DOMESTIC VIOLENCE BY POLICE OFFICERS Model Policy July 2003 PURPOSE This policy recognizes that the profession of law enforcement is not immune from members committing domestic violence against intimate partners. The purpose of this policy is to establish procedures for handling acts of domestic violence committed by police officers and for implementing prevention strategies. This policy will provide police executives, officers, and all department employees guidance in addressing incidents where one (or more) party to a reported domestic violence incident is an employee, whether sworn or civilian, of any rank in the department. POLICY This policy offers a comprehensive, pro-active approach to domestic violence by police department employees with an emphasis on victim safety. It delineates a position of zero tolerance by the department. It is imperative to the integrity of the profession of policing and the sense of trust communities have in their local law enforcement agencies that leaders, through the adoption of clear policies, make a definitive statement that domestic violence will not be tolerated. In the process of implementing this policy, the department should review the records of all employees to determine whether convictions for qualifying misdemeanor crimes of domestic violence *(MCDV) or valid protection orders exist. If an employee is found to have a MCDV or is the subject of a qualifying protection order, department legal counsel and/or city/county attorney shall be consulted immediately regarding continued employment or duty assignment. Federal law prohibits police officers convicted of qualifying misdemeanor domestic violence crimes from possessing firearms. Officers found guilty of a qualifying domestic violence crime through criminal proceedings shall be terminated. DEFINITIONS "Domestic violence" refers to an act or pattern of violence perpetrated by a police officer upon his or her intimate partner not done in defense of self or others, including but not limited to the following: Bodily injury or threat of imminent bodily injury Sexual battery Physical restraint Property crime directed at the victim Stalking Violation of a court order of protection or similar injunction Death threats or death An “intimate partner” of a police officer is any person who meets one or more of the following criteria: Is or was legally married to the police officer
Where allowable under federal, state, or local ordinances, all other firearms owned or at the disposal of the accused officer shall be seized for safety reasons. The command officer shall inquire whether the victim wants any firearms removed from the home for safekeeping by the department and make arrangements as necessary. The on-scene supervisor shall ensure the victim is informed of the following: The judicial process and victim rights The department’s policy on police officer domestic violence, procedures and responsibilities as they apply The standard of probable for arrest Procedures for obtaining protective orders Victim compensation The availability of an on-scene advocate The availability of confidential transportation to a location that can provide improved victim safety Community resources and local domestic violence victim service The option to remove firearms for safekeeping Whenever a police officer involved domestic violence call does not result in an arrest or a warrant is not sought, the on-scene supervisor shall explain in a written report. The on-scene supervisor shall notify the chief and the accused officer's immediate supervisor as soon as possible. In the event that the officer is from another jurisdiction, the supervisor shall ensure that the accused officer's chief is notified. All notifications, and attempts to notify, shall be fully documented. Additional Critical Considerations When responding to a domestic violence complaint involving a police officer from another jurisdiction, all responding officers, investigators, and supervisors follow the same procedures that are to be followed in responding to a domestic violence complaint involving an officer from their own department. In the that the reported incident involves the chief of police or commissioner, the supervisor shall immediately notify the district/state's attorney and the individual in government who has direct oversight for the chief, for example, the mayor. In responding to domestic violence incidents where the victim is a police officer, standard domestic violence response and investigation procedures should be followed. In responding to domestic violence incidents where the parties involved are both police officers, standard domestic violence response and investigation procedures should be followed. After probable cause and dominant aggressor are determined, an arrest should be made and all service weapons of the accused officer confiscated. Department Follow-Up