146 DOMESTIC VIOLENCE

POLICY 146.0DOMESTIC AND REPEAT VIOLENCE AND SERVICE OF PROCESS REVISED: 11 /2011 REVISED: 4/2019RELATED POLICIES: Reviewed and Revised by Chief David Magnusson 4/2019 A.POLICY It is the policy of the El Portal Police Department to properly and swiftly respond to incidences of both domestic and repeat violence through a combination of law enforcement and community services and to develop strong cases against suspects for the purpose of successful prosecutions that can result in reduced recidivism. In this regard, officers shall recognize and consider the safety of the victim, any involved children and any other persons who may be in imminent danger if the suspect is not immediately brought before a court of law. B.DEFINITIONS 1."Domestic violence" means 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 who is or was residing in the same single dwelling unit. § 741.28(1) Fla. Stat. 2."Family or household member" means 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 have resided together at any time. § 741.28(2) Fla. Stat. 3."Domestic Violence Injunction for Protection" means a Circuit Court Order establishing certain restrictions upon respondent. 4."Petitioner" is the person who obtains an injunction for protection. 5."Violence" means any assault, battery, sexual battery or stalking or aggravated stalking by a person against any other person. § 784.046(1)(a) Fla. Stat. 6."Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within six (6) months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. § 784.046(1)(b) Fla. Stat. Page 1 of 18 7."Stalking” means willfully, maliciously and repeatedly following or harassing another person § 784.048 (2), Fla. Stat. 8."Aggravated stalking" is any person who willfully, maliciously and repeatedly follows or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury, commits the offense of aggravated stalking, a felony of the third degree. §784.048 (3), Fla. Stat. 9.“Harass” means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose. § 748.048(1)(a) Fla. Stat. 10.“Credible Threat” means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life or a threat to cause bodily injury to the person. § 748.08(1)(c) Fla. Stat. C.LEGAL AUTHORITY 1.Domestic Violence – Warrantless Arrests - Arrest Without A Warrant - § 901.15(7)(a) Fla. Stat., provides that a law enforcement officer may arrest a person without a warrant when the officer has probable cause to believe that the person has committed an act of domestic violence as defined in § 741.28 Fla. Stat. With respect to an arrest for an act of domestic violence, the decision to arrest shall not require consent of the victim or consideration of the relationship of the parties. It is the policy of the El Portal Police Department to strongly discourage arrest and charges of domestic violence on both parties and to encourage the arrest of the “primary aggressor.” 2.Violation Of Injunctions - § 901.15(6) Fla. Stat. provides that a law enforcement officer may arrest a person without a warrant where the officer has probable cause to believe that the person has knowingly committed a criminal act according to § 741.31 or § 784.047 or § 790.233 Fla. Stat., which violates an injunction for protection entered pursuant to § 741.30 or § 784.046 Fla. Stat. or a foreign protection order accorded full faith and credit pursuant to § 741.315 Fla. Stat. 3.Repeat Violence – Warrantless Arrests § 901.15(10) Fla. Stat. provides that a law enforcement officer may arrest a person without a warrant when the officer has probable cause to believe that the person has knowingly committed an act of repeat violence in violation of an injunction for protection from repeat violence entered pursuant to § 784.046 Fla. Stat. or a foreign protection order accorded full faith and credit pursuant to § 741.315 Fla. Stat. 4.Violations of Conditions of