Hollywood Police Department SOP 250 Domestic & Dating Violence PDF

SOP HOLLYWOOD POLICE DEPARTMENT #250 DOMESTIC & DATING VIOLENCE INVESTIGATIONS ORIGINATION DATE: 03/19/2001 REVISED DATE: 08/04/2023 APPROVED: CHIEF OF POLICE, JEFF DEVLIN PURPOSE: To establish standards and guidelines for the Law Enforcement response to domestic/dating violence allegations. SCOPE: This SOP applies to all Members of the Department. POLICY: The Hollywood Police Department has adopted a proactive approach concerning domestic & dating violence incidents. The objectives of the Hollywood Police Department’s response to domestic violence incidents are the separation of parties involved, the timely intervention in all criminal acts, and the prevention of future violence. INDEX: PROCEDURE:.............................................................................................................................................. 3 I. INITIAL RESPONSE AND ENTRY TO THE SCENE............................................................................ 3 A. OFFICER RESPONSE:............................................................................................................................ 3 B. OFFICERS REFUSED ENTRY TO PREMISES:............................................................................................ 3 II. ON-SCENE INVESTIGATION................................................................................................................ 3 A. INITIAL ACTIONS:.................................................................................................................................. 3 B. INVESTIGATIVE STEPS:.......................................................................................................................... 4 III. ARRESTS............................................................................................................................................... 4 A. CONSENT OF VICTIM:............................................................................................................................ 4 B. WARRANTLESS ARREST:....................................................................................................................... 5 C. ARREST CONSIDERATIONS:................................................................................................................... 5 D. STATE OF FLORIDA RESPONSIBLE FOR PROSECUTION:........................................................................... 6 E. “C” LIST LETTER DISTRIBUTION:............................................................................................................ 6 F. IF THE SUSPECT HAS LEFT THE SCENE:................................................................................................. 6 IV. DUAL ARRESTS.................................................................................................................................... 8 A. PRIMARY AGGRESSOR:......................................................................................................................... 8 B. SEPARATE ACT OF AGGRESSION:.......................................................................................................... 8 C. ACTS OF SELF-DEFENSE:...................................................................................................................... 8 V. VICTIM SUPPORT SERVICES.............................................................................................................. 8 A. SUPPORTIVE MEASURES:...................................................................................................................... 8 SOP 250 Domestic & Dating Violence Investigations Page 1 of 17 B. MANDATORY REQUIREMENTS AND REFERRALS:..................................................................................... 9 C. INFORMING THE VICTIM:........................................................................................................................ 9 D. DEPARTING THE SCENE:....................................................................................................................... 9 E. TRANSPORTING THE VICTIM TO A SHELTER:........................................................................................... 9 F. JUSTICE CENTER:................................................................................................................................. 9 VI. CARE OF CHILDREN.......................................................................................................................... 10 A. CHILD ABUSE SITUATIONS:.................................................................................................................. 10 B. IF A PARENT OR GUARDIAN IS ARRESTED OR HOSPITALIZED:................................................................ 10 VII. CARE OF DEPENDENT ADULTS....................................................................................................... 10 VIII. REPORTING REQUIREMENTS.......................................................................................................... 10 A. MOBILE FIELD REPORTS:.................................................................................................................... 10 B. EVIDENCE:......................................................................................................................................... 10 C. REPORT FORWARDING TO WOMEN IN DISTRESS:................................................................................. 11 IX. FOLLOW-UP INVESTIGATION........................................................................................................... 11 A. IN CASES OF MISDEMEANOR ARREST(S):............................................................................................. 11 B. IN CASES OF FELONY ARREST(S):....................................................................................................... 11 X. DOMESTIC/DATING VIOLENCE / REPEAT VIOLENCE INJUNCTION VIOLATIONS..................... 12 A. PROBABLE CAUSE ARREST:................................................................................................................ 12 B. ARREST FOR VIOLATING THE TERMS OF THE INJUNCTION:..................................................................... 12 C. ENFORCEABILITY OF INJUNCTIONS:...................................................................................................... 12 D. RECOGNITION OF FOREIGN PROTECTION ORDERS:.............................................................................. 12 XI. ARREST WITHOUT A WARRANT FOR VIOLATIONS OF AN INJUNCTION FOR PROTECTION AGAINST DOMESTIC/DATING OR REPEAT VIOLENCE................................................................. 13 A. ARREST:............................................................................................................................................ 13 B. CHARGES:.......................................................................................................................................... 13 C. GOOD FAITH IMMUNITY FOR LAW ENFORCEMENT OFFICERS:................................................................ 13 XII. WHEN IT IS APPROPRIATE NOT TO ARREST SOMEONE FOR VIOLATION OF INJUNCTIONS 13 XIII. SERVING DOMESTIC/DATING VIOLENCE INJUNCTIONS AND RESTRAINING ORDERS.......... 13 A. SERVICE OF PROTECTION ORDERS:.................................................................................................... 13 X. DOMESTIC/DATING VIOLENCE OR DOMESTIC INCIDENTS INVOLVING LAW ENFORCEMENT OFFICERS............................................................................................................................................ 14 A. ALLEGATIONS OF DOMESTIC/DATING VIOLENCE OR DOMESTIC INCIDENTS INVOLVING HOLLYWOOD POLICE OFFICERS OCCURRING IN THE CITY OF HOLLYWOOD:........................................................................... 14 B. ALLEGATIONS OF DOMESTIC/DATING VIOLENCE OR DOMESTIC INCIDENT INVOLVING A HOLLYWOOD POLICE OFFICER OCCURRING OUTSIDE THE CITY OF HOLLYWOOD:.................................................................. 15 C. ALLEGATIONS OF DOMESTIC/DATING VIOLENCE OR DOMESTIC INCIDENT INVOLVING OFFICERS FROM ANOTHER AGENCY:............................................................................................................................ 15 D. INJUNCTIONS SERVED AT THE POLICE DEPARTMENT:........................................................................... 15 XI. ALLEGATIONS OF DOMESTIC/DATING VIOLENCE OR DOMESTIC INCIDENTS INVOLVING CITY OF HOLLYWOOD EMPLOYEES............................................................................................... 15 SOP 250 Domestic & Dating Violence Investigations Page 2 of 17 A. ALLEGATIONS OF DOMESTIC/DATING VIOLENCE OR DOMESTIC INCIDENTS INVOLVING CITY OF HOLLYWOOD EMPLOYEES OCCURRING IN THE CITY OF HOLLYWOOD:........................................................................ 15 XII. DEFINITIONS:...................................................................................................................................... 16 A. DATING VIOLENCE:........................................................................................................................ 16 B. DOMESTIC DISTURBANCE:........................................................................................................... 16 C. DOMESTIC VIOLENCE:.................................................................................................................. 16 D. DOMESTIC VIOLENCE CENTER:................................................................................................... 16 E. FAMILY OR HOUSEHOLD MEMBERS:.......................................................................................... 16 F. INJUNCTION FOR PROTECTION AGAINST DOMESTIC/DATING VIOLENCE OR REPEAT VIOLENCE:...................................................................................................................................... 16 G. PETITIONER:................................................................................................................................... 17 H. REPEAT VIOLENCE:....................................................................................................................... 17 I. RESPONDENT:............................................................................................................................... 17 PROCEDURE: I. INITIAL RESPONSE AND ENTRY TO THE SCENE A. Officer Response: Due to the potential hazards faced by Officers at the scene of domestic/dating disturbances, the following procedures will be followed when responding to such calls: 1. When responding to domestic/dating disturbance calls, Officers will act in accordance with Departmental policy regarding emergency vehicle operations: 2. A minimum of two Officers will be dispatched to domestic/dating disturbance calls, and additional Officers will be dispatched whenever circumstances demand or when requested by a responding Officer. 3. Officers will not stop or park their vehicles directly in front of the concerned residence or in a location that would leave them vulnerable to danger. It is a good practice to park a few residences away and approach the location on foot unless unusual factors dictate otherwise. 4. Prior to knocking or otherwise announcing their presence, Officers should stop and listen to what is occurring inside the residence, situation permitting. B. Officers Refused Entry to Premises: Officers will be persistent about seeing and speaking alone with the victim if they are refused entry. If access is refused, Officers should request Communications attempt to contact the victim by telephone. If access is still refused, and the Officers have reason to believe someone inside the residence is in imminent danger, Florida statutes allow Police Officers to enter a premise without a warrant under exigent circumstances to protect individuals in distress, to assist victims of crime, or to investigate suspicious signs of impending danger. The exigency is based on the Officer’s obligation to protect life and property. II. ON-SCENE INVESTIGATION A. Initial Actions: The initial actions of the responding Officer(s) should be to ensure the safety of all persons at the scene. This should include the following: 1. Separating the victim and suspect physically, verbally, and, if possible, visually (if circumstances permit, move them into separate rooms). 2. Taking possession of all involved weapons and securing any other weapons which pose a threat at the scene, seizing only in accordance with Law. SOP 250 Domestic & Dating Violence Investigations Page 3 of 17 3. Assessing the severity of injuries to parties and applying or calling for the appropriate level of aid. 4. Locating and checking on the welfare of children and others at the scene. B. Investigative Steps: Steps of the on-scene investigation should include the following: 1. Interview all parties and potential witnesses, including children and neighbors. 2. If the special needs of any party impair communications, the Officer, where possible, should request that the appropriate resources be made available. 3. Determine the nature and extent of all injuries and defensive wounds. 4. 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. 5. Determine who the primary aggressor is, using the following factors and the Officer’s judgment: a. Extent of any injuries inflicted. b. Fear of physical injury because of past or present threats. c. Actions are taken in self-defense or to protect oneself. d. Existence or previous existence of orders for protection. e. History of domestic/dating abuse perpetrated by one party against the other. f. Officers should check the Repeat Offender log. 6. Statements can be recorded in writing or with a recorder. “However, Officers are encouraged to use a digital recorder in conjunction with the Domestic/Dating Violence Victim Statement Format.” (see Appendix E): a. Any statements of the victim, suspect, and/or witnesses. b. Any relevant statements, including self-serving ones made by the suspect. 7. Have Crime Scene Technicians respond to collect physical evidence and photograph injuries and property damage. 8. Advise the victim of the support services available at Women in Distress. If a victim requires further assistance, Officers will complete the following: a. Women in Distress Community Referral Forms (Adult and/or Children). (see Appendix L) b. Place all form(s) in the “Domestic Violence Community Referral” box located outside CID. 9. Provide the victim a copy of the “Legal Rights and Remedies” (Domestic/Dating Violence) brochure, which is available in English and Spanish versions (see Appendix A and Appendix B). 10. Provide the victim with a copy of the Victim’s Rights Information Brochure (see Appendix C). 11. Complete a Field Report on a priority basis. III. ARRESTS A. Consent of Victim: In circumstances where the Officer reasonably believes that a risk of further violence at the scene of the domestic/dating disturbance does exist, an arrest should be made. The decision to arrest and charge does not require the victim’s consent. SOP 250 Domestic & Dating Violence Investigations Page 4 of 17 B. Warrantless Arrest: An Officer may arrest without a warrant when: 1. Probable Cause to believe that an act of domestic violence has occurred as defined in 741.28(2) f.s., an act of child abuse has been committed as defined in 827.03 f.s., an act of dating violence has occurred as defined in 784.046(1)(d) f.s. and/or the Officer finds any evidence of bodily harm or the Officer has corroborating evidence based upon the statements of one or more eyewitnesses or an act of domestic-related assault, whereas the Officer reasonably believes that there is a risk of violence unless the person alleged to have committed the act of domestic/dating violence is arrested without delay. 2. The respondent has been served with a copy of an Injunction for Protection Against Domestic/Dating Violence/Repeat Violence, and there is probable cause to believe that the person has committed a violation of an Injunction for Protection Against Domestic Violence 741.31(4)f.s., or a violation of an Injunction for Protection Against Repeat Violence 784.046 f.s., or a violation of an Injunction for Protection Against Dating Violence 784.046 f.s., which creates a threat of imminent danger to the petitioner or household members. This presumes the respondent is at the scene or is located in near proximity to the occurrence and within a reasonable period of time. If an arrest is made, a copy of the Order is to be attached to the completed Arrest Affidavit, and a copy of the Order is to be secured for Departmental records. 3. An Officer who acts in good faith and exercises due care in making an arrest is immune from civil liability that otherwise might result by reason of his/her action. No Law Enforcement Officer will be held liable, pursuant to 901.15(7)f.s., for an arrest based upon probable cause. 4. The desire of the victim concerning an arrest, prosecution, or the making of a formal complaint against the offender need not have any influence concerning the actions of the Officer. If a Lawful arrest can be made, the offender will be arrested. 5. In some cases of violation of Injunction/Restraining Orders and/or domestic/dating violence, extenuating circumstances may exist where an arrest without a warrant would not be reasonable. In such cases, Officers should not make an arrest and will indicate the valid reasons for not arresting the alleged perpetrator in the Incident Report. C. Arrest Considerations: Factors that should not be considered in determining whether an arrest will be made include: 1. Marital status, sexual orientation, race, religion, profession, age, disability, cultural, social, political position, or socioeconomic status of either party. 2. Ownership, tenancy rights of either party or the fact that the incident occurred in a private place. 3. Victim’s request that an arrest not be made. 4. Verbal assurances that the abuse will stop. 5. The fact that the suspect has left the scene. 6. Disposition of previous Police calls involving the same victim or suspect. 7. Denial by either party that the abuse occurred when there is evidence of domestic/dating abuse. 8. Concern against reprisals against the victim. 9. Adverse financial consequences that might result from the arrest. 10. Chemical dependency or intoxication of the parties. 11. Presence of children or the immediate dependency of children on the suspect. 12. Absence of visible injury or complaints of injury. SOP 250 Domestic & Dating Violence Investigations Page 5 of 17 D. State of Florida Responsible for Prosecution: The Officers making the arrest will inform the arrestee that domestic/dating violence is a crime and that the State of Florida, not the victim, is responsible for the prosecution. The responding Officers will not initiate discussion of or accept a complaint withdrawal or have the victim sign a waiver of prosecution. E. “C” List Letter Distribution: Officers making the arrest will issue a “C” list letter to the arrestee, guided by the following procedures: 1. Conduct an initial check of the current “C” List Log located in the Police “S” Drive, laptop/docs, under “Domestic Violence Initiative.” 2. If the arrestee’s name does not appear on the current “C” List log, the Officer will initiate a new “C” List Letter as follows: a. Open a blank “C” List Letter document (Spanish or English) in the DVI folder. b. Enter the date of completion. c. Enter the arrestee’s name. d. Enter the date of the incident. e. Save the letter to the DVI folder, then print. 3. Officers will email the CID Analyst the “C” List Letter via Outlook. 4. Officers will provide the arrestee with the following: a. Copy of the “C” List Letter b. Domestic Violence Offender Focused Program brochure. (see Appendix M) F. If the Suspect has Left the Scene: If Officers determine that there is probable cause to make an arrest and the suspect has left the scene, Officers will: 1. Notify a Supervisor who will determine if circumstances exist necessitating the presence of a GIU Detective. 2. Conduct a comprehensive search to locate and arrest the suspect. 3. Obtain information from the victim and witnesses regarding the suspect’s location. 4. Have a Crime Scene Technician respond to process the scene and photograph the victim(s) injuries. 5. The officer will complete a not-in-custody arrest affidavit by the end of the shift. The aforementioned will apply to all misdemeanor and felony acts of Domestic Violence. 6. During the officer’s initial investigation, he will conduct an NCIC/FCIC query of the subject to determine if the subject holds a prior conviction for battery, aggravated battery, or felony battery. Whereby any person who commits a second or subsequent battery commits a felony of the third degree and will be charged accordingly. 7. In addition, the officer completing a not-in-custody arrest affidavit will complete CAD Premise Flag Entry Request Form (See Appendix K) to have communications notify future officers dispatched to the residence that probable cause exists for the named defendant. a Email the CAD Premise Flag Entry Request Form to [email protected] with the subject line of FORWARD TO OCT or call 954-357-8686. For after-hour entries, email the Safety Entry Request Form and call 954-357-8686 to have your call returned. SOP 250 Domestic & Dating Violence Investigations Page 6 of 17 b To remove a CAD Premise Flag Entry Request from CAD, email [email protected] with the subject line of FORWARD TO OCT and add the address and specific details to be removed from CAD into the email. When they are no longer valid, the subject no longer resides there, or is associated with the location; they should be removed from CAD. This form is located in the S:/Drive in the BSO Communications folder. 8. In all instances (misdemeanor and felony) where a domestic violence not-in-custody arrest affidavit is completed, the Shift Lieutenant will be notified. The Incident will be included in the Shift Commander’s daily log. This is necessary for immediate follow-up by CID personnel. The officer will contact his immediate supervisor to advise them of the incident. 9. The officer will obtain a written complaint affidavit (see Appendix F) from the victim(s) and/or witnesses on misdemeanor and felony offenses. (A GIU Detective will follow up and obtain sworn recorded statements on felony offenses.) 10. The officer will provide the Records Section with the original copy of the arrest affidavit, written complaint affidavit (see Appendix F), FCIC/NCIC wanted person entry form (see Appendix G), BSO Warrant Tracking/UCR clearance form (see Appendix H) and Hollywood arrest checklist (see Appendix I) by the end of shift. 11. Juvenile not-in-custody arrest affidavits do not require completing and including the BSO warrant tracking/UCR clearance form (Appendix H) and the FCIC/NCIC wanted person entry form (Appendix G). 12. A second hard copy of the not-in-custody arrest affidavit will be maintained in a file within the Shift Lieutenant’s Office. 13. The officer will complete a Domestic Violence Audio Evidence Request Form (see Appendix J) and email it to [email protected] NOTE: The Officer must request two (2) copies of the 911 recording on the request form emailed. (See Section VIII. B. Evidence ) When Case Filing receives the audio recordings, one (1) copy will be sent to the SAO's Domestic Violence Case Filing Division. The additional copy will be placed in the requesting officer’s mailbox and put into property by the officer. (The aforementioned procedure applies to not- in-custody domestic violence incidents only; there is a separate procedure for general audio requests). Reminder: Retention periods follow Florida State Statute of (30) days; therefore, all audio requests will be made on the day of the incident. 14. Complete a Field Report on a “priority” basis. 15. Once an arrest is made based upon probable cause from an existing not-in-custody affidavit, it will be the responsibility of the arresting officer to notify their supervisor. The Officer will also have the “CAD Premise Flag Entry Request” removed from the residence by emailing [email protected] with the subject line of FORWARD TO OCT with the address and specific details to be removed from CAD. 16. The arresting officer will complete a supplemental report when making an arrest based upon probable cause established from a Domestic Violence Not-In-Custody Arrest Affidavit. NOTE: Once a capias/warrant has been issued and the arrest is based upon a warrant number, the officer is no longer required to complete a supplemental report under the original case number related to the DVNIC Arrest Affidavit. 17. A (Domestic Violence) Not-In-Custody (DVNIC) log will be maintained by the Criminal Investigation Division’s Criminal Intelligence Analyst. (This information will be collected from the Daily Shift Commanders Log and the RMS arrest module). 18. When the CID Crime Analyst enters a subject in the DVNIC log, they will create a Wanted Persons/BOLO Flyer to be disseminated department-wide. 19. The Domestic Violence Not-In-Custody log (DVNIC) will be maintained on the S:/Drive, in the Laptop Docs folder, under the domestic violence initiative folder. The file will be accessible by all department members in a read-only format (editing rights will be provided to program administrators). SOP 250 Domestic & Dating Violence Investigations Page 7 of 17 20. In addition, Teletype will have access to the DVNIC log; when an officer makes contact with a subject from a DV flyer, teletype will check the DVNIC log in addition to conducting a QRU query through NCIC/FCIC. This will ensure that a subject previously arrested for a DV wanted persons flyer and intermittent to NCIC/FCIC capias removal is not re-arrested for the same case. (Officers must use due diligence when conducting investigatory detentions of subjects believed to be wanted based upon DV wanted flyers from not-in-custody arrest affidavits due to the legal process and multiple agencies’ involvement prior to the issuance of a capias. 21. The CID Crime Analyst will check the status of outstanding not-in-custody arrests daily (BSO Leads and the RMS/OSSI arrest module) to determine if a wanted subject was arrested. This is done so the State Attorney’s Offices Filing Division can be contacted, and the request for the capias can be canceled. 22. Immediately upon receiving written notification from the Broward County State Attorney’s Office that the not-in-custody arrest affidavit has been filed and a capias has been issued or that the case has been declined, the CID analyst will remove the not-in-custody hard copy from the file maintained in the patrol shift lieutenant’s office. (This will ensure a hard copy arrest affidavit is not used to duplicate an arrest once a capias is issued). Arrests of DVNIC suspects will be made utilizing a warrant and warrant confirmation number at this point in lieu of the original Hollywood case number. 23. The CID analyst will cross reference all declined domestic violence cases with the DVNIC log to seek possible resubmission to the Domestic Violence Case Filing Unit at the State Attorney’s Office. IV. DUAL ARRESTS When complaints are received from two or more parties, the officer shall evaluate each complaint separately to determine whether probable cause to arrest exists. According to 741.29 f.s., if a law enforcement officer 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 officer, the officer will try to determine who the primary aggressor was. An 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 oneself or another family or household member from domestic violence. (Follow the criteria outlined in the section titled “On Scene Investigation (Section II B. 5) to determine the primary aggressor). A. Primary Aggressor: Should the primary aggressor allege that they were also a victim of domestic/dating violence, it is imperative that the Officer thoroughly investigate the allegation to determine whether it was an act of self-defense or an act of aggression. B. Separate Act of Aggression: If it was a separate act of aggression, then the Officer will make an arrest or file a request for prosecution on the secondary aggressor. C. Acts of Self-Defense: If the Officer concludes that it was an act of self-defense, the secondary aggressor will not be arrested. The facts supporting each arrest must be clearly documented if dual arrests are made. V. VICTIM SUPPORT SERVICES The Officer will attempt to identify and use resources to assist in interactions with non-English speaking citizens. However, the Officer should avoid using friends, family, or neighbors as the primary interpreter for the investigation. A. Supportive Measures: The Officer will attempt to gain the victim’s trust and confidence by showing understanding, patience, and respect for personal dignity and using language appropriate for the victim's age, educational level, and emotional condition. SOP 250 Domestic & Dating Violence Investigations Page 8 of 17 B. Mandatory Requirements and Referrals: In accordance with 741.29 f.s. and 784.046 f.s., the Officer must: 1. Assist the victim in obtaining any needed medical treatment. 2. Inform the victim of the availability of a certified domestic violence center, and; 3. Per the 741.29 f.s., the victim will immediately be provided with a copy of the Legal Rights and Remedies Notice (Domestic/Dating Violence) brochure. The brochure is published in English (see Appendix A) and Spanish (see Appendix B) and is available in the Storeroom. C. Informing the Victim: Officers should do the following to keep the victim informed: 1. Provide the victim with information regarding the acquisition of Injunctions. A form entitled, How to Obtain a Temporary Injunction for Protection against Domestic/Dating Repeat Violence is available in the Storeroom (see Appendix D). 2. Advise the victim that the Incident Report will be sent to Women in Distress. 3. Advise the victim of what to expect about the processing of the case through the system, including an assessment of the probability that the accused may be in custody for only a short period of time. 4. Ask the victim if he wants to be notified of the suspect’s release from jail. 5. Tell the victim that domestic/dating violence is a crime and that the sole responsibility for deciding whether charges are filed is with the State and not the victim. 6. If an arrest is made, inform the victim of the reasons and his options independent of Law Enforcement, and 7. Advise the victim to notify the Agency of any additional incidents or new information. 8. Advise the victim of the Police Department’s Victim Advocate Program. D. Departing the Scene: The Officer 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 Officer should remain at the scene for a reasonable period while the victim gathers necessities for a short absence from home. The Officer should obtain a temporary address and phone number for the victim. E. Transporting the Victim to a Shelter: If the victim requests to go to a shelter, he will be referred to Women in Distress. The Officer will arrange for or provide transportation to the shelter if the victim is approved for shelter intake or arrange for or provide transportation to an alternative location of the victim’s choice. Additional steps may include, but are not limited to: 1. Contacting the Women in Distress hotline at: (954-761-1133) 2. Contacting the Police Department’s Victim Advocates at: (954-967-4411) “Officers will ensure the confidentiality of all information about the location of domestic violence centers and facilities by excluding such information from all reports and/or probable cause affidavits, outlined under 39.908 f.s.” F. Justice Center: Officers are advised not to bring victims directly to the Justice Center, which is a therapy-based facility located in the City of Hollywood. All victims must be accepted into a Woman in Distress facility before receiving an appointment at the Justice Center. SOP 250 Domestic & Dating Violence Investigations Page 9 of 17 Additionally, the Justice Center does not provide victims access or transportation to shelters. Officers can complete a “Women in Distress Community Referral” form reference: (Talk- Therapy). (see Appendix L). VI. CARE OF CHILDREN A. Child Abuse Situations: In child abuse situations, the Officer is required to call the Abuse Registry (1-800-96-ABUSE). B. If a Parent or Guardian is Arrested or Hospitalized: If, as a result of arrest and/or hospitalization, there is no parent, legal guardian, or relative to either care for the children or direct the Officer to the appropriate temporary placement of the children, the Officer should contact the Abuse Registry to determine placement. The Officer should indicate in the report the identity and address of the person taking custody of the children. VII. CARE OF DEPENDENT ADULTS When an elderly or disabled adult is either a victim of violence or reliant on the victim or suspect who can no longer provide care, the Officer should make appropriate arrangements for the person’s care. In the case of abuse, the Officer will call the Abuse Registry (1-800-96-ABUSE). VIII. REPORTING REQUIREMENTS A. Field Reports: The Field Report prepared by the Officer should include, but not be limited to: 1. Information provided by Regional Communications personnel (prior to the end of the shift, request a copy of the 911 audio recording and place it in evidence). 2. Descriptive information regarding the victim and suspect, including the demeanor of each. 3. Written and oral statements obtained from the victim, suspect, and any witnesses, including excited utterances and their approximate time frame. 4. A description of observed injuries, medical treatment rendered, and a statement about whether medical treatment was refused. 5. The names of any health care providers, including Fire-Rescue personnel. 6. A description of all other physical evidence, including photographs taken. 7. A list of indicators of threats to the victim and child safety (e.g., use of threats made, including the history of abuse, the killing of pets, use of substances, and other unusual behavior). 8. Information regarding whether children were present and how they were cared for. 9. A statement regarding any special needs, including language barriers or disabilities of the parties involved. 10. An indication that the victim received the Legal Rights and Remedies (Domestic/Dating Violence) brochure (see Appendix A and B). 11. If no arrest was made, an indication that the Officer advised the victim why an arrest was not made. 12. Any information that may be relevant to the assessment of the bond and, 13. The name and phone number of a person who can contact the victim. 14. If an arrest was made, indicate the arrestee was given a “C” List Letter. B. Evidence: 1. A copy of the original complaint affidavit document is evidence and will be submitted to the Property and Evidence Unit in accordance with departmental procedures. SOP 250 Domestic & Dating Violence Investigations Page 10 of 17 2. Once Case Filing receives the 911 audio recordings from Regional Communications, one (1) copy will be sent to the SAO's Domestic Violence Case Filing Division. The additional copy will be placed in the requesting officer’s mailbox and then put into property by the officer. (NOTE: The aforementioned procedure applies to not-in-custody domestic violence incidents only; there is a separate procedure for general audio requests). Reminder: Retention periods follow Florida State Statute of 30 days; therefore, all audio requests will be made on the day of the incident. 3. Officers and Supervisors are reminded that these 911 audio recordings are of evidentiary importance and will not be discarded or left unattended in a Member’s mailbox. C. Report Forwarding to Women in Distress: 1. As mandated in 741.29(2)(c)f.s., all reports of Domestic/Dating Violence must be forwarded to a locally certified Domestic Violence Center within (24) hours of the occurrence. The current locally certified Domestic Violence Center is Women in Distress. 2. The GIU Sergeants are responsible for ensuring all Domestic/Dating Violence Reports are sent to Women in Distress within (24) hours. The CID Victim Advocates will complete this action. IX. FOLLOW-UP INVESTIGATION A. In Cases of Misdemeanor Arrest(s): During instances where a misdemeanor arrest has occurred: 1. The assigned Officer will obtain a recorded or written statement (See Appendix F: Complainant Affidavit) from the victim (see Appendix E: Domestic/Dating Violence Victim Statement Format). 2. The following procedures will be followed in cases where handwritten statements are taken, utilizing a Complainant Affidavit form: a. When a suspect or defendant submits a handwritten statement, the time and date the statement was completed will be noted, notarized, or witnessed if possible. b. The written statement will be signed by the suspect and witnessed by the interviewer. c. The interviewer will read and initial each page of the written statement. d. Photocopies of the written statement will be made and included in the case file. e. A copy of the original document complaint affidavits and written statements are evidence and will be submitted to the Property & Evidence Unit in accordance with departmental procedures. 3. The Officer will place all evidentiary items into Property & Evidence. 4. GIU will ensure that each case is thoroughly investigated, provide additional reports if required, and refer their findings to the State Attorney's Office. B. In Cases of Felony Arrest(s): In all domestic/dating violence instances where a felony (in custody or not in custody) arrest has been made, a GIU Detective will respond if the victim is willing to provide a statement. 1. If a Detective is not available, the assigned Officer will obtain the victim’s statement (see Appendix E: Domestic/Dating Violence Victim Statement Format). 2. GIU Unit will: a. Conduct a follow-up investigation. b. Obtain statements from the victim and witnesses at the time of the incident. c. Prepare additional reports, if necessary. d. Assure the case is referred to the State Attorney’s Office for review and case filing. 3. In cases where a Domestic/Dating Violence Injunction has been issued, but there has not been an arrest. SOP 250 Domestic & Dating Violence Investigations Page 11 of 17 a. It is the responsibility of the Clerk of the Court or Central Intake Office's responsibility to assist petitioners in preparing affidavits to support the violation of injunctions where there has not been an arrest. b. When such an affidavit has been prepared, it will be immediately forwarded by the Clerk of the Court or Central Intake Office to the State Attorney's Office. c. If the affidavit alleges a crime has been committed, the Clerk of the Court or Central Intake Office assisting the petitioner will also forward a copy of the petitioner's affidavit to the Criminal Investigations Division for investigation. d. No later than (20) days after receiving the affidavit and/or other supporting documentation, the Criminal Investigations Division will complete its investigation and forward a report to the State Attorney's Office. X. DOMESTIC/DATING VIOLENCE / REPEAT VIOLENCE INJUNCTION VIOLATIONS This policy applies to both Temporary and Final Domestic/Dating Violence Injunctions and Repeat Violence Injunctions that result from a domestic/dating violence situation. A. Probable Cause Arrest: Upon determination of probable cause, an Officer may make a physical arrest of the respondent if he willfully and knowingly violates a term of the Injunction by: 1. Refusing to vacate the shared premises within the time limits stated on the Injunction. 2. Going to the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and/or any named family or household member. 3. Committing an act of domestic/dating violence against the petitioner. 4. Committing any other violation of the Injunction through an intentional unlawful threat, word, or act to do violence to the petitioner, or 5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly unless the Injunction specifically allows indirect contact through a third party. B. Arrest for Violating the Terms of the Injunction: An Officer should make an arrest or complete an out-custody probable cause affidavit for a criminal violation of the term of an Injunction pursuant to 741.30 f.s. (Domestic Violence Injunctions), 784.046 f.s. (Repeat Violence Injunctions) & (Dating Violence Injunctions). An Officer should not base his decision to arrest on his perception of the prosecutor’s ability to prosecute the case, as this is a Court Order not subject to the Officer’s interpretation. C. Enforceability of Injunctions: 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 that a respondent has been properly served the injunction prior to arresting him for violating it. Verify that the respondent was served by contacting BSO Domestic Violence Control Section. D. Recognition of Foreign Protection Orders: Protection Orders issued in other States are enforceable in Florida by local Law Enforcement Agencies without being registered or recorded in this State, except in matters related to child custody, visitation, and support. As to those provisions only, enforcement may be obtained upon domestication of the foreign order pursuant to ss. 55.501-55.509 unless the foreign order is a “pickup order” or “order of bodily attachment” requiring the immediate return of a child. 741.315(4)(a)f.s. SOP 250 Domestic & Dating Violence Investigations Page 12 of 17 1. Before enforcing a foreign protection order, a law enforcement officer should confirm the identity of the parties present and review the order to determine that, on its face, it has not expired. Presentation of a certified or true copy of the protection order shall not be required as a condition of enforcement, provided that a conflicting certified copy is not presented by the respondent or the individual against whom enforcement is sought. 741.315(4)(a)f.s. 2. A law enforcement officer acting in good faith under this section and the officer’s employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer’s or agency’s actions in carrying out the provisions of this section. 741.315-2(f)f.s. 3. Officers will ensure they contact the court, county, or agency in which the order was granted and provide proof of service indicating the order was served. The Records Section will file the original Proof of Service Form, along with the Hollywood Police Report, when received. A Hollywood Police Report number will be included on the Proof of Service Form. (see section XIII. A. 4.) for incident report requirements. XI. ARREST WITHOUT A WARRANT FOR VIOLATIONS OF AN INJUNCTION FOR PROTECTION AGAINST DOMESTIC/DATING OR REPEAT VIOLENCE A. Arrest: 1. If a respondent has been served with a copy of the Injunction, Officers may arrest without a warrant when there is probable cause to believe that the person has knowingly committed an act in violation of an Injunction for Protection Against Domestic Violence 741.31 f.s. or Repeat Violence 784.046 f.s., which creates a threat of imminent danger to the petitioner or household members, over the objection of the petitioner, if necessary 901.15 f.s. This presumes the respondent is at the scene, or is located in near proximity to the occurrence and within a reasonable period of time. B. Charges: Respondents arrested will be charged with the following: 1. Violation of an Injunction against Domestic Violence 741.31 f.s. 2. Violation of an Injunction against Dating Violence 784.046 f.s. 3. Violation of an Injunction against Repeat Violence 784.046 f.s. C. Good Faith Immunity for Law Enforcement Officers: A Law Enforcement Officer who acts in good faith, in any civil action, will not be held liable for an arrest based upon probable cause, enforcement in good faith of a Court Order, or service of process in good faith arising from an alleged incident of domestic/dating violence brought by a party to the incident 741.29 f.s. A Law Enforcement Officer who acts in good faith and exercises due care in making an arrest is immune from civil liability that otherwise might result by reason of his/her action 901.15(7) f.s. XII. WHEN IT IS APPROPRIATE NOT TO ARREST SOMEONE FOR VIOLATION OF INJUNCTIONS In some cases of violation of Injunction/Restraining Orders and/or domestic/dating violence, extenuating circumstances may exist where an arrest without a warrant would not be reasonable. In such cases, Officers should not make an arrest and will clearly indicate on the Incident Report the valid reasons for not arresting the alleged perpetrator. A Supervisor should be consulted with the Legal Advisor, if available, for recommendations. XIII. SERVING DOMESTIC/DATING VIOLENCE INJUNCTIONS AND RESTRAINING ORDERS Members that receive a certified copy of a Domestic/Dating Violence Injunction or Restraining Order from the Courts or the public will serve them. A. Service of Protection Orders: Officers may serve a certified copy of the Domestic/Dating Violence and/or Repeat Violence Injunction on the respondent when the respondent is on scene. SOP 250 Domestic & Dating Violence Investigations Page 13 of 17 1. The top page of the package will have a Proof of Service Form identifying the petitioner and the respondent. The back of the Proof of Service Form has a detailed outline of instructions for the Officer to properly handle and service the injunction, including “drop service.” 2. B.S.O. must be notified via telephone or teletype within (30) minutes of service of the Injunction or Restraining Order. 3. The Officer is responsible for ensuring the Proof of Service Form is faxed within two hours of service as instructed on the reverse side of the form. 4. The Records Section will file the original Proof of Service Form, along with the Hollywood Police Report, when received. A Hollywood Police Report number will be included on the Proof of Service Form. The Officers Incident report narrative should include the following information: a. Date and time served or attempted; b. Type of legal process (civil or criminal); c. Nature of document; d. Source of the document; e. Name of Officer serving the Injunction; f. Reason for non-service, if applicable; g. Date of assignment; h. Court docket number; i. Date service due; j. Method of service; k. Location of service or attempted service; and l. Names of persons involved; X. DOMESTIC/DATING VIOLENCE OR DOMESTIC INCIDENTS INVOLVING LAW ENFORCEMENT OFFICERS A. Allegations of Domestic/Dating Violence or Domestic Incidents Involving Hollywood Police Officers occurring in the City of Hollywood: In any incident where an Officer responds to allegations of domestic/dating violence or a domestic disturbance occurring in the City of Hollywood involving a sworn Member of the Hollywood Police Department, the following procedures will apply: 1. The responding Officer will conduct a preliminary investigation. 2. The responding Officer will immediately summon a Supervisor to the scene. 3. The responding Supervisor will notify the Shift Lieutenant, Internal Affairs Unit, and the GIU Lieutenant. 4. The Shift Lieutenant will notify the Staff Duty Officer, who will coordinate the investigation. The Staff Duty Officer will make the appropriate Staff notifications. 5. The GIU Lieutenant will notify a GIU Detective to respond to the scene to assume investigative responsibility for the case. 6. The GIU Detective will coordinate all formal statements from witnesses, victims, and the sworn Member. 7. If probable cause exists, an arrest should be made. 8. Department policy regarding an Officer’s possession of weapons while under a final order of Injunction or following his conviction for domestic/dating violence will be consistent with State and Federal Laws. 9. Any Officer, who witnesses or otherwise responds to a domestic/dating violence incident involving another Officer in the Department, must report that incident to a Supervisor. SOP 250 Domestic & Dating Violence Investigations Page 14 of 17 B. Allegations of Domestic/Dating Violence or Domestic Incident Involving a Hollywood Police Officer occurring Outside the City of Hollywood: In any incident where the Hollywood Police Department is made aware of allegations of domestic/dating violence or a domestic incident involving a Sworn Member of the Hollywood Police Department occurring outside the City of Hollywood, the following procedures will apply: 1. The Member receiving the information will immediately notify the Shift Lieutenant. 2. The Shift Lieutenant will notify the following: a. Internal Affairs Unit: Responsible for obtaining all reports and information from the Investigating Agency. b. Staff Duty Officer: Will make the appropriate Staff notifications and determine the appropriate Hollywood Police Department response. 3. Members arrested, under criminal investigation, or served with a Restraining Order or Injunction by another Agency will notify the Police Chief’s Office immediately of such investigation, arrest, or service. (see SOP 104.1 Complaint Process, section III. D. Arrests, Investigations or Court Orders Served on Department Members by Another Agency). C. Allegations of Domestic/Dating Violence or Domestic Incident Involving Officers from another Agency: In any incident where an Officer responds to allegations of domestic/dating violence or domestic incident and finds the alleged offender or victim is a Law Enforcement Officer from another Agency, the following procedures will be followed: 1. The responding Officer will request a Supervisor to respond to the scene. 2. The responding Supervisor, pending the investigation, will then secure the involved parties. 3. The Supervisor will contact the Officer’s Agency and request a Supervisor from that Agency to respond. 4. If it appears that an arrest will be made, a GIU Detective will respond and assume the investigation. D. Injunctions Served at the Police Department: If a Member is to be served an Injunction at the Police Department, the official intending to serve the Injunction will be directed to the Member’s Division Major. 1. A copy of the Injunction to be served will be provided to the Division Major. 2. The Division Major will review the Affidavit for Injunction and will notify the Chief of Police to determine if an immediate investigation is warranted. The Division Major will notify the Member’s Supervisor in a timely manner. 3. In cases involving the service of a Permanent Injunction against a Member, the Legal Advisor will be consulted, and the Division Major will ensure compliance with 18 USC 922(g)(8) in relation to the Member’s assigned duties within the Agency if those duties involve possession and/or transportation of firearms. 4. The Member will be required to ensure immediate notification via the Chain of Command prior to the next tour of duty. XI. ALLEGATIONS OF DOMESTIC/DATING VIOLENCE OR DOMESTIC INCIDENTS INVOLVING CITY OF HOLLYWOOD EMPLOYEES. A. Allegations of Domestic/Dating Violence or Domestic Incidents Involving City of Hollywood Employees occurring in the City of Hollywood: In any incident where an Officer responds to allegations of domestic/dating violence or a domestic disturbance occurring in the City of Hollywood involving a City of Hollywood Employee, the following procedures will apply: 1. The responding Officer will conduct a preliminary investigation. 2. The responding Officer will immediately summon a Supervisor to the scene. SOP 250 Domestic & Dating Violence Investigations Page 15 of 17 3. The responding Supervisor will notify the Shift Lieutenant, Internal Affairs Unit, and the GIU Lieutenant. 4. The Shift Lieutenant will notify the Staff Duty Officer, who will coordinate the investigation. The Staff Duty Officer will make the appropriate Staff notifications. 5. The GIU Lieutenant will notify a GIU Detective to respond to the scene to assume investigative responsibility for the case. 6. The GIU Detective will coordinate all formal statements from witnesses, victims, and the sworn Member. 7. If probable cause exists, an arrest should be made. XII. DEFINITIONS: A. 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 will be determined based on the consideration of the following factors: 1. The dating relationship must have existed within the past six months. 2. The dating relationship must be characterized by the expectation of affection or sexual involvement between the parties. 3. The type of dating relationship is one that can be described as a continuous dating relationship during the course of contact between the parties. Dating Violence does not include casual acquaintanceships or relationships of ordinary fraternization in a business or social context. Dating Violence does not require that the parties at some time during their relationship live under the same roof or within the same household. B. DOMESTIC DISTURBANCE: The interruption of the peace, quiet and good order of one family or household member by another. C. 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. D. DOMESTIC VIOLENCE CENTER: A facility that provides services to victims of domestic violence and is certified by the State of Florida. Women in Distress of Broward County is the ONLY certified domestic violence center in Broward County. E. FAMILY OR HOUSEHOLD MEMBERS: 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 or have in the past resided together in the same single dwelling unit. F. INJUNCTION FOR PROTECTION AGAINST DOMESTIC/DATING VIOLENCE OR REPEAT VIOLENCE: A Temporary Injunction (valid up to 15 days unless extended) or a Final Injunction (valid up to one year unless extended) against domestic/dating or repeat violence which prohibits the respondent from engaging in certain behavior. SOP 250 Domestic & Dating Violence Investigations Page 16 of 17 G. PETITIONER: The person who petitions for or who obtains an Injunction. H. REPEAT VIOLENCE: Two or more incidents of violence or stalking committed by the respondent, one of which must have been within six (6) months of the filing of the petition, and which are directed against the petitioner or the petitioners immediate family member. I. RESPONDENT: The person whose conduct is prescribed in the Injunction. ATTACHMENTS: Appendix A: Legal Rights and Remedies Brochure (English version) Appendix B: Legal Rights and Remedies Brochure (Spanish version) Appendix C: Victim’s Rights Information Brochure Appendix D: How to Obtain a Temporary Injunction Instructional Form. Appendix E: Domestic/Dating Violence Victim Statement Format. Appendix F: Complaint Affidavit Appendix G: FCIC/NCIC Entry Form Appendix H: BSO Warrant/UCR Tracking Form Appendix I: Hollywood Arrest Checklist Appendix J: Domestic Violence Audio Evidence Request Form Appendix K: CAD Premise Flag Entry Request Form Appendix L: Women in Distress Community Referral Form Appendix M: Domestic Violence Offender Focused Program Brochure SOP 250 Domestic & Dating Violence Investigations Page 17 of 17 WHAT IS DOMESTIC VIOLENCE? WHAT IS DATING VIOLENCE? WHAT DOES THE LAW MEAN? HOW CAN THE LAW HELP ME? Under the provisions of Section 741.28 of the Under the provisions of Section 784.046 of the You have the right to ask the State Attorney to file If you have been a victim of domestic violence, Florida Statutes, domestic violence means any Florida Statutes, dating violence is violence a criminal complaint, and you have the right to repeat violence, dating violence, sexual violence, assault, aggravated assault, battery, aggravated between individuals who have or have had a go to court and file a petition requesting an stalking, or if you are afraid that you will be hurt, battery, sexual assault, sexual battery, stalking, continuing and significant relationship of a injunction for protection against domestic Florida’s domestic violence law enables you to aggravated stalking, kidnapping, false romantic or intimate nature. The existence of violence, repeat violence, dating violence, work with the court system to help keep you safe. imprisonment, or any criminal offense resulting in such a relationship shall be determined based on sexual violence, or stalking if you are Contact your local domestic violence center for physical injury or death of one family or the consideration of the following factors: safety planning prior to filing for an injunction. The household member by another family or  The victim of domestic violence, repeat Clerk of the Court is required to assist you in seeking household member. A family or household  A dating relationship must have existed within violence, dating violence, sexual violence, or both injunctions for protection and enforcement members are spouses, former spouses, persons the past 6 months; stalking for a violation of an injunction. Representation by related by blood or marriage, persons who are an attorney is not required of either party as per presently residing together as if a family or who  The nature of the relationship must have been  The parent of any minor child living at home Section 741.30(1)(f) of the Florida Statutes. Go to have resided together in the past as if a family, characterized by the expectation of affection or who is seeking an injunction for protection the Clerk of the Court’s Office in your county and persons who are parents of a child in sexual involvement between the parties; and against domestic violence, repeat violence, courthouse. common regardless of whether they have been dating violence, sexual violence, or stalking OR  Bring identification. married. With the exception of persons who have  The frequency and type of interaction a child in common, the family or household between the persons involved in the relationship  If you have reasonable cause to believe, you  Bring information about where the abuser can members must be currently residing or have in must have included that the persons have been or your minor child is in imminent danger of be located. the past resided together in the same single involved over time and on a continuous basis becoming the victim of any act of domestic dwelling unit.  Bring any other information on the abuser, such during the course of the relationship. violence. as photos or identification. Domestic Violence includes: The term does not include violence in a casual This may include, but need not be limited to  Bring any papers relating to your case. Physical Abuse—Pushing, slapping, kicking, acquaintanceship or violence between provisions that  Tell the clerk that you are interested in filing a punching, choking, and beating individuals who only have engaged in ordinary petition for injunction for protection against Emotional/Verbal Abuse—Verbal intimidation, fraternization in a business or social context.  Direct the abuser to leave your household domestic violence, repeat violence, dating credible threats, following and stalking, acting violence, or sexual violence. out in anger  Restrain the abuser from any contact or further Sexual Abuse or Battery—Any unwanted WHAT IS REPEAT VIOLENCE? acts of abuse as a “no contact” condition of  The court clerk will help you in filing the proper touching or forcing of someone to engage in a pretrial release, which will prevent the abuser paperwork. By filling out these forms, you will be sexual act against his or her will Under the provisions of Section 784.046 of the from being within 500 feet of your residence, explaining to the judge exactly what type of Florida Statutes, repeat violence means two vehicle, school, business, or place of protection you need and from whom you need WHAT IS SEXUAL VIOLENCE? incidents of violence or stalking one of which employment protection. must have been within 6 months of filing a  After you have completed the paperwork, the Under the provisions of Section 784.046 of the petition and must have been directed against  Award you custody of your minor child or court may determine that danger of domestic Florida Statutes, sexual violence is one incident of the petitioner or the petitioner’s immediate family children violence exists. The court may order a temporary  Sexual battery, as defined in chapter 794; member. injunction, which is good for 15 days. Then a full  A lewd or lascivious act, as defined in chapter  Direct the abuser to pay support to you and hearing is held to consider your safety and the 800, committed upon or in the presence of a WHAT IS STALKING? the minor child or children if the abuser has a safety of your children. person younger than 16 years of age; legal obligation to do so  The abuser must be served with the injunction  Luring or enticing a child, as described in  Under the provisions of Section 784.048 of the before it becomes effective. The injunction will tell For safety reasons, you may furnish your address chapter 787; Florida Statutes, stalking occurs when a person the abuser what the judge requires and when to to the court in a separate confidential filing when willfully, maliciously, and repeatedly follows, return to court for a hearing. This hearing will be  Sexual performance by a child, as described in filing the petition for injunction. harass, or cyber stalks another person. within 15 days unless the abuser cannot be served. chapter 827; or Aggravated stalking occurs when that person You are not required to remain in a residence or  You are able to request notification of service of Any other forcible felony wherein a sexual act is makes a credible threat to that person through household where you are a victim of domestic the injunction and receive notice automatically committed or attempted, regardless of whether stalking. violence. Your address may be different from within 12 hours after the injunction is served. criminal charges based on the incident were that of your partner without penalty. filed, reduced, or dismissed by the state attorney. (**English**) Revised 250 Appendix A  It is important for you to attend the hearing so that you can make sure the judge understands EXEMPTION FROM WHOM SHOULD I TALK TO FOR Notice of Legal exactly what help you need and why. If you do PUBLIC INSPECTION not attend, usually the judge will end the MORE INFORMATION? Rights and Remedies injunction. Under the provisions of Section 119.071(2)(j)1. of the Florida Statutes any information which reveals the home or Hollywood Police Department 954-967-4411 for Victims of  After the hearing, a final injunction may be employment telephone number, home or employment Victim Advocate granted. The final injunction is valid until address, or personal assets of a person who has been the National Child Abuse Hotline 1-800-422-4453 1-800-799-7233 Domestic Violence, dissolved or amended by the court. victim of sexual battery, aggravated child abuse, National Domestic Violence Hotline National Teen Dating Abuse Hotline 1-866-331-9474 aggravated stalking, harassment, aggravated battery, or Dating Violence, WHAT DO I DO IF THE ABUSER domestic violence is exempt from public inspection and examination. Florida Domestic Violence Hotline Florida Abuse Hotline 1-800-500-1119 1-800-962-2873 VIOLATES THE INJUNCTION? You must make a written request and provide official State Attorney’s Office Repeat Violence, Victim Advocate Unit 954-765-4133 verification, such as a law enforcement report, to the You will receive a copy of the injunction. Keep it custodian of the records that an applicable crime has Domestic Violence Unit Family Court Service 954-831-7978 954-831-8532 Sexual Violence, with you at all times. occurred. Such information shall remain exempt for 5 years, West Satellite Courthouse 954-831-5612  If the abuser violates the conditions of an after which it will become available to the public. Women in Distress 954-760-9800 Stalking injunction, call the police right away. 24 Hour Hotline for Shelter and After Hours Restraining Orders 954-761-1133  The abuser may be arrested. Procedure for Obtaining an Injunction Legal Aid Broward 954-765-8950  If the abuser is arrested, he/she will be held for Protection against Domestic Victim Notification 954-321-4135 Broward County Jail 954-831-5900 until the court determines bail. Violence, Dating Violence, Repeat BSO Civil Division 954-831-8787  The judge will consider your safety and the Violence, or Stalking First Call for Help 211 safety of your children. Counseling Services If you are using the main courthouse, you will need to Women in Distress 954-760-9800  You may go to court if you wish. obtain a packet from Room 02140 in the Nova 954-262-5730  The court may order penalties as allowed by Broward County Courthouse, 201 S.E. 6th Street, Ft. Fifth Street Counseling 954-797-5222 law. Lauderdale, Florida. Hours are Monday through Friday 8:30 a.m. until 5:00 p.m. Photo ID is required. If you need 24-hour Emergency Shelters If the injunction has been violated, report the Parking will be validated for those filing injunctions violation to the Clerk of the Circuit Court only if for protection (restraining orders) at the Broward County law enforcement states it cannot issue an arrest Women in Distress 954-760-9800 Fort Lauderdale Central Courthouse. To obtain warrant, or issue a notice to appear because validation, you must park in the East parking there is no criminal violation. Report the violation garage Jury section located at 540 S.E. 3rd Avenue. Dade County in the county where the violation occurred and Safesapce 305-758-2546 complete an affidavit in support of the violation. Restraining orders can now be obtained at the West The judge will determine what action should be Satellite Courthouse located at 100 North Pine Island Palm Beach County 561-265-2900 taken for your safety and the safety of your AVDA (Aide to Victims of Domestc Assault Road Room #180, Plantation, Florida. In order to file, Delray Beach Domestic Shelter West palm Beach Officer ________________________________________ children. Under the provisions of Section the petitioner must be there between the hours of 741.315(2), Florida Statutes, if you have an out of 8:00 a.m. until 2:00 p.m. The petitioner may pick their According to Florida Statute §741.29—“IF YOU ARE THE Case Number _________________________________ state court order for protection against orders up until 4:30 p.m. After these hours, you must VICTIM OF DOMESTIC VIOLENCE, you may ask the state domestic violence, federal and state law file or pickup injunctions at the main courthouse. attorney to file a criminal complaint. You also have the provides that law enforcement recognize and right to go to court and file a petition requesting an Hollywood Police Department act on the protections in the order as if issued by The order does not become valid until it is served to injunction for protection from domestic violence which 3250 Hollywood Blvd. a Florida court, as long as the issuing court gave the respondent. Therefore, you need to provide an may include, but need not be limited to, provisions which Holllywood, FL 33021 the accused the opportunity for a hearing address where the respondent is living. You can restrain the abuser from further acts of abuse; direct the before issuing the order. This includes orders contact the Civil Division of the Broward Sheriff’s abuser to leave your household; prevent the abuser from Emergency: 911 issued by courts from the District of Columbia, entering your residence, school, business, or place of Non-Emergency: (954) 764-4357 Office at (954) 831-8787 to determine if the order employment; award you custody of your minor child or Victim Advocate: (954) 967-4411 Indian tribes, commonwealth territories, or has been served. You are also able to request children; and direct the abuser to pay support to you and possessions of the United States. notification of service of the injunction. the minor children if the abuser has a legal obligation to do so.” (**English**) Revised 07/23 250 Appendix A ¿QUE ES LA VIOLENCIA DOMESTICA? ¿QUÉ ES VIOLENCIA EN EL NOVIAZGO? ¿QUE SIGNIFICA LA LEY? ¿COMO ME PUEDE AYUDAR LA LEY? Bajo la provisión de la sección 741.28 de la ley de Bajo la provisión de la sección 784.046 de la ley Usted tiene el derecho de poner una denuncia Si usted es víctima de violencia domestica, la Florida, la violencia domestica es cualquier de la Florida, violencia en el noviazgo es con el Procurador del Estado, e ir a la corte y violencia repetida, violencia entre novios, violencia tipo de ataque, agresión, ataque sexual, violencia entre parejas que han tenido una pedir una orden de protección contra la sexual, acecho, o si usted tiene miedo de ser agresión sexual, persecución, secuestro, relación continua y significativa de índole violencia domestica, violencia repetida, lastimada, la ley de la Florida contra la violencia encarcelamiento falso, o cualquier tipo de romántica o íntima. La existencia de dicha violencia entre novios, violencia sexual, o el domestica le permite trabajar con el sistema de ofensa criminal que resulte en daño físico o relación será determinada basado en los acecho si usted es corte para mantenerla segura. Comuníquese con muerte de una familia o de algún miembro de siguientes factores: su centro local de violencia domestica para  La víctima de violencia domestica, violencia planear antes de aplicar por una orden de familia por otra familia u otro miembro de familia.  Una relación de noviazgo debe de haber repetida, violencia entre novios, violencia sexual, protección. El secretario de la corte tiene la Una familia o miembro de familia son los esposos, existido en los últimos 6 meses; o acecho, obligación de ayudarla a tramitar las órdenes de ex-esposos, personas relacionadas por sangre o protección y enforzamiento de la violación de una por matrimonio, personas que están  La relación debe de haber sido de índole  El padre/madre del menor que está viviendo orden. No necesita tener un abogado para hacer actualmente viviendo juntas como una familia o afectuosa o sexual entre la pareja; y en la casa y quien pide una orden de estos trámites como lo dice la sección 741.30(1)(f) quienes han vivido juntas en el pasado como protección contra la violencia repetida, de la ley de la Florida. Vaya a la oficina del  Las personas en esta relación deberían de familia, y personas que tienen un hijo en común violencia entre novios, violencia sexual, acecho, secretario de la corte en su condado. haber estado en frecuente comunicación y la sin importar que estén casadas. Con la O relación debe de haber sido continua por cierto  Traiga su tarjeta de identificación. excepción de las personas que tienen un hijo tiempo.  Si usted tiene razones para creer que usted o juntos, la familia o miembro de familia deben  Traiga información de donde localizar al estar viviendo juntos o haber vivido juntos en la su hijo menor esta en peligro de convertirse en la abusador. La situación no se define como violencia si se misma casa. victima de cualquier tipo de violencia trata de un conocido o si es violencia entre dos  Traiga cualquier otra información sobre el domestica. La Violencia Domestica incluye: individuos que solo hayan tenido un abusador, como fotografías o identificación. acercamiento por razones de negocios o en un Esto puede incluir pero no se limita a Abuso físico—empujar, bofetear, patear, contexto social.  Traiga cualquier otro documento relacionadlo a puñetear, ahorcar, y pegar  Instruirle al abusador que salga de su casa su caso. Abuso emocional/verbal – intimidación verbal, ¿QUE ES VIOLENCIA REPETIDA?  Reprimir al abusador de tener contacto o  Dígale al secretario que usted está interesada en amenazas creíbles, perseguimiento y acecho, continuar actos de abuso como una tramitar una orden de protección contra la actuando con ira. Bajo la provisión de la sección 784.046 de la ley violencia domestica, violencia repetida violencia condición de "no contacto " de la libertad de la Florida, la violencia repetida constituye dos entre novios o violencia sexual. Abuso sexual o agresión – Cualquier contacto provisional, que lo hará prohibirle al abusador incidentes de violencia o persecución, dirigidos físico o el forzar a que alguien haga un acto que este dentro de 500 pies de su casa,  El secretario de la corte le ayudará a tramitar el a la persona que esta reportando la violencia o sexual en contra su voluntad. vehículo, escuela, negocio, o lugar de empleo papeleo correcto. Al tramitar estos formularios, un familiar muy cercano a la persona lastimada. usted le estará explicando al juez exactamente qué Uno de los incidentes debe haber ocurrido entre  Dejarle a usted la tutela de los niños ¿QUE ES VIOLENCIA SEXUAL? tipo de protección necesita y de quien quiere los 6 meses anteriores al presente reporte.  Indicarle al abusador que pague protegerse. Bajo la provisión de la sección 784.046 de la ley manutención para usted y los niños si el de la Florida, violencia sexual es un incidente de ¿QUE ES UN ACECHO?  Después de haber terminado el papeleo, la corte abusador tiene la obligación de hacerlo puede determinar si el peligro de violencia  Agresión sexual, definido en el capítulo 794; Bajo la provisión de la sección 784.046 de la ley Por razones de seguridad, usted puede darle su domestica existe. La corte puede ordenar una  Acto indecente, definido en el capítulo 800, de la Florida, un acecho ocurre cuando una dirección a la corte en un documento separado orden temporal, la cual se expide por 15 días. cometido contra una persona o enfrente de una persona intencionalmente, con malicia y y confidencial al poner la orden de protección. Luego habrá una audiencia en la corte para persona menor de 16 años; repetidamente persigue, acosa, o acecha por la determinar su seguridad y la de sus hijos. internet a otra persona. Acecho agravado Usted no está obligada a quedarse en la  Atraer o seducir a un niño(a), definido en el  Se le debe mandar la orden al abusador antes ocurre cuando una persona le hace una residencia o casa donde usted es víctima de capítulo 787; de que la orden tome efecto. La orden le dirá al amenaza creíble a otra persona mediante el violencia domestica. Su dirección puede ser abusador lo que el juez requiere y cuando tiene  Acto sexual por un niño(a), definido en el acoso.

Hollywood Police Department SOP 250 Domestic & Dating Violence PDF

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