Policy Text
OFFICE OF CHIEF OF POLIC E
OAKLAND POLIC E DEPARTM ENT
MEMO RANDUM
TO: All P ersonnel DATE: 22 Mar 13
SUBJECT: Revision of D epartmental General Order E-4 ,
DOMESTIC VIOL ENCE ( Rev. 1 4 Dec 11).
The subject order h as been revised to update Departmental policy and proc edures to
comply with P enal Co de Sections 13700 through 13702 , governing Departmental
response to r eports of domes tic violence.
The Evalu ation Coordinator for thi s orde r shall be the Family Inv estigation Section
Command er , who, wit hout further notic e, shall forwa rd the r equired report to th e
Chief of Polic e on or by 22 Se p 13.
The E valuation Coordinator shall receive , review a nd document the acceptance or
rejection of all comments an d/or recommendations received prior to s ubmitting hi s/her
six-month evalu ation repo rt.
The Evalua tion Coordinator sha ll forward a co py of the six -month evaluation report,
along with the commentslrecommendati ons receive d, to the Publ ication Development
Unit to be m aintained in th e appropriate Departme ntal Genera l Ord er ar chive fold er.
Personnel s hall acknowledge r eceipt, review ,and und erstanding ofthis dire ctive in
accordance with th e prov isions ofDG O A-I, DEPARTMENT AL PUBLI CATIONS .
By order of
A. Jordan
Chief of Poli ce Date Sig ned:
DEPARTMENTAL
GENERAL
ORDER
E-4
Index as:
Domestic Violence
Effective Date:
22 Mar 13
Evaluation Coordinator:
FIS Commander
Evaluation Due Date:
22 Sep 13
Automatic Revision Cycle:
3 Years
Page 1 of 6
DOMESTIC VIOLENCE
The purpose of this order is to set forth Department policy and procedures governing
Departmental response to reports of domestic violence, including the enforcement of
restraining orders issued in connection with domestic violence.
The policy of the Department is to treat domestic violence as criminal conduct.
More detailed information regarding the preliminary investigation of domestic violence is
available in Department Training Bulletin III -J, PRELIMINARY INVESTIGATION OF
DOMESTI C VIOLENCE.
All Restraining, Protective/Stay -Away , and Emergency Protective Orders are enforceable in
any county, regardless of where issued (Family Code 6381). The Federal Violence Against
Women Act requires states to enforce restraining orders issued in other states. These orders
remain valid regardless of the actions of the protected person (e.g., if the protected person
allows the restrained party back into a residence, the order still remains valid [PC Section
13711(c)] ).
I. POLICY
A. All criminal investigations involving domestic violence shall be investigated
by the Domestic Violence Unit unless otherwise directed by the Chief of
Police.
B. Officers shall c onduct a preliminary investigation in accordance with the
provisions in TB III-J, DOMESTIC VIOLENCE.
C. The primary o fficer shall document all incidents of domestic disputes,
domestic violence , and violations of restraining orders on the appropriate
offense report whether or not an arrest is made and whether or not the
suspect is gone when he/she arrive s at the scene.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT E-4 Effective Date:
22 Mar 13
Page 2 of 6
The primary officer shall indicate “Domestic Dispute” in the appropriate
crime field and document the incident when no other crime has been
committed.
D. Arrest shall be regarded as the most appropriate response to d omestic
violence which involves an alleged felony, or any misdemeanor act of
physical violence, abuse, or threat directed toward the complainant or a
violation of a restraining order, as long as probable cause exists .
Officers shall not cite for any misde meanor domestic violence offense . If the
abuse happened within the past seven days, the officer shall make a custodial
arrest if the suspect is on the scene. If the suspect is not on scene, request a
complaint warrant.
If the offense occurred more than s even, but less than 365 days prior, and the
suspect is on scene, positively identify the suspect and request a complaint
warrant. Arrest is discouraged, but not prohibited.
If the victim de mands an arrest and the offense occurred more than seven but
less than 365 days prior, the officer shall accept the citizen’s arrest and take
the suspect into physical custody. The victim making the citizen’s arrest shall
sign either:
1. A Consolidated Arrest Report (CAR) ; or
2. A statement form (TF -536-200), on the C itizen’s Arrest signature
line, if using the Electronic Arrest Report (ECAR).
If the offense occurred more than 365 days prior1, there is no probable cause
to arrest. Officers shall not arrest or take physical custody of the suspect.
Officers shall doc ument the demand for a citizen’s arrest and that there was
no probable cause for the arrest .
E. Assignment Reports (236 -253) shall not be used to document domestic
disputes, domestic violence, and violations of restraining orders .
F. If the offense report is used solely to document proof of service, officers
shall write “ Domestic Dispute ” (primary) and “Proof of Service”
(secondary) in the crime /offense field.