Domestic Violence

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PC 13700(a)

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Abuse: Means intentionally or recklessly causing or attempting to cause bodily injury, or sexual assault, or placing another person in reasonable apprehension of imminent serious bodily injury to himself, herself, or another.

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IN CUSTODY REPORTS

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a. ALL in-custody domestic violence reports, either misdemeanor or felony, shall be completed by end of watch.
b. ALL other domestic violence reports shall be completed within 48 hours, except those approved by a supervisor

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EVIDENCE COLLECTION

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1.Photograph

a.Victim’s injuries
b.Suspect’s injuries or lack of injuries
c.Crime scene.....broken furniture, dishes, holes in the wall
d.Weapons......ashtray, phone, steel toed boots....etc..

2.Document:

a.Neighbor’s statements
b.Children’s statements
c.Neighbor’s name, address, phone number, work place
d.Children’s complete name and date of birth.
e.Victim’s nearest friend, relative and their address, phone number, work place, work phone number
f.Victim’s injuries
g.Victim’s mental state/demeanor/substance use
h.Suspect’s injuries or lack of injuries
i.Suspect’s mental state/demeanor/substance use
j.Crime scene
k.Weapons

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INTERVIEW OF INVOLVED PARTIES

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1.Always try to interview all involved parties. This includes children, neighbors and suspects.

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SPONTANEOUS STATEMENTS

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1.The DA D.V. Unit is requesting Deputies document spontaneous statements at the scene.
2.Evidence Code 1240 of spontaneous statements, can be broken down as follows:
An exciting event occurred;
(crimes and accidents);The individual making the statement perceived the event;The individual had knowledge of the event;The individual need not be competent to testify as a witness at trial;The event cause the individual to be under the stress of excitement
1)The crucial element here is the individual’s state of mind. The individual’s demeanor is an indicator of the individual’s mental state.Use specific language (i.e.Shaking,crying);The individual has become calm enough to speak coherently does not mean that the statement cannot be spontaneous. Remember, victims, suspects, witnesses, neighbors and children may make spontaneous statements. Individuals may be witnesses to spontaneous statements

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RELEASE OF RECORD INFORMATION

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1.The Sheriff's Records shall provide, without charging a fee, one copy of all domestic violence report face sheets, one copy of all domestic violence incident reports, or both, to a victim of domestic violence, upon request.It shall be made available during regular business hours to a victim no later than 48 hours after being requested
5.It shall apply to requests for domestic violence reports made within five years from the date of the report.

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REPORTING PROCEDURES

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1. The following reporting procedures are mandated by PC 13730. A police report shall be written in all cases of domestic violence. A report shall include at least both of the following:

a. A notation of whether the officer or officers who responded to the domestic violence call observed any signs that the alleged abuser was under the influence of alcohol or a controlled substance.

b. A notation of whether the officer or officers who responded to the domestic violence call determined if any law enforcement agency had previously responded to a domestic violence call at the same address involving the same alleged abuser or victim.

2. A report shall also be written in incidents involving violations of temporary restraining orders which have been issued as a result of prior domestic violence.

3. All police reports documenting domestic violence incidents shall be identified on the face of the report as a domestic violence incident.
4. In addition, all domestic violence incidents involving weapons will be identified on the face of the report (refer to box 7, SO 6) as such with a complete description given in the narrative. Officers shall state, in the narrative portion of domestic violence reports, that a "Domestic Violence Victim Information Form" was explained to, and left with, the victim.

5. Deputies shall complete Domestic Violence reports within 48 hours of the incident being reported.

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PC 13701

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1. DOMESTIC VIOLENCE VICTIM INFO FORM:PC13701 requires that officers provide, in written form, information to assist victims of domestic violence. This form shall be completed, thoroughly explained and left with every victim of domestic violence.

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VICTIM ASSISTANCE

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1.Obtaining medical assistance:
2.Alternate shelter:
3.Standby: Officers shall standby while removing essential items of personal property.

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TENANCY

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1. Request a person who is not in lawful possession of the premises to leave the premises when:

a. The complainant is in lawful possession of the premises.

b. The complainant requested that the person leave the premises.

2. Arrest the suspect under Penal Code Section 602.5 if the suspect does not leave upon request.

3. The officer should refer the complainant for a temporary restraining order or other appropriate civil remedy if the person requesting the removal cannot show proof of lawful possession.

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VICTIM INTIMIDATION

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1. Officers shall be familiar with Penal Code Section 136, et seq, which deals with victim intimidation.

a. Attempting to persuade or prevent a victim from attending or giving testimony at any proceeding is a misdemeanor.

b. Using force or expressing or implying threat of force or violence relating to the court proceeding is a felony.

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ORDER NOT VERIFIABLE

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1. When the victim is not in possession of the temporary restraining order, and officers are not able to verify the order's validity, the investigating officer shall write a report and leave a completed Domestic Violence Victim Information Form with the victim.

2. When an order is not verifiable through the verification procedures, officers shall advise the victim of the right to make a citizen's arrest for the appropriate violation.

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SUSPECT LEFT THE SCENE

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1. In the event the suspect has left the scene of the incident, an investigation should be made to determine if a crime has been committed. A retrievable report shall be made and complainant shall be advised of the follow up criminal procedure and case number of the report.

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PC 13700(b)

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DOMESTIC VIOLENCE: Abuse perpetrated against any of the following:
1. Spouse
2. Former spouse
3. Cohabitant (regularly resides in the household)
4. Former cohabitant
5. Have a child in common

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PC 13700(a)

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ABUSE: Intentionally or recklessly causing or attempting to cause bodily injury, or sexual assault, or placing another person in imminent serious bodily injury to himself/herself or another

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PC 836(c)

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ARREST W/O A WARRANT FOR VIOLATION OF PROTECTIVE ORDER: Provides offciers the authority to arrest for the violation of a protective order, wothout a warrant, even when the violation does not occur in the officer's presence

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PC 836(d)

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ARREST W/O A WARRANT: An officer may arrest a suspect without a warrant who commits an assault or battery upon a current/former spouse, fiancee, or former cohabitant

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PC 293

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PRIVACY ACT: victims of a SEX OFFENSE/DOMESTIC VIOLENCE shall be informed that their name will become a matter of public record unless they request not to make it public.

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PC 166.4 or 273.6

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VIOLATION OF A RESTRAINONG ORDER: MISDEMEANOR

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pc 12028.5(b)

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An officer at the scene of a domestic violence incident involving a threat to human life or physical assault, SHALL take temporary custody of any firearm or other deadly weapon in plain sight or discovered to a consensual search.

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PC 844

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BREAKING DOORS OR WINDOWS TO MAKE AN ARREST: to make an arrest a PRIVATE PERSON if the arrest is a FELONY and in all cases a peaceo offcier may break open the door or window of the house in which the person to be arrested is or in which they have reasonable grounds for believing the person to be after havong demanded admittance and explained the purpose for the admittance.

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PC 1530

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WHO MAY SERVE: a search warrant may in all cases be served by any of the officers mentioned in the directions and the ones aiding the officers

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PC 1531

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BREAKING DOORS OR WINDOWS-TO EXECUTE A WARRANT: the officer may break any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant if after notice of his/her authority and purpose and he/she is refused admittance.

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EXIGENT CIRCUMSTANCES

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1. TO PREVENT IMMINENT DANGER
a.victim injured/ill person
b.suspected child abuse
c.protective sweep
2. TO PREVENT SERIOUS DAMAGE TO PROPERTY
3. TO PREVENT THE IMMINENT ESCAPE OF A SUSPECT
4. TO PREVENT THE IMMINENT DESTRUCTION OF EVIDENCE