Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 18.2 INJUNCTION ORDER (DOMESTIC/REPEAT/SEXUAL/DATING VIOLENCE): BSO will provide or assist with prompt service of injunction orders issued from the Clerk of the Court and emergency injunction orders from the after-hours clerk. A....

SHERIFF’S POLICY MANUAL 18.2 INJUNCTION ORDER (DOMESTIC/REPEAT/SEXUAL/DATING VIOLENCE): BSO will provide or assist with prompt service of injunction orders issued from the Clerk of the Court and emergency injunction orders from the after-hours clerk. A. When requested by the Sheriff (or designee), the Clerk of the Court or after- hours clerk may transmit a facsimile copy of an injunction that has been certified by the Clerk of the Court or the after-hours clerk, and this facsimile may be served in the same manner as a certified copy. B. Upon receiving a facsimile copy, the Sheriff (or designee) must verify receipt with the sender before attempting to serve it upon the respondent. In addition, the certified injunction facsimile may be transmitted to the district/division/unit who shall serve it in the same manner as a certified copy. All verification procedures must be followed prior to attempting service. C. Emergency Service of Injunction Order: If the Civil Division receives a certified or true copy of an emergency-issued injunction order from the After-Hours Clerk during non-business hours: 1. Immediately contact Communications. 2. Communications will contact the zone deputy closest to the address on the order to pick up the order if: a. No Domestic Violence Control deputies are on duty, and b. The service address for the order is within a BSO district 3. Complete the Emergency Order Tracking Sheet (BSO C#57). 4. If the Address for Emergency Service is Within a Municipality: a. Communications will notify the municipal police agency requesting their assistance with the service of the order. b. If needed, BSO zone deputies will assist by delivering the order from the courthouse to the municipal police agency. Reviewed: New Issued: 01/08/2019 Rescinds: N/A Effective: 01/08/2019 18.2 Page 1 of 8  SHERIFF’S POLICY MANUAL c. If municipal police cannot assist with the service of the order, the nearest BSO zone deputy will be dispatched. 5. Zone deputies will record relevant details on their Daily Patrol Activity Log (BSO RP#60). 6. Deputies will attempt service of the order on the respondent as soon as possible after receiving the order. 7. Deputies serving orders to respondents between 5:00pm to 8:30am, Monday through Friday and any time on weekends and holidays will immediately telephone Records. Records will maintain the Verification System Log (BSO C#33). 8. Deputies serving orders between 8:30am - 5:00pm (excluding holidays and weekends) will immediately telephone Civil's Domestic Violence Control. Civil is responsible for providing to the court the documentation of orders served to respondents. 9. Deputies will provide Civil or Records the following information: a. The respondent's name, current address, and physical description. b. The petitioner's name and address. c. Date and time served to the respondent. d. The order type (Domestic Violence-Temporary or Permanent; or Repeat Violence-Temporary or Permanent; Sexual Violence- Temporary or Permanent; Dating Violence-Temporary or Permanent). e. The order's expiration date. f. Court and BSO case numbers. g. The address or location where served. Reviewed: New Issued: 01/08/2019 Rescinds: N/A Effective: 01/08/2019 18.2 Page 2 of 8  SHERIFF’S POLICY MANUAL h. The name and CCN of the serving deputy. 10. Civil and Records' Teletype is responsible for entering information into FCIC teletype. 11. After the respondent is served the order, deputies will complete a Domestic/Repeat/Sexual/Dating Violence Injunction Proof of Service Form (BSO C#58). Deputies will hand deliver or fax a copy of the form and injunction order to Civil before the end of their shift. 12. Serving Emergency-Issued Injunction Order Only: a. If three failed service attempts are documented on the Proof of Service Form (at time received, midway into shift, and near the shift's end), the order will be transferred to the next shift. b. If the order is not served by 8:00am the next business day, deputies will hand deliver the order with the Proof of Service Form to Civil by 9:00am that day. D. Injunction Order Enforcement: Law enforcement deputies will enforce domestic, repeat, sexual, or dating violence injunction orders as follows: 1. Deputies dispatched to the scene of a possible injunction order violation will review the petitioner's copy of the order to determine if it is enforceable. 2. Deputies will verify if the respondent was served via Communications Teletype. 3. If Communications Teletype cannot verify prior service of the order, deputies will: a. Take the certified or true copy of the order from the petitioner. b. Remove and retain the Proof of Service Form. Reviewed: New Issued: 01/08/2019 Rescinds: N/A Effective: 01/08/2019 18.2 Page 3 of 8  SHERIFF’S POLICY MANUAL c. Read all terms and conditions of the order to the respondent. d. Serve the certified or true copy of the order to the respondent. e. Enforce the terms of the order. f. Follow procedures in this section. g. Complete the Proof of Service Form. h. Hand deliver or fax a copy of the completed Proof of Service Form and injunction order to Civil before the end of their shift. i. Send the original Proof of Service Form to Records instead of an Event Report and code the incident "A" Alpha. 4. Deputies will arrest the respondent if the respondent: a. Was served the order, the order is active, and deputies determine the respondent violated the order's conditions. b. Commits a criminal offense. 5. Injunction Order Violation Arrest: a. Arrests are documented on a Probable Cause Affidavit (BSO DB#2/2A) and Event Report. Note: Arrests occurring at the time of service will require a Proof of Service Form; an Event Report will also be completed. b. Arresting deputies will hand deliver or fax copies of the Probable Cause Affidavit and Event Report for injunction order violations to Domestic Violence Control before the end of their shift. E. Domestic Violence Injunctions When Respondent is a BSO Employee: Reviewed: New Issued: 01/08/2019 Rescinds: N/A Effective: 01/08/2019 18.2 Page 4 of 8  SHERIFF’S POLICY MANUAL 1. Deputies serving a domestic violence injunction (temporary or permanent) to a BSO employee will notify an Internal Affairs Supervisor of the information in the petition and affidavit before service. This will give the Internal Affairs Supervisor the chance to evaluate any immediate BSO concerns and inform the deputy about the employee's (respondent) status and disciplinary history relating to the injunction's service. 2. On-Duty Employee: Deputies attempting service on an on-duty employee will: a. Notify the employee's commander or designee of the injunction. b. Coordinate efforts to have the employee respond to the commander's office. c. Serve the employee with the injunction at the commander's office with the commander or designee present. 3. Off-Duty Employee: Deputies attempting service on an off-duty employee will: a. Notify the employee's commander or designee of the injunction. b. In addition to all other safety precautions, coordinate efforts to have an on-duty law enforcement lieutenant from the nearest command respond to the service location with the service deputy and be present during service. 4. Any observations made by the serving deputy that would suggest the employee may be experiencing difficulty accepting or dealing with the order will be communicated to an Internal Affairs Supervisor as soon as possible and documented on the Proof of Service form. The supervisor will coordinate appropriate BSO assistance. 5. Before serving the employee, a copy of the Proof of Service form, injunction, and all other related documents will be sent to Internal Affairs by the serving deputy. Reviewed: New Issued: 01/08/2019 Rescinds: N/A Effective: 01/08/2019 18.2 Page 5 of 8  SHERIFF’S POLICY MANUAL 6. Internal Affairs Procedures: a. The Internal Affairs Commander will consult with the Executive Director, Department of Professional Standards for consideration of BSO involvement. b. Internal Affairs may or may not initiate an investigation based solely on a restraining order. The facts and circumstances of each situation will be individually evaluated. c. In all circumstances, the employee will be contacted by an Internal Affairs Investigator and served with a memo directing the employee to conform with the provisions of the order and any applicable law. d. Permanent restraining orders present additional BSO concerns not associated with temporary restraining orders. Title 18 USC 922(g)(8) governs the possession of firearms by persons under such an order. Internal Affairs will evaluate each situation and take appropriate action in the best interest of BSO and the employee. 7. If an employee is served with a restraining order by another means, it will be the responsibility of the employee to ensure immediate notification of Internal Affairs and provide a copy of the order and affidavit as soon as possible, but no later than 24 hours after service. F. Serving a Restraining Order When Respondent is a Law Enforcement Officer of Another Police Agency: 1. On-Duty Officer: Before serving another police agency's on-duty officer, the serving deputy will: a. Notify the other agency's Internal Affairs Division Commander or designee. b. If possible, a coordinated effort will be made between the serving deputy and the other agency's Internal Affairs Division representative to serve the officer. In the absence of Internal Affairs, the officer's commander will be appropriate. Reviewed: New Issued: 01/08/2019 Rescinds: N/A Effective: 01/08/2019 18.2 Page 6 of 8  SHERIFF’S POLICY MANUAL 2. Off-Duty Officer: If the officer is off duty, the serving deputy will serve the injunction in accordance with established BSO procedures for any other resident. 3. A copy of the injunction will be given to the applicable Internal Affairs Division or commander before service. Reviewed: New Issued: 01/08/2019 Rescinds: N/A Effective: 01/08/2019 18.2 Page 7 of 8  SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALL LEFT BLANK Reviewed: New Issued: 01/08/2019 Rescinds: N/A Effective: 01/08/2019 18.2 Page 8 of 8