Police Department Policy

GO - 53304 - Domestic - Violence - 62122

Sacramento Police Department

Policy Text
SACRA MENT O POLICE DEPARTMENT GENERAL ORDERS GO 533.04 Page 1 of 6 533.04 DOMESTIC VIOLENCE 06-21-22 PURPOSE The purpose of this order is to provide guidelines necessary to deter, prevent and reduce dom estic violence through vigorous enforcement and to address do mestic violence as a serious crime against society. Th is policy specifically addresses the commitment of this departme nt to take enfo rcement action when appropriate, to provide assistance to victims and to guide peace officers in the inves tigation of domestic vio lence . POLICY The Sacramento Police D epartmen t’s response t o incidents of domestic violen ce and violations of related court orders shall stress enforcement of the law to protect the victim and sh all communicate the philosophy that domestic violence is criminal behavior. It is al so the policy of this depart ment to facilitate victim s’ access to appropriate commu nity resources when ever feasible . A.DEFINITIONS 1.Court Ord er- All forms of orders related to domestic violence that have been issued by a court of this state or another, whether civil or criminal, regardl ess of wheth er service has been made. 2.Domestic Violence- Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child, or is having, or has had a dating or engagement relati onship (Penal Code 13 700). Other Penal Code sections applicable to domestic violence include, but are not limited to, the following: 273.5, 245(a), 646.9, 422, 273.6, 24 3(e), 242, 207, 236, 262, 591, 166(c)1, and 12028.5. 3.Spousal Abuse- Corpora l injury resulting in a traumatic condition willfully inflicted upon a spouse, cohabitant, mother or father of a child, a fiancé, fiancée or person with whom the defendant currently has or previously had a dating relationship (Penal Code 273.5. ). (a) Traumatic condition - an external or internal injury that can either be minor or major. (b) Juveniles and same sex couples who have relationships listed above (Spousal Abuse) may be victims of spousal abuse. B.INVESTIGATIONS 1.The following guidelines shal l be followed by peace 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, peace officers shall obtain and document statements from the victim, the suspect and any witnesses, including children, in or around the household or location of occurrence. Peace officers shall make every effort to ensure citizens feel comfortable in making a report of dome stic violence and shall take no action that dissuades a citizen from making a report of domestic violence. (c) Peace officers shall 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-u p. (d) When practicable and legally permitted, record all statements and observations. SACRA MENT O POLICE DEPARTMENT GENERAL ORDERS GO 533.04 Page 2 of 6 (e) All injuries should be photographed in the field by a Crime Scene Investigator (CSI), regardless of severity, taking care to preserve the victim’s personal privacy. If a CSI is not available, the district sergeant shall photograph the injuries. Victims whose injuries are not visible at the time of the incident should be asked to request a follow up call in the event that the injuries become visible at a later time. (f) Peace officers shall attempt to capture injuries on body worn camera if the victim refuses photographs of injuries. (g) Peace officers shall request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. If the victim refuse s to sign the authorization, peace officers shoul d attempt to capture the refusal on a body worn camera. (h) If the suspect is no longer at the scene, peace officers shall make reasonable efforts to locate the suspect to further the investigation and provide the suspect with an opportunity to make a statement. (i) Peace officers shall seize any firearms or other deadly weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. If the domestic violence involved threats to human life, or a physical assault, any firearm or other deadly weapon discovere d in plain view or pursuant to consent or other lawful search must be taken into temporary custody (Penal Code § 18250). (j) When completing an incident or arrest report for violation of a court order, pe ace officers should include specific information that establishe s 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. (k) Peace officers shall, in all misdemeanor and felony cases complete the Victim Confidentiality Form (SPD 273). (l) Peace officers sha ll take appropriate enforcement action when there is probable cause to believe

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