Policy Text
KISSIMMEE POLICE DEPARTMENT
General Order 414
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414.01 Procedure 414.11 Follow-up Investigations
414.02 Authority 414.12 Care for Dependents or Elderly Persons
414.03 Documentation 414.13 Victim Support
414.04 Initial Response 414.14 Supervisor Review
414.05 Responsibilities and Duties 414.15 Department Members
414.06 Probable Cause 414.16 Departmen t Notification
414.07 Violation of Injunction 414.17 Weapons Possession
414.08 Service of Injunctions 414.18 Duty to Report
414.09 Referrals 414.19 Arrest of Outside LEO
414.10 Special Needs Victims
Policy: It is the policy of the Kissimmee Police Department, in accordance with sections of
Florida Statutes, to establish a response guideline to incidents involving Domestic Violence.
It is our goal to reduce the incidence and severity of Domestic Violence through the support
of law enforcement and community service s. The Kissimmee Police Department is
dedicated to building strong cases for prosecution as well as promoting officer and victim
safety.
414.01 Procedure: Florida Statute Chapter 784 is the substantive section containing domestic
violence procedures. Officers shall have a working knowledge of the content s of that section to
effectively investigate and process domestic violence complaints. “ 741 – Domestic Violence” is
not a proper charging statute. The proper charge shall relate the specific elements of the offense .
Some examples of proper charges are:
a. 784.011 Domestic – Assault;
b. 784.021 Domestic – Aggravated Assault;
c. 784.03 Domestic – Battery; Felony Battery;
d. 784.041 Domestic – Strangulation;
e. 784.045 Domestic – Aggravated Battery;
f. 784.048 Domestic – Stalking;
g. 787.01 Domestic – Kidnapping;
h. 787.02 Domestic – False Imprisonment; and
i. 741.31 Domestic – Violation of an Injunction for Protection against Domestic Violence;
Title: Domestic Violence
Effective Date: July 1, 2015 Revised Date: July 14, 2021
Review Authority : Criminal Investigations
Division Captain Scope: All Employees
KISSIMMEE POLICE DEPARTMENT
General Order 414
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414.02 Authority: Florida Statutes authorize arrest, without a warrant, for domestic violence,
repeat violence, violation of an injunction, or violation of a foreign protection order.
Case law authorizes an officer to make a warrantless entry when exigent circumstances exist, and
there is cause for concern for the safety of anyone inside the home.
414.03 Documentation: In every case of rep orted domestic violence, whether an arrest is made
or not, the officer shall document the inve stigation and the action taken i n an offense report,
which shall clearly indicate the incident was domestic. In instances in which domestic violence is
reported, the classification of the report shall be Domestic Violence.
A copy of a Victim or Witness Rights Brochure shall be given to the victim . The victim shall
sign the receipt form and the officers shall attach the form to the report.
If the officer decide s not to make an arrest, or to arrest two or more parties, the explanation as to
why the officer did not arrest or arrested two or more parties shall be clearly articulated in the
report.
The officer should determine the nature and extent of all injuries , including defensive wounds .
When injuries are apparent, the officer shall include a detailed description of the injuries in the
report. If no injuries are visible, but injury is claimed , this should also be noted in the report.
The officer shall also take photographs of the claimed injuries and advise the victim that follow -
up photographs should be taken by the Department within two to three days. Photographs shall
be entered into evidence, in accordance with General Orders.
Whenever possible, the off icer shall obtain written statements from the victim and any witnesses
concerning the alleged domestic violence. Written statements shall be attached to the report. The
offense report must include a statement that the officer provided the victim a Victim o r Witness
Brochure.
The offense report shall include the names and birth dates of any children present, and/or living
in the household. If there are any children present or children live in the household, the
investigating officer , or designee , shall rep ort the incident to the Florida Abuse Hotline . Any
reports to the Florida Abuse Hotline shall be documented in the incident report.
In the offense report, the officer shall include the name and ID number of the telecommunicator
who answered the incoming telephone call. If the incoming telephone call was recorded, a copy
of the recording shall be obtained an d submitted into evidence .
When possible, the following information should be obtained and documented in the written
report:
a. A list of all officers at the scene;
b. The name of any medical provider s, including EMS personnel;
KISSIMMEE POLICE DEPARTMENT
General Order 414
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c. Any threats made by offender to victim or children including threats to kill pets, any
history of abuse, or any past or present substance abuse;
d. Information regarding any in junction s that are in effect; and,
e. Any information that may be relevant for bond