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Lake County Sheriff_Domestic Violence_Procedures.pdf
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DOMESTIC FAMILY VIOLENCE PROCEDURES

SUBJECT: Domestic/Family Violence -Domestic/family violence is a serious and complex problem affecting all social and economic communities. Officers responding to domestic/family violence incidents shall regard them as potential criminal law violations) to be investigated accordingly;

POLICY: It shall be the policy of the Lake County Sheriff’s Department to protect victims of domestic violence from physical and mental harm, advise them of their rights, legal options, and of services available to victims. Upon establishing probable cause arrest shall be the response to acts of domestic violence. The department shall also cooperate with social service agencies seeking to assist and prevent domestic violence.

SUBJECTS WITH SPECIAL NEEDS: Physical, Mental or Language Barriers; The Lake County Sheriff’s Department will have special protocols to activate professionals or law enforcement personnel to assist citizens with "Special Needs". Appropriate services will be provided to the specific needs of victims, and will be employed in the apprehension of offenders.

DEFINITIONS: As defined in IC 35-42-2-1.3. Sec. 1.3 (a) A person who knowingly or intentionally touches an individual who: (1) is or was a spouse of the other person; (2) is or was living as a if a spouse of the other person as provided in subsection (b) or has a child in common with the other person; in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor. IC 35-42-2-1.3. shall be applicable when establishing probable cause to arrest for domestic battery. IC 34-6-2-34.5 domestic/family violence means, except for an act of self-defense, the occurrence of at least one (1) of the following acts committed by a family or household member:
(1) Attempting to cause, threatening to cause; or causing physical harm to another family or household member.
(2) Placing a family or household member in fear of physical harm.
(3) Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.

Family/Household Member means:
(1) a person who is a current or former spouse;
(2) a person who is dating or has dated;
(3) a person who is engaged or was engaged in a sexual relationship;
(4) a person who is related by blood or adoption;
(5) a person who is related or was related by marriage;
(6) a person who has an established legal relationship or previously established a legal
relationship;
(A) as a guardian;
(B) as a ward;
(C) as a custodian;
(D) as a foster parent; or
(E) in a capacity similar to those listed above;
(7) a person who has a child in common; and
(8) a minor child of a person in a relationship described in subdivisions (1) - (7).

IC 34-6-2-34.5 shall be applicable when advising victims/parties of criterion for and enforcement of court orders of protection.Probable Cause means, a combination of facts, viewed from the perspective of a police officer, that would lead a reasonable and prudent person to believe a crime has been or is being committed. The probable cause standard in domestic/family violence is no different from the standard applied in other crimes under Indiana law.

PROCEDURE:
1. Radio Dispatcher Responsibilities:
The dispatcher is usually the first person to receive a call reporting a domestic violence incident. The dispatcher should determine the following:
a. Complainant -address -phone number-location of incident
b. Is anyone injured, is an ambulance required?
b. Is the crime in progress?
d. Is a weapon involved in the incident?
e. Are there weapons in the residence?
f. Suspect -whereabouts, direction/mode of travel, physical
description
g. Are drugs/alcohol involved? h. History -ask if there have been previous reports/incidents with the party(s) or at the address. (check Spillman)
i. Ensure two units are dispatched to the scene and
advise shift supervisor.
j. If the violence is on going (or an eminent threat is perceived), dispatcher shall remain on the line with the caller.
The dispatcher should consider background noises to evaluate the threat level, i.e. screams, shouts, breaking glass\ furniture. This may assist when establishing probable cause. Give any and all information to the responding officer(s).

2. Responding Officer(s) Duties: (where applicable)
a. Respond to the scene quickly & safely.
b. Restore order, separate all parties, attempt to calm them.
c. Assess the need for medical attention and obtain it if necessary.
d. Ensure safety of officers, victims, suspects & bystanders.
e. Interview all parties separately -victim, offender, witnesses. out of site of each other
f. Document in your report if children are present or witnesses.

g. Take Photographs of the scene and victim(s).The officer(s) should evaluate the facts at the scene and determine if there is probable cause for an arrest. An arrest may be made even if:
a. The parties are married or living together.
b. The victim has sought a divorce.
c. The victim's willingness to press charges,

d. Verbal assurances by either party that the violence will stop.
e. Race ethnicity, sexual preference, social class, religion, occupation of the victim or suspect, or any other social factors.

If probable cause for an arrest exists, the officer shall proceed with the case report, preserve the crime scene, collect existing evidence to include photographs of injuries, document observations of alcohol and or drug influence when appropriate, and other photographs as needed to establish probable cause. A case report shall be generated in all cases of domestic violence, if an arrest is made or not.

3. Arrests:
a. An officer shall arrest when there is probable cause that the person has committed a battery; even when the victim does not want the offender prosecuted.
b. Dual arrests may be necessary, in rare instances, but is not a recommended practice. Cases should be carefully investigated to establish primary aggressor versus self-
defense.
Rare instances may involve such acts, but not limited to, intoxicants and/or drug usage by both parties, both are aggressive to responding officer(s) and both refuse to refrain from acts of violence. If children are present and dual arrests become necessary, the responding officer shall contact his/her supervisor for assistance concerning placement of the minor(s). The supervisor shall notify radio to contact the detective on call from the Family and Domestic Services Bureau, thereafter, shall call Child Protective Services (CPS). Then the detective and C.P.S.shall discuss placement of the minor(s) upon the advice and consent of Child Protective Services.
c. An officer may arrest when any other criminal misdemeanor or offense is committed in his/her presence.
d. An officer shall arrest when there are active arrest warrants on file for anyone at the scene.
e. An officer shall arrest when there is a violation of an active order of protection on file for the suspect, (Invasion of Privacy) even if parties have reconciled.
f. If the suspect leaves the scene, a warrantless arrest for domestic battery shall be in a timely manner, at the discretion of the shift supervisor.
g. If the suspect leaves the scene, investigating officers shall request an area dispatch be broadcast.
h. If probable cause is established and the suspect can not be located in a timely manner, the investigating officer shall file for an arrest warrant, or summons.
i. The officer shall take photographs of the victim(s) and suspect.

4. Victim Assistance:
The responding officer(s) shall:
a. Obtain appropriate medical attention for the victim if she/he claims injury whether or not the injury is visible. Particular attention should be given to choking and latent injuries.
b. Advise the victim of her/his rights, answer questions, provide them with the Sheriff's Domestic Violence Information Brochure.
c. Encourage victim to contact the appropriate domestic violence shelter for her/his area, for advise on their situation and safety procedures
d. If necessary or requested, provide, reasonable transportation to the nearest available shelter or other place of safety.
e. Standby If the victim requests assistance in removing essential personal items for themselves or children.
f. If children are injured/abused, have radio notify Child Protective Services. If school age children are present or involved, document it in your report for the Detective Bureau to notify their school guidance department to arrange appropriate assistance.
g. If a family pet at the residence requires shelter, advise radio to inform Animal Control Division of the DV incident and arrange temporary safekeeping (no cost to the victim).
h. In the event a victim at the scene is a "Special Needs" subject, i.e. blind, deaf, mentally challenged , the officer shall attempt to provide assistance congruent with the persons needs. If the officer is unable to assist them, he/she shall contact radio to have an advocate called to the scene.

5. Confiscation of Firearms(s):
Officers may confiscate and remove a firearm, ammunition, or a deadly weapon from a domestic violence scene if the officer(s) have:
1. Probable cause to believe that a crime involving domestic/family violence has occurred;
2. A reasonable belief that the firearm, ammunition, or deadly weapon:
(a) exposes the victim or others, to an immediate risk of serious bodily injury; or
(b) was an instrumentality of the crime involving domestic/family violence; and
3. Observed the firearm, ammunition, or deadly weapon at the scene during the response.
4. If a firearm, ammunition, or deadly weapon is removed from the scene, the officer shall provide for the safe storage of the firearm, ammunition, or deadly weapon during the pendency of a proceeding related to the arrest. (see I.C. 35-33-1-1.5.)
5. Confiscation of Firearm(s) under IC 36-47-13-1 Version b. Definitions: Sec 1. As used in this chapter, "dangerous" means:
(1) a person presents an imminent risk of personal injury to the person or to another person; or
(2) a person may present a risk of personal injury to the person or to anther person in the future and the person:
(A) has a mental illness (as defined in IC 12-7-2-130) that may be controlled by medication, and the person has not demonstrated a pattern of voluntarily and consistently taking the person’s medication while not under supervision; or
(B) is the subject of documented evidence that would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct. The fact that a person has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the person is dangerous.
IC 35-47-13-3 Warrantless seizure of firearm; written statement; judicial review. (a) If a law enforcement officer seizes a firearm from a person whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the person believed to be dangerous a written statement under oath or affirmation describing the describing the basis for the law enforcement officer’s belief that the person is dangerous. (b.) The court shall review the written statement described in subsection (a). If the court finds that probable cause exists to believe that the person is dangerous, the court shall order the law enforcement agency having custody of the firearm to retain the firearm. If the court finds that there is no probable cause to believe that the person is dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the person. (c) This section does not authorize a law enforcement officer to perform a warrantless search or seizure if a warrant would otherwise be required.
6. Follow- up Investigation:
All domestic battery/domestic disturbance/family disturbance incidents reported to the Lake County Sheriffs Department are to be investigated in the following manner:
a. The initial incident report will be reviewed by detectives from the Family and Domestic Services Bureau.
b. Detectives will review any criminal charges from the original domestic
violence incident.
c. Detectives from the Family and Domestic Services Bureau will identify the
victim and be as diligent as possible in contacting the victim regarding the incident. If the victim cannot be contacted in person or via telephone, written correspondence shall be sent to the victim's last known address, advising them of services available to them.
d. Detective(s) will review the incident report details with the victim(s) for accuracy and determine if additional charges should be filed. Victim(s) will be advised concerning; domestic violence laws, literature, counseling, shelter contacts, orders of protection, (criminal & civil), and the Lake County Prosecutor’s Victim Witness Program. Detective(s) will also advise victim(s) to keep them informed of any change of address or phone number.
e. If the victim wishes to relocate to a domestic violence shelter, Detective(s) will, if necessary, provide or arrange reasonable transportation to that shelter.f. If children were injured in the incident, Detective(s) will insure that Child Protective Services have been notified via State Form 310.g. If school age children were present or involved in the incident, Detective(s) will contact the child's guidance department to inform them of the situation and request they initiate appropriate assistance.
h. Detective( s) may attempt to speak with. the suspect if they feel that it is in the best interest of the victim and/or prosecution of the criminal case.
i. Detective(s) will use reasonable means, to insure the safety of the victim(s) minor children and witness(s).
j. Follow-up photographs should be taken within a reasonable time frame, preferably within seventy-two (72) hours, if possible, retake photographs after 7 days.
k. Insure that if the suspect was incarcerated, he/she has been shown the domestic violence education video before being released.
l. Detective(s) will file affidavits for firearms confiscated IC 35-47-13-3.
m. Detective(s) shall contact the Indiana State Police Gun Permits section at (317) 232-8264, to ascertain if the suspect has a permit to carry a hand gun. If so, they shall include that information in the report before sending it to the Prosecutors Office.
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