Denver Police Department Operations Manual: Civil Protection Orders and Assists PDF

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS REVISED:01/01/2020...

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS REVISED:01/01/2020 PAGE: 1 OF 11 122.01 ENFORCEMENT OF PROTECTION ORDERS (1) PURPOSE: Issuance and enforcement of protection orders is of paramount importance because protection orders promote safety, reduce violence, and prevent serious harm or death. Therefore, officers will use every reasonable means to enforce a protection order. NOTE: If a violation of a protection order meets the definition of domestic violence, the defendant must be arrested and all appropriate paperwork must be filed per policy. a. There are three (3) types of court issued protection orders: 1. Civil: CRS §14-10-108 (Temporary orders in a dissolution case) and CRS §13-14-104.5 (Procedure for temporary civil protection order) 2. Criminal: CRS §18-1-1001 (Protection order against defendant) 3. Emergency order: CRS §13-14-103 (Emergency protection orders) b. When to file a violation of a protection order at a municipal level: 1. If the protection order was issued out of a civil case (it will have a letter designation of either “W”, “C” or “DR”), and no other elements of the crime rise to the level of a state charge, the case should be filed with the Denver City Attorney’s Office. NOTE: A police officer may only enforce the provision regarding prohibited contact, threatening, beating, striking, or assaulting the victim; or loitering, entering or remaining on/near the premise. 2. If the protection order was issued out of a municipal case and no other elements of the crime rise to the level of a state charge, the case should be filed with the Denver City Attorney’s Office. All city criminal cases will have a GS, GD or GC in the original criminal case number. 3. If the protection order was issued out of a municipal case from another jurisdiction, the new case (violation) should be filed with the Denver City Attorney’s Office. c. When to file a violation of a protection order at the state level: 1. If the protection order was issued out of a state criminal case, the violation of protection order should be filed with the Denver District Attorney’s Office. NOTE: All state criminal cases will have a letter designation of either “M” (misdemeanor), “F” (felony) or CR (district court) from the original case number. 2. If any other elements of the crime rise to the level of a state charge, regardless of where the protection order was issued, state charges should be filed. This would include cases involving serious bodily injury (SBI), multiple violations of protection orders, or stalking. 3. All domestic violence crimes committed by a juvenile defendant will be filed with the Denver District Attorney’s Office. 4. Complete a General Occurrence (GO) report to document these outlined protection order violations. (2) FOREIGN PROTECTION ORDERS - CRS §13-14-110 Definition: Any protection or restraining order, injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary or final orders, other than child support or custody orders, issued by a civil or criminal court of another state, an Indian tribe, or a U.S. territory or commonwealth. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 2 OF 11 Enforcement: Officers "will presume the validity of, and enforce" foreign protection orders provided to the officer.  If the protected party does not have a copy of the Foreign Protection Order on his/her person, the officer should determine if the Foreign Protection Order exists on the central registry on NCIC, and if so, "will enforce the order."  If the Foreign Protection Order cannot be confirmed, the officer "may rely upon the statement of any person protected by a Foreign Protection Order that it remains in effect. A peace officer who is acting in good faith when enforcing a Foreign Protection Order will not be civilly or criminally liable pursuant to section CRS §18-6-803.5(5). (3) SERVICE OF DOMESTIC VIOLENCE ABUSE OR ELDER ABUSE PROTECTION ORDERS: If the order involved is a Domestic Violence Abuse Protection Order or Elder Abuse Protection Order issued under CRS §13-14-104.5 and the respondent has not been personally served with a protection order, an officer responding to a call for assistance will serve a copy of the protection order on the respondent named in the protection order. The officer will write the time, date, manner of service on the protected person’s copy of the order, and sign the statement. CRS §13-14-107(3) a. If a temporary protection order was properly served on the defendant; and the court makes the temporary protection order into a permanent protection order, without making any changes to the protection order, service of the permanent protection order on the defendant is not required; and the officer may enforce the permanent protection order; however, b. If the court modifies the protection order in any way, except in emergency situations, the modified protection order must be served on the defendant prior to enforcement. In some cases, the court seal may not be visible on a copy of the restraining order due to the nature of the seal and the photocopy process. As long as the copy bears a judge's signature, the order should be considered valid and enforceable. c. If the protected party does not have a copy of the protection order on his/her person, the officer should check the CBI/NCIC registry, or attempt to contact the issuing courtroom. If the protection order cannot be confirmed, the officer will complete a General Occurrence (GO) report, with an offense code titled, “Letter to Detectives” and route it to the Domestic Violence Investigations Unit for further investigation. The reporting party should be ordered in to the Domestic Violence Unit for the following day at 0930 hours. (4) WHEN M ANDATORY REQUIREMENTS HAVE NOT BEEN MET: If an officer encounters a situation where an arrest for violation of a restraining order cannot be made because any one or more of the mandatory requirements have not been met: a. The officer's supervisor must be called to the scene for verification or assistance. b. The officer will note on his/her log sheet the name of the supervisor who responded to the call and the specific requirement(s) not met. c. If there are additional questions, supervisors can contact the on-call Domestic Violence Unit supervisor through Denver 911. (5) RESTRAINED PERSON IS A JUVENILE: If the restrained party is a juvenile, upon arrest the juvenile will be transported to the Juvenile Section for processing. All juvenile domestic violence cases will be filed under state charge(s). A General Occurrence (GO) report will be completed and routed to the Domestic Violence Unit for further investigation. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 3 OF 11 122.02 EXTREME RISK PROTECTION ORDERS (1) PURPOSE: This policy is designed to provide department personnel with directions and procedures for the petition, service, and enforcement of Extreme Risk Protection Orders. The Denver Police Department (DPD) believes that T/ERPOS can significantly reduce the risk of suicide, and harm to victims, the community, and law enforcement, and it is committed to enforcing extreme risk protection orders. (2) DEFINITIONS: Antique/Curio or Relic Firearm: Any antique firearm, as defined in 18 U.S.C. §921 (a) (16), or any curio or relic firearm, as defined in 27 C.F.R. §478.11. Concealed Carry Permit: Any carrying concealed weapon permit (CCW) issued per CRS §18-12-203 or any concealed handgun permit (CHP) recognized through reciprocity, as defined in CRS §18-12-213. Extreme Risk Protection Order (T/ERPO): Either a temporary or a continuing order granted pursuant to Article 14.5 of Title 13 of the Colorado Revised Statutes. For the purposes of this policy, when referring to both a temporary and continuing order, the term “T/ERPO” may be used. “TERPO” refers to only a temporary order. “ERPO” refers to a continuing order. Family or Household Member: Means, with respect to the respondent, any:  Person related by blood, marriage, or adoption to the respondent;  Person who has a child in common with the respondent, regardless of whether such person has been married to the respondent or has lived together with the respondent at any time;  Person who regularly resides or regularly resided with the respondent within the last six months;  Domestic partner of the respondent;  Person who has a biological or legal parent-child relationship with the respondent, including stepparents and stepchildren and grandparents and grandchildren;  Person who is acting or has acted as the respondent’s legal guardian; and  A person in any other relationship described in CRS §18-6-800.3(2) with the respondent. Federally Licensed Firearms Dealer: Any individual or entity who lawfully possesses a federal license to sell/transfer firearms pursuant to 18 U.S.C. §923. Firearm: Any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges as described in CRS §18-1-901(3)(h). For the purposes of this policy, ammunition and magazines are not considered a “firearm” and should not to be seized. Petitioner: The person or entity who petitions for an Extreme Risk Protection Order pursuant to Article 14.5 of Title 13 of the Colorado Revised Statutes. A petitioner may be a family or household member of the respondent or a law enforcement officer or agency. Respondent: The person who is identified as the respondent in a T/ERPO petition. (3) T/ERPO PETITION: A T/ERPO petition may be initiated by a family or household member of the respondent or a law enforcement officer or agency. a. Law Enforcement Petition 1. If an officer has a reasonable belief that an individual poses a significant risk of causing personal injury to self or others in the near future by controlling, owning, purchasing, possessing, receiving, or otherwise having custody or control of a firearm, the officer will consult a Domestic Violence Unit sergeant. After consultation with an attorney from the City Attorney’s Office Mental Health Unit, if a T/ERPO petition is deemed appropriate, the O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 4 OF 11 Domestic Violence Unit sergeant will assign a Domestic Violence Prevention detective to prepare the Search Warrant Affidavit (DPD 370) and Search Warrant (DPD 371).  If it is determined that a T/ERPO will be requested, the officer on scene may also ask the individual whether he or she is willing to voluntarily surrender his or her firearm(s) to DPD, along with any conceal carry permit. However, the individual is not required to do so without an order issued by the court. NOTE: A request for a Civil T/ERPO is separate and distinct from an investigation of criminal activity and does not affect the ability of an officer to remove a firearm or concealed carry permit from a person or conduct a search and seizure of a firearm pursuant to other lawful authority. 2. If a firearm or firearms and any concealed carry permit are voluntarily surrendered at the scene, in addition to taking custody of the firearm(s) and concealed carry permit, the officer will complete an Extreme Risk Protection Order Inventory and Receipt (DPD 802b) and ensure that the individual receives a copy prior to leaving the scene. 3. T/ERPO – If a temporary extreme risk protection order will be requested, a Domestic Violence Prevention detective will prepare an affidavit establishing the grounds for the petition or the reasons for believing such grounds exist, which must include the following:  The facts demonstrating that the respondent poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm, including the specific statements, actions, or facts that give rise to a reasonable fear of future dangerous acts by the respondent; and  The number, types, and locations of any firearm(s) believed to currently be in the custody of, owned, possessed, or controlled by the respondent and the basis for the belief. When investigating the circumstances surrounding the T/ERPO petition, DPD personnel should also determine the following:  Whether the respondent is required to possess, carry, or use a firearm as a condition of the respondent’s employment; and  Whether there is a known existing domestic abuse protective order governing the respondent. 4. A Search Warrant Affidavit (DPD 370) and Search Warrant (DPD 371) must be prepared in compliance with CRS §16-3-301.5 and §16-3-303. The affiant will provide facts sufficient to:  Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;  Establish by probable cause that the person named in the warrant is a respondent in an extreme risk protection order filed pursuant to Article 14.5 of Title 13 of the Colorado Revised Statutes;  Establish by probable cause that the respondent is in possession of one or more firearms and identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;  Identify the location of such firearm(s); and O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 5 OF 11  Include other information relied upon by the affiant and why the affiant considers such information credible and reliable. 5. If a TERPO is issued by the Denver Probate court based upon a law enforcement petition, the police department must make a good-faith effort to provide notice of the order and a copy of the court’s resource list to a family or household member of the respondent and any known third-party who may be at direct risk of violence. All efforts to provide notice will be documented in Versadex. b. Petitions by Family or Household Members of the Respondent A family or household member who wants to request a T/ERPO should be directed to a Colorado district or county court in the jurisdiction in which the respondent resides. If a member of the public petitions for a T/ERPO in the City & County of Denver, the Denver Probate Court will notify the Domestic Violence Unit sergeant by telephone and email. Upon receiving such notification, the Domestic Violence Unit sergeant will: 1. Immediately notify the City Attorney’s Office Mental Health Unit by sending a copy of the petition to: [email protected]. 2. If the respondent resides within the City & County of Denver, assign the court case to a Domestic Violence Prevention detective. If the respondent does not reside within the City & County of Denver, the detective should contact the City Attorney’s Office Mental Health Unit for assistance. The assigned detective and any other necessary department personnel will attend the T/ERPO hearing with an attorney from the City Attorney’s Office Mental Health Unit. If the T/ERPO is granted, the detective will prepare a Search Warrant Affidavit (DPD 370) and Search Warrant (DPD 371) in the same manner as detailed above in Section (3) a. 4. 3. If the T/ERPO is not granted, the assigned Domestic Violence Prevention detective will consult with his/her supervisor and the City Attorney’s Office Mental Health Unit and coordinate appropriate follow-up actions. (4) SERVICE: If a court notifies the police department of a T/ERPO issued by the court and the respondent resides within the City and County of Denver, the following procedures will apply. a. In addition to the T/ERPO, if the court also ordered a mental health evaluation of the respondent under CRS §27-65-106(6) or an emergency commitment under CRS §27-81-11 or §27-82-107, a Domestic Violence Prevention detective should contact the Denver Sheriff Department at DSD- [email protected] to coordinate any necessary assistance with transporting the respondent. b. Upon receipt of a Temporary Extreme Risk Protection Order issued by the court, a Domestic Violence Prevention detective will: 1. Coordinate with his or her supervisor to determine the appropriate steps for execution of the search warrant, in compliance with OMS 107.01. 2. Prepare a service packet, which must include:  A copy of the TERPO issued by the court;  A copy of the notice of hearing;  A copy of the petition;  The resource list provided by the court; and  A copy of the search warrant. 3. Serve the service packet within five (5) days of receiving the TERPO; however, due to the emergency nature of the order, service should occur as soon as practicable, with O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 6 OF 11 consideration for the safe planning and execution of the order and search warrant. Service of a TERPO takes precedent over the service of other documents, unless the other documents are of a similar emergency nature. Proof of service must be completed and submitted to the City Attorney’s Office Mental Health Unit for filing with the court. All efforts to provide service should be documented in Versadex.  If the respondent is eighteen years of age or older, service may be made on the respondent personally, or by leaving a copy where the respondent resides with a person eighteen years of age or older who is a member of the respondent’s family. If the respondent is under the age of eighteen, contact the City Attorney’s Office Mental Health Unit for guidance regarding service.  If the police department is unable to serve the respondent within five (5) days, department personnel should notify the petitioner (if the ERPO was based upon a non-law enforcement petition) and seek additional information about the whereabouts of the respondent.  The police department will also notify the City Attorney’s Office Mental Health Unit at [email protected] to enable the City Attorney’s Office to seek additional time for service and execution of the search warrant from the Denver Probate Court. Regardless of any extension permitted by the court, all search warrants must be executed within fourteen (14) days after the TERPO is issued pursuant to CRS §16-3-305. 4. Department personnel serving the TERPO order, including a TERPO in which the Petitioner was not a law enforcement agency or officer, will request that the respondent immediately surrender all firearms in his or her custody, control, or possession and any concealed carry permit issued to the respondent. If a search warrant was obtained, department personnel will also execute the search warrant in the same manner as any other search warrant in accordance with OMS 107.01. A Return and Inventory (DPD 373) must be completed in all instances following a search, even if no firearm or concealed carry permit is surrendered or located. If no firearms or concealed carry permit are surrendered or recovered as part of a search, a statement to that effect should be noted on the Return and Inventory. Department personnel must also complete an Extreme Risk Protection Order Inventory and Receipt (DPD 802b) if any firearm(s) or a concealed carry permit are surrendered or located in the search. A copy of the completed Return and Inventory (DPD 373) and Inventory and Receipt (DPD 802b) will be left with the respondent or other individual over the age of eighteen accepting service of the TERPO. The originals should be sent to the City Attorney’s Office Mental Health Unit for filing with the court and scanned into Versadex. 5. Procedures regarding the storage and disposition of firearms and concealed carry permits are detailed below under Section (5). c. Upon receipt of an Extreme Risk Protection Order issued by the court, a Domestic Violence Prevention detective will: 1. Personally serve the respondent with a copy of the order within five (5) days of receiving the ERPO from the court, unless the respondent appeared in person before the court.  If officers are unable to locate the respondent for service within five (5) days, officers must make a good faith effort to notify the petitioner (if the ERPO was based upon a petition filed by a family or household member of the respondent) and seek additional information about the respondent’s whereabouts. Officers will also notify the City Attorney’s Office Mental Health Unit at [email protected] to enable the O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 7 OF 11 City Attorney’s Office to seek additional time for service of the order from the Denver Probate Court. 2. If the respondent appeared personally at the ERPO hearing, personal service is not required and the respondent must surrender any firearm(s) and concealed weapons permit within twenty-four (24) hours after the hearing.  The respondent may surrender any firearm(s) and concealed weapons permit by contacting the DPD Evidence and Property Section at (720) 913-6718 Monday through Saturday between the hours of 8:30 a.m. and 5:00 p.m. to arrange for the delivery and surrender of the firearm(s) and concealed carry permit, if any, to the DPD Headquarters.  The officer taking possession of the firearm(s) or concealed carry permit will complete an Extreme Risk Protection Order Inventory and Receipt (DPD 802b) identifying all firearms and any permit that have been surrendered or taken custody of and provide a copy of the Inventory and Receipt to the respondent.  Within seventy-two (72) hours after receiving such firearms or concealed carry permit, the officer will provide a copy of the Inventory and Receipt (DPD 802b) to the Denver Probate court and the City Attorney’s Office Mental Health Unit. 3. If the respondent appeared personally at the hearing and two full court days have elapsed since the issuance of an ERPO without the respondent filing with the court proof of relinquishment or an attestation that the respondent does not have custody, control or possession of any firearms and does not currently have a concealed weapons permit, the court will notify the DPD Domestic Violence Unit of the respondent’s failure to file proof of surrender. Upon receipt of such notice, the DPD Domestic Violence Unit sergeant will notify the City Attorney’s Office Mental Health Unit and assign a detective to the matter. 4. Upon receiving such notice from the court, the detective from the DPD Domestic Violence Unit will make a good faith effort to determine whether any evidence exists that the Respondent has failed to relinquish any firearm in the respondent’s custody, control, or possession or a concealed carry permit issued to the respondent. 5. If an officer has probable cause to believe that the respondent has failed to surrender all firearms or a concealed carry permit in his or her custody, control, or possession, a Domestic Violence Prevention detective will prepare a Search Warrant Affidavit (DPD 370) and Search Warrant (DPD 371) as detailed under section (3) a. 4. above. 6. Procedures regarding the storage and disposition of firearms and concealed carry permits are detailed below under Section (5). d. Unsuccessful Service If the respondent is unable to be served the T/ERPO within 5 days or any additional time period permitted by the court, the City Attorney’s Office Mental Health Unit will be notified, who will inform the court of the police department’s inability to provide service. (5) SURRENDER AND STORAGE OF FIREARM(S): a. Surrender/Seizure 1. Once the firearm is in the possession of the police department, the respondent may elect to: a. Sell or transfer the firearm to a federally licensed firearms dealer; or b. Arrange for storage with the police department; or c. If the firearm is an antique/curio or relic firearm, it may be transferred to a relative (third party) who does not reside with the respondent if it is confirmed through a O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 8 OF 11 criminal history record check that the relative is currently eligible to own or possess a firearm under federal and state law. 2. If the respondent indicates no preference, the firearm(s) will be placed into the Evidence and Property Section per OMS 106.01. b. Storage/Disposition 1. Every firearm surrendered or recovered, including any concealed weapons permit, must be inventoried and submitted to the Evidence and Property Section per OMS 106.01. 2. When placing items in the Evidence and Property Section that were seized pursuant to the execution of a search warrant, the officer will complete the Return and Inventory (DPD 373) and the Extreme Risk Protection Order Inventory and Receipt (DPD 802b). 3. If the respondent elects to transfer an antique/curio or relic firearm to a relative, the party taking possession must present a notarized letter from the owner/respondent authorizing release of the firearm to the relative. The relative will also complete any firearm release form required of the Evidence and Property Section to facilitate the transfer. The relative must agree to maintain custody of the firearm(s) and not return the firearm(s) to the respondent or give the respondent access to the firearm(s) until any T/ERPO entered by a court has been terminated. Upon notification and if the firearm is transferred to a relative, the police department will provide notice to the City Attorney’s Office Mental Health Unit. c. Person Other Than Named Respondent Claims Title to Surrendered Firearm(s) 1. If a person other than the respondent claims title to any surrendered firearms or firearms taken custody of by the police department, an investigation into the person’s claim will be conducted. 2. If it is determined that the person other than the respondent is the lawful owner of the firearm(s), the firearm(s) will be returned consistent with OMS 106.08 to that person if:  The firearm is removed from the respondent’s custody, control, or possession, and the lawful owner agrees to store the firearm so that the respondent does not have access to or control of the firearm; and  The firearm is not otherwise unlawfully possessed by the lawful owner. 3. If a firearm is returned to the lawful owner, the police department will provide notice to the City Attorney’s Office Mental Health Unit. (6) TERMINATION/EXPIRATION OF T/ERPO: a. The court will notify DPD and the City Attorney’s Office of any request from the respondent to terminate the ERPO. At any time within sixty-three (63) days before the expiration of the order, a petitioner, family or household member of the respondent, or the police department may request renewal of the order. Court personnel are responsible for tracking the expiration of orders and should consult with the Domestic Violence Unit sergeant and the City Attorney’s Office Mental Health Unit regarding renewal of the order. If it is determined that renewal is appropriate, the City Attorney’s Office Mental Health Unit will file a motion with the court and the police department must serve a copy of the motion and notice of hearing in the same manner outlined in Section (4) b. 3. above. b. Firearm(s) and/or concealed weapons permit(s) must be returned, if requested by respondent, when an ERPO is not granted (but were seized under the TERPO) and when an ERPO is terminated or expires without renewal, so long as the respondent is eligible to own or possess a firearm under federal and state law. If the police department receives notification from the court that a T/ERPO has expired or terminated, a Domestic Violence Prevention detective must notify O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 9 OF 11 the Evidence and Property Section that the property is eligible for release. The Evidence and Property Section must notify the respondent of the process for return of his or her property pursuant to OMS 106.05. If the respondent requests return of the firearm(s) and/or a concealed weapons permit, the police department must return any such items currently held by DPD within three (3) days of completion of a record check pursuant to CRS §24-33.5-424. c. Any firearm surrendered by the respondent or seized by the police department that remains unclaimed by the respondent or lawful owner for at least one year from the date the temporary or continuing order expired, whichever is later, becomes the property of the police department and will be disposed of per forfeiture procedures outlined in OMS 106.05 (2). Documentation of the disposition must be submitted to the respondent and the courts and be maintained by the Evidence and Property Section. d. The police department must promptly remove the order from any computer-based system the order was entered into upon notice from the court of the T/ERPO termination/expiration. (7) OUT OF COUNTY PROCEDURES: a. The Denver Police Department will only petition for and serve a T/ERPO within the City & County of Denver. If a T/ERPO originating in the City & County of Denver includes a search warrant for property located outside of the jurisdiction, the police department will contact the local law enforcement agency to coordinate execution of the search warrant. b. Any TERPO or search warrant issued by a court outside the City & County of Denver involving a respondent who resides in the City & County of Denver or has firearms within the City & County of Denver should be referred to the Domestic Violence Unit at [email protected]. 122.03 CIVIL STANDBY FOR THE RECOVERY OF PERSONAL PROPERTY (1) ON PUBLIC AND PRIVATE PROPERTY: a. Legal Authority The recovery of a citizen's personal property in the possession of another is a civil matter between the two parties. The only legal authority of the police department is to prevent a breach of the peace unless criminal activity is present. b. Preliminary Procedures When a citizen requests officers to assist in recovering personal property, officers will clear the party to determine if they are subject to a protection order that prohibits them from being at the location or in contact with the person in possession of the property. 1. If a protection order is in effect, officers will check CCIC for notes that list the terms of when undisputed personal property may be obtained. The CCIC information will include specific date(s) and times allowing one civil standby.  If the protection order does not contain this information, officers will not conduct the civil standby and the citizen will be advised that he/she may request that the issuing court modify the order with language to allow for a civil standby.  Regardless of the jurisdiction that issued the protection order, officers will not conduct a civil standby unless the order specifically allows it. 2. If a protection order is in effect, officers will check the premise history for the address and ensure that the single (one) allowed civil standby has not already been carried out. The citizen will be advised to contact the issuing court if an additional standby is desired. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 10 OF 11 3. Officers can call the Denver County Court Warrant Line at 720-337-0464 (seven days a week from 0430-0030 hours) with questions regarding protection orders issued by Denver courts for language and validity. 4. If the civil standby is allowed per the court or if there is no protection order in effect, officers should escort the citizen to the location and stand by while the citizen makes his/her request. If the person in possession of the property refuses to release it, officers should escort the complainant away from the location and advise the person that he/she may initiate further civil action at their discretion. c. Documentation If the person in possession of the property agrees to its release, the officers should stand by for a reasonable time while a reasonable amount of property is removed. Officers must remain neutral in these situations and are not to actively participate in the recovery. With all requests for a civil standby, officers will make the appropriate call notes and complete a street check. 1. Civil standby completed:  Call notes Include the OCA number of the protection order (if applicable), any address involved, and the names of any persons present during the civil standby.  Street check Identify the person requesting the civil standby. The text portion will document the OCA number of the protection order (if applicable), all actions taken, all addresses checked, the names of any persons present at any address checked, and any other relevant information related to the civil standby. 2. Civil standby not completed:  Call notes Include the OCA number of the protection order (if applicable), the reason a civil standby was not completed, and the action taken by the officer (e.g., party advised that he/she may return to court to request modification of protection order, etc.).  Street check Identify the person requesting the civil standby. The street check will document that the civil standby was requested but not completed. The text portion will be used to document the OCA number of the protection order (if applicable), the reason the civil standby was not completed and all actions taken by the officer. d. Property will not be removed without the presence and permission of the person having authority and control over the location where the items are stored. (2) LANDLORD/TENANT DISPUTES: In cases of landlord/tenant disputes where there is sufficient evidence to believe a criminal offense has taken place. a. Title the report accurately (i.e., theft, criminal mischief, assault, etc.). There is no such offense as "landlord/tenant". b. If the offense is a crime against the property, the owner of the building is the victim. c. When a theft is involved, include information about any rental contract and the existence of a signed inventory of the premises in the body of the report. If there was an eviction, include information concerning when and by whom it was made. d. Criminal mischief reports require a list of the estimated damages and the name of the qualified person who made the estimate. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 122.00 CIVIL PROTECTION ORDERS AND ASSISTS PAGE: 11 OF 11 e. The reporting officer should also note the existence of any "damage deposit" or any other kind of deposit which could be considered a damage deposit. 122.04 EVICTIONS (1) RESPONSIBILITY: a. Denver Sheriff Department deputies or other court officers who are charged with executing evictions will do so in accordance with a Writ of Restitution after Judgment (CRS §13-40-122) and their internal department policies. b. The Denver Police Department is not responsible for resolving eviction cases since they are civil matter. The function of officers dispatched to a location where an eviction is taking place is to prevent a breach of the peace or to take action against criminal activity. (2) CONSIDERATIONS: a. Evictions will be processed during daylight hours only. b. Information regarding household goods placed on public property and/or evicted families without housing facilities will be relayed by responding district police officers to their supervisory or commanding officer. 1. Household goods on public property:  The supervisory officer will advise the district officer to give additional observation to the household goods.  After seventy-two (72) hours, if there is a complaint about the household goods left on public property, Neighborhood Inspection Services will be notified. 2. Evicted families without housing facilities:  When children are members of the evicted family and are in need of shelter, the court officer will coordinate placement with Denver Human Services.