Appendix H

Domestic Violence

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Procedural order

IPurpose

The purpose of this protocol is to establish guidelines and procedures for deputies when responding to domestic violence calls for services affording the maximum protection and support to victims of domestic violence through a coordinated program of law enforcement and victim assistance.

IIPolicy

The Lafourche Parish Sheriff’s Office has an obligation to protect all citizens of the parish in particular those who cannot care for themselves. For this reason it shall be the policy of this Sheriff's Office to enact a domestic violence policy that protects the victims as well as the offender of such a crime. Domestic violence is a crime that differs from other crimes because of the intimate relationship between the victim and the accused. Deputies shall respond to domestic violence as they would respond to any crime. Deputies shall arrest and pursue criminal remedies appropriate to the crime if the deputy has probable cause to believe a crime has been committed. While recognizing the difference between domestic violence and other crimes, deputies shall provide victims with appropriate available services.

IIIScope

This protocol applies to any deputy responding to a report of domestic abuse committed by one family or household member against another. As per:

La R.S. 46:2132. Definitions

(4)“Family members” means spouses, former spouses, parents and children, stepparents,stepchildren, foster parents, and foster children. “Household members” means any person of the opposite sex presently or formerly living in the same residence with the defendant as a spouse, whether married or not, who is seeking protection under this Part. If a parent or grandparent is being abused by an adult child, adult foster child, or adult grandchild, the provisions of this Part shall apply to any proceeding brought in district court.

La R.S. 46:2140 Law Enforcement Officers; duties

Whenever a law enforcement officer has reason to believe that a family or household member or dating partner has been abused, the officer shall immediately use all reasonable means to prevent further abuse, including:

(1)Arresting the abusive party with a warrant or without a warrant pursuant to Code of Criminal Procedures, Article 213, if probable cause exists to believe that a felony has been committed by that person, whether or not the offense occurred in the officer’s presence.

(2)Arresting the abusive party in case of any misdemeanor crime which endangers the physical safety of the abused person whether or not the offense occurred in the presence of the officer. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer’s discretion.

(3)Assisting the abused person in obtaining medical treatment necessitated by the battery; arranging for, or providing, or assisting in the procurement of transportation for the abused person to a place of shelter or safety.

(4)Notifying the abused person of his right to initiate criminal or civil proceedings; the availability of the protective order, R.S. 46:2136; and the availability of community assistance for domestic violence victims.

IVDispatch

Communications Equipment Operators shall give domestic violence calls for service the same priority as any other life-threatening call and in accordance with Lafourche Parish Sheriff’s Office Policy and Procedures General Order 41.2 and 81.2. Whenever possible, at least two deputies shall be dispatched to every incident.

A.Communications Equipment Operators shall attempt to elicit the followinginformation:

1.The location of the incident.

2.Is the offender present; if not, offender description, means and direction of travel.

3.Are weapons involved; if so, what type and where are they?

4.Injuries; if so, the extent, how many and is medical treatment needed?

5.Children present; if so, how many, where are they and are they injured?

B.Communications Equipment Operators shall utilize the Louisiana Protective Order Registry and the Lafourche Parish Protective Order File for current information.

C.If the caller is the victim, Communications Equipment Operators shall attempt to keep caller on the telephone line if disturbance is still in progress.

D.Communications Equipment Operators shall relay ongoing information to responding deputies.

E.Communications Equipment Operators shall not cancel responses to domestic violence calls for service.

F.Communications Equipment Operators shall notify Police Social Services in accordance with the Lafourche Parish Complaint/Call Referral Criteria Form.

VDeputy Response

A.Initial Contact

1.The deputy shall identify himself, explain his presence, and request entry into the residence. The deputy shall request to see the person who is the subject of the call. If the caller is not the same as the subject, the deputy shall not reveal the identity of the caller.

2.If entry is refused, the deputy shall be persistent about speaking alone with the subject of the call. If access is still denied, the deputy shall request the Communications Equipment Operators to attempt contact with the caller.If access is still refused, the deputy shall contact the shift supervisor regarding forced entry under the exigent circumstance rule if the deputy believes the victim is in danger or in need of aid.

B.Establishing Control of Scene

1.Immediately stop any violence by separating the victim and the offender. Keep the individuals separated and secure at all times.

2.Restrain the offender if necessary and remove the aggressor to the fleet vehicle if immediate arrest is warranted or for deputy safety issues, if not under arrest.

3.Ensure the safety of any children.

4.Assess injuries for medical treatment. The deputy should inquire about injuries concealed by clothing or otherwise not readily apparent.

5.If any party reports strangulation, the deputy shall summons emergency medical services because of the possibility of internal injuries, which can be fatal and may not be apparent.

6.Take control and secure all weapons used or threatened to be used.

VIInvestigation

A.Obtain statements from both the victim and offender separately, as circumstances allow.

B.The deputy shall ensure the victim’s safety.

C.If the offender has left the scene and a crime has been committed, the deputy shall proceed as follows:

1.Search the immediate area for the offender;

2.Obtain information from victim and/or witnesses as to where the offender may be;

3.Issue aBOLO(be on the look out) with the description of the suspect;

4.List the information about the suspect on the Uniform Patrol CommunicationsShift Roll Call Pass-On Sheet;

5.Request extra patrol of victim’s neighborhood; and

6.Seek an arrest warrant for the suspect if probable cause exists.

D.Children shall be interviewed in a matter appropriate to the child’s age and separate from all adults.

E.Interview all witnesses and obtain written statements, if possible.

F.Take photographs of the incident following the Domestic Violence Investigation Checklist. Photos shallinclude the crime scene, victim’s injuries, and full-length photos of both.

G.Collect all weapons used and enter as evidence.

H.The deputy shall advise the victim to contact Police Social Services if injuries or bruises appear later.

I.The deputy shall encourage the victim to seek an emergency room examination if injuries exist and request that the victim sign an Authorization for Release of Medical Records and Information located on the Domestic Violence Investigation Checklist.

J.The deputy shall inquire about the existence of a protective order, carefully examine the restrictions imposed if an order exists, and determine whether there is probable cause to believe that the order has been violated.

K.Document all evidence following the Domestic Violence Investigation Checklist.

L.In compliance with R.S.46:2140 (A)(4), Notifying the abused person of his right to initiate criminal or civil proceedings; the availability of the protective order, R.S. 46:2136; and the availability of community assistance for domestic violence victims. The deputy shall provide the victim with aLafourche Parish Sheriff's Office “Peace of Mind” booklet.

M.The deputy shall give the victim a copy of the incident report complaint number on the Victim/Witness Rights, Responsibilities, and Services form for which the victim signs.

N.The deputy shall provide transportation to a local domestic violence shelter if so requested by the victim.

O.The deputy or supervisor shall notify Police Social Services of all domestic violence incidents that require further investigation.

P.All Domestic Disturbance reports shall be forwarded to Police Social Services by Follow-Up Code 16.

Q.Police Social Services shall perform any supplemental investigation required.

R.In domestic disturbances involving prominent citizens, public officials, or law enforcement deputies, responding deputies shall immediately contact the on-duty shift supervisor to respond to the scene. The deputy shall take action to protect the victim and detain the offender while awaiting arrival of the supervisor.

VIIEffecting the Arrest

A.The deputy shall make an arrest when probable cause and legal authority exists to do so in accordance with La. R.S. 46:2140, Law enforcement officers; duties.

A.Whenever a law enforcement officer has reason to believe that a family or house hold member or dating partner has been abused, the officer shall immediately use all reasonable means to prevent further abuse, including:

(1)Arresting the abusive party with a warrant or without a warrant pursuant to Code of Criminal Procedure Article 213, if probable cause exists to believe that a felony has been committed by that person, whether or not the offense occurred in the officer’s presence.

(2)Arresting the abusive party in case of any misdemeanor crime which endangers the physical safety of the abused person whether or not the offense occurred in the presence of the officer. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer’s discretion.

B.Field release or issuance of a citation is not permitted in domestic violence cases when grounds for an arrest are present.

C.If a warrant is necessary, the deputy shall obtain and execute the warrant as soon as practical.

D.If an arrest is not made where probable cause exists, the deputy shall fully explain and document the basis for his decision not to arrest.

E.The deputy shall emphasize to the victim and the offender that the state, not the victim, is initiating the criminal action.

F.In accordance with La. R.S. 46:2140 (B) the deputy shall:

(1)When a law enforcement officer receives conflicting accounts of domestic abuse or dating violence, the officer shall evaluate each account separately to determine if one party was the predominant aggressor.

(2)In determining if one party is the predominant aggressor, the law enforcement officer may consider any other relevant factors, but shall consider the following factors based upon his or her observation:

(a)Evidence from complainants and other witnesses.

(b)The extent of personal injuries received by each person.

(c)Whether a person acted in self-defense.

(d)An imminent threat of future injury to any of the parties.

(e)Prior complaints of domestic abuse or dating violence, if that history can be reasonably ascertained by the officer.

(f)The future welfare of any minors who are present at the scene.

(3)(a)If the officer determines that one person was the predominant aggressor in a felony offense, the officer shall arrest that person. The arrest shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law.

(b)If the officer determines that one person was the predominant aggressor in a misdemeanor offense, the officer shall arrest the predominant aggressor if there is reason to believe that there is impending danger. If there is no threat of impending danger, the officer may arrest the predominant aggressor at the officer’s discretion, whether or not the offense occurred in the presence of the officer. An arrest pursuant to the provisions of this Subparagraph shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law. The exceptions provided for in R.S. 46:2140 shall apply.

G.Deputies are not permitted to charge both parties in a domestic abuse/violence case without consultation and permission of a designated Domestic Violence Specialist. The authority of the Domestic Violence Specialist to make such a decision shall supersede that of the Shift Supervisor and may only be overridden by a member of the Command Staff or above.

1.The Communications Center shall maintain contact numbers for all Lafourche Parish Sheriff’s Office Domestic Violence Specialists.

VIIIDetentionCenter Responsibilities

A.The DetentionCenter is responsible for notification to crime victims of offender’s release from incarceration as per Louisiana Victim Notice and Registration.

B.The Detention Center shall make every attempt to notify the victim (of a violation of a protective order or of domestic violence) of the release of the offender and shall document all such attempts. When unable to contact the victim by telephone, contact shall be made with Police Social Services or Uniform Patrol to go to the victim’s residence to make notification of the offender’s release.

IXEmployee-Involved Domestic Violence

The purpose of this policy is to establish procedures for handling matters of domestic violence, stalking, and/or abuse involving employees of the Lafourche Parish Sheriff’s Office or law enforcement employees from another agency. Direction shall be given to employees responding to an incident of domestic violence when an employee, sworn or non-sworn, of any rank is involved.

A.Where incidents of domestic violence are alleged to have occurred, the agency shall act quickly to protect the victim, arrest the perpetrator, and conduct parallel administrative and criminal investigations. This agency has a “Zero Tolerance” toward domestic violence and if an employee is found guilty in a court of law, the employee shall have all police powers revoked.

1.Domestic Violence for the purpose of this policy refers to any act of violence as defined in La R.S. 46:2132, Definitions and 46:2151, Dating violence (threatened or actual) including, but not limited to, the following:

a.Bodily injury or threat of imminent bodily injury;

b.Sexual battery;

c.Physical restraint;

d.Property crime directed at the victim;

e.Violation of a court order of protection, or similar injunction;

f.Causing the intentional death upon his/her partner;

g.Stalking; or

h.Sexual Assault.

B.Training

1.The Lafourche Parish Sheriff's Office shall collaborate with domestic violence victim advocacy organizations to use as resources for training agency employees when available.

2.Periodic in-service training on domestic violence and stalking may be held to review policy and procedures and discuss their implementation.

C.Pre-Hire Intervention

1A thorough background investigation shall be conducted on all potential employees and a screen for a history of elder, child, or domestic violence abuse shall be conducted.

a.Each employee shall have a psychological screening that focuses on indicators of violent or abuse tendencies.

D.Delineated Responsibilities

1.The agency may refer an employee to the Employee Assistance Program (EAP) or to another external program as a non-punitive avenue to help prevent an act of domestic violence from occurring.

2.Supervisors shall document inappropriate aggressive behaviors of employees through the Early Warning System and forward such information up the chain of command and to the EAP Counselor.

a.Supervisors shall be cognizant of and document all questionable behavior, on or off-duty, where employees may be exhibiting signs of possible domestic violence related problems. This information shall be sent up the chain of command and to the EAP Counselor.

3.Exempt and non-exempt employees are encouraged and entitled to seek confidential assistance from the EAP to prevent a problem from escalating to the level of criminal conduct against an intimate partner.

a.Employees with definitive knowledge of abuse and/or violence involving fellow employees shall report such information in a timely manner to their supervisor. Failure to report such information may result in disciplinary action being taken.

b.Employees who engage in threatening, harassing, stalking, surveillance or other such behavior designed to interfere with cases against fellow employees shall be subject to investigation, disciplinary action and/or criminal charges.

c.An employee who is the subject of a criminal investigation or is subject to protection or restraining order related to domestic violence, regardless of jurisdiction, is required to immediately report to his supervisor notice of all court proceedings in a timely manner. The supervisor shall immediately notify Internal Affairs and the EAP Counselor.

E.Patrol Response

  1. Upon arrival on the scene of a domestic violence call/incident involving aLafourche Parish Sheriff’s Office employee or employee of another law enforcement agency, the responsible employeeshall immediately request the on-duty shift supervisor to respond and notify the Police Social Services Director.
  1. The Shift Supervisor shall immediately notify the Domestic Violence (DV) Specialist on-shift or on-call to respond. The DV Specialist shall investigate the incident following existing procedures as related to domestic violence, investigation and crime scene processing. Any arrest shall be based on probable cause.
  1. Whenever a Lafourche Parish Sheriff's Office employee is arrested, the Shift Supervisor shall notify the Sheriff, Chief Deputy, Internal Affairs, Police Social Services Director and the employee’s Division Commander. The Shift Supervisor shall:

a.Relieve the employee of his service weapon and any other firearms which the victim requests removed from the scene for safekeeping;

b.Inform the employee that he has been placed on paid Administrative Leave, at which time, the employee shall relinquish:

(1)Agency issued weapons;

(2)Agency identification;

(3)Badge;

(4)Fuel man card; and

(5)Any other agency owned property per request.

c.Advise the employee that this incident is being referred to the Sheriff for internal and criminal investigation and notification of such shall be provided by Internal Affairs; and

d.Direct any questions regarding the incident to the appropriate Division Commander.

  1. Whenever an employee of another law enforcement agency is arrested for domestic violence, the Shift Supervisor or Division Commander shall contact that agency’s Chief Executive Officer and request a representative respond to seize any firearms belonging to the respective agency.
  1. The Shift Supervisor shall have all employees involved in responding to the domestic violence incident complete a detailed incident report and forward a copy to Internal Affairs and the Director of Police Social Services.
  1. The Shift Supervisor and DV Specialist shall be responsible for ensuring the victim is informed of the following:

a. The availability of a domestic violence advocate;