* This Directive is currently under review*
825.00 DOMESTIC VIOLENCE, ARRESTS AND RESTRAINING ORDERS
- ORS 107.705 Other Family and Household Relationships, defined:
- ORS 133.055 (2)(a) Mandatory Arrest for Domestic Violence
- ORS 133.055 (2)(b) Not Required to Arrest Both Parties
- ORS 133.055 (2)(c) Requirement to Determine Primary Assailant
- ORS 133.055 (3) Requirement to Use All Reasonable Means to Prevent Further Abuse From Family or Household Members
- ORS 135.230 Domestic Violence Relationships Applied to Conditional Release Restrictions
- ORS 135.260 (2) Prohibit Contact of Victim on Conditional Release for Domestic Violence
- ORS 163.160 (3) Assault IV
- ORS 163.190 Menacing
- DIR 825.10 Domestic Violence, Member Involved
- Notice of Legal Rights and Remedies for Victims of Domestic Abuse (FSD)
PROCEDURE (825.00) Domestic Disputes
a. All domestic disputes require a two-member minimum response. Members will not be allowed to advise on cover.
b. A member shall arrest and take into custody the offender if the dispute involves family or household members and responding members have probable cause to believe one of the persons has either:
1. Assaulted the other person.
2. Placed the other person in fear of imminent serious physical injury.
3. Household and family members are spouses, former spouses, adult persons related by blood, marriage or adoption, persons of opposite sex residing together or who formerly resided together, persons co-habiting, or who have cohabited, persons who have been sexually intimate with each other within two (2) years (including same sex relationships), and persons who are unmarried parents of a child.
c. If the suspect has left the scene, the members shall make a reasonable effort to locate, arrest and take the subject into custody.
d. Members will not issue citations in lieu of custody for any domestic violence (DV) offense.
e. Members shall make every effort to determine who is the primary assailant or potential assailant by considering, among other factors:
1. The comparative injuries inflicted or the seriousness of threats creating fear of physical injury.
2. If reasonably ascertainable, the history of domestic violence between the persons.
3. Whether any alleged crime was committed in self defense.
4. The potential for future assaults.
f. Members shall provide each person immediate notice of the legal rights and remedies available.
Felony Assault IV (825.00)
In Assault IV situations where minor children or stepchildren of either the assailant or victim, or children residing within either household, were present during, or witnessed, the assault, or the assailant has a prior conviction for assaulting the same victim, or the person has previously been convicted at least three times under ORS 163.160 or equivalent laws, as defined by ORS 135.230, in this or any other jurisdiction, members shall charge the assailant with Assault IV - Felony, ORS 163.160. Witnessed in this section is the assault being seen or directly perceived in any other manner by a child.
The reporting member will complete a case envelope, in addition to required reports. The case envelope will be delivered to the Detective Division prior to 1000 hours on the same business day for crimes occurring prior to 0400, and by 1000 the following day for crimes occurring after 0400. The Detective Division is responsible for the Assault IV-Felony distribution, once the completed case envelope is received.
Photographic Evidence (825.00)
Visible injury is evidence of the crime and officers are expected to preserve it. This can be done with the use of digital cameras, but this is not meant to be a replacement for call outs of, or follow ups by, Forensics Evidence Division (Forensics). Criminalists are to be called when 35 mm photographs, fingerprints, or other forensic evidence is necessary for documentation. The reporting member will contact Forensics, upon any referral, with information about the incident.
Domestic Dispute Mandatory Reporting (825.00)
In all cases of domestic disputes a police report will be written and submitted prior to the end of the member’s shift. Under no circumstances, even if the allegations appear unfounded, will members give BOEC a coded response in lieu of writing a report. In cases where there has been no crime committed, members will complete a Special Domestic Violence Report. Members will complete an Investigation Report and a Family Abuse Supplemental Report when responding to domestic dispute calls where probable cause exists that a crime has occurred. Crimes such as harassment or vandalism shall be documented on an investigation report. The Special Domestic Violence Report is only for situations where no crime occurred.
Restraining Orders (825.00)
The Family Abuse Prevention Act provides for restraining orders as a civil means to protect the abused from the abuser. Petitioners for restraining orders do not need an attorney to file for a restraining order. Restraining orders do not cost anything to obtain for the petitioner.
A petitioner must be a person who has been either assaulted or threatened with violence by a person who is in a household relationship with the victim within the past 180 days. If the respondent has been out of town or in jail, the 180-day time limit can be extended by the courts.
A petitioner cannot serve his or her own restraining order. A restraining order can be served by.
a. Sheriff’s Office civil deputy.
b. Police officer.
c. Oregon resident 18 years of age or older.
Restraining Orders can be confirmed in LEDS/NCIC.
In situations where the order has not yet been served and both the petitioner and respondent are present, members on the scene shall assist by personally serving the order or ensuring the order is served by a third party, if this can be accomplished in a timely manner. The petitioner copy may be served upon the respondent if the respondent copy is unavailable. Should the respondent refuse to comply with the restraining order before the order can be entered into LEDS, the order can be enforced to protect the petitioner.
Proof of Services (825.00)
If the restraining order is served by a member, it becomes the responsibility of the member serving the order to deliver a true copy of the affidavit of proof of service using the following procedures:
a. Call MCSO records to advise that the Restraining Order has been served and whether you will fax or deliver the "Notification of Service" form in person. The current phone number is in the Problem Solving Resource Guide.
b. Complete "Notification of Service" form (available at all precincts), and either fax or deliver the form in person to MCSO records no later than the completion of the member’s normal shift. This form states that personal service of the petition and order was served on the respondent. If the form is faxed the member will need to send the original via interoffice mail to Family Court/BLDG 101/Rm 211.
c. Include VCAD# on form, if available.
d. Note in VCAD the date/time/location/persons served and RO#.
Violation and Enforcement of Restraining Orders (825.00)
Restraining orders contain different prohibitions for each respondent. If possible, members should call the issuing county to confirm what actions/contacts the respondent is ordered from committing. If this is not possible, members should make a good faith effort to enforce the order.
Only the respondent is restrained by the order. A petitioner may initiate contact with the respondent. However, should the respondent have the contact, the respondent, not the petitioner, is in violation of the order and subject to arrest.
Restraining orders can mandate the respondent not have any firearms in their possession. Respondents are in violation if they possess a firearm, even if the petitioner is not present or involved.
Members may be requested to take control of firearms by either the respondent or petitioner, pursuant to the restraining order. When this request is made and there has not been violation of the restraining order as of that time, the firearms may be taken as safekeeping. Note on the Property Evidence Receipt the relevant restraining order number, and note the owner/respondent cannot have the weapons released to them pursuant to a restraining order. If firearms are part of a violation of the restraining order, they will be taken as evidence since safekeeping no longer applies.
When probable cause is established that a restraining order has been violated, members on the scene shall arrest and take the violator into custody, if present. If the violator has left the scene, members shall make a reasonable effort to locate and arrest and take the violator into custody.
Members will not issue citations in lieu of custody for violation of a restraining order.
The Federal Violence Against Women Act allows petitioners holding restraining orders issued in another state to be entitled to full enforcement of the order for violations occurring within our jurisdiction. If the order is not entered in an accessible data base, LEDS, NCIC, etc., members need to make a good faith effort to verify the copy of the order the petitioner has is a true copy and the respondent has been served with that order.
A violation of an out-of-state restraining order will be enforced in the same manner as an in-state restraining order. Once probable cause is established, the violator will be arrested. If possible, the member should obtain a copy of the true (original) copy to be attached to the original reports. The report will be reviewed by the Multnomah County District Attorney’s Office for prosecution or referral to the U.S. Attorney’s Office.
Restraining Order Reporting (825.00)
The violation of a restraining order is a crime. This requires an Investigation Report to be filed when a violation is reported. The Supplemental Family Abuse Report will not be necessary, unless there is an additional domestic dispute associated with the prohibited contact.
Civil Standbys (825.00)
If there is a valid restraining order prohibiting the respondent from going to the petitioner’s residence, or having contact with the petitioner, and the respondent needs to get essential personal effects from the petitioner’s residence, the respondent may request a civil standby.
A civil standby will be coded a two-member, Priority 3 call by BOEC. Members assigned will not be dispatched to another call until the standby/move out is completed.
Responding members will meet the respondent at a neutral location and confirm with the requestor that there will be a maximum of 20 minutes allowed for the standby. The respondent may be referred to the restraining order under Essential Personal Effects. Articles that, the member is aware of, are in dispute will not be removed from the residence. The member may advise respondent to seek private legal advice as to the distribution of disputed property.
Members will accompany the respondent to the location. Prior to allowing the respondent inside the location address, members will ascertain if the petitioner will allow the removal of property. If the petitioner is uncooperative, the respondent will be instructed to seek private legal advice and obtain a court order to obtain the desired personal effects, and the respondent will be asked to leave the scene. Respondents who refuse to leave are subject to arrest for violation of the restraining order.
If the petitioner is not present, the member will not allow entry into the residence or the removal of property from the residence or location. The members will instruct the respondent that the restraining order is still in effect and the respondent should leave. The respondent may try again, when the petitioner is present.
A civil standby is intended only to facilitate the removal of essential personal belongings, which include, but are not limited to, clothing, diapers, medications, Social Security cards, birth certificates and identification. Personal effects belonging to children may be removed, if the respondent has custody of the child/children.
Follow Up Investigations (825.00)
The Domestic Violence Reduction Unit (DVRU) will perform follow-up on misdemeanor and non-measure 11 felony domestic violence reports based on criteria including lethality, likelihood of recidivism, the presence of children and the history of the offender. Officers are encouraged to perform follow-up and/or fax reports to DVRU on domestic violence crimes. Officers are required by this directive to make a thorough initial investigation including interviews of witnesses and the collection of evidence. Officers should make a reasonable effort to locate and arrest suspects who have fled the scene prior to their arrival. The DVRU will work in conjunction with the Detective Division, if requested, on other felonious assaults stemming from domestic violence.