St. Johns County Sheriff's Office Domestic Violence Policy 55.2 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Domestic Violence Policy 55.2 Effective Date: 06/30/2006 Amended Date: 11/04/2022 ACCREDITATION STANDARDS CALEA: 55.1.1, 55.2.2, 55.2.3, 55.2.4, 81.2.4, 81.2.6 CFA: 15.09 FCAC: FLA-TAC: FMJS: Discussion: This policy establishes guidelines...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Domestic Violence Policy 55.2 Effective Date: 06/30/2006 Amended Date: 11/04/2022 ACCREDITATION STANDARDS CALEA: 55.1.1, 55.2.2, 55.2.3, 55.2.4, 81.2.4, 81.2.6 CFA: 15.09 FCAC: FLA-TAC: FMJS: Discussion: This policy establishes guidelines for the law enforcement response to allegations of domestic violence. The purpose of this policy is to reduce the incidence and severity of domestic violence, protect victims of domestic violence, provide them with support through a combination of law enforcement and community services, and promote officer safety by ensuring deputies are fully prepared to effectively deal with domestic violence calls for service. As well, this policy covers the agency responsibilities and procedures taken when investigating allegations of domestic violence involving employees of the St. Johns County Sheriff’s Office and other law enforcement agencies. DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office TRAINING.1 All personnel designated to handle domestic violence investigations shall receive competency-based training in domestic violence..2 Employees, whose assignments deal primarily with domestic violence cases, shall receive more advanced competency-based training..3 See FS 741.28 and 784.046 and other statutes for definitions of “domestic violence”, “dating violence”, “repeat violence, “sexual violence”, and” “family or household member”. RESPONDING TO DOMESTIC VIOLENCE [CFA 15.09, a-d].4 Domestic violence investigations shall be actively pursued by law enforcement and an arrest shall be the preferred response in situations in which probable cause exists..5 High priority shall be assigned to ensuring victim’s safety and referral to appropriate services. Domestic Violence 55.2 Page 1 of 13 DISPATCH PROCEDURES.6 Communications shall dispatch units in all situations involving domestic violence. [81.2.6, b] [CFA15.09, a].7 Whenever possible, Communications should dispatch two (2) deputies to the scene. [81.2. 4, e] [81.2.6, b] [CFA15.09, a].8 Communications will ascertain whether the victim has special needs, such as being hearing impaired or does not speak English. Communications will inform the responding deputies of the special need and will attempt to make available the appropriate resources. (Whenever possible, an interpreter resource should be unaffiliated with the victim and the perpetrator.) See policy 81.13 Communication with Deaf, Hearing Impaired and Limited English Proficient. [81.2.6, c].9 Communications shall not ask the victim whether they plan to participate in any later prosecution..10 If the crime is in progress, Communications should keep the complainant on the phone and ask them not to hang up even if they are away from it, provided the victim is not in any imminent danger. If the victim cannot remain on the telephone, Communications should attempt to call back periodically to check on the progress of events and relay this information to the deputies..11 For E-911 call hang-ups where call location information is available, Communications shall always dispatch a unit and call back..12 Communications shall not cancel the law enforcement response to a domestic violence complaint, regardless if the request is made during the initial call, or a follow-up call. However, Communications shall advise the responding deputies of the request.  For additional Public Safety Telecommunicator responsibility, see Communications SOP – Domestic Violence. GPS PROGRAM.13 The GPS program requires patrol deputies to take specific action when responding to calls of alleged domestic violence. (See policy 55.3 Domestic Violence – GPS Program).14 When deputies complete a report documenting domestic violence allegations, regardless of whether or not a domestic violence arrest is made, deputies must also complete a lethality assessment and attach it to their report narrative..15 The lethality assessment will be provided in the designated records management system (RMS) module as an “Insert Text” box in the narrative and the arrest / warrant affidavit. The assessment:  Is vitally important to the success of the program and great care should be given to document information accurately and thoroughly  Will contain information to be used by judges to determine if GPS monitoring will be ordered.16 Dispatch Procedures for GPS Program Violations (See policy 55.3 Domestic Violence – GPS Program) Domestic Violence 55.2 Page 2 of 13 INITIAL RESPONSE AND ENTRY [CFA 15.09, a].17 In responding to domestic violence calls, deputies shall act in accordance with policy 41.5 Agency Vehicle Operations for responding to emergency calls..18 Entry - If refused entry, the deputies should be persistent about seeing and speaking alone with the victim.  If access to this person is refused, the deputies should request Communications attempt contact with the victim by phone  If access is still refused, and the deputies have reason to believe someone is in imminent danger, the deputies are to contact their Supervisor and proceed in accordance with policy 1.8 Response to Resistance. ON-SCENE INVESTIGATION.19 The initial actions of the responding deputies should be to ensure the safety of all persons at the scene. This should include: [CFA 15.09, b, d]  Separating the victim and offender physically, verbally, and, if possible, visually (if circumstances permit, move them into separate rooms)  Taking possession of all involved weapons and securing any other weapon(s), which pose an imminent threat at the scene, seizing only in accordance with law  Assessing the severity of injuries to parties and applying or calling for the appropriate level of aid for any injured parties  Locating and checking the welfare of any children and others at the scene.20 In cases where the victim has sustained substantial injuries and / or is emotionally distraught, the deputies will contact the SVU on-call supervisor line for Victim Advocate assistance at the scene. [55.1.1, a ] [55.2.2] [CFA 15.09, d].21 Steps of the on-scene investigation should include the following:  Interview all parties and potential witnesses, including children, and neighbors, as appropriate. These persons should be interviewed separately and out of visual / hearing range of each other, if possible  If communications are impaired by the special needs of any party, the deputy, when possible, should request appropriate resources be made available via phone or at the scene  Determine if the relationship is domestic, and what crime occurred  Determine the nature and extent of all injuries, including defensive wounds  Ascertain whether a female victim is pregnant and whether and how the suspect is aware of her condition. Obtain the name of the health care provider, if possible  Request the victim sign a release of medical records form (allowing for the release of only those records which pertain to the assault)  Note demeanor of defendant / victim Domestic Violence 55.2 Page 3 of 13.22 Determine who is the primary aggressor using the following factors and the deputy’s judgment:  Extent of any injuries inflicted  Fear of physical injury because of past or present threats  Actions taken in self-defense, or to protect oneself  History of domestic abuse perpetrated by one party against the other  Existence or previous existence of orders for protection.23 Record in writing, or with a recorder:  Any statements of the victim, suspect, and / or witnesses which may be categorized as exceptions to the hearsay rule (including excited utterances and spontaneous statements). Note the exact words used, using quotation marks, indicate the approximate time frame when the statements were made, and record the emotional condition of the speaker  Any relevant statements, including self-serving ones, made by the suspect.24 Collect and record physical evidence and, where appropriate, take color photographs and / or videos of injuries and property damage. Request a Crime Scene Technician, as needed.25 If possible, consistent with FS 741.29, obtain sworn written or recorded statements from the victim and any witnesses, including children, as appropriate. The deputies should attempt to obtain a written or recorded statement from the suspect, as well, after they have been advised of Miranda. ARRESTS [CFA 15.09, c].26 When probable cause has been established an act of domestic violence has occurred, an arrest should be made pursuant to FS 901.15..27 When determining probable cause, the deputy should consider their observations including physical evidence, and any statements by parties involved and any witnesses, including children. The responding deputy should proactively determine all the crimes for which there is probable cause..28 The deputy making an arrest will inform the arrested individual domestic violence is a crime and the State of Florida, not the victim, is responsible for the prosecution. The responding deputy shall not initiate discussion of, or accept a complaint withdrawal, or have the victim sign a waiver of prosecution form..29 If the deputy determines a crime has been committed and the suspect has left the scene, the deputy will make every attempt to:  Conduct a search of the immediate area  Obtain information from the victim and witnesses as to where the suspect might be located  Prepare a warrant affidavit, and complete domestic violence and other appropriate reports for routing to Special Victims and / or the State Attorney’s Office, if the offender cannot be located Domestic Violence 55.2 Page 4 of 13.30 Dual Arrests - The agency discourages dual arrests in order to avoid arresting the victim. When allegations that each party assaulted the other occur, the deputies shall determine whether there is sufficient evidence to conclude if one of the parties is the primary aggressor, based on the criteria set forth in this policy.  If the primary aggressor alleges they are also the victim of domestic violence, then it is imperative the deputies thoroughly investigate the allegation to determine whether it was an act of self-defense or an act of aggression  If it was a separate act of aggression, then the deputies shall make an arrest or file a complaint affidavit on the secondary party  If the deputies conclude it was an act of self-defense, no arrest shall be made of the secondary aggressor  If dual arrests are made, the facts supporting each arrest must be clearly documented.31 Deputies shall not threaten, suggest, or otherwise indicate the possible arrest of all parties or the removal of the children from the home, with the intent of discouraging requests for intervention by law enforcement by any party. WHEN A DOMESTIC VIOLENCE ARREST IS MADE OR CHARGES SIGNED [55.1.1 a-e] [55.2.3, b] [CFA 15.09, c].32 The deputy must provide the victim a “Victim Rights Guide” booklet, which contains information regarding:  The GPS program, the deputy should explain to the victim and the possibility of GPS being ordered to be worn by the offender  The deputy should gather all relevant addresses of the victim including, but not limited to their home, work, school, and any other relevant address the victim may frequent All addresses and phone numbers will be documented on the Victim Notification Card (SJSO-311). The victim must sign the card acknowledging receipt of the booklet and an understanding of the program. A refusal to sign the receipt should be documented on the receipt as well as in the report narrative  The deputy will also document all contact information for the victim including home, cell and work numbers, as well as secondary contact information, all home, work and school addresses and phone numbers provided will be updated in master index  Victims must understand they are responsible for their own safety and should develop a safety plan in the event of a violation  Victims should be encouraged to contact the Betty Griffin Center and transportation to the shelter should be provided for victims; if needed.33 Once a defendant is processed into the county jail, all paperwork associated with the arrest must be submitted, prior to first appearance. Domestic Violence 55.2 Page 5 of 13 VICTIM SUPPORT.34 The deputy shall attempt to identify and utilize resources to assist in their interactions with victims, witnesses, or suspects, who do not speak English, or have communication disabilities. However, the deputy should avoid the use of friends, family or neighbors serving as the primary interpreter for the investigation. [CFA 15.09, b].35 The deputy shall attempt to gain the victim's trust and confidence by showing understanding, patience and respect for personal dignity and using language appropriate to the age, educational level and emotional condition of the victim..36 In accordance with FS 741.29 and FS 960.001, the deputy must: [CFA 15.09, d]  Assist the victim in obtaining any needed medical treatment  Inform the victim of the availability of a certified domestic violence center  Give the victim a copy of the “Victim Rights Guide” booklet and have them complete and sign the Victim Notification Card (SJSO-311) [55.1.1, a-e] [55.2.3, a, b, d].37 Victims will be notified of the offender’s release from the jail via the VINE Program. See policy 55.1 Victim/Witness Assistance. [CFA 15.09, d].38 Deputies should: [55.2.4, b]  Convey to the victim concern for their safety  Inform the victim about how to get an injunction in the fastest possible manner  Advise the victim of a Probable “No Contact Order” issued at First Appearance  Advise the victim of possible GPS monitoring of defendant  Advise the victim the incident report will be sent to the local domestic violence center  Advise the victim of what to expect in the near future with regard to the processing of the case by the system, including an assessment of the probability the accused may be in custody for only a short period of time  Ask the victim if they wish to be notified of the suspect's release from jail [CFA 15.09, d]  Tell the victim domestic violence is a crime and the sole responsibility for decisions regarding whether charges are filed is with the State of Florida, and not the victim  If an arrest is not made, inform the victim of the reasons and of their options independent of law enforcement (as indicated in the "Victim Rights Guide”)  Advise the victim to notify the St. Johns County Sheriff’s Office of any additional incidents or new information.39 The deputy should not leave the scene of the incident until the situation is under control and the likelihood of further violence has been eliminated.  If the victim is leaving, the deputy should remain at the scene for a reasonable period of time while the victim gathers necessities for a short-term absence from home  The deputy should ask a victim who is leaving the home for their temporary address and phone number out of hearing of the perpetrator and include that information on the Victim Notification Card (SJSO-311)..40 If the victim requests to go to a shelter, they shall be referred to a certified domestic violence shelter. The deputy shall arrange for, or provide transportation to, the certified shelter, if the victim is approved for shelter intake, or arrange for, or provide transportation for, the victim to an alternative location of the victim's choice in the local area. [55.2.4, c] Domestic Violence 55.2 Page 6 of 13 CARE OF CHILDREN.41 Deputies shall see to the appropriate care of children as victims or dependents.  Deputies shall notify the Department of Children and Families through the Abuse line (1-866-LE-ABUSE) when children are present in a home where domestic violence has occurred  If, as a result of arrests and / or hospitalizations, there is no parent, legal guardian, or relative to either care for the children or direct the deputy as to the appropriate temporary placement of the children, the deputy should contact Department of Children and Families Hotline at the number above for purposes of determining placement. The deputy should indicate in the report the identity and address of the person taking custody of the children  In child abuse situations, the deputy is required by F.S. 39 to call the Abuse Hotline CARE OF DEPENDENT ADULTS.42 When an elderly or disabled adult is either a victim of the violence or reliant on the victim or suspect who can no longer provide care, the deputy should make appropriate arrangements for the person's care. In the case of abuse, the deputy shall call the Abuse Registry (1-800-96-ABUSE (2-2873)). INVEST PROGRAM [55.2.2] [55.2.4, a].43 The Intimate Violence Enhanced Services Team (InVEST) Program identifies victims of domestic violence who designated high risk, to prevent further abuse. InVEST:  Consists of select community partners who identify high-risk cases, offer enhanced services to victims, and hold offenders accountable [55.1.3, d]  Reviews reports to determine which victim(s) would benefit from the enhanced services of the program. Once accepted into the program, the victim(s) is guided through the enhanced services by Victim Advocates from the St. Johns County Sheriff’s Office and the Betty Griffin Center [55.2.3, a].44 Enhanced services, may include, but are not limited to:  Helping the victim to a safe shelter  Home visit to the victim  Contact with the suspect to put him / her on notice  Assist the victim before and during court proceedings  Follow up with the victim Domestic Violence 55.2 Page 7 of 13 INITIAL RESPONSE: REPORT WRITING [CFA 15.09, f].45 In accordance with FS 741.29, the deputy shall prepare a written report if there has been an allegation of domestic violence, regardless of whether an arrest has been made. If no arrest is made, the report shall include a description of any observed injuries and the reason(s) no arrest was made. A copy of the report shall be sent free of charge to the nearest certified domestic violence center (Betty Griffin Center)..46 The report prepared by the deputy should specify "Domestic Violence." A domestic violence report should include, but need not be limited to:  Information provided by Communications  Descriptive information regarding the victim, suspect, and their relationship, including demeanor towards each  Written and oral statements obtained from the victim and suspect (including excited utterances and their approximate time frame) and an explanation, if written statements were not obtained  A list of witnesses and their statements (including excited utterances and their approximate time frame) and the identities of all deputies on the scene  A description and location of observed injuries, description of medical treatment rendered and statement about whether an offer of medical treatment was refused  The name of the medical treatment provider and the names of any other health care providers, including EMS personnel  A description of all other physical evidence including photographs taken and of what  A description of steps taken to locate the suspect, if they were not at the scene  A list of indicators of threats to future victim and child safety (threats made, including history of abuse, killing of pets, use of substances, other unusual behavior)  Information regarding whether children were present and how they were cared for  Information as to whether an injunction was in effect  A statement regarding any special needs (including language barriers, disabilities) of the parties involved  A notation the victim received the "Rights and Remedies" pamphlet  If no arrest was made, a notation the deputy advised the victim of the reasons why an arrest was not made  Any information which may be relevant to the assessment of bond  The name and phone number of a person (family member, employer, etc.) who can contact the victim  Obtaining a copy of the E-911 call  Obtaining arrest warrant, if suspect was not arrested  Photographing the victim's injuries  Photographing damage to property  Complete the Lethality Assessment and explain details of any “yes” answer in the report narrative Domestic Violence 55.2 Page 8 of 13 SPECIAL VICTIMS FOLLOW-UP INVESTIGATION & REFERRAL [CFA 15.09, e].47 If a domestic violence incident needs additional investigation and / or follow-up, the Patrol Shift Leader shall forward the report to Special Victims Unit. The Special Victims Supervisor will review the case and assign the case for additional follow up as needed. INJUNCTIONS FOR PROTECTION.48 Upon determination of probable cause, a deputy may make a physical arrest of the respondent, if they willfully and knowingly violate a term of the injunction by:  Refusing to vacate the shared premises within the time limits stated on the injunction  Going to the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family member or household member  Committing an act of domestic violence against the petitioner  Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner  Telephoning, contacting or otherwise communicating with the petitioner directly or indirectly unless the injunction specifically allows indirect contact through a third party.49 A deputy should make an arrest for a criminal violation of the term of an injunction pursuant to FS 741 (domestic violence injunctions) or FS 784 (repeat violence or stalking injunctions). If the petitioner is willing to complete a sworn affidavit including the circumstances surrounding the violation, this in itself is probable cause to complete an Arrest Report..50 A deputy should not base their decision to arrest on their perception of the prosecutor's ability to prosecute the case, as this is a court order not subject to the deputy’s interpretation..51 Deputies may not arrest persons for civil violations of court orders. For civil violations, the petitioner should be referred to the Clerk of the Court..52 After proper service of an injunction upon a respondent, the injunction is valid and enforceable in all counties of the State of Florida. It is important to verify a respondent has been properly served the injunction prior to arresting them for violating same. Domestic Violence 55.2 Page 9 of 13 DOMESTIC, REPEAT VIOLENCE, DATING OR SEXUAL VIOLENCE CASES INVOLVING EMPLOYEES [CFA 15.09, g].53 Domestic, repeat violence, dating or sexual violence cases involving St. Johns County Sheriff’s Office employees shall be handled the same as Domestic Violence cases. Domestic Violence Cases Involving Employees.54 Domestic violence cases involving employees shall be handled in a manner consistent with the policies used in all domestic violence cases..55 A disclosure by any employee, to their Supervisor, who witnesses or otherwise has reliable knowledge of a domestic violence incident involving an employee of the agency, will be investigated to determine, if a crime did occur..56 If a criminal investigation is required, applicable agency policy will be followed..57 Upon completion of a criminal investigation, an Internal Affairs investigation will be conducted..58 If an agency employee is listed as a suspect or is arrested for a domestic violence related charge, the employee shall notify their immediate Supervisor as soon as possible. Applicable agency policies related to duty status, assignment, suspension, etc., will be followed. AGENCY EMPLOYEES AS VICTIMS OF DOMESTIC VIOLENCE [CFA 15.09, g].59 If a Supervisor suspects an employee is a victim of domestic violence, the Supervisor may offer support and inform the employee about all existing Employee Assistance Programs (EAPs) and available services for counseling, and if the employee seeks such assistance, it is confidential..60 The Supervisor should not compel a victim to acknowledge they are a victim, to seek assistance or to cooperate in any investigation against their abuser, and a victim’s employment should not be impacted in any way by their decision to seek or decline assistance. See policy 22.10 Personnel Actions..61 When an employee of the agency is listed as a victim of domestic violence on any law enforcement agency’s offense / incident report, they will notify their immediate Supervisor prior to the beginning of their next duty assignment, and will keep their chain of command informed of the status of the case..62 In accordance with FS 741.313, employees may request to take up to three (3) working days of leave from work in any twelve (12) month period if the member, or a family or household member of an employee, is the victim of domestic violence. Domestic Violence 55.2 Page 10 of 13 AGENCY EMPLOYEES SUSPECTED / ARRESTED FOR DOMESTIC VIOLENCE [CFA 15.09, g].63 If an agency employee is arrested, the provisions of applicable laws and agency policies and procedures will be adhered to. The Supervisor will notify the employee’s Division Director, via chain of command..64 If a sworn employee of this agency is arrested and placed on administrative leave, all assigned equipment including all agency issued firearms will be surrendered to the agency. EMPLOYEE LISTED IN DOMESTIC VIOLENCE INJUNCTION.65 When a Sheriff’s Office employee is listed as a Petitioner, or a Respondent in a domestic / dating violence injunction, they are required to promptly notify their Immediate Supervisor. Further, the employee is required to keep their chain of command informed of the status of their case..66 If both the Petitioner, and Respondent are employed by the agency, a temporary reassignment of both of the employees may be necessary so as not to violate the injunction..67 When a deputy is served with a temporary injunction, the deputy shall surrender their duty firearms, ammunition(s), and agency vehicle to their immediate Supervisor. The deputy shall comply with the court’s order to surrender to the St. Johns County Sheriff’s Office any personally owned firearms and ammunition in Respondent’s possession.  A property receipt will document any and all firearms and ammunitions received by the agency.68 Deputies served with a temporary injunction shall be temporarily reassigned to an administrative position. Authorization for extra duty shall be cancelled until approval is reinstated by the deputy’s Division Director..69 In cases where the temporary injunction is extended to become a “permanent” injunction:  The deputy shall immediately return their agency-issued identification card(s), Sheriff’s badge, and all equipment to their immediate Supervisor  Any personal firearms and ammunitions which were not previously surrendered, shall be turned over to the deputy’s immediate Supervisor and a property receipt completed  An Internal Affairs investigation shall be conducted  The deputy shall immediately be placed on leave with pay until completion of the Internal Affairs investigation  The deputy shall be sent for a psychological evaluation and may also be referred to a Batterer’s Intervention Program.70 The possession of weapons by an employee while under a court order, injunction, or following their conviction for domestic / dating violence will be consistent with current state and federal laws as well as any applicable agency policies. Domestic Violence 55.2 Page 11 of 13.71 In accordance with the Federal Domestic Violence Offender Gun Ban, Title 18, United States Code, Section 922, a sworn employee who is the subject of a court order or has been convicted of a misdemeanor crime of domestic violence, is prohibited from possessing a firearm or ammunition..72 A sworn employee convicted of a misdemeanor or felony crime of domestic violence will not be authorized to possess a firearm (departmental or personal) or ammunition on-duty or offduty. This restriction will prevent the sworn employee from fulfilling the job requirements of a sworn officer; thereby subjecting the employee to administrative review regarding continued employment with the agency in a sworn assignment. OUTSIDE-AGENCY EMPLOYEES INVOLVED IN A DOMESTIC VIOLENCE CASE [CFA 15.09, g].73 Domestic Violence cases involving employees of other law enforcement agencies shall be investigated as any other..74 The on-duty Supervisor will be notified and respond to the scene. In addition, the on-duty Supervisor shall notify their chain of command and the on-duty Supervisor at the affected law enforcement agency of the investigation. RESPONSIBILITIES Communications [CFA 15.09, g].75 If Communications receives a call for assistance at a scene where an agency employee or an employee of an outside law enforcement agency is alleged to be a domestic violence offender, a Supervisor will be dispatched to respond with the patrol unit..76 Communications will also notify the District Captain and the involved employee’s chain of command. Responding Deputy.77 The responding deputy will follow the domestic violence investigation protocol outlined in this policy. On-duty Supervisor.78 The Supervisor will respond to the scene of a domestic violence incident involving an employee of the agency and / or an employee of another law enforcement agency and ensure the investigation is handled properly, with emphasis being placed on the victim’s safety. The Supervisor will also ensure the investigation is carried out as any other, regardless of the status or employment of the suspect..79 The Supervisor will make notification and provide updates on the incident to the chain of command and the involved employee’s Supervisor..80 The Supervisor will make notification of the incident, verbally and follow up in writing, to Internal Affairs and the Special Victims Unit Lieutenant. Domestic Violence 55.2 Page 12 of 13 CRIMINAL INVESTIGATIONS LIEUTENANT OR DESIGNEE.81 The Special Victims Unit Lieutenant or their designee will serve as the liaison between the victim and the agency, concerning domestic violence cases involving an employee of the agency. INTERNAL AFFAIRS [CFA 15.09, g].82 Internal Affairs will monitor the criminal investigation through communication with the criminal investigator assigned to the criminal investigation; however, an internal investigation will not be conducted until the criminal investigation is completed, and a determination has been made regarding criminal charges being filed. ____________________ Robert A. Hardwick Sheriff Domestic Violence 55.2 Page 13 of 13