Policy Text
Policy
320Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDomestic Violence - 1Domestic Violence
320.1 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.
320.1.1 DEFINITIONS
Definitions related to this policy include:
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.
320.2 POLICY
The Mountain View 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.
320.3 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.
320.4 INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic violence
cases:
(a)Calls of reported, threatened, imminent or ongoing domestic violence and the violation
of any court order are of extreme importance and should be considered among the
highest response priorities. This includes incomplete 9-1-1 calls.
(b)When practicable, officers should obtain and document statements from the victim, the
suspect and any witnesses, including children, in or around the household or location
of occurrence.
(c)Officers should list the full name and date of birth (and school if available) of each
child who was present in the household at the time of the offense. The names of other
children who may not have been in the house at that particular time should also be
obtained for follow-up.
Mountain View Police Department
Mountain View PD Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDomestic Violence - 2(d)When practicable and legally permitted, video or audio record all significant statements
and observations.
(e)All injuries should be photographed, regardless of severity, taking care to preserve
the victim’s personal privacy. Where practicable, photographs should be taken by a
person of the same sex. Victims whose injuries are not visible at the time of the incident
should be asked to contact the Investigative Section in the event that the injuries later
become visible.
(f)Officers should request that the victim complete and sign an authorization for release
of medical records related to the incident when applicable.
(g)If the suspect is no longer at the scene, officers should make reasonable efforts to
locate the suspect to further the investigation, provide the suspect with an opportunity
to make a statement and make an arrest or seek an arrest warrant if appropriate.
(h)Seize any firearms or other dangerous weapons in the home, if appropriate and legally
permitted, for safekeeping or as evidence. If the domestic violence involved threats
of bodily harm, any firearm discovered in plain view or pursuant to consent or other
lawful search must be taken into temporary custody (Penal Code § 18250).
(i)When completing an incident or arrest report for violation of a court order, officers
should include specific information that establishes that the offender has been served,
including the date the offender was served, the name of the agency that served the
order and the provision of the order that the subject is alleged to have violated. When
reasonably available, the arresting officer should attach a copy of the order to the
incident or arrest report.
(j)Officers should take appropriate enforcement action when there is probable cause to
believe an offense has occurred. Factors that should not be used as sole justification
for declining to take enforcement action include:
1.Marital status of suspect and victim.
2.Whether the suspect lives on the premises with the victim.
3.Claims by the suspect that the victim provoked or perpetuated the violence.
4.The potential financial or child custody consequences of arrest.
5.The physical or emotional state of either party.
6.Use of drugs or alcohol by either party.
7.Denial that the abuse occurred where evidence indicates otherwise.
8.A request by the victim not to arrest the suspect.
9.Location of the incident (public/private).
10.Speculation that the complainant may not follow through with the prosecution.
11.The racial, cultural, social, professional position or sexual orientation of the
victim or suspect.
Mountain View Police Department
Mountain View PD Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDomestic Violence - 3320.4.1 IF A SUSPECT IS ARRESTED
If a suspect is arrested, officers should:
(a)Advise the victim that there is no guarantee the suspect will remain in custody.
(b)Provide the victim’s contact information to the jail staff to enable notification of the
victim upon the suspect’s release from jail.
(c)Advise the victim whether any type of court order will be in effect when the suspect
is released from jail.