Policy Text
Policy
316Fremont Police Department
Domestic Violence
316.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce
domestic violence through vigorous enforcement and to address domestic violence as a serious
crime against society. The policy specifically addresses the commitment of this department to take
enforcement action when appropriate, to provide assistance to victims and to guide officers in the
investigation of domestic violence.
The Fremont Police Department's response to incidents of domestic violence and violations of
related court orders shall stress enforcement of the law to protect the victim and shall communicate
the philosophy that domestic violence is criminal behavior. It is also the policy of this department
to facilitate victims' and offenders' access to appropriate civil remedies and community resources
whenever feasible. In responding to domestic violence incidents, including mutual protective
order violations, officers should generally be reluctant to make dual arrests. Officers shall make
reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is
the person determined to be the most significant, rather than the first, aggressor. In identifying the
dominant aggressor, an officer shall consider:
(a)The intent of the law to protect victims of domestic violence from continuing abuse.
(b)The threats creating fear of physical injury.
(c)The history of domestic violence between the persons involved.
(d)Whether either person involved acted in self-defense.
316.1.1 DEFINITIONS
The Fremont Police Department "Domestic Violence" policy is drafted in compliance with
guidelines established and approved by the Commission on Peace Officer Standards and
Training. The following definitions are provided by Penal Code § 13700:
Abuse - means intentionally or recklessly causing, or attempting to cause, bodily injury, or placing
another person in reasonable apprehension of imminent serious bodily injury to himself/herself
or another.
Domestic Violence - is abuse committed against an adult or fully emancipated minor who is a
spouse, former spouse, cohabitant, former cohabitant, or a person with whom the suspect has
had a child or had a dating or engagement relationship.
Court order - All forms of orders related to domestic violence, that have been issued by a court of
this state or another, whether civil or criminal, regardless of whether service has been made.
Cohabitant - means two unrelated adult persons living together for a substantial period of time,
resulting in some permanence of relationship. Factors that may determine whether persons are
cohabiting include, but are not limited to:
(a)Sexual relations between the parties while sharing the same living quarters
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(b)Sharing of income or expenses
(c)Joint use or ownership of property
(d)Whether the parties hold themselves out as husband and wife or spouses
(e)The continuity of the relationship
(f)The length of the relationship
The above definition of cohabitant is used for the application of enforcing Penal Code §273.5.
Family Code § 6209 expands the definition of cohabitant to include a person who regularly resides
in the household for the application of enforcing Penal Code § 836(d).
Officer/Deputy - means any law enforcement officer employed by a local police department or
sheriff's department, consistent with Penal Code § 830.1.
Victim - means a person who is a victim of domestic violence.
316.2 POLICY
The Fremont Police Department's response to incidents of domestic violence and violations of
related court orders shall stress enforcement of the law to protect the victim and shall communicate
the philosophy that domestic violence is criminal behavior. It is also the policy of this department
to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources
whenever feasible.
The investigation of domestic violence cases often places officers in emotionally charged and
sometimes highly dangerous environments. No provision of this policy is intended to supersede
the responsibility of all officers to exercise due caution and reasonable care in providing for the
safety of any officers and parties involved.
316.3 OFFICER SAFETY
The investigation of domestic violence cases often places officers in emotionally charged and
sometimes highly dangerous environments. No provision of this policy is intended to supersede
the responsibility of all officers to exercise due caution and reasonable care in providing for the
safety of any officers and parties involved.
316.3.1 FELONY AND MISDEMEANOR ARRESTS
In accordance with state law, an arrest should be made when there is probable cause to believe
a felony has been committed.
In accordance with state law, an arrest should generally be made when there is probable cause
to believe a misdemeanor has occurred.
(a)Police officers may make an arrest without a warrant for a misdemeanor assault or
battery not committed in his/her presence when it is committed upon:
1.A current or former spouse.
2.A current or former cohabitant (Family Code § 6209 definition).
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3.A fiancé or fiancée.
4.A person with whom the suspect currently is having or has previously had an
engagement or dating relationship.
5.A person with whom the suspect has parented a child.
6.A child of the suspect or a child of one of the above listed categories.
7.Any person who is 65 years of age or older and who is related to the suspect
by blood or legal guardianship.
(b)Both of the