(a) No person shall commit an assault or assault and battery upon his or her spouse, or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household.
(Res. 2010-107A. Passed 5-17-10. Eff. 5-26-10.)
(b) A police officer shall arrest a person when the officer has reasonable cause to believe that person has, within the previous twenty-four hours, assaulted a spouse, former spouse or other person residing or having residence in the same household, if the victim has visible signs of injury from the assault or if the assailant used or threatened to use a dangerous weapon. The obligation to arrest such person shall exist only if the assailant is present or can be readily apprehended. A threat with a weapon is covered by this section only if it is made at or about the time of the assault, if the weapon is present and if there is an apparent ability to use it.
(1) When an arrest is made pursuant to this section, prior to the release of the assailant, the Police Department shall make a reasonable effort to notify the victim.
(2) When an officer responds to a complaint concerning an assault by a person having the relationship described in subsection (a) hereof, the officer shall provide the complainant with a form for a written statement.
(3) When an officer acts in good faith and exercises due care in making an arrest pursuant to this subsection, the City shall indemnify, defend and hold the officer harmless as to any civil liability.
(4) This section does not apply to assaults between parents or guardians and their children or wards who are under eighteen years of age.
(Res. 94-568. Passed 9-26-94.)
(c) The penalty for conviction of a violation of Section 660.08 shall be a fine of not more than five hundred dollars ($500.00), or imprisonment of not more than 93 days in jail, or both, in addition to court costs and probation of not more than two years.
(Res. 02-496A. Passed 9-9-02.)