DGO6.09_Domestic_Violence

San Francisco Police Department GENERAL ORDER 6.09 Rev.01 /12/22 Eff:10/22/22 DOMEST IC VIOLENCE 6.09 .01. PURPOSE This order establishes Department policies regarding domestic violence incidents and outlines procedures for investigat ions as well as processing, and enforcing court orders. 6.09 .02 POLICY A.It is the policy of the San Francisco Police Department that members treat all acts ofdomestic violence as criminal conduct. When the elements of a crime exist, membersshall make an arrest instead of using dispute mediation or other police interventiontechniques. B.The first members who respond to a domestic violence call play the most critical role in victim and family safety and in ensuring that the offender is held accountable whetheror not the suspect is on scene for an arrest or gone on arrival. A thorough and completeinvestigation of the incident and documentation of all prior unreported incidentsbetween the parties may allow a case to be prosecuted in court whether or not thevictim or witnesses actually testify. C.In ALL cases where a reportee alleges that domestic violence has occurr ed, even if an arrest is not made, members shall give the victim a Special Victims Unit Follow up &Referral Card (SFPD 142) in the appropriate language , if available . D.Mem bers shall not allow any of the following factors to influence their course of action during domestic violence incidents: 1. The marital status of the suspect and the victim. 2. Whether the suspect currently lives with the victim. 3. The existence or lack of a restraining order or stay away order. 4. The potential financial consequences of arrest. 5. The victim’s history of complaints. 6. Verbal assurances from either party that the violence will cease. 7. The victim’s emotional status. 8. Whether injuries are visible. 9. The location of the incident (public or private).10. Speculation that the victim may not follow through with the prosecution or that thearrest may not lead to a conviction. 11. The victim’s initial reluctance regarding a member -initiated arrest. 12. The victim and suspect are the same gender. 13. Whether either party has limited English proficiency.14. Either party’s citizenship/immigration status. DGO 6.09 Rev. 01/12/22 Eff: 10/22/22 Page 2 of 17 E.For victims , wit nesses, and suspects with limited English proficiency, members shall provide language assistance, including translated forms if available, in compliance with DGO 5.20, Language Access Services for Limited EnglishProficient (LEP) Persons . 6.09 .03 DEFINITIONS1 A.DOME STIC VIOLENCE . Domestic Violence means abuse committed against an adult or a minor ( Penal Code Section 13700(b) ). For a list of common offenses associated with domestic violence, please refer to the Department DomesticViolence Manual. This include(s) one or more of the following relationships : • spouse /former spouse • cohabitant /former cohabitant • dating relationship/former dating relationship• engagement relationship/ former engagement relationship• person with whom a child is shared•Domestic partners •Same sex relationships are included B.ABUSE . A buse m eans: • inte ntionally or recklessly cause or attempt to cause bodily injury. •sexual assault . • to place a person in reasonable apprehension of imminent serious bodily injury to that person or another. • to molest, attack, strike, stalk, destroy personal property, or violate the terms of a domestic violence protective order issued under the Domestic ViolencePrevention Act. 2 C.STAL KING . Occurs when any person willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat with the intent ofplacing that person in reasonable fear for his or her safety, or that of his or herimmediate family (646.9 PC ). D.COHABITANT . Cohabitants means two unrelated persons living together for a substantial period resulting in some permanency of relationship (Penal CodeSection 13700(b)). In the context of domestic violence, parties who are simply co- 1 For a more comprehensive list of definitions related to domestic violence, please refer to the SFPD Domestic Violence & Intimate Partner Stalking Manual. 2 Reference CA Penal Code Sections for Abuse: 13700(a) PC and 16120 PC & Domestic Violence Prevention Act: Commencing with Family code section 6200 et seq. DGO 6.09 Rev. 01/12/22 Eff: 10/22/22 Page 3 of 17 tenants, not involved in intimate relationships, are not considered cohabitant. Factors that may be considered when determining whether individuals are cohabitating include, but are not limited to : •Sexu al relations between the parties while sharing the same living quarters • Sharing income or expenses • Joint use or ownership of property• Whether the parties hold themselves out as spouses •The cont inuity of the relationship •The l ength of the relationship E.DATING RELATIONSHIP. A dating relationship is frequent, intimate associations primarily characterized by the expectation of af fectional or sexual involvement independent of financial considerations (Penal Code Section 243(f)(10)). F.PROTECTIVE ORDER. A protective order or court order of protection is a court- ordered injunction - regardless of form, content, length, layout, or type (i.e., stay- away, restraining, criminal, civil