HomeMy WebLinkAboutItem #26 - Discussion ItemTO:
FROM:
Jose Garcia -Pedrosa
City Manager
t4ona'd—H. Warshaw
Chief of Police
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
25
DATE: MAY 6 -1998- ^ FILE: LIA 2-2
SUBJECT: Commission Item
Domestic Violence
Presentation
REFERENCES: May 26, 1998 City
Commission Meeting
ENCLOSURES:
In response to Commissioner Plummer's request, please schedule
Lt. Gerald N. Green, Commander of our Domestic Violence Unit,
for the May 26, 1998 commission agenda.
Lt. Green will present a brief overview of the following:
1) Executive overview of state law mandating formation of our
Domestic Violence Unit.
2) Operational results.
3) Success of our Domestic Violence and Victim Advocate grant
program.
4) Community based planning for the future.
DHW/jr
sa-
A Brief Report to the Commissioners
Of I
The City Miami
On
The City Of Miami Police Department
Domestic Violence Unit
DET. N. BONDARENKO
DET. J. CHEEVER
DET. A. COSTER
DET. J. JACOBS
DET. M. NEWBOLD
DET. M. PONDER
DET. R. RODRIGUEZ
DET. H. St. ANGE
LT. G. GREEN
COMMANDER
DOMESTIC VIOLENCE UNIT
I
J. RUSSELL SGT. C. THONY
TC III ( DOMESTIC VIOLENCE SUPERVISOR
REACT TEAM
ADMINISTRATOR: M. LINDSEY
(2) PUBLIC SERVICE AIDES
PSA M. St. CLAIR
PSA M. ALFONSO
(1) COUNSELOR
W. VAN EPS
VICTIM ADVOCATE
FULL TIME: T. BIGLES
OVERVIEW DOMESTIC VIOLENCE; MIAMI POLICE
DEPARTMENT
The City of Miami Police Department has dedicated significant resources to identifying
and intervening with individuals caught in the web of violence in the family. The
problem of Domestic Violence is complicated. Successful intervention requires a
coordinated, consistent, Multi -agency response. In 1997 the State of Florida created a
Florida Model Police Policy that required Police Departments to adopt a series of policies
and procedures designed to establish the police role in this multi -agency process.
Recognizing the need for improvement in the police response to Domestic Violence, the
Department created a specialized Domestic Violence Unit within the Criminal
Investigations Section. The Domestic Violence Unit is commanded by LT. Gerald Green
and has one Sergeant, eight Detectives, two Public Service Aides, a Domestic Violence
Administrator and Three Victim Advocates. This unit responds to all domestic violence
cases ranging from a push, to attempted murder. The Miami Police Department receives
approximately 6,000 reported Domestic Violence cases each year. The Patrol Division is
able to intervene through an arrest at the scene in about 50% of the cases. When an arrest
at the scene is not possible the case is turned over to the Domestic Violence Units
Detectives. In addition to Domestic Violence the unit handles all stalking cases.
Intervention with Domestic Violence is a complex process because the victim in these
cases remain at risk even after an arrest is made because they are involved with the
offender as partners and parents. Separation does not guarantee safety because
perpetrators will attempt to regain control of the victim through the children, money,
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threats or family pressure. In an effort to assist victims of Domestic Violence the Miami
Police Department has established the following:
• Each officer receives 4 hours of training on the issue of Domestic Violence.
Through its Rapid Enforcement And Containment Tracking Team (REACT) the
Domestic Violence Unit is Developing Community Policing tactics that will allow
proactive intervention through identification and management of high risk cases.
This team was started through a Community Oriented Police grant from the Federal
Government. Second year funding has been accessed through the State of Florida's
STOP Violence Against Women funds.
• The REACT Victim Advocates have intervened with over 900 victims. They provide
safety plans, Safenet phones when needed and referrals to various services such as
housing legal assistance and safe shelter.
• The Domestic Violence Units personnel are involved with Community Croups to
improve coordination between agencies, develop programs and establish public
awareness regarding the problem of domestic violence.
The REACT team is deeply involved in community organization and has helped establish
the Community Action Task Force. This task force is a working Committee of the Dade
County Alliance Against Domestic Violence. It has the Mission of developing a citywide
effort to increase identification and management of high -risk cases involving Domestic
Violence.
The Domestic Violence Unit has the mission of developing an enhanced Criminal Justice
Response to Domestic Violence in order to increase the safety and welfare of all victims.
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RESPONDING TO DOMESTIC VIOLENCE,
MODEL POLICY NUMBER ONE
FOR
FLORIDA LAW ENFORCEMENT
MARCH 1997
Tony Pate, Executive Director
Dr. Lorie Fridell, Associate Director
Florida Law Enforcement Research Coalition
Florida State University
This report was prepared for the Govemor's Task Force on Domestic and Sexual Violence,
Robin S. Hassler, Executive Director, in cooperation with the U.S. Department of Justice.
March 1997
This project was supported by Grant No. 95-WF-NX-0012 awarded by the Bureau of Justice Assistance, Office of Justice
Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs coordinates the
activities of the following program offices and bureaus: Bureau of Justice Assistance, Bureau of Justice Statistics,
National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime.
Point of view in this document are those of the authors and do not necessarily represent the official position or policies of
the U.S. Department of Justice.
Points of view, opinions, and conclusions expressed in this report are those of the subgrant recipient and do not
necessarily represent the official position or policies of the State of Florida, Governor's Task Force on Domestic and
Sexual Violence, the U.S. Department of Justice, Office of Justice Programs, or any other agency of the state or federal
government.
�Tj�sca ss�-
RESPONDING TO DOMESTIC VIOLENCE,
MODEL POLICY NUMBER ONE FOR FLORIDA LAW ENFORCEMENT:
BACKGROUND
I. {NTRODUCTION
Florida Governor Lawton Chiles and the Florida Governor's Task Force on Domestic
and Sexual Violence (GTFDSV) received STOP Violence Against Women Formula
Grants funds through the Federal Violence Against Women Act (VAWA). The GTFDSV
identified certain purposes for funding, one of which was the development and
implementation of more effective law enforcement -.policies for preventing and
responding to domestic violence against women in Florida.'
Pursuant to funding requirements, the law enforcement domestic violence model policy
was developed to:
1. Cover specified areas (e.g., training, pro -arrest procedures, domestic
violence resource personnel, law enforcement officers as perpetrators);
2. Incorporate previously issued recommendations made by the GTFDSV on
law enforcement efforts to address domestic violence;
3. Reflect consensus among law enforcement, prosecutors, and victim
service providers, involving statewide associations;
4. Be applicable to and recognize the differences between all types of law
enforcement agencies found in the state in terms of size, service areas,
and other demographics; and
The GTFDSV project also included the development of a model policy for the
law enforcement response to sexual violence.
Model Policy Number One/March 1997
5. Address the needs of underserved populations in the state, including
Native Americans, minorities, rural residents, disabled persons,
immigrants, and other identified underserved populations.
The Florida Law Enforcement Research Coalition (FLERC) sought and was given the
opportunity to oversee the development of the model policy under the VAWA Grant
Program in Florida. The purpose of FLERC -is-to -link law enforcement agencies and
researchers to conduct policy -relevant research and to develop policies. Represented
on the Board of Directors of FLERC are the:
• Florida Sheriffs Association
• Florida Police Chiefs Association
• Florida Department of Law Enforcement
• Florida Criminal Justice Executive Institute
• Florida Chapter of the International Association of Law Enforcement
Planners
• Florida State Law Enforcement Chiefs Association
• Tallahassee Police Department
• College of Social Sciences at Florida State University, and
• School of Criminology and Criminal Justice at Florida State University.
To assist in the development of the domestic violence model policy, FLERC
established both a Steering Committee and a Task Force. The duties of the Steering
Committee were to oversee all aspects of project implementation, determine the broad
outlines of the policies, and review policy drafts. The duty of the Task Force was to
draft the components of the policy. Participating members of both of these bodies
included: 24 law enforcement representatives from varied types of agencies (large and
small; rural and urban; county, municipal, and state) from all over Florida, 14 victim
service providers from all areas of the state, 7 representatives of state attorneys and
the statewide prosecutor's office, and 5 academics with expertise in violence and/or law
enforcement. These groups were aided in their efforts by resource materials collected
by FLERC staff (e.g., model policies and codes, departmental policies from Florida and
other agencies).
After a policy was drafted, it was sent to all law enforcement agencies, as well as to
victim service providers, state attorneys, and other criminal justice or service providing
personnel in Florida. The comments from these agencies, as well as from the
GTFDSV, were considered by the Task Force and Steering Committee, before a
revised, final version of the model policy was submitted to the GTFDSV for final review
and dissemination.
2
Model Policy Number One/March 1997 A '
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II. PURPOSE
Pursuant to the policies of the GTFDSV as enumerated in its annual reports and its
publication Implementing a Vision: Ending Violence Against Women, law enforcement
agencies requesting Violence Against -Women Act Funds in future years must adopt the
model policies for the law enforcement response to domestic and sexual violence. It
was, therefore, the goal of FLERC to develop a policy that would challenge law
enforcement agencies to improve their response to domestic violence, but would still be
attainable. Specifically, we attempted to develop a document that would:
1. Set forth guidelines to improve the overall police response to domestic
violence;
2. Be relevant to both small, rural departments with few personnel and
limited resources and large, urban departments with many personnel and
greater resources;
3. Respond to the needs of numerous special populations in the state;
4. Represent consensus among law enforcement agencies, increasing the
likelihood that the policy would be adopted by the broadest range of
agencies;
5. Accurately reflect and address the unique challenges law enforcement
officers encounter while responding to incidents of domestic violence; and
6. Respond to concerns voiced by service providers regarding perceived
deficiencies in the law enforcement response to domestic violence.
111. GUIDING PRINCIPLES
The goal of the law enforcement response to domestic violence should be to reduce the
prevalence and harm of that crime, while preserving officer safety. Domestic violence
has a catastrophic effect that ripples far beyond the individuals immediately involved in
it. Studies indicate repeatedly that children from homes where domestic violence takes
place experience trauma whether or not they themselves are physically abused.
Studies of prison inmates reveal a high number who had domestic violence in their
pasts. A large proportion of women on welfare or who are homeless have been the
victims of domestic violence. Hidden costs to employers, law enforcement, schools,
and medical institutions are extensive. Another cost to society is the harm to law
enforcement officers responding to domestic violence situations. Many assaults against
officers, as well as line -of -duty deaths, occur in the context of domestic violence
situations.
Model Policy Number One/March 1997
Recognizing the extent, seriousness, and dangerousness of domestic violence, several
principles guided the development of this policy. Those principles are discussed below.
Domestic violence has a profoundly devastating effect on its victims as well as
their families and society at large. Its characteristics can be complex and
relationship -specific while being physical, sexual, and/or psychological.
Provisions in the model policy seek to ensure that the law enforcement system is
appropriately sensitive to the needs of victims of domestic violence.
• Victims of domestic violence need and deserve the same service and
compassion as victims of crimes perpetrated by strangers. In fact, it is arguable
that they need more sensitivity and understanding due to the unique effects of
this crime on the victim's psyche, family, and employment.
Victims may experience great pressure not to pursue criminal or civil prosecution
of domestic violence. Some of these pressure'; stem from the following:
➢ Fear of escalated violence and/or retaliation on the part of the abuser,
➢ Fear of loss of income when the abuser is the sole provider for the family,
➢ Fear of loss of social support group when the abuser's relatives and
friends are unaware of, or in denial about, or misunderstand, an
appropriate response to domestic violence,
➢ Fear of the abuser initiating retaliatory litigation against the victim,
➢ Fear.of loss of custody of the children should the abuser prevail and/or the
victim be found to be an unfit parent because of the abuse,
➢ Expectation that the system will penalize the victim and support the
abuser, and
➢ Fear of the offender being able to effect deportation of the victim.
Some components of this policy were adopted in recognition of this pressure on
victims.
Law enforcement officers should tailor their responses to the characteristics and
unique needs of the numerous and varied populations in Florida. These special
populations include, but are not limited to:
➢ Ethnic minorities
➢ Inner city residents
➢ Rural residents
: Model Policy Number One/March 1997
➢ Migrants and immigrants
➢ Non -English speakers
➢ Gay men and lesbians
➢ Elderly persons
➢ Disabled (mentally and physically) persons
➢ Homeless persons
E. The initial response to domestic violence calls can be dangerous for law
enforcement. Components of the policy recognize and attempt to minimize the
danger that police face in these situations.
s
Model Policy Number One/March 1997
ISCA��.
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RESPONDING TO DOMESTIC VIOLENCE:
MODEL POLICY NUMBER ONE
FOR FLORIDA LAW ENFORCEMENT
MARCH 1997
"Comments" in this document are not themselves policy, but are intended to provide the
rationale or explanation for the policy component they accompany.
I. PURPOSE
The purpose of this policy is to establish guidelines for the law enforcement
response to allegations of domestic violence. It is the first in a series of policies.
II. SCOPE
This policy applies to domestic violence situations as defined by Chapter 741
F.S.
Comment: For the purposes of this policy, domestic violence is defined pursuant to Florida
Statute 741.28:
"Domestic violence" means any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking, or any criminal
offense resulting in physical injury or death of one family or household member by
another who is or was residing in the same single dwelling unit.
"Family or household member'' means spouses, former spouses, person 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 have a child in -
common regardless of whether they have been married or have resided together at
any time.
It is the intent of this policy that the domestic violence definition apply to lesbian and gay
couples. Also included within the scope of this model policy is behavior in violation of state
and federal statutes that are designed to address domestic violence. State and local law
enforcement officers should enforce state statutes and some federal statutes while
coordinating with federal law enforcement on the enforcement of other federal statutes.
Model Policy Number One/March 1997
IiI. POLICY STATEMENT
The purpose of this policy is to reduce the incidence and severity of domestic
violence, protect victims of domestic violence, provide them with support through
a combination of law enforcement and community services, and promote officer
safety by ensuring that officers are fully prepared to effectively deal with
domestic violence calls for service.
Domestic violence investigations shall be actively pursued by law enforcement
and an arrest shall be the preferred response in situations in which probable
cause exists. High priority shall be assigned to ensuring victim safety and
referral to appropriate services. Consistent with this, the following policy
components are adopted.
IV. DISPATCH PROCEDURES
Comment. Dispatch serves a vital function in facilitating an immediate, effective police
response to domestic violence. As a result, this policy includes several dispatch -specific
elements, which were included to ensure that the incident was handled so as to:
• Ensure the safety of the victim and provide necessary aid and support to the
victim;
• Ensure the safety of any children, elderly persons, or disabled individuals
present;
• Ensure officer safety;
• Preserve evidence;
• Facilitate apprehension of the suspect; and
• Provide at the scene the tools necessary for effective communication with all
victims.
Communications personnel should receive the training necessary to implement these policy
provisions.
A. Communications personnel shall dispatch units in all situations involving
domestic violence. The priority of a domestic violence call shall be
gauged in accordance with the priority criteria prescribed by generally
applicable departmental procedures. If communications personnel are
serving multiple departments, they should dispatch domestic violence calls
in accordance with the highest appropriate priority classification.
Model Policy Number One/March 1997
B. Whenever possible, communications personnel should dispatch two
officers to the scene.
C. In addition to the information normally gathered, an effort should be made
to determine the following and relay it to officers responding to a domestic
violence call:
1. V\ftether-there is a -need for medical treatment;
2. Suspect's actions against the victim;
3. Whether the suspect is present and, if not, the suspect's name,
relationship to victim, description and possible whereabouts;
4. Whether the suspect is aware that law enforcement has been
called and/or has made any threats toward responding officers;
5. Whether weapons, dangerous animals or other threats to officer
safety are present at the scene;
6. Whether the offender is under the influence of drugs or alcohol;
7. Whether there is anyone else at the scene, including children;
8. Whether the victim has a current injunction or equivalent order; and
9. Complaint history at the location.
_Comment: Communications personnel can provide important information to the officers
responding to the scene. Further, the evidence that the communications personnel obtains
in his/her communication with the caller (e.g., identity of the suspect, actions of the suspect
against the victim) can be of particular value because of the frequency with which victims
recant, leaving prosecution with little if any evidence with which to proceed against the
defendant.
D. Communications personnel will ascertain whether the victim has special
needs (for instance, this may include but is not limited to situations in
which the victim is hearing impaired and/or does not speak English).
Communications personnel will inform the officer of the special need and
will attempt to make available to the officer(s) (at the scene or via phone)
the appropriate resources. (Whenever possible, an interpreter resource
should be- unaffiliated with the victim and the perpetrator.)
Comment: Communications personnel can facilitate effective communication by the police
with the victim by arranging for translation resources. Each jurisdiction should attempt to
identify translation resources which could be used for this purpose (e.g., develop a list of
bilingual or multilingual volunteers who could be available, for instance, by phone). It is
important that, whenever possible, the responding officer use interpreters who are
unaffiliated with the victim and the perpetrator so that objective interpretation is probable.
8
Model Policy Number One/March 1997
►S/uS�-�
E. Communications personnel shall not ask the victim whether s/he plans to
participate in any later prosecution.
F. If the crime is in progress, communications personnel should keep the
complainant on the phone and/or ask him/her not to hang up the phone
even if s/he is away from it, provided the victim is not in any immediate
danger. If the dispatcher cannot remain on the telephone with the victim,
the dispatcher should attempt to call back periodically to check on the
progress of events and relay this information to police.
Comment: The purpose of this provision is to provide support to the victim awaiting a police
response. However, communications personnel should be aware that this could increase the
danger to the caller. For instance, dispatchers should not attempt to call back periodically
unless assured that this would not place the victim in greater danger (e.g., the dispatcher
might ask the victim if it would be safe to can back and/or ask the victim if the perpetrator is
aware that law enforcement has been called to the scene).
G. For 9-1-1 or other emergency call hangups where call location information
is available, communications personnel should always try to call back
AND dispatch a unit.
H. Dispatchers shall = cancel the law enforcement response to a domestic
violence complaint regardless if the request is made during the initial call
or a follow-up call. However, the dispatcher shall advise the officers of
the request.
Comment: It cannot be assumed that a request to cancel a law enforcement response
means that the situation is controlled and that the victim is no longer in danger. In fact; the
victim may be in even graver danger than when s/he first requested assistance and may
have been coerced or forced to request cancellation. As such, it is important that law
enforcement proceed with its response despite requests for cancellation.
I. If the communications department has policies separate from those of the
agency with which it is associated, this policy should be incorporated into
those policies.
Model Policy Number One/March 1997
Comment: In the event that a law enforcement agency contracts with another entity to
provide communications and dispatch services, the model policy components regarding
dispatch and communications should be incorporated into such contracts.
V. INITIAL RESPONSE AND ENTRY
A. In responding to domestic violence calls, officers shall act in accordance
with departmental policy for responding to high hazard calls.
Comment; Domestic violence calls can be dangerous for citizens and law enforcement
officers. Accordingly, domestic violence calls should be treated as high hazard calls.
B. Entry
1. If refused entry, the officers should be persistent about seeing an
speaking alone with the victim. If access to this person is refused,
the officers should request that the dispatcher attempt contact with
the victim by phone.
2. if access is still refused and the officers have reason to believe that
someone is in imminent danger, the officers are to proceed in
accordance with agency guidelines.
Comment: Forced entry can be dangerous for law enforcement, but may be necessary to
safeguard citizens. This is a complex legal area, and departmental legal counsel should be
involved in the training which pertains to forced entry to ensure citizen safety but avoid
Fourth Amendment violations and the possible judicial exclusion of essential, but illegally
obtained, evidence against offenders.
VI. ON -SCENE INVESTIGATION
A. To guide the law enforcement response to domestic violence, the
department should provide a Domestic Violence Reference Card or
comparable departmental document which will provide a summary of the
domestic violence policy and provide other relevant information (e.g., the
locations and numbers of local certified domestic violence centers). Law
enforcement personnel responding to the scene should have this
information available to them.
io
Model Policy Number One/March 1997
Comment: Agencies should create a Domestic Violence Reference Card which would guide
the officer in his✓her response to domestic violence, providing an accessible, convenient
• resource to the officer in handling the case. Such a card would provide an at -a -glance
summary of the model policy and phone numbers of the most important or frequently used
resources for victims.
B . The initial actions of the responding officer(s) should be to ensure the
safety of all persons at the scene. This should include:
1. Separating the victim and offender physically, verbally, and, if
possible, visually (if circumstances permit, move them into separate
rooms);
Comment: Separation of the victim and the offender is essential. First, the offender's
violence may escalate upon arrival of law enforcement because of a perception of loss of
control over the victim. Second, the offender may control the victim through expressions,
body language, and other subtle components of their relationship, thereby affecting what the
victim relays to law enforcement. The victim may be fearful of speaking to law enforcement
in front of the offender out of concem for later retaliation by the offender. In addition,
although officers should interview parties separately, officers may be advised to keep each
other in sight to ensure officer safety.
2. Taking possession of all involved weapons and securing any other
weapons which pose an immediate threat at the scene, seizing only
in accordance with law;
Comment: Because the volatility of these cases results in erratic and unpredictable action
on behalf of both victims and suspects, the policy requires that weapons be seized or
secured, as appropriate, to ensure the safety of all persons at the scene, including the
responding law enforcement officers.
3. Assessing the severity of injuries to parties and applying or calling
for the appropriate level of aid for any injured parties; and
4. Locating and checking the welfare of any children and others at the
scene.
C. Steps of the on -scene investigation should include the following:
Model Policy Number One/March 1997
Comment: Evidence from the on -scene investigation of the violence and behavior of the
parties at the time can be essential for successful prosecution of the crime of domestic
violence because of the possibility that victims and witnesses will later recant.
1. Interview all parties and potential witnesses including children
(recognizing the unique sensitivities of children in domestic violence
situations) and neighbors, as appropriate. These persons should
be interviewed separately and out of visual/hearing range of each
other, if possible.
2. If communications are impaired by the special needs (for instance,
the person is hearing impaired or does not speak English) of any
party, the officer, where possible, should request that appropriate
resources be made available via phone or at the scene.
3. Determine if the relationship is "domestic" (as defined by Florida
law) and what crime(s) occurred.
Comment: Officers should make this assessment for the purpose of determining the specific
procedures to follow and the appropriate charges to be made.
4. Determine the nature and extent of all injuries, including defensive
wounds (e.g., on the inside of the arms or palms of the hands),
pursuant to Chapter 741 F.S.
5. 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.
Comment: This directive is based on F.S. 784.045(1)(b), which provides that a battery
becomes an aggravated battery if the person who was the victim of the battery was pregnant
at the time of the offense and the offender knew or should have known that the victim was
pregnant. This section of the policy and the statute recognize the all -too -frequent
phenomenon of batterers injuring pregnant victims with the intent of either harming the
fetuses or controlling the victims by hurting their unborn.
It is advisable for the officer to get the name of a health care provider who knows of the
victim's pregnant status, who may have information about the offender's knowledge of the
pregnancy, and who could then testify to that effect.
IVA
Model Policy Number One/March 1997 ,,
6. Determine who is the primary aggressor using the following factors
and the officer's judgment:
• Extent of any injuries inflicted,
• Fear of physical injury because of past or present threats,
Actions taken in self-defense or to protect oneself,
History of domestic abuse perpetrated by one party against
the other, and
Existence or previous existence of orders for protection.
Comment: As indicated in V11-F below, the model policy strongly discourages the making of
dual arrests except where clearly necessary. Consistent with this, the above provision
requires that the responding officer not only determine which of the parties committed
battery, but, importantly, assess whether any actions were required for self defense.
7. Record in writing or with a recorder (officers are encouraged to use
tape recorders):
a. Any statements of the victim; suspect, and/or witnesses
which may be categorized as exceptions to the hearsay rule
(including excited utterances and spontaneous statements).
Note the exact words used, using quotation marks; indicate
the approximate time frame when the statements were
made; and record the emotional condition of the speaker.
b. Any relevant statements, including self-serving ones, made
by the suspect.
Comment: The policy requires detailed reporting of statements (e.g., excited utterances,
spontaneous statements, or admissions) on the part of the accused or any other person at
the scene for later use as prosecution evidence. "Excited utterances" are defined as a
statement "relating to a startling event or condition made while the declarant was under the
stress of excitement caused by the event or condition" (Florida Evidence Code, S. 90.803;
F. S.). "Spontaneous statements" are defined as statements "describing or explaining an
event or condition made while the declarant was perceiving the event or condition, or
immediately thereafter, except when such statement is made under circumstances that
indicate its lack of trustworthiness" (Florida Evidence Code, S. 90.803, F. S.). Other
exceptions to the hearsay rule include, but are not limited to, then -existing mental,
emotional, or physical condition," "recorded recollection," "statement under belief of
impending death," "statement of child victim," and "statement of personal or family history."
To be effectively utilized for prosecution, information regarding such statements must be very
specific, verbatim quotations, including precise content and context in addition to quotation
marks where appropriate. To ensure*this, it is highly desirable that departments have
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Model Policy Number One/March 1997
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cameras and tape recorders readily available to responding officers. The statements may
not be exempt from the hearsay objections of the defendant's counsel in court if they are not
collected according to the above guidelines.
8. Collect and record physical evidence and, where appropriate, take
color photographs (date and initial photos, if possible) and/or
videos of injuries and property damage. Request a crime scene
technician, if needed. Seize plain view evidence.
Comment: Video footage and/or still photographs of physical evidence will facilitate
successful prosecution. This collection of evidence should include gathering evidence of
lethality indicators.
9. If possible, consistent with Chapter 741 F.S., obtain sworn written
or taped statements from the victim and any witnesses, including
children, as appropriate. The officer should attempt to obtain a
written or taped statement from the suspect. as well. These
statements should be submitted in accordance with departmental
procedure.
VII. ARRESTS
A. Arrest is the preferred response to domestic violence when probable
cause exists. That is, when probable cause has been established that an
act of domestic violence has occurred, an arrest should be made pursuant
to Chapter 901, F.S.
Comments: This policy has a clear preferred arrest position because it reflects Florida law
and demonstrates the seriousness with which the criminal justice system takes this crime.
Dispute resolution, mediation, or other police intervention techniques should not be used as a
substitute for arrest.
Pursuant to 1996 amendments to F. S. 901, a law enforcement officer can make a
warrantless misdemeanor arrest when there is probable cause to believe that the person has
committed an act of domestic violence, and s/he need not evaluate whether there is danger
of future violence.
Sections 901.15(7)(b) and 741.29(5), F. S. provide that a law enforcement officer who acts
in good faith and exercises good care in making an arrest under this subsection is immune
14
Model Policy Number One/March 1997
1
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from civil liability that otherwise might result.
B. When determining probable cause, the law enforcement officers should
consider their observations and any statements by parties involved and
any witnesses, including children. They should proactively determine all
the crimes for which there is probable cause (including sexual battery,
threats of violence amounting to assault, battery on a pregnant female).
Comment The officer should determine all possible crimes for which there is probable
cause, so that legitimate prosecution may proceed even if victim vacillation or other problems
reduce the viability of a domestic violence prosecution. Such other crimes might include but
are not limited to:
• Resisting arrest with or without violence
• Battery on a law enforcement officer
• Aggravated battery (including battery on e' pregnant female)
• Child abuse or neglect
• Elder abuse
• Stalking
• Violation of an injunction against domestic violence
• Violation of an injunction against repeat violence
• Sexual assault
• Sexual battery
• Manslaughter (e.g., of an unborn infant)
• Carrying a concealed weapon
Possession of a firearm by a person subject to an injunction against domestic
violence
C. Factors which should NOT be considered in determining whether an arrest
will be made include:
• Marital status; sexual orientation; race; religion; profession; age;
disability; cultural, social or political position; or socioeconomic
status of either party;
• Ownership, tenancy rights of either party, or the fact the incident
occurred in a private place;
• Victim's request that an arrest not be made,
• Belief that the victim will not cooperate with criminal prosecution or
that the arrest may not lead to a conviction;
• Verbal assurances that the abuse will stop;
15
Model Policy Number One/March 1997
• The fact that the suspect has left the scene;
• Disposition of previous police calls involving the same victim or
suspect;
• Denial by either party that the abuse occurred when there is
evidence of domestic abuse;
• Lack of a court order restraining or restricting the suspect;
• Concern about reprisals against the victim;
• Adverse financial consequences that might result from the arrest;
• Chemical dependency or intoxication of the parties;
• Assumptions as to the tolerance of violence by cultural, ethnic,
religious, racial or occupational groups;
• Absence of visible injury or complaints of injury; and
• Presence of children or the immediate dependency of children on
the suspect.
Comment: It is the intent of the drafters of this model policy that eliminating these factors as
bases of decisions to arrest will focus law enforcement'arrest efforts on appropriate criteria,
e.g., whether the Florida Statutes prohibiting domestic violence have been violated, and not
on preconceptions about certain types of victims, communities, offenders, or domestic
violence in general.
D. The officers making an arrest will inform the arrestee that domestic
violence is a crime and that the State of Florida, not the victim, is
responsible for the prosecution. The responding cers�ot i
discussion of or accent a comnlagit withdrawal_ or have tha victim
Waiver o prosecution form.
Comment: The arresting officer should convey to the suspect that the state prosecutes
violations of the law and that the state may proceed with or without the victim's cooperation.
[See F.S. 741.29(3).] This communication can have the effect of redirecting some of the
offender's anger away from the victim. In addition, this may help the victim to realize that
retreating at this stage is not a viable option, that the case will proceed with or without
him/her. The model policy includes this provision to convey to all parties the seriousness
with which the justice system addresses the crime of domestic violence, taking it out of the
realm of being simply a family or private affair and into the public realm, as intended by the
Florida Legislature.
The officer should not imply directly or indirectly that signing a waiver of prosecution form is
an option for the victim. Such a waiver may result in the victim's loss of benefits otherwise
available to him/her through the Victim Compensation Program. Similarly, the officer should
16
Model Policy Number One/March 1997
It
� S u•�SCte�F..,
Pot suggest in any way that sJhe thinks that the victim might not want to prosecute.
E. if the officers determine that a crime has been committed and that the
suspect has left the scene, the officers will make every attempt to:
1. Conduct a search of the immediate area;
2. Obtain information from the victim and witnesses as to where the
suspect might be located; and
3. Prepare a complaint affidavit and complete other appropriate
paperwork for referral to the State Attorney's Office or in
accordance with departmental policy (e.g., routing to an
investigative unit for follow-up), if the offender cannot be located.
Comment: Immediate apprehension and/or issuance of a warrant for arrest of a perpetrator
is critically important to show the seriousness with which the justice system addresses the
crime of domestic violence. In addition, they wanted to acknowledge the probability of a
perpetrator continuing to try to injure a victim once he/she is aware that law enforcement has
been contacted.
F. Dual Arrests:
1. The agency shall discourage dual arrests in order to avoid arresting
the victim. Where there are allegations that each party assaulted
the other, the officer shall determine whether there is sufficient
evidence to conclude that one of the parties is the primary
aggressor based on the criteria set forth in Section VI-C-6 above.
2. If the primary aggressor alleges that s/he is also the victim of
domestic violence, then 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. If it was a separate act of
aggression, then the officer shall make an arrest or file a request
for prosecution on the secondary aggressor. if the officer
concludes that it was an act of self-defense, no arrest shall be
made of the secondary aggressor. If dual arrests are made, the
facts supporting each arrest must be clearly documented.
.Comment: Dual arrests are strongly discouraged except where clearly necessary. This
provision is consistent with the requirement of F.S. 741.29(4) that "when complaints are
received from two or more parties, the officers shall evaluate each complaint separately to
determine whether there is probable cause for arrest." Every effort should be made by the
officer to determine the primary aggressor and effect an arrest of only the individual(s) who
used violence in a manner other than necessary for self defense. In assessing whether
17
. Model Policy Number One/March 1997
physical force was used in self defense, factors such as defensive wounds, disparity in
physical size, use of weapons, circumstances of the onset of violence, reasonableness of
fear of harm, etc., can be considered.
Arresting both parties without an attempt to assess whether force was used in self defense
may, at times, appear to the officer to be the Oeasy" or expedient route. However, it may
exacerbate the victimization of an already traumatized victim and reinforce the impression
that law enforcement is not serious in its efforts to curb and control domestic violence.
Furthermore, law enforcement may find itself being manipulated by a perpetrator who is
attempting to retaliate against a victim. The ramifications of this can be great, especially if
the victim's arrest results in temporary or permanent loss of custody of his/her children.
G. Law enforcement officers shall not threaten, suggest or otherwise indicate
the possible arrest of all parties or the removal of the children from the
home, with the intent of discouraging requests for intervention by law
enforcement by any party.
_Comment: Officers should not state or imply that further requests by the victim for
assistance from the criminal justice system will have negative ramifications for them (e.g.,
arrest or the loss of their children).
H. If no arrest is made, the victim shall be so informed and be notified that
s/he can request to have the case reviewed by the State Attorney's Office.
Comment: The specific process for initiating this review will vary from jurisdiction to
jurisdiction.
VIII. VICTIM SUPPORT
Comment: Victim support is not only the appropriate service to provide to this group of
criminal justice system "clientele'; but can have strong, positive ramifications for reducing
crime and for the successful prosecution of the perpetrator. Law enforcement can and
should rely on the assistance of domestic violence service providers to provide this support.
A. The officer shall attempt to identify and utilize resources to assist in
his/her interactions with non-English speaking citizens (e.g., victims,
witnesses, suspects) or citizens with communication disabilities.
18
Model Policy Number One/March 1997
However, the officer should avoid the use of friends, family or neighbors
serving as the primary interpreter for the investigation.
Comment: Given the large number of Florida residents from other cultures or who speak
languages other than English, the model policy emphasizes the need for officers to identify
and use the resources necessary to effectively interact with victims with limited abilities to
speak English. The policy discourages the use of friends, family members, or neighbors as
interpreters because it can be difficult to assess when priorities, loyalties, or cultural
mandates may be motivating these individuals in a situation where the officer cannot make
independent evaluations. Note that Sections 741.29 and 741.30, F. S. require that some of
the information which must be provided to victims must be conveyed in simple English or
Spanish.
B. The officer shall attempt to gain the victim's trust and confidence by
showing understanding, patience and respect for personal dignity and
using language appropriate to the age, educational level and emotional
condition of the victim.
Comment: Victim trust and confidence in law enforcement may be essential to successful
prosecution. Thus, obtaining such trust should not be perceived as social work outside the
purview of law enforcement.
C. In accordance with Chapter 741, F.S. the law enforcement 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. Give the victim a copy of the "Legal Rights and Remedies Notice to Victims"
.brochure in English or Spanish as appropriate, which provides:
a. A telephone number for the local domestic violence center
(the victim should also be informed of other specialized
domestic violence resources available in the community),
b. Information about the right to file a criminal complaint with
the State Attorney's Office, and
C. Information about injunctions for protection.
D. Officers should:
1. Convey to the victim concern for his/her safety;
2. Inform the victim about how to get an injunction in the fastest
possible manner;
19
Model Policy Number One/March 1997
523.1
3. Advise the victim that the incident report will be sent to the local
domestic violence center;
4. Advise the victim of what to expect in the near future with regard to
the processing of the case by the system, including an assessment
of the probability that the accused may be in custody for only a
short period of time;
5. Ask the victim if s/he wants to be notified of t; ie suspect's release
from jail;
6. Tell the victim that domestic violence is a crime and that the sole
responsibility for decisions regarding whether charges are filed is
with the state and not the victim;
7. If an arrest is not made, inform the victim of the reasons and of
his/her options independent of law enforcement (as indicated in the
"Rights and Remedies" pamphlet); and
8. Advise the victim to notify the agency of any additional incidents or
new information.
E. 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 of time while the victim gathers necessities for a short-
term absence from home. The officer should ask a victim who is leaving
the home for his/her temporary address and phone number out of hearing
of the perpetrator.
Comment: The model policy directs officers to stay at the scene until the situation is under
control and the likelihood of violence has been minimized andlor until the victim has gathered
his/her personal items and left. Perpetrators frequently wait until law enforcement leaves and.
then return to inflict more violence.
Officers should ascertain victims' temporary residences and phone numbers so they know
where to locate the victims for case follow-up; however, the officers should ensure that the
suspect does not leam this information, given the great risk of further violence to the victim if
such information is obtained.
F. If the victim requests to go to a shelter, s/he shall be referred to a certified
domestic violence shelter. The officer shall arrange for or provide
transportation to the certified shelter if the victim is approved for shelter
intake or arrange for or provide transportation for the victim to an
alternative location of the victim's choice in the local area.
20
Model Policy Number One/March 1997
no rcti� 1
Comment: "Certified domestic violence shelters" are defined in Sections. 415.602 and
415.605, F. S. Arranging for transportation will reduce the risk of further victimization and
provide important assistance to victims who might not have the means to transport
themselves.
G. Care of Children: Officers shall see to the appropriate care of children as
victims or dependents.
1. in child abuse situations, the officer is required by Chapter 415 to
call the Abuse Registry [1-800-96-ABUSE (2-2873)].
2. If, as a result of arrests and/or hospitalizations, there is no parent,
legal guardian, or relative to either care for the children or direct the
officer as to the appropriate temporary placement of the children,
the officer should contact the Abuse Registry at the number above
for purposes of determining placement. The officer should indicate
in the report the identity and address of the person taking custody
of the children.
Comment: The model policy addresses children at the scene of a domestic violence
incident with a focus on ensuring the welfare of the children, reducing officer/department
liability, and freeing the officer quickly for other calls. An officer should, whenever possible,
place any children who are temporarily in need of care in accordance with the directions of a
parent, legal guardian, or appropriate relative.
H. Care of Dependent Adults: When an elderly or disabled adult is either a
victim of the violence or reliant on the victim or suspect who can no longer
provide care, the officer should make appropriate arrangements for the
person's care. In the case of abuse, the officer shall call the Abuse
Registry [1-800-96-ABUSE (2-2873)].
I. If indicators for future violence exist, the officer should speak to
appropriate agency authorities to arrange for increased patrol in the area.
Comment: Law enforcement must pay serious attention to threats or indicators of future
violence by perpetrators of domestic violence. (Officers should be familiar with "indicators of
future violence" via training.) Studies indicate that perpetrators frequently follow up on their
threats. Increased surveillance or patrol, however, may involve complex legal issues
21
Model Policy Number One/March 1997 IN
pertaining to liability on behalf of the department. Law enforcement officers should consult
with department legal counsel for the latest development in this rapidly changing area of law
enforcement obligation to protect and/or failure to do so.
IX. INITIAL RESPONSE: REPORT WRITING
A. In accordance with Chapter741 F.S., the officer shell prepare a written
police report if there has been an allegation of domestic violence,
regardless of whether an arrest has been made. If no arrest is made the
report shall include a description of any observed injuries and the
reason(s) no arrest was made. A copy of the report shall be sent free of
charge to the nearest certified domestic violence center within 24 hours.
Comment; F. S. 119.07(3) provides that, upon written request by the victim of domestic
violence, sexual battery, aggravated child abuse, aggravated stalking, harassment, or
aggravated battery, any information which reveals the victim's name or employment
telephone number, home or employment address, or personal assets of the victim is exempt
from inspection.
B. The report form prepared by the officer should specify "Domestic
Violence" on its face.
A domestic violence report should include, but need not be limited to:
1. Information provided by communications personnel (the officer
should consider the evidentiary value of the 9-1-1 call);
2. Descriptive information regarding the victim and suspect, including
demeanor of each;
3. Written and oral statements obtained from the victim and suspect
(including excited utterances and their approximate time frame) and
an explanation if written statements were not obtained;
4. A list of witnesses and their statements (including excited
utterances and their approximate time frame) and the identities of
all officers on the scene;
5. A description and location of observed injuries, description of
medical treatment rendered and statement about whether an offer
of medical treatment was refused;
6. The name of the medical treatment provider and the names of any
other health care providers, including EMS personnel;
7. A description of all other physical evidence including photographs
taken and of what;
22
Model Policy Number One/March 1997
•
8. A description of steps taken to locate the suspect if s/he was not at
the scene;
9. A list of indicators of threats to future victim and child safety (e.g.,
threats made, including history of abuse, killing of pets, use of
substances, other unusual behavior);
10. Information regarding whether children were present and how they
were cared for;
11. Information regarding whether an injunction is in effect and, if it is,
reference to this order and a copy if possible;
12. A statement regarding any special needs (including language
barriers, disabilities) of the parties involved;
13. An indication that the victim received the "Rights and Remedies"
pamphlet;
14. If no arrest was made, an indication that the officer advised the
victim of the reasons why an arrest was not made;
15. Any information that may be relevant to the assessment of bond;
and
16. The name and phone number of a person (e.g., family member,
employer) who can contact the victim.
C. The victim's name and contact information should not be blotted out of
forms going to the local certified domestic violence center, except in cases
involving sexual battery, child abuse, a lewd or lascivious act, or indecent
assault upon or in the presence of a child.
Comment: Note that Section 741.28(2)(c), F.S. provides that officers send the offense
report to the nearest domestic violence shelter with the victim name and contact information
clearly _visible, so that the center staff can contact the victim to provide assistance. The
report should not state where the victim is located, instead, it should state how the victim
may be located, i.e., through a third party who knows how to find the victim. The
victim witness statements or other materials that are part of an active criminal investigation
and are exempt from disclosure under Sections 119 and 415.608, F. S. should not be
forwarded.
D. The officer should, when appropriate, request that the victim sign a
release of medical records (related to any domestic violence incidents)
form and should fill out the victim notification form.
Comment: The policy requires that the officer should have the victim sign a release of
medical records form and fill out the victim notification form so that the necessary records
23
Model Policy Number One/March 1997
can be obtained for trial and to ensure notification of the victim when the suspect is released
from custody. Note that the medical release form should be limited to the release of only that
information that is related to domestic violence incidents. A blanket waiver allowing for
access to all medical records could result in the unnecessary disclosure of private, irrelevant
medical history.
X. FOLLOW-UP INVESTIGATION, REFERRAL AND REPORT
WRITING
A. A follow-up investigation may be required and could include:
1. Interviewing victims who were physically or emotionally unable to
be properly interviewed or to provide a statement. The victim
should be re -contacted for this purpose or to obtain additional
details relevant to the investigation.
2. Taking photographs of victim injuries that may not have been
apparent/visible at the time of the initial response.
3. Interviewing neighbors or other potential witnesses.
4. Ascertaining if the suspect is on parole, probation and/or pretrial
release and obtaining the name and phone number of the
appropriate probation/parole/pretrial officer.
Comment: Although not always required, a follow-up investigation is frequently necessary
because new or different evidence may surface subsequent to the event in question. Certain
types of injuries may take time to develop or become obvious. The victim may not be in an
emotional state at. the time of the event to give adequate testimony about the event or history
leading up to it.
B. In the supplemental follow-up report, the investigating officer shall
document the steps of the investigation. This will include documenting
interviews and any other tasks performed pertinent to the investigation.
C. In cases in which a physical arrest was not made, the related police report
and charging documents required by the State Attorney's Office in the
jurisdiction should be forwarded within two business days after the
investigation is completed, or as soon as possible, to the State Attorney's
Office for review. If a warrant is issued, the appropriate agency should
attempt to serve or to effect service of the warrant as soon as possible.
D. The agency should ensure that a copy of the original report has been
forwarded to the certified domestic violence center as required by law.
24
Model Policy Number One/March 1997
7> JS4CAAQSCV-N'-'
9�r
XI. SPECIALTY UNITS/PERSONNEL
A. Based on the size of the agency, there will be at least one officer trained
as a'"domestic violence officer," who is specially trained to deal with the
complexities of a domestic violence case. This need not be a full-time
designation.
Comment: The model policy requires that at least one officer serve as a domestic violence
officer. This minimum requirement recognizes the different resources in departments
throughout the state. Within smaller departments this could be a part-time assignment of an
officer and within the largest departments domestic violence units comprised of several full
time persons will be developed.
B. The domestic violence officer shall:
1. Monitor the agency's compliance with the domestic violence policy;
2. Assimilate information on the resources available in the local
jurisdiction and the procedures necessary to utilize them;
3. Educate other officers in the department with regard to the
information obtained above;
4. Unless assigned to another unit, provide for and/or coordinate the
training of other officers as required in Section XIV below;
5. Coordinate with the local certified domestic violence centers and
other local resources to educate the community with regard to
domestic violence;
6. If possible, serve as a representative to the local domestic violence
council or task force; and
7. Coordinate with the State Attorney's Office in the investigations of
violations of injunctions for protection (F.S. 741.31).
Comment: Many of the duties of the special unit or officer promote a coordinated
community approach to domestic violence.
XII. OFFICER INVOLVED DOMESTIC VIOLENCE CASES
Comment: The policy supports the position that law enforcement departments should have
zero tolerance for domestic violence on the part of their personnel. Departments should be
25
Model Policy Number One/March 1997
a
as vigorous in their response to suspected crimes on the part of their own officers as they are
to all other domestic violence suspects. However, they should also uphold their duty to the
officer as an employee in terms of providing employee assistance; preventing harm to self or
family; and continuing employment where appropriate, safe, and within department
guidelines and the law. Although this model policy provision pertains only to sworn
personnel, a department also should consider a provision which encompasses non-swom
personnel.
A. Responding to the call:
1. If communications personnel receive a call for assistance at a
scene where an officer is alleged to be a domestic violence
offender, a supervisor will be notified. Additionally, other
department personnel will be notified in accordance with
department policy which addresses procedures for when officers
are alleged perpetrators of crime.
2. The responding officer should ensure that a supervisor has been or
will be notified and otherwise handle the situation on scene in a
manner consistent with the policies used in all domestic violence
cases.
3. If an arrest is made, applicable departmental policies related to
duty status, assignment, suspension, etc. will be adhered to.
4. If a criminal investigation is required, applicable departmental policy
should be followed. In the absence of departmental policy, this
investigation should be completed before the subject officer is
interviewed by departmental personnel for any administrative
investigation associated with the event.
Comment. The provisions of the policy (e.g., calling a supervisor to the scene) ensure that a
law enforcement officer suspected of domestic violence is treated the same as any other
suspect.
B. An administrative investigation should be opened to determine if the
officer has violated any departmental policies.
Comment: This provision has the secondary purpose of conveying to the public that the
department treats a domestic violence offense as the serious crime that it is.
Model Policy Number One/March 1997
26
C. When an officer is served with any protective injunction, s/he is required to
notify a supervisor prior to the beginning of the next shift. Further, the
officer is required to keep departmental authorities informed of the status
of his/her case. If the officer is a first responder and/or likely to investigate
high stress calls (including domestic violence calls), the department shall
consider a temporary reassignment for the officer.
Comment; The department should consider the officer's (1) ability to remain on active duty
and (2) danger to him/herself and others. Recognizing that officers subject to either
temporary or "permanent' injunctions may not be able to handle domestic violence calls
appropriately, the policy recommends consideration of the officer for a temporary
reassignment to duties not involving response to such calls.
D. In cases where the temporary injunction is extended to become a
"permanent" injunction, the officer should be sent for a psychological
evaluation to determine his/her fitness for duty and/or be referred to a
batterers' intervention program.
E. If the department has a program for officers to work off -duty, the officer's
status should be taken into consideration prior to approving an off -duty
assignment.
F. Department policy regarding an officer's possession of weapons while
under a final order of injunction or following his/her conviction for domestic
violence shall be consistent with state and federal laws.
Comment; Possession of weapons by a law enforcement officer who is subject to a final
order of injunction is a controversial issue which the policy writers debated at great length.
Victims' advocates took the position that law enforcement- unctioi
shou no a permitted to possess firearms under any circumstances. Law enforcement
a law enforcement otticer without a
The resulting model policy provision requires adherence to federal and state law. Because
these laws are in flux, departments are urged to consult with department legal counsel who
should be familiar with the latest applicable state and federal law. These laws reflect concern
that such individuals are at great risk of engaging in further violent behavior, and, therefore,
departments might consider policies which are even more restrictive than these laws.
27
Model Policy Number One/March 1997
G. Any officer who witnesses or otherwise has firsthand or well-founded
knowledge of a domestic violence incident involving another officer in the
department, must report that incident to a supervisor.
Comment: This provision attempts to counter the "conspiracy of silence" that some attribute
to law enforcement and to counter any stereotypes that agencies do not hold their employees
fully accountable for their behavior.
H. An agency which makes a domestic violence related arrest of a law
enforcement officer from another agency should notify the employing
agency of the arrest, the specific charge and the time of the arrest, prior to
the end of the working shift during which the arrest was made.
If an officer is arrested for a domestic violence incident s/he must notify
his/her supervisor before the beginning of the next shift or as soon as
possible.
XIII. RESTRAINING AND PROTECTIVE ORDERS
A. This policy section applies to both temporary and final domestic violence
injunctions and repeat violence injunctions which result from a domestic
violence situation.
Comment: The policy applies to violations of all court orders designed to prevent violence to
spouses or other intimates, in violation of Sections 741.31 or 784.084, whether the orders are
called injunctions or protective orders, and whether they are permanent or temporary.
B. Upon determination of probable cause, an officer may make a physical
arrest of the respondent if s/he willfully and knowingly violates a term of
the injunction by:
Refusing to vacate the shared premises within the time limits stated
on -the injunction;
Going to the petitioner's residence, school, place of employment, or
a specified place frequented regularly by the petitioner and any
named family member or household member;
Committing an act of domestic violence against the petitioner;
Committing any other violation of the injunction through an
intentional unlawful threat, word, or act to do violence to the
petitioner; or
2
3.
4.
28
Model Policy Number One/March 1997
5. Telephoning, contacting or otherwise communicating with the
petitioner directly or indirectly unless the injunction specifically
allows indirect contact through a third party.
Comment: Action(s) that may form the basis of arrest of a particular offender must be in
violation of one or more provision(s) of an injunction in effect, at that time, against that
offender.
C. An officer should make an arrest for a criminal violation of the term of an
injunction_ pursuant to Chapter 741 F.S. (domestic violence injunctions) or
Chapter 784 F.S. (repeat violence injunctions).
D. An officer should not base his/her decision to arrest on his/her perception
of the prosecutor's ability to prosecute the case, as this is a court order
not subject to the officer's interpretation.
Comment: The policy encourages arrest when an officer has probable cause that a criminal
provision has been violated. In deciding whether or not to arrest, the officer should not
engage in evaluating the appropriateness of the order, the enforceability of it, or the
likelihood.of prosecution. This is consistent with the overall policy goal of an aggressive law
enforcement approach for domestic violence; once a valid court order has been issued, law
enforcement should vigorously pursue violations of that order.
E. Officers may not arrest persons for civil violations of court orders. For
civil violations, the petitioner should be referred to the Clerk of the Court.
Comment: Examples of civil violations include failing to pay child support or complying with
other financial obligations, coming within a certain number of feet of petitioner, failing to
attend the Batterers' Intervention Program, failing to take some action such as returning
victims' property, etc.
F. 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/her for violating same.
Comment: Pursuant to the due process clauses of both the Florida and United States
Constitutions, an individual cannot be held accountable for violating an injunction of which he
or she has not been notified (741.30(7)(a), F. S.J. As a result, the model policy requires law
29
Model Policy Number One/March 1997
enforcement to use reasonable efforts to verify that a respondentlperpetrator has been
served the injunction/protective order prior to making an arrest for its violation. Consistent
with this, Sections 741.30(7)(a) and 943.05, F. S. require that a Domestic and Repeat
Violence Injunction Statewide Verification System be created within the Florida Department
of Law Enforcement, capable of electronically transmitting information to and between
criminal justice agencies relating to domestic and repeat violence injunctions, including
information as to the existence and status of any injunction.
G. Out of state protective orders: The agency should enforce foreign (i.e.,
out-of-state) injunctions pursuant to applicable state and federal laws. If
respondent is found in possession of a firearm, federal authorities should
be notified immediately.
Comment: This policy comports with state and federal law in that the justice system must
give full faith and credit to all protective orders and injunctions issued in other states,
territories, and tribal courts [18 U.S.C. 2265 (1994)], Full faith and credit is a complex legal
topic, departments should get specific advice from departmental legal counsel concerning
what is enforceable and what is not. Notwithstanding the complexities, full faith and credit
can be an important tool in stopping domestic violence perpetrators who cross state
boundaries.
XIV. TRAINING
NOTE: Agencies adopting the model policy may choose to include as XIV-A/B either
Option 1 or Option 2 below.
Option 1
A. All sworn personnel and all other law enforcement personnel
designated to handle domestic violence investigations shall receive
competency -based training in domestic violence.
The above named persons shall be competent with regard to the
following:
• Use and application of current Florida and federal statutes as
they relate to domestic violence;
• Dynamics of domestic violence;
• Verification, enforcement and service of injunctions;
• Duties and responsibilities of law enforcement in response to
30
Model Policy Number One/March 1997
domestic violence calls, as set forth in departmental policy; and
• Assisting victim populations with special needs.
• Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote
safety of the victim;
• Nature and extent of domestic violence;
• Legal rights of, and remedies available to, victims of domestic
violence;
• Documentation, report writing, and evidence collection (including
recognition and recording of excited utterances);
Tenancy issues and domestic violence;
• Impact of law enforcement intervention in preventing future
violence;
• Special needs of children at the scene of domestic violence and
the subsequent impact on their lives;
• Policies and procedures of the local State Attorney's Office;
• Services, facilities and/or interventions available to victims;
• Emergency assistance to victims and how to assist victims in
pursuing criminal justice options;
• Working with reluctant victims;
• Departmental and officer liability issues;
• Indicators of abuser lethality;
Indicators of future violence;
Means of identifying a primary aggressor; and
• Appropriate use of the Baker Act.
B. Persons within the department designated as "domestic violence
officers" shall receive more advanced competency -based training than
that required of persons named in A, above.
Option 2
A. All sworn- personnel and all other law enforcement personnel
designated to handle domestic violence investigations shall receive four
hours training in domestic violence every four years.
Key topics to be covered include:
• Use and application of current Florida and federal statutes as
they relate to domestic violence;
• Dynamics of domestic violence;
• Verification, enforcement and service of injunctions;
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Duties and responsibilities of law enforcement in response to
domestic violence calls, as set forth in departmental policy; and
Assisting victim populations with special needs.
Other appropriate topics for this training include:
• Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote
safety of the victim;
• Nature and extent of domestic violence;
• Legal rights of, and remedies available to, victims of domestic
violence;
• Documentation, report writing, and evidence collection (including
recognition and recording of excited utterances);
• Tenancy issues and domestic violence;
• Impact of law enforcement intervention in preventing future
violence;
• Special needs of children at the scene of domestic violence and
the subsequent impact on their lives;
• Policies and procedures of the local State Attorney's Office;
• Services, facilities and/or interventions available to victims;
• Emergency assistance to victims and how to assist victims in
pursuing criminal justice options;
• Working with reluctant victims;
• Departmental and officer liability issues;
• Indicators of abuser lethality;
• Indicators of future violence;
• Means of identifying a primary aggressor; and
• Appropriate use of the Baker Act.
B. Persons within the department designated as "domestic violence
officers" shall receive four hours of domestic violence training every
year.
Comment: There was considerable debate among the drafters with regard to the training
component. All participants agreed that it was imperative that Florida law enforcement
officers receive comprehensive training in domestic violence; however, opinions differed as to
the most effective way to achieve this. One group (primarily law enforcement personnel and
members of the Standards and Training Commission) believed that requiring "competency" in
designated areas (Option A) was most desirable, noting that a minimum number of hours of
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Model Policy Number One/March 1997
-` 3�
training would not necessarily guarantee that officers were competent in important areas.
Another group (primarily victims' advocates) believed that, until such time as the
competency -based training and the mechanisms by which to ascertain competency had been
developed, requiring a minimum number of hours (Option 8) was more likely to increase
officers' knowledge and skill in this area.
C. Periodic or roll call training should address the components of this policy
and the use of the Domestic Violence Reference Card.
D. All sworn personnel should receive timely legal/legislative updates
pertaining to domestic violence.
XV. DISSEMINATION OF POLICIES
A. The agency shall ensure that the information contained in this policy is
disseminated to all agency personnel.
B. The agency shall also forward copies of departmental policy relating to
domestic violence crimes to the State Attorney's Office and local victim
service providers.
C. The agency shall obtain and disseminate all legislative and legal updates.
These updates shall be distributed to all personnel dealing directly or
indirectly with domestic violence cases, including, but not limited to, field
officers and middle management.
D. Agencies shall adopt internal procedures to support the information
dissemination requirements of this policy.
Comment: Wide distribution of this model policy both within the law enforcement agency
and to service providers and state attorneys will enhance both consistency and coordination.
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Model Policy Number One/March 1997