Domestic Violence

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FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008
Policy Number
Policy 10-6
Reevaluation Date
2011
No. of Pages
1
Subject
DOMESTIC VIOLENCE
Special Instructions:
Replaces current policy Section III, Chapter I, dated 1994

  1. PURPOSE

    The purpose of this policy is to establish guidelines and procedures for investigating domestic violence incidents.

  2. POLICY

    It is the policy of the Fox City Police Department to thoroughly and objectively investigate all reported or suspected domestic abuse incidents and to make an arrest when a crime or violation has occurred.

  3. DEFINITIONS

  4. Domestic Abuse:
    Intentional infliction of physical pain, physical injury, physical impairment, illness, or a physical act that causes another person to reasonably fear imminent engagement by a person 17 years of age or older against a person 18 years of age or older who is a spouse or former spouse, a person he/she resides with or formerly resided with, or against a person 18 years of age or older with whom the person has a child in common.

    Predominant Aggressor
    The most significant, but not necessarily the first, aggressor in a domestic incident

    Mandatory Arrest
    An arrest is mandated if an officer has probable cause that a person has violated a domestic abuse law, a domestic abuse restraining order or injunction, a child abuse restraining order or injunction, a harassment order or injunction, or a foreign protection order.

  5. PROCEDURES

    1. Initial Response
      1. Officers should make a safe and tactical approach while accessing the scene.

      2. Officers should request entry into the home and ask to see the person who is the subject of the call. Officers should not reveal the caller’s identity to the suspect.

      3. If access to the victim is refused, and the officer reasonably believes the victim to be in imminent danger, officers must attempt to gain access to the victim by all legal means.

      4. Calm the situation.

      5. Determine if medical assistance is needed or desired.

      6. Determine if all people involved are still present or if someone may have left the scene.

      7. Attempt to locate people who may have left the scene.

      8. Gather preliminary information from all people present separately, including children.

    3. Mandatory Arrest Assessment

      1. Arrest is mandatory when all of the following elements from Wisconsin State Statute 968.075 are present:
        1. The officer has reasonable grounds to believe that the suspect is committing, or has committed, domestic abuse, defined as:
          1. Intentional infliction of physical pain, physical injury or illness;
          2. Intentional impairment of physical conditions;
          3. Violation of sexual assault statutes, Wisconsin State Statutes 940.225(1), (2), or (3); or
          4. A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described in 1), 2), and 3).

        3. Domestic abuse was committed by a person 17 years or older against:
          1. Spouse or former spouse;
          2. Adult, 18 years or older, with whom the person resides or formerly resided; or
          3. Adult, 18 years or older, with whom the person has a child in common.

        5. The officer has probable cause to believe the suspect’s actions constitute a crime.
        6. The officer believes that continued domestic abuse against the alleged victim is likely, and/or there is evidence of physical injury to the alleged victim.
        7. The report was received within 28 days after the alleged incident.

      3. An officer may arrest with probable cause even if it is not a mandatory arrest situation.

      4. The following factors should not be considered when making an arrest:
        1. Whether the victim will cooperate with prosecution;
        2. Relationship of the person involved in the incident;
        3. Absence of visible indications of injury or impairment;
        4. Potential financial consequences of arrest; and
        5. Verbal assurance from the suspect or victim that violence will cease.


    5. Determine the Predominant Aggressor

      1. Mandatory investigative strategies to be used in determining the predominant aggressor:
        1. a. History of domestic abuse between the parties, if the officer can reasonably ascertain it, and any information provided by witnesses regarding that history
        2. Statements made by witnesses
        3. The relative degree of injury inflicted on the parties
        4. The extent to which each person present appears to fear any party
        5. Whether any party is threatening or has threatened future harm against another party or another family or household member
        6. Whether either party acted in self-defense or in defense of any other person

      3. The decision on which person to arrest should not be based solely on the visible injuries, the victim’s history of prior complaints, or which party called the police.

      4. The arrest of more than one party is discouraged. Use dual arrest only in extreme cases when the predominant aggressor cannot be determined. Officers shall contact a supervisor for approval before making a dual arrest. The officer will document the reasons for the dual arrest in the narrative of the police report.

    7. Investigation

      1. Take written statements from the victim(s) and all witnesses separately.
        1. Document the details of the current incident.
        2. Inquire about previous incidents of verbal, physical, and sexual abuse, in addition to prior threats by the suspect towards the victim(s).
        3. Inquire about existing or prior court orders limiting contact.
        4. For child victims or child witnesses, inquire about abuse or threats towards the animals in the household.

      3. Fill out an information sheet with each of the victims and witnesses.
        1. Record a secondary phone number, such as a relative or work phone, to assist the District Attorney’s office in locating the victims and witnesses later.
        2. Record the school information for child victims and child witnesses.

      5. Victim Information
        1. Notify the victim that the decision to arrest or proceed with a criminal case in not his/her decision.
        2. Inform the victim(s) of the 72-hour no-contact provision and the right to waive it.
        3. Issue the Foxmoore County Victim Information form.
        4. Notify the victim to report to law enforcement any attempt to coerce or encourage him/her to recant or alter his/her statement.
        5. Have the victims sign medical release forms if medical treatment is needed.

      7. Collect Evidence
        1. Take photographs of the crime scene, property damage, and any injuries.
        2. At the crime scene, collect and inventory any items used as a weapon, and document any damaged property.


    9. Arrest

      1. Make the decision to arrest whether it meets the requirements for mandatory arrest or whether probable cause exists outside of mandatory arrest.

      2. Interview the suspect
        1. Fill out an information sheet with the suspect.
        2. Read the suspect his/her Miranda Rights.
        3. Give the suspect the opportunity to provide a written statement.
        4. Record any injuries sustained by the suspect.

      4. Suspect at large
        1. Reasonable efforts should be made to locate the suspect in the area or in frequented places.
        2. Send out an attempt-to-locate for the suspect.
        3. Fill out an apprehension request for the suspect.

      6. Determine all the crimes that were committed in the course of the incident.
        1. Suspects held for a felony should be held in custody pending initial appearance.
        2. Suspects arrested for a misdemeanor should be held in jail pending a bail hearing unless the person posts bail and is released.
        3. Arrest for domestic violence is prima facie evidence that the suspect poses a danger and could be held without bail as defined under Wisconsin State Statute 969.01(4).

      8. Jail personnel who release a suspect less than 72 hours after the arrest must inform the suspect orally and in writing of the requirements of Wisconsin State Statute 939.621, which involves an increased penalty for additional domestic abuse crimes committed within the 72 hours immediately following the first arrest, even if the victim is not the same.
        1. If the suspect refuses to sign for the written notice and the suspect understands the requirement, the suspect may not be released from custody, pursuant to Wisconsin State Statute 968.075(5) relating to no contact.
        2. Upon the suspect’s release, the jail staff will notify the Family Violence Center, which will attempt to notify the victim of the release.


    11. Complete the Report

      1. Fill out an incident complaint.

      2. Complete Suspect Information form.

      3. Complete Victim/Witness Information form.

      4. If the suspect is arrested, complete the booking information sheet.

      5. Supply the victim with the Victim/Witness Information.

      6. Complete all information within the documentation including a list of all crimes committed during the incident. For a suspect at large, request a warrant for the suspect.

      7. Complete details of the incident:
        1. Document the information provided in the original dispatch call as to the nature and the relationship of the caller to the parties involved.
        2. Document physical evidence at the scene and the condition of the scene.
        3. Document all injuries and include copies of medical releases.
        4. Document the suspect/victim physical factors, similar to suspect/officer factors.
        5. Document physical appearance, emotional state, and demeanor of parties involved.
        6. Document whether the parties involved were under the influence of intoxicants.
        7. Document threats of future harm to the victims and/or animals of the household.
        8. Document all statements made by the suspect before and after Miranda Rights, including utterances outside of an officer’s questions.
        9. Request a copy of the 911 tape if it contains important information not given in the statement, as in the case of an uncooperative victim.

      9. Contact the Family Violence Center to report the domestic violence incident.





This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.