4.14.pdf

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 4.14 DOMESTIC VIOLENCE/DATING VIOLENCE CASE PROCEDURE: 4.14.1 General: Domestic/Dating violence abusers, if not punished, ma...

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 4.14 DOMESTIC VIOLENCE/DATING VIOLENCE CASE PROCEDURE: 4.14.1 General: Domestic/Dating violence abusers, if not punished, may repeat the behavior. Effective policies in this area combining arrest, detention, prosecution, punishment, and viable intervention programs reduce recidivism and domestic homicides. 4.14.2 Definitions: A. Domestic Violence: Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. 1. Family/Household Member: Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing together or have in the past resided together in the same single dwelling-unit. B. Dating Violence: Violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors: 1. A dating relationship must have existed within the past 6 months; 2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and 3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Note: The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. 4.14.3 Policy: BSO policy abides by the spirit and letter of the law in enforcement of state Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 1 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES statutes protecting victims, bringing perpetrators of family violence under the criminal justice system's control, and reducing repeated police response. Staff responding to domestic violence/dating violence calls will become familiar with provisions and restrictions of this section and be held responsible for abiding by them. A. Deputies should be aware of the special dangers often encountered while responding to incidents of domestic/dating violence, and employ learned techniques that minimize the likelihood of injury to the deputy and promote the safety of the victim. B. These techniques include: 1. Having adequate back-up 2. Avoiding parking directly in front of residence 3. Approaching the scene quietly; observing and listening for conversation or unusual/dangerous conditions before knocking 4. Making contact with the victim(s), inquiring about other persons or animals in residence, inquiring about any weapons 5. Locating offender(s) immediately 4.14.4 Petition for Injunction: Pursuant to Florida Statutes, law enforcement officers may use their arrest powers to enforce the terms of an injunction. A. Domestic Violence: Any person who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence. B. Dating Violence: Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence. Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 2 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 4.14.5 Domestic Battery by Strangulation: Per Florida Statutes, a person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree. Note: Domestic battery by strangulation should be classified as either a domestic violence crime or a dating violence crime. 4.14.6 Procedure/Probable Cause Affidavit: A. Probable Cause Arrests: In cases where crimes of domestic violence/dating violence occur, the following procedures will be followed: 1. Whenever a law enforcement deputy determines upon probable cause that an act of domestic violence or dating violence has been committed within his or her jurisdiction, or that person has violated a condition of pretrial release and the original arrest was for an act of domestic or dating violence, the deputy may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties. For example, even though it is the "nature of the relationship" that is considered in determining if the criteria for dating violence has been met, that relationship should not be considered in determining if an arrest is to be made. The deputy should base the decision to arrest or not to arrest on that which is legally defensible and not allow the wishes or preferences of the victim to influence the decision. 2. When complaints are received from two or more parties, the deputies shall evaluate each complaint separately to determine whether there is probable cause for arrest. 3. If a law enforcement deputy has probable cause to believe that two or more persons have committed a misdemeanor or felony, or if two or more persons make complaints to the deputy, the deputy shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend himself or herself or another family or household member from Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 3 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES domestic/dating violence. Note: Law enforcement deputies acting in good faith under this section will be immune from all liability, civil or criminal. 4. FS 901.15 allows law enforcement deputies to make an arrest without a warrant if: a. There is probable cause to believe that the person has committed a criminal act in violation of an injunction for protection or an act that violates a condition of pre-trial release when the original arrest was for an act of domestic or dating violence. b. There is probable cause to believe the person committed an act of domestic violence or committed child abuse and the deputy reasonably believes there is danger of violence unless the person alleged to have committed the battery (act of domestic violence) or child abuse is arrested without delay. B. Violation of Injunction: In all cases where a person violates a restraining order issued per Florida Statutes, by refusing to vacate the dwelling the parties share or violating the injunction by returning to the property, in addition to any penalty that may be imposed, via contempt of court proceedings, the violator will be physically arrested and taken to a BSO jail facility if the violation was committed in the deputy's presence. (This section does not conflict with probable cause arrests for violations of injunctions indicated in Section 4.14.6A1.) Note: Some restraining orders do not authorize an arrest and many have an expiration date. C. Other Potential Victims: The responding deputy will attempt to determine if any other vulnerable members of the family (animals, children, elders, or persons with disabilities) have also been victims or are at apparent risk of abuse, neglect, or exploitation. If another family member was victimized as part of the domestic violence incident, then this information will be included in the report. If the victimization was a separate incident, the deputy will cross report and document appropriately to ensure matters are investigated timely and that the safety of such victims is addressed. 4.14.7 Victim/Witness Assistance: Deputies will make reasonable efforts to assist victims and witnesses in all reported cases of domestic/dating violence. Deputies will: Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 4 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES A. Conduct complete investigations. B. Assist the victim to obtain medical treatment if it is required as a result of the alleged domestic/dating violence incident to which the deputy responds. C. Providing victim/witnesses with Victims and Witnesses Handbook (BSO RP#25) D. The deputy will advise the victim of the following information provided in the Victims and Witnesses Handbook (BSO RP#25): 1. FOR VICTIMS OF DOMESTIC VIOLENCE: "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may ask the state attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from domestic violence which may include, but need not be limited to, provisions which restrain the abuser from further acts of abuse; direct the abuser to leave your household; prevent the abuser from entering your residence, school, business, or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so." 2. FOR VICTIMS OF DATING VIOLENCE: "IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask the state attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from dating violence which may include, but need not be limited to, provisions that restrain the abuser from further acts of abuse; direct the abuser to leave your household; and prevent the abuser from entering your residence, school, business, or place of employment." 3. The victims and witnesses' legal rights, which includes the Legal Rights and Remedies Notice provided by the Florida Department of Law Enforcement. This notice will include the resource list with telephone numbers for area domestic violence centers designated by the Florida Department of Children and Family Services. E. Will assist the victim in contacting Women In Distress (WID) for immediate services if necessary. 4.14.8 Report Preparation: A. In all cases where there are calls for service relating to domestic/dating violence Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 5 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES (whether the suspect is arrested or not), responding deputies will complete an Event Report (BSO RP#1) and all backup deputies will complete a Supplement Event Report (BSO RP#2). When completing Event Reports, deputies will: 1. Indicate if the investigation or arrest was a domestic violence or dating violence incident and include the domestic/dating relationship in the narrative. 2. Stamp completed Event Report in red with the appropriate (Domestic Violence/Dating Violence) stamp in the Crime Classification section of Event Report. 3. Include a description of physical injuries observed. 4. Utilize the Domestic Violence Reference Card (BSO RP#154B) to indicate in their report narrative, any lethality/risk assessment indicators. 5. State the reasons if no arrest was made. 6. Indicate if the Victims and Witnesses Handbook (BSO RP#25) was given to victim. 7. Submit the completed Event Report to their supervisor who will send an Event Report copy (without charge), excluding the victim/witness statements or other materials deemed part of the active criminal investigation, to Women in Distress within 24 hours of the report's receipt. Note: Supervisors will submit the domestic/dating violence Event Reports and all attachments to the District’s Criminal Investigations supervisor or designee, who will route the reports appropriately. B. If responding deputies determine that domestic/dating violence was committed and it meets felony criteria: 1. The shift sergeant will be requested to respond to the incident's location, evaluate the situation, and notify the Special Victims Unit (SVU). 2. The Special Victims Unit (SVU) supervisor/designee will determine if a detective needs to respond to the scene. If a detective responds, he or she will take photographs, obtain victim/witness statements, obtain a post- Miranda recorded statement from the suspect(s) if possible, and satisfy requirements for case filing/presentation to the state attorney. The Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 6 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES responding deputies will safeguard the scene and detain victims, witnesses, and suspects pending arrival of a detective. Note: This will not prohibit deputies from arresting suspects if necessary. 3. If the Special Victims Unit (SVU) supervisor/designee determines it is not necessary to send a detective to the scene, the responding deputies will take photographs, obtain victim/witness statements, obtain a post-Miranda recorded statement from the suspect(s) if possible, and forward the completed case-filing packet to the Special Victims Unit (SVU) for case filing. C. If responding deputies decide domestic/dating violence was committed and it meets misdemeanor criteria, they will be responsible for the following: 1. Obtaining from the victim a sworn recorded statement detailing the incident. 2. Obtaining from suspect(s) a post-Miranda recorded statement if possible, detailing the incident. 3. Obtaining from witnesses sworn, recorded statements. 4. Taking photographs to help document the incident. Note: At least two photographs of the victim, scene, and suspect (if on the scene) will be taken. All photographs should be taken in duplicate with physical injuries and property damage highlighted. Physical injuries should be documented with close-up photography. 5. Collecting and inventorying all physical evidence. 6. Contacting Communications, via fax or email, and requesting a copy of the 911 call to be sent to the state attorney. 7. Assisting the victim in contacting Women In Distress (WID) for immediate services if necessary. D. If responding deputies determine the suspect is a BSO employee, regardless of whether the incident is a misdemeanor or felony offense: 1. The shift sergeant will respond to the incident's location, evaluate the situation, and notify the Internal Affairs operations supervisor and the Special Victims Unit (SVU) supervisor. Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 7 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 2. A member from both Internal Affairs and the Special Victims Unit (SVU) will respond to the scene, take photographs and witness statements, and satisfy requirements for case filing/presentation with the state attorney. 3. Responding deputies will safeguard the scene and detain victims, witnesses, and suspects, pending the arrival of a detective. Note: This will not prohibit deputies from arresting suspects if necessary. E. If the victim is a BSO employee, responding deputies will notify the employee's supervisor. F. The on scene supervisor will notify the Victim Services Unit supervisor. A victim advocate will be assigned to assist the employee. G. If responding deputies determine a suspect is another police agency's employee: 1. A BSO supervisor will respond to the scene. 2. The other police agency's command officer will be notified as soon as possible. 3. Responding deputies will proceed with a criminal investigation whether the other agency responds or not. 4. If the other police agency's employee is a sworn law enforcement officer, the Special Victims Unit (SVU) supervisor will be notified. 5. Responding deputies will include in their report that notification was made to the other agency, identity of person contacted, and decision of the other agency. H. If responding deputies determine a victim is another police agency's employee, the victim will be given the option for BSO to notify the victim's employer. I. In all cases where there is an arrest for domestic violence/dating violence, arresting deputies will complete required reports. Upon completion of a Probable Cause Affidavit (BSO DB#2/2A), deputies will stamp the original and all copies of the completed Probable Cause Affidavit in red with the appropriate (Domestic Violence /Dating Violence) stamp across the Offense Charge section. Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 8 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES Note: Since the state attorney gives domestic/dating violence cases special attention during the case filing/presentation process, using the stamp will assist in rapidly identifying a case. J. Each district commander will assign the Criminal Investigations supervisor or designee to be responsible for coordinating the district’s domestic violence/dating violence cases. The Criminal Investigations supervisor or designee’s responsibilities will include: 1. Ensuring recorded statements of the victim, witnesses, and suspects and sending copies of the misdemeanor cases to the state attorney and copies of the felony cases to the Special Victims Unit (SVU). 2. Ensuring proper electronic transmittal of digitally-recorded victim, witness and suspect statements. 3. Sending a set of photographs in misdemeanor cases, to the state attorney and a set of photographs in felony cases to the Special Victims Unit (SVU). 4. Ensuring the appropriate routing of DVD-recorded suspect interviews in misdemeanor cases to the state attorney’s office (2 copies) and an additional copy to BSO’s Evidence Unit. 5. Ensuring in-custody misdemeanor case reports, recorded statements, DVDs, and photographs are received by the state attorney within ten (10) days from the date of the arrest. In-custody felony cases should be sent to the Special Victims Unit (SVU) within five (5) days from the date of arrest to ensure timely follow-up investigation and case filing with the State Attorney’s Office. 6. Ensuring that all listed item above are upload to Evidence.com for immediate access by investigators/SAO. Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 9 of 10  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES THIS PAGE INTENTIONALLY LEFT BLANK NOTICE These Standard Operating Procedures are considered law enforcement sensitive and contains certain information that is exempt under Florida Public Records Law. Outside or public requests for information from this Standard Operating Procedures Manual must be directed to the Office of the General Counsel for review and redaction, if necessary, prior to disclosure. Reviewed: 01/18/2017 Revised: 02/08/2017 Rescinds: 07/21/2009 Effective: 02/22/2017 4.14 Page 10 of 10