Issued Date: October 2009 Obtaining or Exchanging Personal Property Page 5 of 5

APPLETON POLICE
DEPARTMENT
POLICY / TITLE:
Domestic Abuse -
Obtaining or Exchanging Personal Property
(Officer’s Role When Assisting)
ISSUE DATE:
October 6, 2009 / REVIEW DATE:
01-10-13 / REVISED DATE: / SECTION:
Operational
POLICY SOURCE:
Deputy Chief of Operations / TOTAL PAGES:
5
SPECIAL INSTRUCTIONS:
Amends: Domestic Abuse – Obtaining or Exchanging Personal Property / 10-06-09

I.  PURPOSE

The purpose of this policy is to establish guidelines for responding to domestic abuse, with a particular focus on the officer’s role when assisting with or exchanging personal property, deterring the person arrested for a domestic abuse crime from committing continuing acts of violence, helping adult victims and children, and reducing potential injuries to the involved parties and to assigned officers. Our goal is to keep victims safe and hold defendants accountable for their criminal behavior.

II. POLICY

Recognizing the volatile nature of domestic violence, officers from the Appleton Police Department will make a reasonable attempt to assist with the exchange of personal property. Each request will be evaluated on a case-by-case basis with the needs of the victim and the victim’s safety as deciding factors.

III. DISCUSSION

IV. DEFINITIONS

V. PROCEDURE

A.  Officer’s Role when Assisting with Obtaining or Exchanging of Personal Property

1.  Police Officers are asked on a regular basis to assist with the exchange of property following an arrest for a domestic abuse crime, in conjunction with a pending divorce or separation, or when authorized by a judge or family court commissioner. Victims of domestic violence may also request the assistance of a law enforcement officer in the absence of any judicial order or arrest when they fear that their partner may attempt to harm them.

2. Courts in Outagamie and Calumet County have issued court orders (Winnebago County has not), that authorize police officers to assist a person arrested for a domestic abuse incident with the recovery of personal possessions following an arrest for a domestic abuse crime. However, officers are not required to assist with this type of “property recovery” if the victim refuses or could potentially be in harm’s way. If the officer is not going to assist the person with the recovery of property, the person should be informed that he/she is not permitted to go to a location inhabited by the victim. If a person from Winnebago County requests assistance to recover personal property, they should be advised that we do not have the authority to assist with the exchange and that they will need to request assistance from another third party.

3. Recognizing that violent relationships exist in the absence of formal police intervention, all people who request police assistance with the recovery of property should be told to follow the same procedure as those with reported domestic abuse cases. The same assessment procedures should be followed even when there has not been a recent arrest for domestic violence and no judicial orders have been issued.

4. Officers must remain sensitive to the needs of crime victims and make every attempt possible to protect victims.

B. Evaluating a Request for Police Assistance with Obtaining Property

1. When a person who has been arrested for a domestic abuse crime contacts the Department and requests assistance with the recovery of property, he/she should be told to report directly to the Appleton Police Department with copies of any bond conditions, restraining orders, or similar judicial orders that may have been issued. Similarly, a victim requesting assistance should be told to report with the same. (See Appendix A)

2. A victim of domestic violence or a person arrested for a domestic abuse incident should never be told by a dispatcher or telecommunicator to meet the assigned officer at or near a location occupied by the victim or arrested party.

3. When evaluating the request for assistance, the assigned officer should make telephone contact with the victim to discuss the person’s request to obtain property, and determine if the victim is willing to allow the exchange. Officers are not required to assist with this type of “property recovery” if the victim refuses or could potentially be in harm’s way. A person arrested for a domestic abuse incident should never be provided with telephone or in-person access to the victim or a location occupied by the victim.

C. Factors to consider when evaluating the request:

1. The results of a records check, including the existence of a protection order, criminal history, probation and parole status and warrants.

2. What property the person has requested. The request should be limited to personal property (e.g., clothes, toiletries, prescription medication, work tools, etc.)

3. The appropriateness of the person’s request (i.e., time of day, type of property, quantity of property, and need for property).

4. The petitioner/victim should always be directed to a safe location away from the residence until it has been cleared and secured. Likewise, a petitioner/victim should never be told by a dispatcher or telecommunicator to meet the assigned officer at or near a location occupied by the respondent/abuser.

5. A petitioner/victim, who has obtained a protection order, does not relinquish their right to prohibit access to a particular location by temporarily leaving the location. In other words, a petitioner/victim’s right to protection at a residence, place of employment or similar location exists even when the petitioner/victim is not physically present.

6. You may, however, be asked to assist a petitioner/victim with safe access to a residence, apartment, or similar location when a temporary restraining order or court injunction has been issued and served on the respondent/abuser. This is acceptable and oftentimes becomes necessary when a respondent/abuser refuses to vacate a location. On occasion, judges or family court commissioners may even add language to a temporary restraining order or court injunction that requires law enforcement officers to assist a petitioner/victim with gaining access to a location.

7. While this is not an inclusive list, officers should not assist with the recovery of property under the circumstances outlined in a – d, listed below.

a. When the risk to the victim or officer is too great.

b. When a temporary restraining order or court injunction has been issued and the respondent wants to have access to property at a residence, apartment, place of employment, or a similar location that is occupied or could be occupied by the petitioner.

c. When a respondent/abuser is on probation or parole and restrictions are in place that prohibit contact with a specific person or location without the consent of the agent.

d. When a divorce decree has been issued prohibiting the distribution of property.

D. Procedures for Police Assistance with Obtaining Property

1. If the officer and victim approve the request for the exchange of property the following should be considered:

a. Arrangements can often times be made with the victim to have the person’s property packed and available by the time the officer arrives on scene.

b. Officers shall require the person arrested for a domestic abuse incident to remain at a predetermined location away from where the property in question is located.

c. As a general rule, limit the property that is removed from the residence to personal property necessary to meet the short-term needs of the requesting party or related children (e.g., clothes, toiletries, prescription medication, work tools, etc.)

d. It is not reasonable or acceptable to expect that law enforcement officers should “stand by” while a significant amount of property is removed.

2. Both parties involved should be told to seek legal counsel to address the long-term resolution of the final distribution of property and related assets. The distribution of property is a civil matter that is best resolved through consensus among attorneys or by a judicial order.

01-12-13

Peter J. Helein Date

Chief of Police


APPENDIX A