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E.P.P. 009 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 9 SUBJECT: DOMESTIC VIOLENCE EFFECTIVE: DECEMBER 01, 2003 REVISED: SEPTEMBER 1, 2021 ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 1 of 10 I. PURPOSE: It is the intent of this policy to prescribe courses of action which members and employees of the Longwood Police Department shall take in response to domestic violence incidents that will enforce the law while serving to intervene and help prevent future incidents of violence. II. POLICY: It shall be the policy of the Longwood Police Department to: Reduce the incidence and severity of domestic violence; Protect victims of domestic violence and provide them with support through a combination of law enforcement response and victim support services; Promote officer safety by ensuring that officers are fully prepared to respond to and effectively deal with domestic violence calls for service; and Protect citizens from the tragedy of domestic violence through a “preferred arrest” response where probable cause exists for an arrestable offense. III. DISCUSSION: It is the public policy of this State to strongly discourage arrest and charging of both parties for domestic violence. In cases where two or more persons make complaints regarding an act of domestic violence, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response in domestic violence incidents, only with respect to the primary aggressor. Arrest is not a preferred response with respect to a person who, although is involved in an incident of domestic violence, acted in a reasonable manner to protect or defend themselves or another family or household member from domestic violence. ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 2 of 10 IV. DEFINITIONS: A. 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, who is or was residing in the same single dwelling unit. B. Family or Household Member - 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 family, and persons who have a child in common regardless of whether they have been married or have resided together at any time. C. Preferred Arrest - the preferred resolution to the problem when probable cause exists that indicates an act of domestic violence has been committed. V. PROCEDURE: A. INITIAL RESPONSE AND ENTRY TO THE SCENE 1. A domestic violence call is considered to be one of the most dangerous calls a law enforcement officer may confront. Therefore, officer safety is of primary concern. Since an emergency response may be required, members will adhere to established directives regarding police vehicle operations in emergency response mode. 2. A domestic violence call shall require a primary and secondary unit response. 3. Entry to the scene shall be handled cautiously. Visually observe combatants and assess the circumstances. 4. Officers on-scene, investigating incidents of domestic violence shall make an initial assessment to include: a. Actual or potential weapons involved; b. Safe separation of combatants; c. Safety of children/elderly or other third parties; d. Need for medical treatment; Responding officers shall assist the injured in obtaining any necessary medical treatment. ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 3 of 10 e. Determination of the primary aggressor. VI. DETERMINING AND IDENTIFYING THE AGGRESSOR: Whenever an officer determines that there is probable cause to believe that an act of domestic violence has been committed within the officer’s jurisdiction, the officer should arrest the person(s) suspected of its commission and subsequently charge the person(s) with the appropriate crime. When investigating incidents of domestic violence and complaints are received from two or more parties, the officer shall evaluate each complaint separately to determine whether probable cause exists to make an arrest. The officer shall attempt to determine who is the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor and not with respect to a person who acts only to protect or defend themselves or others. VII. ARREST: A. Officers investigating incidents of domestic violence shall determine if an arrestable offense has been committed and if arrest is the most appropriate course of action. B. An officer may arrest a person for domestic violence without a warrant when there is probable cause to believe that the person has knowingly committed an act of domestic violence and the officer reasonably believes that there is danger of future violence unless the person alleged to have committed the domestic violence is arrested without delay. C. The existence of the elements of a crime shall be the primary factor in determining the proper method of handling the incident. Other factors that should be considered when determining the appropriate method of handling the situation would include: 1. Weapons; 2. Prior incidences of violence; 3. Criminal history of suspect; and 4. Potential harm to victim and others. NOTE: Dispute mediation shall not be used as a substitute for appropriate criminal proceedings in situations where physical violence or the threat of violence has occurred. ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 4 of 10 D. The decision to arrest or charge shall not require the consent of the victim or the consideration of the relationship of the parties involved. E. No law enforcement officer shall be held liable, pursuant to F.S. 901.15, for a domestic violence arrest based on probable cause. F. During an investigation of domestic violence, the following factors shall not deter an officer from making an appropriate arrest: 1. Insistence/pleading by victim for no arrest; 2. Whether the suspect lives on the premises with the victim or not; 3. Victim’s present marital status; 4. Absence of a court-ordered injunction for protection; 5. The potential financial consequences of arrest; 6. The victim’s history of prior complaints; 7. Verbal assurances that the violence will cease; 8. The victim’s emotional state; 9. The absence of visible injuries even though injuries are reported (i.e., internal injuries, soft tissue injuries); 10. Speculation that arrest may not lead to a conviction; 11. Speculation that the victim may not follow through with the criminal justice process; 12. Location of the incident (i.e., private property). VIII. DOCUMENTATION OF DOMESTIC VIOLENCE: A. In all cases of domestic violence or alleged domestic violence, whether or not an arrest is made, the officer shall make a written report of the incident to include: 1. A description of physical injuries observed; 2. Specific reasons for no arrest being made; ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 5 of 10 3. Specific reasons why arrest(s) were made; 4. Verification that the Legal Rights/Remedies Notice was provided; 5. If possible, written statement(s) from victim(s) and any witnesses; and 6. If appropriate, a description of physical evidence observed and collected (i.e., photographs, anatomy charts, weapons). 7. The names and ages of all children present at the scene during the time of the domestic violence and each child’s relationship with the victim and the perpetrator. If a crime of domestic violence is committed in the presence of a child under 16 years of age, who is a household or family member with the victim or perpetrator, the penalty may be enhanced. 8. Provide mandatory Victim’s Notice of Appointment with State Attorney Office form. 9. Complete Domestic Violence Supplement form. 10. Complete Domestic Violence Strangulation Investigation form, if applicable. B. Per F.S.S. 741.29 (2) (c), Longwood Police Department records custodian shall send a copy of the domestic violence offense report, as well as any subsequent, supplemental, or related report, which excludes victim / witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under Chapter 119 of Florida State Statutes, to Safe House of Seminole within 24 hours of receiving the offense report. NOTE: If the report involves a sexual battery, child abuse, or lewd, lascivious or indecent assault upon or in the presence of a child, the identity of the victim must be excised from the report. In addition, if required by juvenile confidentiality laws, the identity of a juvenile, who is alleged to have committed a criminal act, must not be included in the report, unless the juvenile is charged with a felony. F.S.S. 119.071 (2) (j) 1 provides that a domestic violence victim may file a written request to have their home and work address, and phone numbers exempt from public disclosure. 1. A records custodian shall ensure all appropriate information contained in the domestic violence report is redacted as required by Florida State Statute, prior to sending the report to Safe House of Seminole. ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 6 of 10 2. Upon completion of sending the domestic violence offense report to Safe House of Seminole, a copy of the e-mail will be saved in the case document. IX. VICTIMS RIGHTS: Officers investigating incidents of domestic violence shall ensure that the victim receives a copy of the “Legal Rights and Remedies Available for Victims of Domestic Violence” document and resource listings as required by Florida Statute 741.29(1). These rights/remedies and resources are included in the “Victim’s Notice of State Attorney Office Appointment” form. Officers shall provide a “Victims Notice of State Attorney Office Appointment” form in English or Spanish, whichever is deemed appropriate. The officer shall complete the form and inform the victim that the State Attorney’s Domestic Violence Division will contact them for a follow-up investigation. If “Victims Notice of State Attorney Office Appointment” form has a date and time section for the appointment, the officer should write “TBD” (to be determined) on the date section. Officers shall have the victim complete the “Affidavit Concerning Special Bond Release Condition” form. Officers shall inform victims of domestic violence that they may seek shelter at the Safehouse of Seminole County. X. INJUNCTIONS FOR PROTECTION: A. A person’s right to petition for an injunction for protection shall not be affected by such person having left a residence or household to avoid domestic violence. B. An officer may arrest a person 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 entered pursuant to F.S. 741.30 or 784.046, which creates a threat of imminent danger to the victim or household/family members. An arrest may be made over the objection of the petitioner. C. Pursuant to 18 U.S.C. s. 2265, an injunction for protection against domestic violence issued by a court of a foreign state must be accorded full faith and credit by the courts of this State and enforced by a law enforcement agency as if it were the order of a Florida court issued under F.S.S. 741.30, 741.31, 784.046, or 784.047 and provided that the court had jurisdiction over the parties and the matter, and that reasonable notice and opportunity to be heard was given to the ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 7 of 10 person against whom the order is sought, sufficient to protect that person’s right to due process. Ex parte foreign injunctions for protection are not eligible for enforcement under this section unless notice and opportunity to be heard have been provided within the time required by the foreign state or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights. D. Upon presentation of a foreign protection order by a protected person, officers shall assist in the enforcement of all its terms, except matters related to child custody, visitation and support. Officers should refer to F.S.S. 741.315 for further direction and information regarding foreign protection orders. XI. PETITIONS FOR EMERGENCY/TEMPORARY INJUNCTION FOR PROTECTION ORDER A. Petitions for Emergency/Temporary Injunction for Protection Orders should be applied for as follows: 1. During Court House Hours: If the incident or request occurs on a non-holiday, weekday (Monday – Friday) between 0800 hours and 1630 hours, officers shall instruct the victim to respond to the following location: Seminole County Courthouse Domestic Relations 301 North Park Avenue Sanford, Florida 32771 (407) 665-4330 2. Not During Courthouse Hours: a. An officer who responds to a domestic violence complaint or complaint of repeat violence, and a petition against domestic or repeat violence is requested between 1630 hours and 0730 hours on a week day, daily during the weekends or any city holiday, shall instruct the complainant to respond to the Longwood Police Department. b. Supervisors shall provide copies of the checklist samples of both domestic violence petitions and repeat violence petitions to their subordinates. c. A supervisor should respond to the Police Department to assist the officer with the procedures. ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 8 of 10 d. If the victim elects to proceed with the petition, the petition form should be completed by the complainant. e. Once the petition is completed, the officer shall contact the on- call judge. f. If the judge approves the injunction, it should be taken to Communications Center to be entered through teletype. g. The officer will need to document the injunction in a CJIS report and scan the original copy of the signed injunction into the report. h. The officer will then need to notify Civil Division of the Seminole County Sheriff’s Office and provide them the CJIS case number. i. If possible, the injunction should be served to the respondent. XII. SERVING INJUNCTIONS FOR PROTECTION A. Florida State Statutes 741.30(8)(a)1, 784.046(8)(a)1, and Administrative Order 08-27-S gives the authority to all law enforcement officers to serve injunctions for protection. B. Service of Injunctions Issued through the Seminole County Sheriff’s Office Civil Division. 1. The officer shall print a color certified copy of the injunction from the case documents in the Injunction (IJ) Report. 2. Serve the copy with petition to the Respondent. Officers will read the judge's specific order to Respondent so they understand the injunction. 3. The officer shall update the (IJ) report with any attempted service or completed service of the injunction in the form of a supplemental narrative. 4. The officer shall notify the Civil Division by electronically completing the SCSOnet Injunction for Protection Notification Sheet. 5. Information regarding service is entered into FCIC/NCIC during regular business hours by the Civil Division. However, after hours and weekends, the Seminole County Telecommunications Center enters the information into FCIC/NCIC. ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 9 of 10 6. After serving the respondent with the injunction, the officer shall make a detailed and thorough written (CJ) report of service made upon the respondent including; a. date, time served; b. the name of the server; c. method of service; d. location where served; e. to whom the process was served or executed; f. and any problems or difficulties encountered or associated with the service. 7. A Return of Service form will be generated by the Civil Division using an electronic signature for the serving law enforcement officer and returned to the court of origin. C. Service of Out of State or Out of County Injunctions Issued in person or by fax 1. Officers will determine if there is already an (IJ) report generated for the injunction. If there is, officers shall complete the service with the same procedure as a injunctions Issued through the Seminole County Sheriff’s Office Civil Division (XII – A). If there is not an (IJ) report, officers shall make a color certified copy of the injunction and petition to be uploaded and attached to the notification later. 2. Officers will serve the certified color copy of the injunction and petition to the Respondent. Officers will read the judge's specific orders to Respondent so they understand the injunction. 3. Officers shall notify the Civil Section of service by electronically completing the SCSOnet Injunction for Protection Notification Sheet. Once this notification is done, either dispatch or the Civil Division will update FCIC/NCIC of the service. 4. While making the notification in the Injunction for Protection Sheet, officers shall upload and attach a copy of all documents served. The Civil ENFORCEMENT POLICY AND PROCEDURE DOMESTIC VIOLENCE EPP – 9 Page 10 of 10 Division, Monday through Friday, will take all the information provided and create an (IJ) report with the necessary information. 5. After serving the respondent with the injunction, the officer shall make a detailed and thorough written report of service made upon the respondent including; a. date, time served; b. the name of the server; c. method of service; d. location where served; e. to whom the process was served or executed; f. and any problems or difficulties encountered or associated with the service. 6. A Return of Service form will be generated by the Civil Division using an electronic signature for the serving law enforcement officer and returned to the court of origin. XIII. DOMESTIC VIOLENCE CASES INVOLVING SWORN MEMBERS: A. Sworn officers charged in domestic violence incidents including (Assault, Battery, etc.), as a primary aggressor, shall be suspended from duty pending the completion of an investigation. The chief of police shall determine if the suspension shall be with or without pay. B. Officers investigating alleged acts of domestic violence by sworn law enforcement members will conduct the investigation of the incident as they would any other act of domestic violence. The arrest and documentation requirements of this policy will be applied equally to sworn law enforcement members. Any substantiated act of domestic violence will require supervisory notification to the member’s employing agency. The chief of police will be notified of the incident through the chain of command, and his designee will ensure notification of the incident is made to supervisory personnel at the involved officer’s agency.