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21.2 CIVIL PROCESS Page 1 of 6 EDGEWOOD POLICE DEPARTMENT GENERAL ORDER # 21. 2 CIVIL PROCESS Effective Date: July 1, 2024 The purpose of this policy is to establish the procedures for the issuance of civil process. This policy contains the following numbered sections: I. Scope II. Definitions III. General IV. Service of Process V. Violation of Pre -Trial Release VI. Criminal Violation of Injunction VII. Possession of Firearms / Ammunition I. SCOPE This policy deals with the service of Domestic Violence Injunctions , Dating Violence Injunctions and Orders of Protection by officers. The primary concerns are victim safety and offender accountability. II. DEFINITIONS A. Certified Copy of Injunction : An injunction that has an original seal, typically in red ink. B. Domestic Violence Injunction : An injunction that may be issued against a spouse or former spouse, a person related by blood or marriage, a person that they are presently living with or have formerly lived with, as if a family, or against someone with whom they have a child in common, regardless of whether they were ever married or lived with them. C. Dating Violence Injunction : An injunction that may be issued against an individual (Respondent) with whom the victim (Petitioner) has or has had a continuing and significant relationship of a romantic or intimate nature within the past six months. Dating violence does not include violence in a casual acquaintanceship or violence between individuals who have only socialized in a business or social context. D. Dome stication of Injunctions : The domestication of an injunction is the registration of a foreign (out of state) injunction, which has already been served in the other jurisdiction. This only has to occur following the service of the injunction, unless it 21.2 CIVIL PROCESS Page 2 of 6 deal s with child custody matters. In these cases, the injunction has to first be domesticated or registered by the court. E. No Contact Order : An order that is issued at first appearance by a judge for Domestic Violence -related cases that prohibits the suspect (a rrestee) from having contact with the victim as a condition of release (pre -trial) while out on bond. F. No Hostile Contact Order : This order allows the suspect or arrestee to have contact with the victim without hostile behavior. G. Repeat Violence Injunction : An injunction that may be issued if someone has committed two separate acts of violence or stalking, one being within the last six months. These injunctions are available to those individuals not covered by the Domestic Violence Injunctions. III. GENERAL A. Civil process service or execution by officers shall be limited to the service or execution of Domestic Violence Injunctions and Orders of Protection within the geographical jurisdiction of the Edgewood Police Department. Officers ar e not authorized or empowered to serve or execute any other court ordered civil process. B. Service of the civil process may be made on any day of the week and at any time of the day or night. C. Only sworn officers may serve civil process. D. Officers shall not use force to serve or execute civil process or to use force to prevent the recipient from leaving during attempted service or refusal of service. E. Nothing in this directive is intended to prevent officers from using that degree o f force necessary to defend themselves or other persons from bodily harm , to prevent as escalation of violence, or to lawfully overcome resistance in accordance with agency policy. IV. SERVICE OF PROCESS A. The following procedure shall be followed when officers are serving civil process: 1. The person seeking service of the civil process shall contact the agency and request an officer to respond to the scene 2. The call may be received either through the Orange County Sheriff’s Office Communications Center via radio dispatch or directly at the station via telephone 3. The officer shall respond to the scene and meet with the complainant a. The complainant shall give the officer the civil process to be served b. The officer shall ensure that the complainant understands the officer’s role in the service of the civil process 1. The officer’s role is to ensure that the respondent is legally served with the process 2. The officer should remind the c omplainant and respondent that he/she is a law enforcement officer and 21.2 CIVIL PROCESS Page 3 of 6 not an attorney and that he/she cannot and will not provide legal advice 4. The officer shall ensure that the process to be served meets the criteria for servi ce by a police officer a. The civil process must be addressed to all law enforcement officers to serve b. If the civil process does not specifically direct service by all law enforcement officers the complainant shall be referred to the Orange County Sheriff’s Office for service c. The location of service must be within the city limits of Edgewood 5. The officer shall advise the respondent of the nature of the civil process a. The process must be served directly face -to-face on the respondent b. The officer shall read the judge’s specific order to the respondent so that he/she understands the contents of the process/order 6. The officer shall give a copy of the process to the respondent 7. The officer sh all complete the necessary information stamped on the process to include the date and time of service and the name of the officer serving the process 8. The complainant