Police Department Policy

go-21.pdf

Tallahassee Police Department

Policy Text
\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Domestic and Dating Violence Investigations CHIEF OF POLICE Signature on File Proudly Policing Since 1826 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 21 04/21/1986 09/25/2025 21 AUTHORITY/RELATED REFERENCES CDA Policy 632, Incident Processing CDA Policy 660, Radio Dispatching – Law Enforcement CIB 12, Follow-up Investigations FS 741.28, Domestic Violence; Definitions FS 741.29, Domestic Violence; Investigation … Notice to Victims … FS 741.30, Domestic Violence; Injunction … Temporary Injunction … FS 784.046, Action by Victim of….Dating Violence… FS 901.15, When Arrest by Officer Without Warrant in Lawful General Order 18, Criminal Investigations General Order 20, Corrective Action Procedures General Order 29, The Internal Affairs Unit and Administrative Investigations General Order 67, Victim Advocacy PTL 9, Watch Commander ACCREDITATION REFERENCES CALEA Chapters 11, 74, 82, 83 CFA Chapters 15, 24 KEY WORD INDEX Arrest Procedures Procedure IV Children and Dependent Adult Protocols Procedure VI Dispatch Procedures Procedure I Follow-up Investigations Procedure VII Initial Response and Entry Procedure II Injunction Service Procedures Procedure XI Injunction Violation Enforcement Procedure X Injunctions Issued to Officers Procedure IX Officer-Involved Domestic/Dating Violence Incidents Procedures VIII\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT On-Scene Investigation and Report Protocols Procedure III Victim Support Procedure V POLICY The Department is responsible for establishing procedures in support of Florida Statutes, for the investigation of domestic and dating violence incidents, and for providing victim assistance. Members shall adhere to established procedures and statutory mandates when investigating domestic and dating violence incidents and providing assisting victims. DEFINITIONS Administrative Investigation: A process of non-criminal inquiry by means of an internal investigation, special investigation, or contact report. Dating Violence: Any violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature, which has existed within the last 6 months, was characterized by the expectation of affection or sexual involvement, and the frequency of interaction must have been involved over time on a continuous basis. This does not include a casual acquaintance or violence between individuals who have only engaged in ordinary fraternization in a business or social context. Dating Violence Injunction: Statutorily referred to as an Injunction for Protection Against Repeat Violence, Sexual Violence, or Dating Violence, a court order prohibiting or requiring certain actions designed to protect a person (petitioner) from another person (respondent). It includes temporary and permanent injunctions. Domestic Violence: Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, false imprisonment, kidnapping, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Family or household member is defined in Florida Statute as “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 are parents of a child in common, regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.” GENERAL ORDER 21 PAGE 2 of 21 DOMESTIC AND DATING VIOLENCE SEPTEMBER 25, 2025 INVESTIGATIONS\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT Domestic Violence Injunction: Statutorily referred to as an Injunction for Protection Against Domestic Violence, a court order prohibiting or requiring certain actions designed to protect one family or household member (petitioner) from another family or household member (respondent). Includes temporary and permanent injunctions. Internal Investigation: A comprehensive and documented investigation into an allegation of officer misconduct of a more serious nature, either conducted or managed by the Internal Affairs Unit. Lethality Assessment: A tool first responders use to predict the likelihood that a homicide will occur between intimate partners during a domestic violence call. Order to Show Cause: A type of court order that requires one or more parties in a case to justify, explain, or prove something to the court when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. Petitioner: Person petitioning the court for issuance of an injunction. Respondent: Person named to receive the injunction. Special Investigation: A comprehensive and documented compliance review of a Department officer-involved incident where there has been no specific policy violation allegation. PROCEDURES I. DISPATCH PROCEDURES A. CDA Policy 660 (Radio Dispatching – Law Enforcement) mandates dispatching two (2) officers to a domestic violence call for service. B. CDA Policy 632 (Incident Processing) prohibits cancellation of a domestic violence call for service if the reporting person indicates they no longer want or require police presence. II. INITIAL RESPONSE AND ENTRY A. Officers’ driving response to a domestic or dating violence call for service (either emergency or non-emergency response driving) shall be guided by the protocols of General Order 22 (Emergency Response Driving). GENERAL ORDER 21 PAGE 3 of 21 DOMESTIC AND DATING VIOLENCE SEPTEMBER 25, 2025 INVESTIGATIONS\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT B. Officers’ entry into a structure or dwelling on a domestic or dating violence call for service shall be made with consent unless exigent circumstances establish a legal right to make forced entry. C. Entry and search protocols related to exigent circumstances are outlined in General Order 72 (Search and Seizure). III. ON-SCENE INVESTIGATION AND REPORT PROTOCOLS Investigation – A. The protocols of General Order 18 (Criminal Investigations) apply to domestic and dating violence investigations, and include: 1. Safety of persons present, 2. Scene security and preservation, 3. Interviews, statements, and arrest processes, 4. Calling out detectives, forensic specialists, and victim advocates, 5. Assisting victims, 6. Evidence collection, and 7. Report writing. B. In addition to the investigative protocols of General Order 18, officers are responsible for the protocols listed below. 1. Taking steps to ensure the safety of officers and other persons at the scene by: a. Separating the victim and suspect physically, verbally, and, if necessary, visually, b. Maintaining visual line-of-sight contact with other officers who are with a victim, suspect, or witness, and c. Taking possession of all involved weapons and securing (or moving people away from) any other weapons which may pose an immediate threat to persons on scene. GENERAL ORDER 21 PAGE 4 of 21 DOMESTIC AND DATING VIOLENCE SEPTEMBER 25, 2025 INVESTIGATIONS\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT 2. Locating and checking the welfare of any children and others at the incident scene. 3. Being mindful of the unique sensitivities of children in domestic and dating violence situations. 4. Determining if the circumstances meet the definition of domestic or dating violence (definitions above) and the specific crimes associated with the incident. 5. Ascertaining if a female victim is pregnant and, if so: a. Whether the suspect was aware of her pregnancy at the time of the crime of violence, b. And if so, how the suspect became aware of the pregnancy, and c. Obtaining, if possible, the name of the victim’s health care p

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