Fort Wayne PD Domestic Violence Protocol

Purpose

• Establishes the Fort Wayne Police Department's Domestic Violence protocol.
• Prescribes preliminary courses of action for police officers responding to domestic violence incidents.

Policy

• Crimes between family/household members are treated with the same seriousness as other violence.
• Officers should use community services along with law enforcement.
• The objectives are to break the cycle of domestic violence, protect victims, provide support, and promote officer safety.

Definitions/References

• Indiana Code 35-33-1-1 allows officers to arrest if they have probable cause that a misdemeanor or a battery was committed.
• Battery resulting in bodily injury falls under IC 35-42-2-1.
• Domestic battery is covered under IC 35-42-2-1.3
• Strangulation: Indiana Code 35-42-2-9
• “Family or household member” is defined under Indiana Code 35-31.5-2-128.
• A "family or household member" includes current or former spouses, dating partners, those in a sexual relationship, relatives, those related by marriage, or those with a legal relationship.
• Legal relationships include guardian, ward, custodian, or foster parent.
• It also includes those with a child in common.
• If a minor child is in the household of both persons, the individuals are considered “family or household members”.
• Stalking: Indiana Code 35-45-10-5
• Invasion of Privacy: Indiana Code 35-46-1-15.1
• Domestic violence includes offenses by family or household members:
  • Touching in a rude or angry manner.
  • Bodily injury or threat of injury.
  • Sexual battery.
  • Physical restraint
  • Strangulation
  • Property crime against the victim.
  • Violation of a court protective order.
  • Death.
• Intimate Relationship: Persons in or who were in a sexual relationship, married, or have a child together.
• Shall: Mandatory
• Should: Strongly encouraged at the officer's discretion

Procedures

• Dispatchers prioritize domestic violence calls (Signal 46/96) and dispatch at least two officers.
• The priority is saving the victim's and officer's lives by providing vital information
• If the incident is in progress, officers proceed Signal 84.
• If the perpetrator has left, officers respond Signal 85.
• Dispatchers relay information about the suspect's presence/whereabouts, weapons, injuries, offender impairment, presence of children, existing protective orders, history of complaints, and 911 tapes.
• Dispatchers shall not cancel the police response based solely on follow-up calls from the residence.
• The dispatcher will advise officers of the complainant's request
• Dispatchers send all 911 hang-ups and assign two units to investigate.
• Two officers respond to all 911 hang-up calls
• If the 46/96 is no longer in progress and the perpetrator has left, units respond signal 85

Responding Officer

• On-scene, officers should physically separate parties and restore order.
• Take control of weapons if there is probable cause of battery
  • If a firearm, ammunition, or deadly weapon poses immediate risk to the victim
  • If the firearm, ammunition or deadly weapon was observed at the scene.
• Assess the need for medical attention.
• Check for signs of strangulation if alleged.
• Separate and interview all witnesses individually and note the names and ages of all witnesses.
• Follow domestic violence protocols for evidence collection as domestic violence is a serious offense demanding thorough documentation.
• Photograph all injuries and evidence using the FWPD digital camera.
• Document the evidence and download photos to FWPD's storage system (Veripic).
• Place physical evidence in the property room.
• Include photos of the suspect's face and hands, and close-ups of the victim's injuries.
• Always complete a Direct Entry report, whether or not an arrest is made.
• Complete a Probable Cause form for any arrest.
• Direct all reports with victim information to the Victim's Assistance Unit.
• Always verify if the suspect has a prior battery conviction.
• A prior battery conviction elevates the domestic battery charge to a Level-6 felony.
• The charge can also be elevated to a Level-6 felony if a child under 16 was present and may have witnessed the offense.
• Mark the booking sheet "DV" for domestic arrests, to implement the Allen County Bond protocol.
• Code any report with victim information as "SAVIC".
• Provide victims with the Victim Rights' form, as mandated by Indiana law.
• Advise victims to contact the Victim's Assistance Office.
• Transport victims and children to a safe place if they wish to leave the residence.
• Standby and assist victims in removing clothing and medications.
• Code/send the DE report to the Department of Child Services and Victims Assistance Unit if children are present.
• Conduct a Lethality Screen in domestic violence investigations and notify the victim and provide the hotline if positive.

Detective Bureau

• The Detective Bureau is contacted when:
  • Any suspect has been arrested for a felony, except traffic/narcotics arrests.
  • Victim injuries warrant medical attention.

Domestic Violence Arrests

• Officers should arrest with probable cause and legal authority and cannot issue a summons or citation.
• The reason for not arresting should be based on facts, witness statements, and evidence.
• Officers should not use personal opinions when deciding whether to arrest.
• Document the decision not to arrest.
• Officers must arrest with probable cause of Domestic Battery with injury or felony.
• This applies to intimate relationships, even if the complainant/victim does not want prosecution or is reluctant.
• Officers arrest when any other misdemeanor is committed in their presence with valid warrants.
• Officers should arrest in intimate relationships if there is probable cause believe that a domestic battery occurred with rude or insolent touching.
• Officers should arrest in family/household (but not intimate) relationships if a Class A misdemeanor or felony has been committed.
• Emphasize to the victim and offender that the criminal action comes from the State of Indiana, not the victim.
• Factors for Probable Cause
  • Observed signs of injury or complaint of being hurt.
  • Victim statements describing the incident may establish Class A Misdemeanor Battery
  • Statements from other people including children describing direct knowledge of what happened to establish a Class A Misdemeanor Battery
  • Any statements that the suspect says against themselves
  • The officer's direct knowledge of battering behavior or other observations.
• If the suspect has left, a Domestic Violence Probable Cause Template should be done.
  • If they are in an intimate relationship, in Spillman for arrest and a Domestic Violence Probable Cause is on file.
  • If they are found within 24 hours and properly identified, the suspect should be arrested.
  • The arresting Officers will add the account of locating the suspect into the report, and a Direct Entry report is completed.
  • A copy of the report, and Probable Cause form goes into the Prosecutors box and sent to the Prosecutor's Office and Victim's Assistance Office.
  • A DB sergeant or above can extend this 24 hour time period.
• If the suspect has left the scene and probable cause exists that a crime was committed and family member where the parties involved were a family, a Direct Entry report will be completed.
  • If the suspect is found on shift, should be arrested and a Domestic Violence Probable Cause form completed for the arrest.

Victim Assistance at Scene

• The victim's health and safety comes first, and they should be assisted with medical treatment if they claim injury or sexual assault.
• Photos of the victim's injuries should be taken immediately, and follow-up photos recommended.
• Assist victims in arranging transportation to an alternative shelter.
• If the victim expresses concern for safety and the suspect is not immediately located and arrested, officer's may transport the victim and children to a place of safety.
• Officer(s) may standby for a reasonable length of time to assist in removing personal items for themselves and for children.
• Inform victim of the date and time of the perpetrator's first court appearance.
• Victims may contact the Fort Wayne Police Department Victim Assistance for advice on future events.

Invasion of Privacy Arrests

• Violation of a Protection Order is an invasion of privacy.
• Officers should still act on the order regardless of actions or wishes of the victim.
• The officer and agency are liable for failure to protect if an arrest is not made.
• The violation of a protection order is invasion of privacy, IC 35-46-1-15.1, a Class A Misdemeanor which officers may arrest even if not witnessed.
• Before an arrest for privacy investigations can be made the officers must ensure that there is proof of service of that order to the respondent.
• Officers must check for previous convictions, as the violation becomes a Level 6 Felony with a prior conviction for invasion of privacy.
• Orders of protection from outside of Indiana will be enforced once the officer can confirm an active order is in place, and that the violation is knowing or intentional.
• Orders of protection should be verified through Records.

Stalking

• Stalking cases: IC 35-45-10-5
• On-scene arrests for stalking will rarely occur.
• Cooperation from the Detective Bureau and Prosecutor's Office is required for on-scene arrest.
• A stalking case is built through documentation and evidence collection.
• Officers will document reports documenting the number of telephone calls, time of day, content of message, etc., that is received by the victim.
• Officers should always direct a victim to contact the FWPD Victim's Assistance Office.
• Evidence like letters, e-mails, cards, tape recordings, etc. should be collected.
• Forward a report copy to the Prosecutor's Office and Victims Assistance.
• A copy of the report will be forwarded to the Prosecutor's Office and Victims Assistance.
• The report should also be forwarded to the Investigative Support Division if the incident meets felony parameters.
• The report should also be forwarded to the Indiana Department of Child Services if any children are involved.
• Victims should be given a Victim Rights Form and advised to contact Victims Assistance.