DOMESTIC VIOLENCE Officer Ashley Smith DOMESTIC INCIDENT Any

DOMESTIC VIOLENCE Officer Ashley Smith

DOMESTIC INCIDENT Any dispute, disturbance, act of violence, or report of an offense between individuals within a family or household where police intervention is requested. A domestic incident is not necessarily a violation of law.

DOMESTIC VIOLENCE Domestic Violence: Any Incident involving members of the same family or household in which the following occurred: Physical Injury or Threat thereof Intentional or reckless Rick of Physical injury A Family Offense is Committed A Violation of a valid Court Order or Protection Abuse/Violence towards Domestic-Type persons Type of abuse: Emotional Psychological Verbal Arguments Physical Violence Threats of such

DOMESTIC-TYPE RELATIONSHIPS What constitutes a Domestic Type-Relationships? Persons Related by Consanguinity (Blood Related) or Affinity (In-Laws) Persons Legally Married to one another or formally Married to one another Persons who have a child in common Persons in/formally in an intimate relationship, sexual or not. (People that are simply acquaintances are not considered an intimate relationship) Family Offense: An incident between members of the same family or household

MANDATORY ARRESTS Family Offenses: The following offenses are designated as a family offense by Criminal Procedure Law § 530. 11(1) and family Court Act § 812(1): Disorderly Conduct To charge a person in Family court this need not be committed in a public place Harassment in the 1 st & 2 nd Degree Aggravated Harassment in the 2 nd Degree Sexual Misconduct Forcible Touching Sexual Abuse in the 3 rd and 2 nd Degree-Sub 1 Stalking in the 1 st, 2 nd, 3 rd & 4 th Degree Criminal Mischief (ANY Degree) Note: This includes damage to property of another in which a person has some type of joint ownership (e. g. , marital property). Menacing in the 2 nd and 3 rd Degree Reckless Endangerment (ANY Degree) Strangulation in the 1 st & 2 nd Degree Criminal Obstruction of Breathing or Blood Circulation Assault in the 2 nd & 3 rd Degree Attempted Assault

FAMILY OFFENSE CONT. To constitute a Family Offense the following TWO must be met: The offense must be specified in the Family Court Act (List of Crimes) The Family/Household relationship between the victim and the offender must be as specified in the Family Court Act. (List of Domestic-Type Relationships) If either condition is not met, the offense is not a family Offense and must be processed in a local Criminal Court. If BOTH conditions are met, the victim has the option of proceeding in the Family Court, Local Criminal Court, or both. Persons less than 16 years of age who commits acts that would otherwise be family offenses may only be prosecuted in Family Court.

FAMILY OFFENSE CONT… When a Family Offense has been committed by a Family Member against another, and the Offender if LESS than 16 years of age Officers shall assist the victim in Petitioning the Case to Family Court OR arrest the Offender if a crime occurred. When a Family Offense has been committed by a Family Member against another, and the Offender if OLDER than 16 years of age, Officers shall Inform the victim that he/she has the option of having the Case heard in Criminal Court and/or Family Court. Criminal Court = End the Violence by prosecution. Family Court = Attempt to stop the violence, end family disruption and obtain protection by referring the defendant to counseling services and/or probation

ORDERS OF PROTECTION A civil or criminal order that provides protection to a person from another person that they are Married too, Separated from, Divorced from, Have a child in common with, Are/were in an intimate/dating relationship with (including same sex and teen couples) Or are related to by blood or marriage.

ORDERS OF PROTECTION CONT… The order directs one party (respondent) to abstain from offensive conduct against the petitioner (complainant), another party or other family members. Type – A Order of Protection: Full Stay Away Order: The respondent must abstain from harassing, stalking, annoying, and/or alarming the complainant. Additionally the respondent must refrain from having any and all communication with respondent and abstain from going with in 50 feet of complainant at all times. This includes but is not limited to all places of residence and work, as well as private and public places unless otherwise specified. Type – B Order of Protection: “Be Nice” Order: The respondent must abstain from harassing, stalking, annoying, and/or alarming the complainant. READ THE ENTIRE ORDER

DEPARTMENTAL POLICY “It is the Policy of the Town of Cicero Police Department to respond to every call involving a Domestic Dispute and to consider Domestic Violence to be Criminal Conduct, that will be Investigated and Prosecuted as any other Crime. It is the Policy of the Town of Cicero Police Department to Effect an Arrest whenever there is Reasonable Cause to believe that a Crime has been committed or that an Order of Protection has been violated. ”

INVESTIGATIVE STAGE Minimum of 2 -Officers dispatched to ALL In-Progress/just Occurred domestics. Make areal observations before approaching the scene. Look & Listen Restore Order, gaining control, & separating the involved parties Render immediate First Aid/Call EMS Services if needed Take control of ALL weapons used or threatened to be used in the incident Locate/visually check all occupants Identify parties involved and their relationships to one another Medical attention if needed Back up officers if needed Interview all parties and witnesses, separate if possible Probable cause that a crime occurred, Orders of protection, Physical Evidence, Statements if needed

INVESTIGATIVE STAGE CONT…. Determine whether an offense has been committed, an arrest should be made, or an action should be taken If an arrest is made advise the victim that release of the suspect may occur If no arrest is made, recommend one of the party leave Advise the victim of services Shelter, safe house, hospital, and provide the Victims Rights Notice Collect potential evidence: Photographs of scene, injuries, destruction of property, etc. Collect statements, spontaneous utterances, witnesses recollections.

WHEN TO ARREST ON A OOP Obtain the details of what had happened. Does the incident violate the Order of Protection? If probable cause to believe a violation of a valid order of protection has been committed, attempt to locate and arrest the suspect immediately!!!! Search the area and surrounding areas Obtain information in locating the suspect from the parties on scene, witnesses, bystanders, acquaintances Conduct an investigation, or refer to proper unit for follow-up Advise the victim, witnesses, bystanders and acquaintances to notify Police if the offender returns. If practical, obtain a written statement from the victim BEFORE leaving the scene describing the incident.

INVESTIGATIVE STAGE CONT…. Provide assistance to the victims, children, and other family or household members Inform them of the legal and social assistance available Asses the safety and welfare of children Take any and all options to protect and assist the victim Stay at the scene until it is rendered safe and the immediate threat of violence is no more Provide the victim with referral information Assist with arranging the victim and other household parties to a safe place

ARREST PROCEDURES FELONY Reasonable cause to believe that an individual has committed a Felony, the Officer shall not attempt to reconcile or mediate but shall physically arrest the offender, even if the victim requests otherwise. MISDEMEANOR/VIOLATION (Committed in the Officers Presence) Reasonable cause exists to believe that an individual has committed a misdemeanor/violation in the Officers presence against the victim, the Officer shall no attempt to reconcile or mediate, but shall physically arrest the offender, with or without the consent of the victim.

ARREST PROCEEDURES CONT. . MISDEMEANOR (Not Committed in the Officers Presence) Reasonable cause exists and the victim desires prosecution = arrest the offender If reasonable cause exists and the victim does not desire prosecution = attempt to reconcile or mediate, OR arrest the offender if he/she feels the situation dictates an arrest. Officer should attempt to get at least an oral omission, but preferably a written statement from the victim stating what happened. If a non-family offense (in other words not an offense which is a mandatory arrest offense) is committed the victim can sign a no prosecution form. *******If a Family offense is committed and the victim on his or her own volition without any inquiry by the officer initiates a request to forego the arrest, the officer can choose to either make the arrest or have the victim sign a non-prosecution form*****

ARREST PROCEDURES CONT. VIOLATION OF ORDER OF PROTECTION Reasonable cause to believe that a violation of the order of protection has occurred = physically arrest the offender, even if the victim requests otherwise. VIOLATION (Not Committed in the Officers Presence) If there is reasonable cause to exist and the victim does not desire prosecution = may attempt to reconcile or mediate If there is reasonable cause to exist and the victim desires prosecution = ttake a statement from the victim and have them sign a Accusatory Information to either be executed immediately or forwarded to the courts for review. If there is no reasonable cause to exist BUT the victim is animate in pressing charges = take a statement from the victim and forward the entire case to the courts for a criminal summons. If probable cause does not exist for an immediate lawful arrest and the victim desires prosecution, the Officer may take a statement from said victim and have the victim sign an Accusatory Information at which time the complaint will be forwarded to the courts for review and a criminal warrant/summons could be issued for the arrest of the offender on a later date.

AFTER THE ARREST o When a person is arrested for an alleged family offense or an alleged violation of an order of protection, such person shall be brought before a local criminal court in the county of arrest. o An appearance ticket may be issued for good cause only with the approval of a supervisor or order of the court. o *******Reasons for issuing the appearance ticket will be documented in your report. o *******An appearance ticket CANNOT be issued when the arrest is for a violation of an Order of Protection. ****

APPLICATION FOR WARRANT OR SUMMONS In incidents where there is probable cause to believe that a crime or violation has been committed an arrest of suspect is authorized but the suspect cannot be located: Immediately complete and submit the case to the court for a warrant or criminal summons Temporary Order of Protection may be issued

RELEASE FROM CUSTODY When the defendant has been arrested & taken into physical custody, & the victim decides they do not wish for the defendant to be arrested, DO NOT released them for that reason alone. Proceed with the investigation based on the PROBABLE CAUSE to believe that a crime or offense (in your presence) in fact has been committed If a crime or offense did not occur and the victim does not desire prosecution the defendant may be released If the defendant suffers from a serious, life threatening, or protracted illness/injury not sustained in the arrest process notify a supervisor. The supervisor will be able to determine if the defendant shall be issued an appearance ticket and released rather than kept in custody

FIREARMS Upon arresting an individual for a Family Offense Determine if the individual has a pistol permit If so, document that in your report Notify the arraignment judge of such information Finished Report will be forwarded to the NYS Pistol Permit Unit for review If a firearm was used/threatened to be used in the course of the Domestic, seize the gun as evidence and take all other weapons from that location and secure for safekeeping.

AT THE COMPLETION OF A CALL Obtain the information from all of the parties involved Check the Registry for Orders of Protection. Give a Victim’s Rights Notice Two copies, the Officer and the Victim sign both, a copy is kept for the Officers records and a copy if given to the victim If the victim is 65 year of age or older a copy of the report will be sent to Adult Protective Services Any incident where there are children present under the age of 16 and a violent incident has occurred a copy of the report will be sent to Child Protective Services. Complete a Domestic Incident Report

REPORTS What to have in the report: Pedigree information Both parties information Date, time, location What happened? Told by each party the way they remember it Solution to the situation? Arrest, CPEP, Hospital? One Party leaves the scene? Both parties stay? (Not the ideal choice)

TYPES OF CALLS Both parties on scene? One party on scene, other has left? Incident occurred over the phone/internet? *******Changing the status of the call: no more of that, if it is a domestic, keep it a domestic, and if it did not occur, clear it a 4 or a 7. If a dispute occurred between two people that have a domestic-type relationship, then it is a domestic. END OF STORY.

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