 3) Run criminal history on all arrested suspects looking for previous convictions and information that may be useful for the release questionnaire e. Assess elements of strangulation 1) Determine if a domestic violence relationship under ARS 13-3601 exists 2) Determine if victim s breathing and/or circulation was impeded even if momentarily 3) Document any signs and/or symptoms of strangulation: a) Fainting or loss of consciousness, memory loss and/or confusion, loss of control of bladder or bowels, loss of sense of time, dizziness, nausea or vomiting, neck pain or sore throat, voice changes, difficulty breathing or swallowing, redness, bruising (fingertip, single on neck, behind ears), swelling of neck or tongue, ligature marks, scratches or claw marks to victim or defendant, impression marks, chin abrasions, blood red eyes, petechiae (tiny red spots from point of strangulation and up to include face, neck, hairline, inner/outer eyelid) b) May not have any visible sign of injury. Does not invalidate the strangulation. 4) Contact paramedics due to potential internal injuries 5) Photograph involved parties and the scene 6) Record all interviews 7) Contact Family Crimes Sergeant (forensic exam must occur within 120 hours of the offense) 8) Arrest suspect and hold for CIB interview 9) Complete and forward report to CIB, including documentation of visible injuries and victim statements. Do not provide medical opinion or state what did not happen/what was not observed with respect to the victim. f. Provide appropriate domestic violence information to all victims or potential victims. Victims receive Your Rights as a Victim of Crime pamphlet and a completed Victim s Rights Request/Waiver form. The potential victims receive Domestic Violence Information purple card. (ARS 13-3601J) g. Provide referral to either the Crisis Response Team or the Victim Services Unit 1) The Crisis Response Team (CR288) is available 24 hours a day to provide immediate on scene support and resources 2) The Victim Services Unit (VSU) is available Monday through Friday (8-6 pm). VSU acts as a liaison between police and the victim, assists with orders of protection and resource referrals. Contact VSU in person or by calling 480-782-4535 or via email. Refer to G.O. E-19.300 for additional information
12/19/14 Page 4 2. DOMESTIC VIOLENCE ARREST New a. IN CASES INVOLVING THE INFLICTION OF PHYSICAL INJURY or the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person who is at least 15 years of age if the officer has a probable cause to believe that the offense has been committed and the person being arrested has committed the offense b. ARREST AND BOOKING ARE RECOMMENDED for the violation or combination of violations of the following offenses. A decision not to arrest requires the approval of the shift supervisor. 1) Threatening and intimidating or disorderly conduct (Not involving physical injury or the use or exhibition of a deadly weapon or dangerous instrument) 2) Harassment 3) Criminal trespassing 4) Stalking 5) Use of telephone to terrify, intimidate, threaten, harass, annoy, or offend 6) Criminal damage 7) Simple assault, with no physical injury to victim 8) Unlawful distribution of images c. BOOK PERSONS ARRESTED FOR MISDEMEANOR charges involving domestic violence offenses into the county jail d. BOOK PERSONS ARRESTED FOR FELONY CHARGES involving domestic violence offenses or combined felony and misdemeanor charges into county jail and submit as incustody complaints through the County Attorney. 1) ALL SUBMITTALS will include: Complete police report, 911 tapes, copies of all photographs, copy of all audio recordings, certified copies of prior convictions, medical records and copies of OOP s along with certificate of service **For in custody cases: a) Submit lab requests for photographs with In custody written on request b) Contact records for copies of all audio recordings c) Contact dispatch for copy of 911 recording 2) Refer to the County Attorney s checklist for additional information 3) If officers need assistance obtaining certified court records or other necessary items, contact the Family Crimes Unit for assistance e. DOCUMENT A SEIZED FIREARM on the Form IV sent to the court 3. OFFENSE REPORT Complete an offense report when a crime classified under domestic violence has occurred. Title the report describing the criminal act, e.g., assault, kidnap, followed by the initials DV and include: a. Addresses and telephone numbers of witnesses, both home and business of a person who would be made aware of the victim s whereabouts if victim was to go into hiding (shelter)
12/19/14 Page 5 b. Obtain alternate contact information for the victim including telephone number for parents, siblings, or friends c. The relationship of the involved parties d. The emotional state of the victim and suspect and any spontaneous statements or excited utterances made by the parties involved e. All other statements made during the audio recorded interviews of all of the involved parties f. Any prior incidents of domestic violence and arrest history of parties involved, including city and state occurrences g. Documentation of injuries (e.g., diagrams, hospital records, statements from paramedics or fire personnel) in detail and a notation of the fact that photographs of injuries were taken by a crime scene technician. If the victim goes to the hospital, request the victim to sign a release of medical records form and include it in the report. h. Consider follow up photographs to show the progression of injuries i. Document the condition of the crime scene and victim, if relevant by photographs j. Include the information that no arrest was made and the reason when filing long form charges to the city prosecutor k. Documentation of victim assistance given to victim D. SEIZURE OF FIREARMS PURSUANT TO ARS 13-3601(C) Officers may seize firearms at the scene of a domestic if a firearm is discovered on the premises in plain view or through a consent search and there is reason to believe that the firearm will expose the victim or another person in the household to risk of serious bodily injury or death 1. THE INVESTIGATING OFFICER will advise the on-duty sergeant of the circumstances and seizure 2. THE SERGEANT will ensure that the required paperwork is completed 3. FIREARMS SEIZED AS EVIDENCE will be kept until the completion of the case and are not subject to be returned under this law 4. FIREARM SEIZED FOR SAFEKEEPING under ARS 13-3601 shall be held at least 72 hours a. Property receipt: 1) Provide a copy of the property receipt to the owner 2) Obtain the owner/person s signature on the receipt 3) Indicate the identification or serial number or other identifying characteristic of each seized firearm 4) Check the box on the property receipt that the case was Domestic Violence 5) Note the length of time the firearm is to be retained in the comment section of the receipt and in the general offense report narrative 6) Include victim information for proper notification
12/19/14 Page 6 b. An officer must notify the victim prior to releasing a firearm seized under this statute 1) After two unsuccessful telephone attempts, send a registered letter to the victim s address 2) Property is allowed three working days to complete paperwork and background checks prior to any weapon release. The officer will make this information available when they seize a firearm. c. If the officer believes that the firearm seized should be retained longer than 72 hours, he should: 1) Include sufficient information in the report s narrative to explain why the return of the firearm will endanger the victim, the person who reported the assault or threat, or another person in the household 2) Hold Limit: The firearm will not be retained for more than six months following the date of seizure a) After the Prosecutor s Office releases a weapon, or no charges are filed, the property custodian will notify the victim prior to releasing the firearm b) After two unsuccessful telephone attempts, a registered letter will be sent to the victim s address 5. COURT-ORDERED FIREARMS SEIZURE (DV): When a defendant turns in a firearm to the Police Department as a result of a domestic violencerelated court order, an officer will be called to receive and impound the firearm as seized. a. Complete a property receipt and give a copy to the owner/person delivering the firearm(s) b. Attach a copy of the court order to the property receipt when the firearm is placed into property c. The firearm will remain in property until: 1) The court order expires 2) The order has been modified or quashed, or 3) The police department is served with a court order to release the firearm E. ENFORCEMENT OF A COURT ORDER (DV) 1. THE ORDER FOR PROTECTION CLEARLY STATES that the defendant can be arrested and prosecuted for interference with judicial proceedings for resisting or disobeying the court order. Officers should consider the actions of the suspect as well as the suspect s criminal history when determining whether to take the suspect into physical custody. The suspect may be booked, but no citation can be issued a. In accordance with the Full Faith and Credit Act, court protective orders from other states and Indian tribes are recognized as valid in the State of Arizona and should be handled with the same procedure as any other court order b. The Prosecutor will not charge a victim with interfering with judicial proceedings in violation of their own order of protection c. Prior to making an arrest for an order of protection violation, verify the order and any specific conditions listed by: 1) Calling MCSO Records (602.876.1061) 2) Checking the victim s copy of the Affidavit of Service if MCSO has not received their copy of the order
12/19/14 Page 7 3) Checking NCIC for a Wants/Warrants check d. There is a statutory presumption of the validity of a certified copy of an order whether or not registered with a law enforcement agency for a period of one year from the date of service on the respondent e. Statutory immunity exists from civil or criminal liability for an arrest as long as the officer acts on probable cause and without malice 2. JOINT PRELIMINARY INJUNCTION: Superior Court may issue if the parties are involved in litigation relating to dissolution of marriage, separation, annulment, or paternity lawsuit. A victim involved in any of the above proceedings may obtain an order of protection from Superior Court, not a justice or city court. a. Advise the party seeking enforcement of the preliminary injunction to contact the court issuing the injunction for potential contempt of court action b. Officers will not arrest a subject solely for violating a preliminary injunction, but take the appropriate actions for any criminal acts committed in conjunction with the preliminary injunction violation 3. ORDER OF PROTECTION VIOLATIONS a. When preparing booking paperwork for in-custody cases for interfering with judicial proceedings for violation of an order of protection where this is the only violation/charge: 1) Follow the standard procedures for domestic violence offenses 2) Do not issue a citation 3) Complete booking paperwork, which includes: Figure 1. In-Custody Paperwork Distribution Item Requirements a) Citation number An interim number (e.g., Year-I-Report#: e.g., 14-Ispace 123456) b) Form IV: Attach to booking sheet and forward to Records c) Offense Report 1) The court name and order of protection number including 2) When the suspect was served with the order 3) Whether the suspect acknowledges or denies the service 4) Whether the suspect denies the service, how did the officer confirm service (e.g., affidavit of service) 5) What section of the order of protection was violated and how the suspect violated that section d) Copy of order of With affidavit of service protection e) Misdemeanor Complaint Card Write in bold letters on the top of the form IN- CUSTODY 4) Deliver a copy of all paperwork to the City Prosecutor s Office as soon as possible and notify City Prosecutors by email of in custody b. In-custody cases involving criminal charges in addition to order of protection violations - interfering with judicial proceedings 1) Follow the standard procedures for domestic violence offenses 2) Attach a copy of the order of protection and affidavit of service to the report
12/19/14 Page 8 a) Complete a misdemeanor complaint card for the order of protection violation - interfering with judicial proceedings. Do not list this charge on the booking sheet. Turn in this misdemeanor complaint card with normal paperwork at the end of shift. b) Complete a citation for charges other than the order of protection - interfering with judicial proceedings. List these charges on the booking sheet. c) The officer will complete a Form IV and include the following in the summary section of the Form IV: Information to establish the probable cause for the charges being booked on That the officer has requested a complaint from the City Prosecutor s office charging the suspect with the order of protection violation - interfering with judicial proceedings Court name and order of protection number When suspect was served with the order If the suspect acknowledges or denies service If the suspect denies service, how the officer confirmed service (e.g., affidavit of service) Which section violated and how violated c. Additional non-in-custody cases involving criminal charges (e.g., trespassing, disorderly conduct, etc.): 1) Follow the standard procedures for domestic violence offenses 2) If the officer cannot locate the suspect, submit the case using the standard procedure for long form complaints 3) Harassment orders are non-domestic, and suspects can be booked or cited and released F. OBTAINING ORDERS OF PROTECTION 1. EMERGENCY ORDERS OF PROTECTION (EOP): In Maricopa County, judges will be available telephonically during non-court hours to issue an emergency order of protection (Monday through Friday after 5 p.m., on weekends, and holidays). The suspect of the order must have personal service or actual notice of the substance of the order. a. Contact MCSO Communications at 602.876.1000 and ask to be connected to the on-call judge b. Advise the judge that there are reasonable grounds to believe a person is in immediate and present danger of domestic violence c. If the order is granted, complete the emergency order section of the EOP and request an EOP number from MCSO Records/Warrants: 1) Before 5 p.m.: 602.876.1070 2) After 5 p.m.: 602.876.1061 (MCSO records personnel work until 6 p.m. daily. After that time MCSO warrants personnel handle the EOPs) d. Notify MCSO that the order has been served by calling: 1) Before 5 p.m.: 602.876.1070 2) After 5 p.m.: 602.876.1061
12/19/14 Page 9 e. Distribution of the forms: Figure 2. Distribution of Order of Protection Copies Copy Requirements Original white: Place in the labeled envelope to be sent to the Superior Court. Place the envelope in the out-going mailbox outside the Briefing Room. Second copy: Give to the plaintiff Third copy: Give to the defendant Fourth copy: File with your report f. ***Ensure that the Plaintiff understands that the order is only valid until 5 p.m. of the following business day. The plaintiff must obtain a permanent order from the court by that time. 2. ENFORCING ORDERS OF PROTECTION (See F-14.100 for service) a. Strictly enforce orders of protection b. Officers will serve an order of protection upon the request of the person who is protected by the order c. Pursuant to A.R.S. 13-3602(R), an out-of-state order of protection is enforceable in Arizona without further court action d. When an officer has probable cause to believe that a person has violated an order of protection, the officer shall arrest and book that person unless otherwise approved by supervisor