Policy Text
1 (03/10/2023 ) ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: DOMESTIC VIOLENCE
Index as: Dating Violence Ex Parte Temporary Injunction Order of Protection
Domestic Quarrel Family Dispute Self Defense
Domestic Violence Family/Household Member Spontaneous Statements
Excited Utterances Injunction
Accreditation Standards: 1.2.7, 55.2.3 , CFA 15.09, 24.01, 24.02
Cross Reference: G.O. II -21, Domestic Violence Involving Department Employees
G.O. III -23, Incident Reports
§741.28, §741.29, §741.30, §784.046 , §901.15 , §1012.97, F.S.S.
Florida Evidence Code, §90.803
Replaces : I.O. V.5:18 Domestic Violence (April 21, 2022)
This Order consists of the following sections:
I. Purpose
II. Policy
III. Definitions
IV. Legal Authority
V. Dispatch of Domestic Violence Calls
VI. Investigation of a Domestic or Dating Violence Incident
VII. Report Writing Requirements
VIII. Service of Injunctions for Protection
IX. Injunction Violations
X. Setting a State Attorney’s Investigation
I. PURPOSE
A. Domestic and dating violence incidents , arising out of personal relationships , are the subject of much concern in
our society. Often, the victims in such offenses are the persons least able to protect themselves. Violence arising out of
these situations has a high potential for injury to the participants and, without intervention, o ften increases in frequency and
severity. Additionally, incidents arising out of personal relationships place a significant demand upon law enforcement
resources. This Order explains the procedures for responding to incidents of domestic or dating violence with the intent of
protecting victims and reducing the potential for future conflict.
II. POLICY
A. In the interest of protecting victim(s) of violence, arising out of personal relationships, reducing the potential for
injury, and placing the offender under the control of the criminal justice system as soon as possible, the St. Petersburg
Police Departme nt will follow the policy of Preferred Arrest whenever probable cause exists for a lawful arrest [§741.29(2)
and §901.15(7) , F.S.S. ] in all situations meeting the definition of “Domestic Violence” or “Dating Violence” (§784.046 ,
F.S.S .).
DATE OF
ISSUE EFFECTIVE DATE NUMBER
March 2023 Immediately V.5:18
Distribution: All Employees
Instructional Order V.5:18
Revisions or additions are highlighted 2 (03/10/2023 ) B. “It is the publ ic policy of this state to strongly discourage arrest and charges of both parties for domestic or dating
violence on each other. ” [§901.15(7) , F.S.S. ]
III. DEFINITIONS
A. Dating Violence – Violence between individuals who have, or have had, a continuing and significant relationship of
a romantic or intimate nature. The existence of such a relationship will be determined based on the consideration of the
following factors:
1. A dating relatio nship must have existed within the past six (6) months.
2. The nature of the relationship must have been characterized by the expectation of affection or sexual
involvement between the parties.
3. The frequency and type of interaction between the persons involved in the relationship must have included that
the persons have been involved over time and on a continuous basis during the course of the relationship.
4. The term does not include violence in a casual acquaintanceship or violence between indi viduals who only have
engaged in ordinary fraternization in a business or social context.
B. Domestic Violence – Any assault, aggravated assault, battery, aggravated battery, sexual assault, stalking,
aggravated stalking, false imprisonment, kidnapping or any criminal offense resulting in physical injury or death of one fami ly
or household member by another who is, or was, residing in the same single dwelling unit.
C. Domestic Quarrel – Any dispute between family/household members where the police have been called to the
scene, even though no crime has occurred.
D. Excited Utterances – “Excited utterances” are statements “relating to a startling event or condition made while the
declarant was under the stress of excitement caused by the event or condition .”
E. Ex Parte Temporary Injunction – An injunction (by or for one party which...) will be effective for a fixed period not to
exceed fifteen (15) days unless the Court grants a continuance [§784.046(6)(c) , F.S.S. ].
F. Family/Household Member – Spouses, former spouses, persons related by blood or marriage, persons who are
presently residing together as if a family or who have resided together in the past as if a family, and persons who have a
child in common regardless of whether they have been married or resided together at any time.
G. Self Defense – The use of force against an aggressor when, to the extent it appears, and it is reasonable to believe,
such conduct is necessary to defend oneself or another against such aggressor’s imminent use of unlawful physical force.
H. Spontaneous Statements – Describing or explaining an event or condition , made while the declarant was perceiving
the event or condit ion, or immediately therea