doc_2663568

WINDERMERE POLICE DEPARTMENT GENERAL ORDER Effective Date: October 9, 2022  Rescinds Amends VIII -2 (January 1, 2012) Number: 17.7 SUBJECT: Civil Process Print Date: 10/09/22 Distribution: All Personnel Review Month: October This order consists of the following: 1. Purpose 2. Policy 3. Procedures 1. Purpose The purpose of this policy is to establish the procedures for the issuance of civil process by officers of the Windermere Police Department . 2. Policy It is the policy of the Windermere Police Department to effect service of process on Domestic or Repeat Violence Injunctions for Protection as provided by Administrative Order No. 07 -94-26 and FS 741.30 . 3. Procedures A. General [24.01M -(A)] 1. Civil process service or execution by officers shall be limited to the service or execution of Domestic Violence Injunctions and Or ders of Protection within the geographical jurisdiction of the Windermere Police Depart ment. Officers are not authorized or empowered to serve or execute any other court ordered civil process. [24.01M -(B)] 17.7 , Page 2 2. Service of the civil process may be made on any day of the week and at any time of the day or night. 3. Only sworn officers may serve ci vil process. 4. Officers shall not use force to serve or execute civil process or use force to prevent the recipient from leaving during attempted service or refusal of service. 5. Nothing in this directive is intended to prevent offic ers from using that degree of force necessary to defend themselves or other pe rsons from bodily harm or to lawfully overcome resistance in accordance with agency policy. B. Service of Process 1. The following procedure shall be followed when officers are se rving civil process: a. The person seeking service of the civil process shall contact the agency and request an officer to respond to the scene. b. The call may be received through the Winter Garden Communications Center via radio dispatch or directly at the station via telephone. c. The officer shall respond to the scene and meet with the complainant. 1. The complainant shall give the officer the civil process to be served. 2. The officer shall ensure that the complainant understands the officer’s role in t he service of the civil process. i. The officer’s role is to ensure that the respondent is legally served with the process. 17.7 , Page 3 ii. The officer should remind the complainant and respondent that he / she is a law enforcement officer and not an attorney and that he / she cannot and will not provide legal advice. d. The officer shall ensure that the process to be served meets the criteria for service by a police officer. i. The civil process must be addressed to all law enforcement officers to serve. ii. If the civil proc ess does not specifically direct service by all law enforcement officers the complainant shall be referred to the Orange County Sheriff’s Office. iii. The location of serv ice must be within the limits of the Town of Windermere. e. The officer shall advise the respondent of the nature of the civil process. i. The process must be served directly face -to-face on the respondent. ii. The officer shall read the judge’s specific order to the respondent so that he / she understands the contents of the process / order. f. The officer shall give a copy of the process to the respondent. g. The officer shall complete the necessary information stamped on the process to include the date and time of service and the name of the officer serving the process. h. The complainant shall keep a copy of the process. i. The officer shall take from the complainant the civil process cover sheet that should accompany the process. 17.7 , Page 4 i. The officer shall complete the required information on the cover sheet. ii. The officer shall use the informat ion on the cover sheet to personally contact the Orange County Sheriff’s Office Civil Process Section to advise them of the service of the process. iii. The completed cover sheet should be attached to the officer’s report. j. The officer shall attempt to serv e the civil process . i. The service must be face -to-face. ii. If the respondent appears to be argumentative the officer may affect service by advising the responded of the nature of the process and handing it to him / her, the officer need not read the entire o rder. iii. Once the officer has contacted the respondent face -to-face that contact shall suffice for the service if the respondent is unwilling to accept the process. iv. Upon making the face -to-face contact, if the respondent refuses to take the process the offi cer may drop it at the feet of the respondent and consider it served. v. All reasonable efforts shall be made by the officer to ensure that the respondent understands the meaning of the process. vi. Should the respondent become violent the officer may take what ever steps are necessary to protect himself / herself and others. 2. Protection orders issued in another state and / or by an Indian Tribal Court in accordance with the Violence Against Women Act, 18 U.S.F. s. 2265 are enforceable without being registered or recorded in this state. [24.01M -B] 17.