Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
2 01/24/2011 11/01/201 9
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
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320 - Domestic Violence 1 POLICY 320 DOMESTIC VIOLENCE
320.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce
domestic violence through vigorous enforcement and to address domestic violence as a serious
crime ag ainst society. The policy specifically addresses the commitment of this department to
take enforcement action when appropriate, to provide assistance to victims and to guide officers
in the investigation of domestic violence.
320.1.1 ACCREDITATION STAND ARDS
This section pertains to the following CALEA Standards: 1.2.5 , 1.2.6, 1.2.7, 55.2.2 , 55.2.3 , 74.1.1 ,
74.1.2, 74.2.1, 82.2.1
This policy pertains to the following Standard Operating Procedures: N/A
320.1.2 DEFINITIONS
Definitions related to this policy include:
Court order - All forms of orders related to domestic violence, that have been issued by a court
of this state or another, whether civil or criminal, regardless of whether service has been made.
320.2 POLICY
The Tustin Police Depa rtment’s response to incidents of domestic violence and violations of
related court orders shall stress enforcement of the law to protect the victim and shall
communicate the philosophy that domestic violence is criminal behavior. It is also the policy of
this department to facilitate victims’ and offenders’ access to appropriate civil remedies and
community resources whenever feasible.
320.3 OFFICER SAFETY
The investigation of domestic violence cases often places officers in emotionally charged and
sometimes highly dangerous environments. No provision of this policy is intended to supersede
the responsibility of all officers to exercise due caution and reasonable care in providing for the
safety of any officers and parties involved.
320.4 INVEST IGATIONS
The following guidelines should be followed by officers when investigating domestic violence
cases:
CATEGORY DATE ADOPTED LAST REVIEW
2 01/24/2011 11/01/201 9
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________________
320 - Domestic Violence 2 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 i ncludes incomplete 9 -1-1 calls;
b) When practicable, officers should obtain and document statements from the victim,
the suspect and any witnesses, including children, in or around the household or
location of occ urrence;
c) Officers should 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 particula r time should
also be obtained for follow -up;
d) When practicable and legally permitted, video or audio record all significa nt
statements and observations;
e) All injuries , or lack of visual injuries, should be photographed , taking care to
preserve the victim’s personal privacy. Where practicable, photographs should be
taken by a person of the same sex. Victims whose injuries are not visible at the
time of the incident should be asked to contact the Criminal Investigations Unit in
the event that the injuries late r become visi ble;
f) Officers should request that the victim complete and sign an authorization for
release of medical records related t o the incident when applicable;
g) If the suspect is no longer at the scene, officers should make reasonable efforts to
locate the suspect to further the investigation, provide the suspect with an
opportunity to make a statement and make an arrest or seek an arrest warrant if
appropriate;
h) Seize any firearms or other dangerous weapons in the home, if appropriate and
legally permit ted, for safekeeping or as evidence. If the domestic violence involved
threats of bodily harm, any firearm discovered in plain view or pursuant to consent
or other lawful search must be taken into temporary custody (Penal Code §
18250).
i) When completing an incident or arrest report for violation of a court order, officers
should include specific information that establishes that the offender has been
served, including the date the offender was served, the name of the agency that
served the order and the prov ision of the order that the subject is alleged to have
violated. When reasonably available, the arresting officer should attach a copy of
the order to the incident or arrest report;
j) Officers should take appropriate enforcement action when there is probable cause
to believe an offense has occurred. Factors that should not be used as sole
justification for declining to take enforcement action include:
1) Marita l status of suspect and victim;
2) Whether the suspect lives on the prem ises with the victim;
3) Claims by the suspect that the victim provoked or perpetuated the violence ;
4) The potential financial or child custody consequences of arrest ;
5) The physical or emotional state of either party ;
6) Use of drugs or alcohol by either party ;
7) Denial that the abuse occurred where evidence indicates otherwise ;
8) A request by the victim not to arrest the suspect ;
9) Location of the incident (public/private) ;
CATEGORY DATE ADOPTED LAST REVIEW
2