5.00.040 DOMESTIC VIOLENCE
Department personnel shall respond to reported incidents of Domestic Violence as required by state and local laws. Victim and witness assistance and/or referral shall be provided as described in the Department’s Victim/Witness Policy. Incidents of Domestic Violence shall be thoroughly investigated, arrests made and charges filed when necessary or required.
An officer responding to an incident involving Domestic Violence will prepare a complete crime report which will include the officer’s disposition of the case. All Domestic Violence crime reports will have the initials “D.V.” included in the “type of incident” box, regardless of whether charges are made or the relative seriousness of the incident. Verbal Domestic Violence incidents may be documented on a FIR card if criteria established in the “DV quick reference guide” are met.
Officers will arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
v An order (No Contact Order, Restraining Order or Order For Protection) has been issued of which the person has knowledge, restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence, workplace, school, or day care, or imposing any other restrictions or conditions upon the person; or
v The person is sixteen years or older and within the preceding four hours has assaulted a family or household member and the officer has reason to believe:
1. A felonious assault has occurred; or
2. An assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable or not; or
3. That any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death
When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons.
The officer will arrest the person whom the officer believes to be the primary physical aggressor, while making a reasonable effort to consider:
v The intent to protect victims of domestic violence
v The comparative extent of injuries inflicted or serious threats creating fear of physical injury and the history of domestic violence between the persons involved
If the officer has probable cause to believe that a crime has been committed, the officer must exercise arrest powers as set forth in RCW 10.31.100. If an arrest is made or the case is to be referred to the Prosecutor’s Office, the investigating officer will give a “Domestic Violence Booklet” to the victim.
Whenever a Domestic Violence custodial arrest has been made and the defendant will be booked into jail there will be no bail until such time as the defendant has appeared before a judge. If there are mitigating circumstances where the officer believes the defendant should be able to bail out, they can call the judge and he/she can set bail. (Example: The defendant has children that would not be cared for if he/she was booked into jail, the officer can call the judge and a bail could be set. If the defendant bails out, the judge must issue a No Contact Order.
The investigating officer will also ask the parties if they wish to be contacted by the Domestic Violence Counseling Assistance Agency currently under contract with the Department, and include this information in the case report. The officer will provide the involved parties with a “Domestic Violence Information Booklet.”
v A complete copy of each Domestic Violence case report will be forwarded to the Records Unit prior to the end of the shift in which an incident involving Domestic Violence is investigated. It is the Patrol Shift Supervisor’s responsibility to assure that the case report is forwarded to Records.
v If an arrest has been made or a summons requested, a complete copy of the Domestic Violence case report will be forwarded by Records Unit personnel and timed to arrive in the City Prosecutor’s office no later than 0800Hrs on the next business day following the date upon which the incident was investigated. It is the Records Unit Supervisor’s responsibility to assure that this priority processing takes place. All other Domestic Violence case reports will be completed and filed with the Records Unit at the end of the shift in which the incident was investigated.
v If no custodial arrest has been made, but the parties request Domestic Violence counseling, the Records Unit will transmit the appropriate information to the authorized personnel of the Domestic Violence Counseling/Assistance Agency currently under contract with the Department.
v If a custodial arrest has been made, the Records Unit will, upon receiving a completed case report, transmit victim information to authorized personnel of the Domestic Violence Counseling/Assistance Agency currently under contract with the Department.
The investigating officer may offer, arrange, or facilitate transportation for the victim(s) to a hospital for treatment of injuries or to a place of safety or shelter.