199

Date: 09/09/81 Revision: 04/21/11 Reviewed: 04/01/25 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCED URE Number: GEN 514.00 Page: 1 of 3 SUBJECT: CIVIL DISPUTES AND CIVIL COURT ORDERS I. PURPOSE: The purpose of this standard operating procedure is to define guidelines for governing official actions of deputies serving non -criminal court orders and investigating civil disputes and criminal disturbances. II. SCOPE: This shall apply to Sheriff’s Off ice deputies who process non -criminal court orders and an swer civil disputes. III. DISCUSSION: The role of law enforcement officers in non -criminal civil disputes is that of an impartial keeper of the peace. Deputies should maintain neutrality in civil disputes. The role of law enforcement officers in criminal disturbances is to restore order and to make necessary arrests for violations of the law. IV. DEFINITIONS: A. Civil Dispute - A confrontation concerning a disputed matter between two (2) or more persons that does not involve a breach of the peace or the commission of a criminal act. B. Criminal Disturbance - A confrontation between two (2) or more persons that involves a breach of the peace, potential for violence, misdemeanor assault, battery , and/or related felony. C. Court Order - An order or judgment issued by a court of competent jurisdiction in and for Hillsborough County, or any other Florida court. D. Foreign Court Order - An order or judgment issued by a court outside of the State of Florida. NOTE: The local certifications by the Clerk o f the Court of Hillsborough County of a foreign order do not validate the order as a local court order. V. PROCEDURES - CIVIL DISPUTES: A. When deputies are requested to stand by to prevent an assa ult, battery, or breach of the peace while personal articles such as clothing or grooming aids are removed from premises, deputies shall adhere to the following: 1. Deputies shall remain on public property or on public right -of-way unless admitted onto pr ivate property by all legitimate claimants of such premis es, until or unless there is a violation of law. 2. When entry onto private premises and/or the removal of property is denied to a claimant by another who is in possession: a. The deputy shall advis e the claimant that personal property claims shall not be enforced by Sheriff's personnel without a court order. GEN 514.00 04/21/11 Page 2 of 3 b. If attempts are made to recover personal property over the objection of another and misdemeanor batteries occur outside the deputy's presenc e it may be cause for a warrantless criminal arrest. Mis demeanor assaults shall not , unless it meets the domestic violence definition per F.S.S. 741.28 . c. If a confrontation between two or more persons develops into an affray or a breach of the peace, al l disputants committing criminal violations shall be subject to arrest. d. The claimant may not trespass upon the property of another for purposes of removing or recovering personal property without specific authority in a court order. B. Domestic or Neig hborhood Disputes 1. In domestic or neighborhood dispute s, a deputy shall: a. Park in a manner that allows safe approach and an opportunity to evaluate the situation. b. Separate and interview disputants in a calm and unbiased manner. c. Encourage disput ants to offer or suggest alternatives for resolving the dispute. d. Maintain third party neutrality while attempting to restore communication between disputants. C. Court Orders 1. Deputies shall enforce only current court orders that specifically direct the Sheriff, or his duly constituted deputy, to execute the order or judgment. a. After a court order has been served, violations of the order that occur after service must be reported by the complainant to the court that issued the order. b. Enforcement of violations of a court order, with the exception of Domestic Violence Injunctions, must originate from the court with appropriate jurisdiction. Other than situations involving Domestic Violence Injunctions, deputie s shall not make warrantless arrests for violations of civil court orders, unless the order has specific language to produce the violator "instanter" to the court. c. A conditional court order that orders the arrest of a person shall not be executed unless the order is current and reasonable e fforts to verify the order and its provisions can be established at the time of arrest. 2. Orders or judgments from foreign jurisdictions other than the State of Florida shall not be enforced unless a local court orde r has been initiated incorporating the provisions of the foreign court order. VI. PROCEDURES - CRIMINAL DISTURBANCES: A. In violent or felony disturbances, or when weapons are involved, at least two (2) patrol units shall be dispatched. When a secondary patrol unit is not available for dispatch, a supervisor, detective, or civil deputy shall be dispatched to assist. 04/21/11 GEN 514.00 Page 3 of 3 B. In violent or felony disturbances, or when weapons are involved, responding units should coordinate the timing o f their arrival, if possible. C. The responding units shall