Policy Text
OFFI CE OF CHIEF OF POLI CE
OAKLAND POLIC E DEPARTMENT
MEMORA NDUM
TO: All P ersonnel DATE : 22 Mar 13
SUBJECT: R evision of De partmental Information Bulletin III-J,
PRELI MINARY INVESTIGATION OF DOM ESTIC VIOLENC E
(Rev. I6Apr86) .
The subject ord er has been revised to update Departmental policy and procedures to
compl y with P enal Code Sections 13700 through 13702 , governing Departmental
response to report s of domestic v iolence.
The E valuation Coord inator for thi s orde r shall b e the Family Inv estigation Section
Commander, who, without fu rther notice , shall forward the r equired report to the
Chief of Police on or b y 22 Sep 13.
The E valuation C oordinator shall r eceive, review a nd do cument the acceptance or
rejection of all comm ents and/or recommendations received prior to submitting his/her
six-month e valuation r eport.
The Evaluation Coordin ator s hall forward a copy of the six-month e valuation report,
along with th e comments lrecommendations received, to the Public ation Development
Unit to b e maintained in the appropriate Departmental General Order archi ve folder.
Personnel shall a cknowledge recei pt, revi ew, a nd under standing ofthisdirective in
accordance with the pr ovisions of DGO A-I, DEPARTMENT AL PUBLICATIONS.
By order of
.
A. Jordan
Chief of Police Date Signed :
PRELIMINARY INVESTIGATION OF
DOMESTIC VIOLENCE
The purpose of this order is to set forth procedures governing Departmental response to reports of domestic
disputes, domestic violence, and the enforcement of domestic violence restraining or ders.
I. PRELIMINARY INVESTIGATION PROCEDURES
The primary officer shall:
A. Use the Domestic Violence Evaluation Checklist (TF -3335) for investigation s involving
an allegation and/or suspected incident of domestic violence to ensure the following:
1. Adequate and complete information is obtain ed from the victim of a domestic
dispute/ violence incident; and
2. Supervisory notification is made to address victim and/ or public safety concerns,
when appropriate.
B. Interview both parties, if practical, before d etermin ing whether a crime has been
committed .
C. Provide medical attention as necessary .
D. Photograph the complainant and suspect to memorialize the presence or abse nce of
visible injuries. D escribe the injuries in detail in the appropriate offense report.
E. Determine if a valid protective order is in effect and has been properly served . If service
is needed, serve the protective order in accordance with the provision of Part V of this
order.
F. Ascertain whether there are children on scene who witnessed the incident and take a
written statement when practical. Children who have witnessed or were present during an
incident of domestic violence shall also be listed as comp lainants pursuant to PC 273a(b)
PC if they display objective signs of willful harm, emotional distress (i.e., crying, scared,
shaking, won’t leave mother/parents side because they appear to want to protect
mom/parent) , or physical injury.
G. Evaluate the nee d for an Emergency Protective Order pursuant to Part II below.
H. Seize and take temporary custody (safekeeping) of any firearm or other deadly weapon in
accordance with the provisions of Part V II below .
TRAINING BULLETIN
Evaluation Coordinator: Family Investigation Section Commander
Automatic Revision Cycle: 3 Years
“Department Training Bulletins sha ll be used to advise members of current police techniques and
procedures and shall constitute official policy.”
Index Number: III -J
Alpha Index: Domestic Violence Date of Issue
22 Mar 13
2
Domestic Violence, Index Number III-J
I. Document the incident in the appropriate offense report.
II. EMERGENCY PROTECTIVE ORDERS
A. When an officer believes a person is in immediate danger of domestic violence, the
officer shall inform the complainant about the availability of an Emergenc y Protective
Order (EPO) .
B. An officer may request an EPO only if the suspect is present, has been arrested, or can be
reasonably served. Regardless of the victim’s preference, the officer may request an EPO
from the on -call judge or commissioner . Officers shall make this determination based on
the complainant’s allegations, the likelihood of the suspect returning, or a recent incident
of abuse or threat of abuse.
C. The officer requesting the order shall prepare an Application for Emergency Protective
Order (State Form EPO -001 – Jan 07) in accordance with the instructions on the form
and do the following:
1. Use the yellow EPO card or call the Patrol Desk to obtain the number of the
designated on -call judge or commissioner .
2. Contact the on-call judge or commiss ioner and request that he/she issue an
Emergency Protective Order asserting grounds for the belief that the order is
appropriate.
3. Upon oral issuance of the order by the on -call judge or commissioner , complete
the EPO with information provided by the on -call judge .
4. Serve a copy of the EPO on the restrained party, complete the Proo f of Service
section, and sign o n the Signature of Server line.
5. Provide the protected party a copy of the EPO if the suspect was served.
6. If the suspect is in custody