Policy Text
08.08.0 PURPOSE
The purpose of this general o rder is to establish procedures for police response to calls
of domestic violence.
08.08.1 POLICY
The Concord Police Department views domestic violence as a crime that requires direct
police intervention and a coordinated community response. In arrest and non -arrest
situations, officers shall take appropriate measures to address the needs of victims of
domestic violence and to off er help to victims, offenders, and involved children. The
primary objectives are to de -escalate violent situations; reduce domestic assaults;
reduce police call -backs; reduce injuries to officers, victims and other affected parties;
and to reduce the liabi lity risks for the department.
Therefore, it shall be the policy of this department to refer abusers and victims of
domestic violence to social service, and to arrest persons found to be responsible for
crimes in domestic situations.
08.08.2 DEFINITIONS
A. BODILY INJURY
Injury that causes substantial pain to the victim or impairment of the victim’s physical
condition.
B. CRIMINAL CHARGE
For the limited purposes of this general order, a criminal charge is a formal accusation
made by a governmental authority asserting that a person has committed a criminal
offense. This includes on -view arrest, citation, criminal summons, warrant for arrest,
or indictment.
C. DATING RELATIONSHIP
As defined in NC GS 50B -1(b)(6) , a dating relationship is one wherein the parties are
romantically involved over time and on a continuous basis during the course of the
relationship. A casual a cquaintance or ordinary fraternization between persons in a
business or social context is not a dating relationship.
CONCORD POLICE DEPARTMENT
GENERAL ORDER
DOMESTIC VIOLENCE
GENERAL ORDER: 08.08 CREATED: December 1, 2000 ISSUE DATE: September 11, 2024
CALEA STANDARD: EFFECTIVE DATE: September 11, 2024
ACTION: Amends general order dated October 1, 2022 .
General Order 0 8.08 DOMESTIC VIOLENCE Page 2 of 8
D. DOMESTIC VIOLENCE
The commission of one or more of the following acts upon an aggrieved party or
upon a minor child residing with or in the custody of the aggrieved party by a person
with whom the aggrieved party has or has had a personal relationship, but does not
include acts of self -defense :
1. Attempting to cause bodily injury, or intentionally causing bodily injury ;
2. Placing the aggrieved party or a member of the aggrieved party's family or
household in fear of imminent serious bodily injury or continued harassment , as
defined in NC GS 14 -277.3A , that rises to such a level as to inflict substantial
emotional distress ;
3. Committing any act defi ned in NC GS 14-27.21 through NC GS 14 -27.33.
E. DOMESTIC VIOLENCE PROTECTIVE ORDER ( AOC CV 306 )
This order is issued after a court hearing in which the District Court Judge rules that
the defendant must stay away from the plaintiff. This order is valid for one year
from the date of issue.
F. EX-PARTE DOMESTIC VIOLENCE ORDER ( AOC CV -304 AND AOC CV -305)
Emergency Relief Order signed by a District Court Judge stating that the matter has
been filed with the Cl erk of Court and reviewed by him or her. This order gives the
party relief until a hearing can be conducted in District Court. This order is valid until
the day of court and may be continued by the Judge to allow the person time to hire
an attorney.
G. INTIMATE PARTNER RELATIONSHIP
A spouse or former spouse, persons who share a child in common, a person who lives
with a partner as a spouse, or persons in a dating relationship as defined in section
08.08.2(D).
H. PERSONAL RELATIONSHIP
As defined in NC GS 50B -1(b), a relationship wherein the parties involved are current
or former spouses; are persons of the opposite sex who live together or have lived
together; are related as parents and children, including others in loco parentis to a
minor child, or as grandparents and grandchildren; have a child in common; are
current or former household members; are persons of the opposit e sex who are in a
dating relationship or have been in a dating relationship.
I. PROBABLE CAUSE
A standard of proof based on facts that would cause a reasonable person to conclude
that it is probably true (more likely than not) that a crime has been com mitted and
that the person to be arrested has committed the crime, or that evidence of the
crime exists in the place to be searched.
General Order 0 8.08 DOMESTIC VIOLENCE Page 3 of 8
J. SELF-DEFENSE
Justifiable use of physical force upon another person when he/she believes such force
is necessary to defend him/herself or a third party from what is reasonably believed
to be the use, or imminent use, of unlawful physical force by that other person.
08.08.3 GENERAL PROCEDURES
A. CUSTOMER SERVICE TEAM PROCEDURES
1. A member of the Customer Service Unit shall be responsible for entering
Domestic Violence Protective Orders into the records management system
(R