Protection Orders and Harassment Policy PDF

PROTECTION ORDERS AND HARASSMENT POLICY: It is the policy of the Omaha Police Department (OPD) to enforce violations of Protection Orders issued by the State of Nebraska, as well as Protection Orders issued in other states and jurisdictions, and to enforce the City of Omaha Telephone Harassment Co...

PROTECTION ORDERS AND HARASSMENT POLICY: It is the policy of the Omaha Police Department (OPD) to enforce violations of Protection Orders issued by the State of Nebraska, as well as Protection Orders issued in other states and jurisdictions, and to enforce the City of Omaha Telephone Harassment Code (20-62). DEFINITIONS: Applicant (Plaintiff): The person who sought the Protection Order or initiated the court case. Credible Threat: A threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for their safety. Exclusionary Order: A restraining order or Protection Order that contains a provision excluding the respondent from the premises occupied by the applicant. Ex parte: A legal term meaning "on one side." Refers to a Protection Order that is issued without a prior hearing and before the other party receives notice of the order. Harassment: To knowingly and willfully engage in a course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose (NRS §28- 311.02). Protection Order: A court order issued to provide protection to a victim of domestic violence or a victim of stalking, pursuant to NRS §42-924, et seq. Protection Orders prohibit the respondent from imposing any restraint upon the applicant, and from harassing, threatening, assaulting, molesting, attacking, or disturbing the peace of the applicant, or telephoning, contacting, or otherwise communicating with applicant. A Protection Order may also include a provision that excludes the respondent from the premises occupied by the applicant. Respondent (Defendant): The adverse party against whom a protection or restraining order is issued. Show Cause Order: Refers to an order that requires both parties to come to court prior to deciding whether to issue a Protection Order. This type of order does not grant the applicant any protections nor does it place any restraints or conditions on the defendant. Stalking: Willfully harassing another person or family or household member with the intent to injure, terrify, threaten, or intimidate (NRS §28-311.03). Terroristic Threat: A person commits terroristic threats if they threaten to commit any crime of violence with the intent to terrorize another; with the intent of causing the evacuation of a building, place of assembly, or facility of public transportation; or in reckless disregard of the risk of causing such terror or evacuation (NRS §28- 311.01). PROCEDURE: I. Protection Orders A. Officers who respond to calls that may involve a violation of a Protection Order shall establish probable cause for arrest and verify the violator was served with the Protection Order. Probable Cause exists if officers can establish any of the following: 1. The violator is imposing restraint on the personal liberty of the victim. 1  2. The violator is threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the victim. 3. The violator is threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the minor child or children. 4. The violator is upon the premises of the victim’s residence. NOTE: The address listed on the Protection Order is NOT the only address where the order applies and does NOT restrict the officer from arresting the suspect if the suspect is violating any of the restrictions listed on the Protection Order. Officers will enforce valid Protection Order violations even if the victim address listed on the Protection Order does not reflect the victim’s current address. 5. The violator is harassing the victim either by telephone, in person, or by stalking the victim. B. Officers will verify that the suspect has been served with a copy of the Protection Order by contacting the OPD Information Channel. 1. The Information Channel Operator will verify the existence of a Protection Order. a. The computer search will display the day, date, and time the order was served, and a screen printout of that information may be used in lieu of a formal signed copy for arrest and booking purposes. b. The screen printout information will be included with all original reports of the incident. NOTE: The Information Channel Operator can print a copy of the Protection Order out of Justice. 2. The Information Channel Operator may also verify the existence of a Protection Order, proof of service, and make certain that the one-year expiration date has not expired. 3. Once verification is made that a Protection Order is active and proof of service is on file, the officer will determine if the Protection Order is a Domestic Abuse Protection Order. a. If the Protection Order is a Domestic Abuse Protection Order, officers shall physically arrest and book the violator. b. If the Protection Order is a Sexual Assault Protection Order, officers shall physically arrest and book the violator. c. If the Protection Order is a non-DV related Harassment Protection Order, officers may use their discretion to determine if it is appropriate to arrest and book the violator. C. If an officer is unable to contact the Information Channel to verify that the suspect has been served with a copy of the Protection Order, the officer will use the Nebraska Crime/Justice Information System (NCJIS) to verify. D. If the officer is unable to verify through the Information Channel and NCJIS, the officer will contact a field sergeant for further direction. 1. The officer may inspect the copy of the Protection Order issued to the victim to determine the restrictions placed on the violator. 2  2. If the officer is uncertain whether the Protection Order is valid, and it is a Sexual Assault or Domestic Abuse Protection Order, the officer shall enforce the order. a. If the violator is present and committed a listed violation, then the officer shall initiate an arrest and take the violator into custody. 3. If the Protection Order is a non-DV related Harassment Protection Order, officers may use their discretion to determine if it is appropriate to enforce the order and to arrest and book the violator. NOTE: Officers will contact a command officer when in doubt regarding the course of action to be taken in the service or enforcement of any Protection Order. E. Some Protection Orders contain “immediate removal” clauses. In these cases, the Douglas County Sheriff’s Office (i.e., DCSO deputies and/or process servers) is responsible for the immediate removal of the violator(s) at the time of the Protection Order service, regardless of whether the violator is a leaseholder or owner of the property. OPD may be called to assist with the immediate removal along with a DCSO process server. 1. If OPD officers respond to the scene after the service of the Protection Order, and the violator is present, then the violator has violated the Protection Order and shall be arrested and booked. This applies even if the violation occurs at a later time but on the same day the Order was served. F. If an officer does not enforce a Protection Order for any reason (i.e., violator is not present, cannot establish probable cause, etc.), the officer will include an explanation in the Incident Report explaining why the Protection Order was not enforced and forward the report as follows: 1. Domestic Abuse Protection Orders – Domestic Violence Squad. 2. Sexual Assault Protection Order violated by a sexual assault – Send all applicable reports to the Child Sexual Assault Squad or the Adult Sexual Assault Squad, as appropriate. 3. Non-DV related Harassment Protection Orders – Assault Unit. NOTE: If an Incident Report is not completed, officers will complete an Information Report explaining why the Protection Order was not enforced and forward the report to the appropriate investigative squad/unit. G. In cases where there is probable cause, but the violator is not present, the officer will: 1. Domestic Abuse Protection Orders – Send all applicable reports to the Domestic Violence Squad for follow-up on the incident. 2. Sexual Assault Protection Orders: a. Send all applicable reports to the Child Sexual Assault Squad or the Adult Sexual Assault Squad, as appropriate, for follow-up on the incident for violations that are: (1) By means of sexual assault. – OR – 3  (2) Non-Domestic Violence related and not violated by sexual assault. b. Send all applicable reports to the Domestic Violence Squad for follow-up on the incident for violations that are Domestic Violence-related and not violated by sexual assault. 3. Non-DV related Harassment Protection Orders – Complete an Incident Report, attention to the Assault Unit, to document the incident/events. H. When making an arrest for the Violation of a Protection Order, the victim and witnesses will be interviewed, and Forensic Investigations Unit (FIU) services will be used when necessary (e.g., photographs of any physical injury, etc.). 1. Any person who knowingly violates a Protection Order and does not have a prior conviction for violating a Protection Order will be charged with a Class I Misdemeanor. 2. Any person who knowingly violates a Protection Order and has a prior conviction of violating a Protection Order, will be charged with a Class IV Felony. 3. Any person who knowingly violates a Protection Order and is in possession of a firearm, knife, or brass/iron knuckles will also be charged with “Possession of a Deadly Weapon by a Prohibited Person” (NRS §28-1206). 4. Any person who knowingly violates a Protection Order, does not have a prior conviction for violating a Protection Order, and is carrying a firearm or destructive device will also be charged with “Carrying a Firearm or Destructive Device During the Commission of a Dangerous Misdemeanor.” See NRS § 28-1205 or OPD’s “Weapons Offenses – Booking and Charging” policy for more information. I. Officers who physically arrest and book individuals for Violation of a Protection Order will complete an Incident Report. J. Officers will advise victims that the reports will be forwarded for follow-up investigation. K. All completed Incident Reports pertaining to violations of Protection Orders will be assigned to the Omaha/Douglas County Victim/Witness Assistance Division for follow-up contact with the victim. L. At the time of booking, the arresting officer(s) will leave a copy of the completed Incident Report and a copy of the Protection Order or a computer printout, verifying service of the order with Douglas County Detention Center personnel. 1. The copy of the Incident Report, Protection Order, or computer printout will be forwarded to the court. 2. The Prosecutor’s Office will be responsible for obtaining a copy of the Protection Order and proof of service from the Clerk of the District Court for those individuals booked per a computer printout. M. When a physical arrest is not made, Incident Reports will be submitted through the normal channels. N. Officers may be called to be present on the scene when parties are transferring property when there is a valid protection order in place. Officers are often requested to maintain order during the transfer, to reduce the need for the victim and respondent to interact, and to avoid future disturbances. 4  1. Officers will verify that the Protection Order is in place using the Information Channel or NCJIS, as described in this policy. Officers will review the contents of the Protection Order, including the restrictions placed on the respondent. 2. Officers will verify that the respondent has been served with the Protection Order and that the order has not reached its one-year expiration. 3. Officers shall conduct a complete data check to ensure none of the parties involved have any outstanding warrants. 4. Officers shall contact the party possessing the property to ensure they have the property and they are willing to assist with the transfer. a. It is recommended that officers contact the party with the property via phone in advance. b. If the officers are not able to make contact with the party possessing the property, or the party does not agree to transfer the property, the transfer will not take place. c. Whenever possible, arrangements shall be made for a third party to collect the items. 5. In order to increase the safety of all involved parties, including the officers, officers shall notify the subject of the Protection Order that officers will complete a pat down search for weapons on all parties involved with the transfer of property. 6. Officers will only be present on the scene for the transfer of property that can easily be retrieved and that are necessary for basic living such as items of clothing, work keys, and other personal property. Officers will not coordinate moving of large items, such as furniture and appliances. Officers will not allow the transfer of any items in dispute. II. Foreign Protection Orders A. A valid foreign harassment Protection Order, or order similar to a harassment Protection Order issued by a court of another state, tribe, or territory, will be enforced as if it were issued by the State of Nebraska as described in the Protection Orders section of this policy. B. Violations of Foreign Protection Orders will be documented on an Incident Report. 1. An investigator will forward all reports related to Foreign Protection Orders or orders which have been filed in outside jurisdictions to the Douglas County Attorney’s Office. Foreign Protection Orders can be verified at the Douglas County Protection Order Office. C. Officers will inform victims that Foreign Protection Orders need to be registered at the Douglas County Protection Order Office (See Appendix A for the phone number). III. Hold for Service of a Protection Order A. The Douglas County Sheriff’s Office (DCSO) is responsible for serving Protection Orders. 1. After a Protection Order has been served, it may be enforced by OPD officers. 5  B. If an individual is found to be a respondent to an un-served Protection Order, the officer will detain that individual for a reasonable time period for service of the Protection Order by the DCSO. 1. The State of Nebraska Attorney General’s Office has determined that the detention of an individual for up to 45 minutes to one hour is a reasonable time period to detain an individual, so long as that period is no longer than necessary to effectuate the service of a previously issued Protection Order (Opinion 00018). 2. If the subject is being booked into Douglas County Department of Corrections (DCDC) for another offense, the officer will NOT call the DCSO to serve the Protection Order. In these circumstances, the subject will be served when they are released or during regular business hours at DCDC. IV. OPD Employee-Involved Responsibilities A. Employees shall contact the City Law Department before filing a Protection Order application or responding to an application for a Protection Order filed against them relating to work-related incidents. 1. The City Law Department will consider these situations on a case-by-case basis to determine if they are work-related and decide whether to assist in preparing the application or to represent the employee in a show cause hearing. B. OPD employees who have been served with a Domestic Abuse, Sexual Assault, or Harassment Protection Order must comply with following: 1. Accused employees will notify their supervisor of any Protection Orders and provide a copy of the order to their supervisor. 2. Accused employees must forward a copy of the Protection Order and an Inter-Office Communication explaining the circumstances through the chain of command to the Office of the Chief of Police. 3. Accused employees may request a court hearing within five days after service. A copy of the written request for the court hearing will be forwarded to the Office of the Chief of Police. 4. If accused employees do not ask for a hearing, or if a hearing is conducted and the Protection Order is not dissolved, they will be subject to the conditions of the Protection Order for one year. 5. Employees subject to any Protection Order will surrender all personally owned firearms, components, and ammunition to their attorney, a third party eligible to possess firearms, or to their immediate supervisor for the duration of the Protection Order. a. Employees will submit a written document to the Internal Affairs Unit describing the disposition of their personal firearms, to include who has possession, with a complete description of each firearm and/or all ammunition. NOTE: This process will be facilitated by the Professional Oversight Bureau. C. Sworn employees who have been served with a Protection Order may be allowed to carry a department owned loaner firearm during their official work shift. 6  1. If approved, the officer’s supervisor will coordinate assignment of a loaner firearm from the Training Unit. 2. The loaner firearm will be stored by the officer’s supervisor in a locked and secure space for safekeeping except when issued to the officer during the officer’s official duty shift. 3. Officers who are subject to Domestic Abuse Protection Orders will not be assigned to individual public duties when they are issued a loaner weapon. a. If an officer’s duties require public interaction, they will be assigned a partner who shall accompany the officer subject to a Domestic Abuse Protection Order at all times outside a police facility. b. Uniform Patrol Bureau (UPB) officers who are subject to a Domestic Abuse Protection Order may be assigned as a Baker Unit. c. The Bureau Deputy Chief of the officer subject to a Domestic Abuse Protection Order, after consulting the Chief of Police, may modify the duty assignment. The modification may include allowing unaccompanied duty, limited unaccompanied duty, or full administrative assignment. 4. Officers who are subject to Sexual Assault Protection Orders will not be assigned to individual public duties when they are issued a loaner weapon. a. If an officer’s duties require public interaction, they will be assigned a partner who shall accompany the officer subject to a Sexual Assault Protection Order at all times outside a police facility. b. UPB officers who are subject to a Sexual Assault Protection Order may be assigned as a Baker Unit. c. The Bureau Deputy Chief of the officer subject to a Sexual Assault Protection Order, after consulting the Chief of Police, may modify the duty assignment. The modification may include allowing unaccompanied duty, limited unaccompanied duty, or full administrative assignment. 5. The Bureau Deputy Chief of an officer subject to a Harassment Protection Order, after consulting the Chief of Police, will determine whether or not to modify the subject officer’s duty assignment. 6. The officer will NOT be granted permission to engage in uniformed part-time employment for any employer other than the OPD. D. If an officer is arrested for the violation of a Protection Order, the officer will no longer be permitted to carry a firearm on-duty. If this occurs, the firearm, components, and ammunition will be returned to the OPD Training Unit. V. Telephone and Electronic Harassment A. Omaha City Ordinance makes it unlawful for any person to purposely or knowingly harass another person via telephone calls, voice mails, text messages, social media posts, emails, or other similar electronic communication. B. Officers shall complete an Incident Report in accordance with Omaha Municipal Code 20-62. REFERENCES: 7 I. Laws A. Nebraska Revised Statutes: §42-924, 42-935, 28-311.01 to 28-311.05, 28-311.11, 28-1205, and 28-1206. B. Omaha City Municipal Codes: 20-62. II. Previous OPD Orders A. Previous General Orders: #25-92, 57-94, 6-02, 22-07, 31-08, 91-16, 120-16, 96-17, Supplement #1, 35-18, 31-19, 14-22, 14-22 Supplement #1, and 69-23. III. Other A. PPM Monthly Updates: #08-2017. 8