54253865.pdf

\n\n--- Page 1 ---\n\nTITLE ACCREDITATION CALEA Domestic Violence and Dating Violence 55.1.1(a-e), 55.2.1(a-b), 55.2.2, Investigations 55.2.3(a-d), 55.2.4(a-f), 55.2.5 PRIOR REVISIONS , PROPONENT UNIT 03/23/10, 03/24/14, 04/22/20, 12/09/21 Criminal Investigations Division (CID), District 1, District 2 ATTACHMENT: 0 NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 40.6 07/01/98 06/27/2023 19 I. PURPOSE: The purpose of this order is to provide Department members with a set of procedures for investigating and reporting domestic violence and dating violence. This order includes provisions of FSS 741.29 and FSS 784.046. II. POLICY: Domestic violence, which includes physical force, the threat of such force, emotional trauma and physical suffering, is a serious societal problem which cuts across racial, ethnic, religious, gender, age, disability, and economic lines. Everyone involved, whether victim, perpetrator, or witness, is affected by it. Domestic/Dating violence abusers, if not punished, may repeat the behavior. Effective policies in this area combining arrest, detention, prosecution, punishment, and viable intervention programs reduce recidivism and domestic homicides. The Gainesville Police Department shall thoroughly investigate incidents of domestic violence and dating violence to protect its victims and provide them with support services. The Department has a pro-arrest policy and, when probable cause is established during an investigation, arrests shall be made unless exigent circumstances exist, or in instances of sibling violence outlined in Section F.2 of this policy. To promote member safety and to reduce the incidence and severity of these crimes, the Department shall prepare its members to respond to and effectively deal with domestic violence and dating violence calls for service. The Gainesville Police Department shall attempt to identify victims of domestic violence in potentially lethal situations. The Lethality Assessment Program (LAP) shall be used at the scene of a domestic violence incident to assist members in identifying high risk situations and follow the established criteria to place the victim in direct contact at the scene with a domestic violence program counselor. [CALEA 55.1.1.a] III. DEFINITIONS: Domestic Violence: (FSS 741.28): Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. (Child abuse is usually charged separately). Family or household member includes:  Spouses,  Former spouses, 1\n\n--- Page 2 ---\n\n• Persons related by blood or marriage, • Persons who are presently residing together as if a family or who have resided together in the past as if a family. This includes same-gender relationships. • Persons who have a child in common regardless of whether they have been married and regardless of whether or not they have resided together as a family. • With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. FSS 741.28 Dating Violence: FSS 784.046(1)(d): Violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:  A dating relationship must have existed within the past 6 months;  The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and  The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Note: The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. Lethality Assessment Program (LAP): A two-pronged intervention process that features a lethality screening tool and an accompanying protocol referral that provides direction for members to initiate appropriate action based on the results of the screening process. Domestic/Dating Violence Lethality Screen for First Responders (DVL Screen): An eleven question checklist designed to predict danger and lethality to a domestic/dating violence victim. Specific responses trigger the “protocol referral,” which directs the member to place the victim in direct phone contact with a domestic violence program counselor. IV. PROCEDURE: A. Investigating Domestic/Dating Violence: Members initially assigned to investigate domestic/dating violence shall thoroughly and properly conduct an investigation, which shall include an initial assessment, an on-scene investigation, and a follow-up. 1. Assessment: Member(s) shall respond promptly to the scene and make an initial assessment to include: i. Determining the presence/involvement of actual or potential weapons, and securing them; ii. Separating the combatants and/or de-escalating the situation; iii. Ensuring the safety of children, the elderly, or other third parties; 2\n\n--- Page 3 ---\n\niv. Providing/summoning medical treatment, when needed; v. Requesting an interpreter, if needed, for foreign language or hearing-impaired citizens; a. Family, Friends, and Bystanders: In other than exigent circumstances, GPD personnel should only use family, friends, or bystanders for interpreting in very informal, non- confrontational contexts, and only to obtain basic information at the request of the LEP individual. b. Using family, friends, or bystanders to interpret could result in a breach of confidentiality, a conflict of interest, or an inadequate interpretation. Barring exigent circumstances, GDP personnel should not use a minor to provide interpreter services. c. Department members shall refer to the procedures set forth in General Order 40.38 LEP Guidelines vi. Notifying a Crime Victim Advocate, when applicable. a. Factors to consider when deciding whether to request a response include: 1). The presence of/effect on children at the scene; 2). The presence and extent of injuries; 3). Whether or not arrests were made; 4). The degree of trauma the victim(s)/witness(es) may have suffered; level of fear in the home; 5). The benefit of having a neutral party to assist in calming the scene. 6). Extraordinary circumstances which may include the presence of a special response group. b. The Crime Victim Advocate may, when needed, respond to the scene, hospital or other indicated location. Be sure to advise the Crime Victim Advocate whether you need an immediate response, a delayed response (due to changing locations, or other time considerations), or a follow- up contact. c. For assistance during regular business hours, members may contact the Department’s Victim Advocate in the Investigations Bureau’s Domestic Violence Unit. The Domestic Violence Unit will also handle all dating violence investigations. 3\n\n--- Page 4 ---\n\nd. After-hours assistance may be received by having Communications personnel contact the on-call advocate. vii. Notifying Detectives: The shift commander or designee shall determine the necessity of notifying or calling-out detectives and/or the Investigations Bureau Commander. 2. Initial Investigation Procedures: Member(s) shall collect information by conducting an investigation, which shall (when applicable) include the following tasks: i. Take verbal and/or written statements of involved parties, keeping in mind the advising of rights, when appropriate; a. Note anything the suspect says. Excited utterances and/or spontaneous statements may be admissible at trial and may be essential. b. Members shall obtain written statements fr