DOMESTIC VIOLENCE - ODNR DIRECTIVE

Policy

The nature and seriousness of crimes committed between family and household members are not mitigated because of the relationships or living arrangements of those involved. Therefore, law enforcement must exercise leadership in responding to domestic violence. An immediate legal response can make a major difference in the disputants lives. With all due consideration for their own safety, department personnel responding to a domestic disturbance call shall (1) end the conflict; (2) arrest person when probable cause exists that a crime has occurred; (3) provide safety and security for crime victim(s); and (4) refer participants to appropriate agencies to help prevent future occurrences.

Procedures

Definitions (ORC 2919.25)

Domestic violence means:

1. Knowingly cause or attempt to cause physical harm to family and household member; or
2. recklessly cause serious physical harm to a family and household member; or
3. by threat of force, shall knowingly cause family and household member or believe that the offender will cause imminent physical harm to the family and household member.

Family and household member means any of the following: any of the following which is residing or has resided with the offender;

1. A spouse, a person living as a spouse, or former spouse of the offender;
2. A parent or a child of the offender, or another person related by consanguinity or affinity to the offender;
3. A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
4. The natural parent of any child of whom the offender is the other natural parent.

Person living as spouse, means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with offender within 5 years prior to the date of the alleged commission of the act in question.

Protection orders;

1. Temporary protection order (TPO) is an order issued under ORC 2919.26 generally through the municipal court. This order is issued by the court to protect the victim of domestic violence after criminal charges have been filed against an aggressor. It is good only until the criminal charges have been disposed of in court. The victim can issue it in response to a petition or the court itself may issue one.
2. Civil Protection orders (CPO) is an order issued under ORC 3113.31 through the Domestic Relations Court. This order is issued at times following the expiration of a temporary protection order (but does not have to be). It is good for up to two years and can be renewed.

General Responsibilities
Radio operators responsibilities

1. The radio operator should handle domestic calls in the same manner as other life-threatening incidents. Two or more officers shall normally be assigned to respond.
2. The radio operator should attempt to gain as much information as possible to identify risks at the scene and relay it to the responding officers. As time and exigencies allow, the following should be obtained, if possible;
   1. nature of the disturbance/incident
   2. exact address
   3. name of person calling
   4. is a weapon involved
   5. is medical attention needed
   6. is the suspect still there, if not, when and how did they leave.
3. In volatile incidents, keep the caller/complainant on the line and relay ongoing information until the officers arrive. In those cases where the complainant is leaving, have them meet officers at a secure location.
4. Check the file for warrants or protection orders for any of the involved. Advise officers of any relevant information if available .
5. If a second call is received to cancel the original call, officers will still continue to the location, investigate, and report on the circumstances found.

Handling Crimes of Domestic Violence

Initial Response

1. Two officers should be dispatched to report incidents of domestic violence to ensure officer safety and the proper separation of disputants.
2. Officers of this department must respond without undue delay to any report of domestic violence.
3. The parties involved in the dispute must be separated and interviews conducted separately.
4. Officers must investigate the possible existence of a protection order and document the facts and circumstances of any alleged violation of that order.
   1. Furthermore, officers must confirm the validity of any reported protection order(s) with the best available authority. The issuing court has the original document on file. In addition, victims, defendants, local police agencies, and prosecutors are all given copies of the order when it is issued.
   2. LEADS records will provide reasonable suspicion that a protection order exits; however, this information must be verified similar to the verification of a warrant.
5. During the separate interviews of the victim and the aggressor, officers should take a written statement from the victim that indicates how often, how severe, when physical abuse occurred in the past, and the number of times the victim has called peace officers for assistance and the disposition of those calls.
6. It is not necessary, nor will the Department require that the victim sign any statement in relation to the violation. Domestic violence and violation of a protection order can be prosecuted even without the victims consent or cooperation (ORC 2935.03 (B) (3) (e)).

Case Investigation

1. For every reported incident of domestic violence or a violation of a protection order that is reported to this department a case investigation will be initiated, even if an arrest is not made.
2. The investigation should document, but should not be limited to the documentation of
   1. Any weapons believe to be used in the commission of the crime(s). In addition, any weapons used will be seized as contraband and held for evidence.
   2. The officers observations of the victim and the alleged offender, including emotional state, physical appearance, and the condition of the surroundings.
   3. Any visible injuries of the victim injuries of the victim and/or the alleged offender.
   4. Any statements made by the victim or the alleged offender, including spontaneous remarks made between the two parties and/or toward responding officers or witnesses.
   5. Any other significant facts or circumstances.
   6. If an arrest is not made when the report is filed, the case report must include clear specific reasons why an arrest was not made (ORC 2935.032 (D)).

Arrest

1. It is a preferred course of action in this department for an officer to arrest the alleged offender in cases of domestic violence and violation of a protection order if probable causes exists that crime has occurred and that a particular person is guilty of that crime.
2. If there is more than one aggressor involved in the incident, that is, both party to aggression or assault against each other, it is a preferred course of action that the officer identify the primary physical aggressor and that person be arrested when probable cause had been established. The primary physical aggressor can be identified by assessing the following (as well as other reasonable factors);
   1. Any history of domestic violence or other acts of violence by either person.
   2. Whether the alleged violence was caused by a person acting in self defense.
   3. Each persons fear of physical harm, if any, resulting from the others threatened use of physical force; any history of the use of force against any person; and the reasonableness of that fear.
   4. The comparative severity of any injuries suffered by the persons involved in the alleged offense.
3. If the investigating officer finds probable cause to believe that a deadly weapon or dangerous ordinance was used (ORC 2903.11) the incident will be treated as a felonious assault and the offender shall be arrested.
4. If the investigating officer finds probable cause to believe that the offender/primary aggressor knowingly caused serious physical harm to another, knowingly caused or attempted to cause physical harm to another by means of a deadly weapon or dangerous ordinance under circumstances described in ORC 2903.12 (aggravated assault), then the offender/primary physical aggressor will be arrested and charged with aggravated assault.

Alternative to Arrest

1. It is not the intent of this policy to dictate the actions of any officer investigating crimes of domestic violence. Officers must exercise common sense and discretion in all incidents of domestic violence and violation of protection orders.
2. If alternatives to arrest are chosen, those reasons must be clearly and specifically articulated in case investigation file.
3. If an arrest is not made solely because the offender has left the scene and cannot be immediately apprehended, officers of this department should immediately seek a warrant for the arrest of that person.

Victim Assistance

1. Each ODNR Law Enforcement Facility (Parks Offices, Forestry Offices, Wildlife District Offices, etc.) is to coordinate protocol in cooperation with local law enforcement agencies, human/child services agencies, hospitals, domestic violence shelters, and victim advocacy programs. This protocol shall be in writing and be included as part of its training for officers who are likely to encounter domestic violence and/or violations of protection orders.
2. Every officer who investigates crimes of domestic violence (including violation of a protection order) shall do the following:
   1. Complete a domestic violence report;
   2. Advise the victim of the availability of a temporary protection order;
   3. Give the victim his/her name and unit number;
   4. Give the victim a telephone number where they can call for information about the case;
   5. Give the victim a telephone number of a domestic violence shelter in the area and any information on any local victim advocate programs;
   6. Ensure that the victim is left in a condition safer that she/he was found. This assurance can be gained with the assistance of local domestic violence counseling shelter/advocacy programs.

Training

1. Each Division shall ensure that all officers have received domestic violence training and training in this policy.

Records

1. Each Division shall centrally maintain the records of Domestic Violence training for each officer.