Whenever practical, this text is taken from the County Sheriff’s Department Policy.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOMESTIC OR FAMILY VIOLENCE. Except for an act of self-defense, the occurrence of at least one of the following acts committed by a family or household member:
(a) Attempting to cause, threatening to cause or causing physical harm to another family or household member;
(b) Placing a family or household member in fear of physical harm; and/or
(c) Causing a family or household member to involuntarily engage in sexual activity by force, threat of force or duress.
FAMILY OR HOUSEHOLD MEMBER.
(a) A person who is a current or former spouse;
(b) A person who is dating or has dated;
(c) A person who is engaged or was engaged in a sexual relationship;
(d) A person who is related by blood or adoption;
(e) A person who is related or was related by marriage;
(f) A person who has an established legal relationship or previously established a legal relationship:
1. As a guardian,
2. As a ward;
3. As a custodian;
4. As a foster parent; or
5. In a capacity similar to those listed in divisions (f)1. through (f)4. above.
(g) A person who has a child in common; or
(h) A minor child of a person in a relationship described in divisions (a) through (g) above.
(B) Initial officer(s) response.
(1) Arrival at the scene.
(a) Officers responding to the scene of domestic violence calls shall exercise extreme caution upon arriving on the scene and confronting the participants. If possible, two officers should be dispatched to the scene;
(b) Determine location or condition of victim(s), suspect(s), witness(es) and any other people at the scene;
(c) Determine if any weapons are involved and identify potential weapons in the surroundings;
(d) Separate victim(s), suspect(s) and witness(es) thereby securing the scene and restoring order;
(e) Assess for any injuries which include internal injuries and complaint of pain. Administer first aid and request emergency medical services if necessary;
(f) Identify all occupants/witnesses on the premises; and
(g) Determine if a crime has been committed.
(2) On-scene investigation.
(a) Interview all participants, obtaining their addresses, phone numbers and identifiers. Keep them separated if possible;
(b) Interview all witnesses, including children obtaining their addresses, phone numbers and identifiers. Keep them separated if possible;
(c) Take photographs and document any injuries;
(d) Document the physical appearance and demeanor of all parties involved (i.e., torn clothing, signs of crying, being scared and the like). Photograph any torn or bloodied clothing;
(e) Determine if probable cause exists to make an arrest. Factors to consider include but are not limited to:
1. Visible signs of injury or impairment to the victim(s);
2. Complaint of pain by the victim(s);
3. Circumstantial evidence such as disheveled clothing, overturned furniture or broken household items;
4. Threats overheard by an officer related to the victim(s) or witness(es) or the suspect(s); and
5. Interview of victim(s), suspect(s) and witness(es). Note: the officer should not consider the victim’s opposition to arrest as a factor but should emphasize to both the victim and suspect that any criminal action is initiated by the state and not the victim.
(f) If the officer, from his or her investigation, believes that a battery has occurred and determines that probable cause exists an arrest should made for battery at that time;
(g) If there is evidence of mutual battering and the officer concludes that one party was acting in self defense, that party should not be arrested;
(h) If an arrest is made a written or recorded statement should be taken from both the victim and suspect (if possible) along with any witnesses;
(i) Law enforcement officers may confiscate and remove a firearm, ammunition or a deadly weapon from the scene if the officer has:
1. Probable cause to believe that a crime involving domestic violence or family violence has occurred;
2. A reasonable belief that the firearm, ammunition or deadly weapon:
a. Exposes the victim to an immediate risk of serious bodily injury; or
b. Was an instrumentality of the crime involving domestic or family violence.
3. Observed the firearm, ammunition or deadly weapon at the scene during the response. (If a firearm, ammunition or deadly weapon is removed from the scene, the officer shall provide for the safe storage of the firearm, ammunition or deadly weapon during the pendency of a proceeding related to the arrest.)
(j) Document and photograph any damage to property as the result of the incident;
(k) Document, photograph and recover any physical evidence at the scene;
(l) Document your beliefs as to alcohol or drug usage by the suspect or victim;
(m) Document the known history between the parties;
(n) Ensure that children and pets in the home have not also been abused; and
(o) On scene uniformed officers may request the assistance of a detective or evidence technician if necessary to assist with the investigation.
(3) Effecting the arrest.
(a) The responding officer should take the accused into custody as soon as the officer determines that a warrantless arrest is appropriate. If the suspect(s) has left or fled the scene, the officer should initiate the process to locate and apprehend the suspect(s) as soon as possible. If the suspect cannot be located, a warrant should be filed and executed.
(b) When the accused is a juvenile (under the age of 18), the provisions of this policy shall be fully applicable. The County Juvenile Probation Department shall be contacted in every case involving the arrest of a juvenile for domestic violence. The juvenile shall be processed using current juvenile policies.
(c) A battery affidavit may be completed and signed by the victim in cases where there are no physical signs of injury, (i.e., hair pulling, pushing and the like) and the victim wishes to pursue criminal charges. A battery affidavit is not necessary on cases involving obvious signs of physical injury to the victim.
(4) Case report.
(a) The responding officer shall obtain a County Sheriff’s Department case number and initiate a case report on all reports of domestic violence including verbal disagreements. The report should contain the following:
1. Names, addresses, telephone numbers and identifiers on all persons involved including victim(s), suspect(s) and witness(es). Be certain to include work, cell phone and pager numbers;
2. A statement of the relationship between all participants;
3. What, if any, weapons were used or threatened to be used;
4. Documentation of all injuries both visible and non-visible;
5. Documentation of all physical evidence;
6. Documentation of damage to property;
7. Any evidence substantiating either drug or alcohol abuse;
8. Documentation of any voluntary statements made;
9. Names and ages of all children living in the home (even if not present);
10. Any known prior incidents or history between the parties; and
11. A complete narrative including dates, times and facts surrounding the incident including final disposition.
(b) The completed report shall immediately be submitted for review and processing pursuant to policies regulating case reports.
(c) All completed case reports of domestic violence shall be forwarded to the Investigations Division Commander for review.
(5) Final disposition.
(a) Any case report taken for domestic violence must contain a final disposition:
1. Criminal arrest made;
2. One participant voluntarily left;
3. Mediation; and
4. No action taken.
(b) Whether or not an arrest is made, the responding officer should not leave the scene of the incident until the situation is under control and the likelihood of further violence has been minimized. The officer shall stand by for a reasonable time while the victim(s) gather necessities for short-term absence from the home, such as clothing, medication and necessary documents.
(c) Whether or not an arrest is made, the responding officer shall provide any victim of domestic violence a copy of their Victims Rights (I.C. 35-40-5) and information concerning services and shelters in this area (i.e., Hope House, Alternatives Inc., Intervention Hot Lines and the like).
(6) “Duty to report.” I.C. 31-33-7-7: when a law enforcement agency or officer receives a report or has reason to believe that a child may be a victim of child abuse or neglect a report shall immediately be communicated to the local Child Protection Service Agency.
(Prior Code, § 76.01)