Procedures for Domestic Violence Arrests (PDF) - California 2018

OFFICE OF OPERATIONS OPERATIONS ORDER NO.5 SUBJECT: April 18. 2018 PROCEDURES FOR MAKING ARRESTS UNDER THE NEW DOMESTIC VIOLENCE LAW - PENAL CODE SECTION 836(d)REVISED On January 1,2013, California Penal Code (PC) Section 836(d), was amended to authorize a warrantless arrest for domestic violence...

OFFICE OF OPERATIONS OPERATIONS ORDER NO.5 SUBJECT: April 18. 2018 PROCEDURES FOR MAKING ARRESTS UNDER THE NEW DOMESTIC VIOLENCE LAW - PENAL CODE SECTION 836(d)REVISED On January 1,2013, California Penal Code (PC) Section 836(d), was amended to authorize a warrantless arrest for domestic violence ofpersons who are currently or were formerly engaged or who are currently or were formerly dating. This Operations Order revises procedures for the enforcement ofPC Section 836(d), to define when a warrantless misdemeanor arrest may be made for a crime ofdomestic violence not committed in an officer's presence. This Operations Order supersedes Office ofOperations Order No.5, Procedures for Making A"ests Under the New Domestic Violence Law - Penal Code Section 836(d), dated May 1,1997. PURPOSE: PROCEDURE: Penal Code Section 836(d) states, in part, that peace officers may arrest a person without a warrant for a misdemeanor assault or battery upon: • • • • • A current or former spouse; A current or former fiancetfiancee; A current or former cohabitant; A current or former dating relationship; or, Parties with a child in common. Officers should understand that this warrantless misdemeanor arrest authority applies only to domestic violence incidents involving one ofthe specified relationships. Ifno probable cause to arrest exists, the officer shall inform the victim ofhis or her right to make a private person's arrest, per PC Section 836(b). Additionally, PC Section 13701(b) requires officers at the scene to make reasonable efforts ~ identify the dominant aggressor in any felony or misdemeanor domestic violence incident. Penal Code Section 13701(b) defines the dominant aggressor as the penon determined to be the most signfflcant aggressor, rather than the fmt aggressor. In identifying the dominant aggressor, an officer shall consider the intent ofthe law to protect victims ofdomestic violence from continuing abuse; the threats creating fear of physical injury; the history of domestic violence between the persons involved; and, whether either person acted in se1fdefense. Note: Penal Code Section 13701(b) is intended to disco:urage, when appropriate, but not prohibit, dual arrests in domestic violence incidents. If it is determined that the dominant aggressor has committed an assault or battery, the dominant aggressor shall be arrested, per Department policy, under the authority of PC Section 836(d). OPERATIONS ORDER NO. 5 -2- April 18. 2018 Ifofficers are unable to determine the dominant aggressor, a supervisor shaD be requested for advice. If the dominant aggressor still cannot be detennined, Department personnel shaD inform. the victim ofhis or her right to make a private person's arrest. If the victim wants to make an arrest, the officers shaD follow existing private person's arrest procedures outlined in Department Manual Sections 4/216.30 through 4/216.34. Any questions regarding this matter should be directed to Evaluation and Administration Section, Office ofOperations at (213) 486-6050. MICHE - . MOORE, First Assistant Chief Director, Office of Operations DISTRIBUTION "A"