Policy Text
DOMESTIC, SEXUAL, AND REPEAT VIOLENCE POLICY
EFFECTIVE DATE: 11/01/94 STANDARD NO. 019 REVISED: 06/25/18
REPLACES: SOP Domestic Violence 04-02.1-11 – Rev. 01/01/03; Rev. 06/05/05____________
OBJECTIVE: To provide guidelines and procedures concerning domestic violence calls, and to
reduce the incidence and severity of domestic violence, provide them with support
through a combination of law enforcement and community services, and bring the
perpetrators of domestic violence under the control of the criminal justice system
POLICY: It is the policy of the Homestead Police Department (HPD) to actively pursue
domestic violence investigations. An arrest shall be the preferred response in
situations in which probable cause exists. High priority shall be assigned to ensuring
victim safety and referral to appropriate services.
SCOPE: All sworn personnel of this Department shall be governed by the procedures set
forth below.
I. DEFINITIONS:
A. The following definitions are found in Florida State Statutes 741.28, 741.31, 784.046, and
784.048.
1. "Domestic violence" is defined as 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.
2. "Family or household member" is defined as spouse(s), former spouse(s), person(s)
related by blood or marriage, person(s) who are presently residing together (as if a
family), or who have resided together in the past (as if a family), or person(s) who
have a child in common regardless of whether they have been married been
married. 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.
3. “Dating violence” means 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:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the
expectation of affection or sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the
relationship must have included that the persons have been involved over
Domestic, Sexual, and Repeat Violence Policy– SOP#
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.
4. “Repeat violence” means two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the filing of the
petition, which are directed against the petitioner or the petitioner’s immediate
family member.
5. “Stalking” is defined as the willful, malicious, and repeated following, harassing, or
cyber stalking of another person. Aggravated stalking occurs when that person
makes a credible threat through stalking.
6. “Sexual Violence” is defined as one incident of sexual battery, a lewd and
lascivious act committed on or in the presence of a person under the age of 16,
luring or enticing a child as described in FS Chapter 787, sexual performance by
a child, or any other forcible felony where a sexual act is attempted or committed.
7. “Violence” means any assault, aggravated assault, battery, aggravated battery,
sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false
imprisonment, or any criminal offense resulting in physical injury or death, by a
person against any other person.