4-07/033.00 - Domestic Violence

4-07/033.00
DOMESTIC
VIOLENCE

SH-R-49
URN

Station
Detective

See Volume 5, Chapter 9.

"Domestic Violence" means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or a person with whom the suspect has had a child or is having or has had a dating or engagement relationship.

"Abuse" means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to themselves, or another.

A "weapon" for the purpose of Domestic Violence reporting shall include any object capable of inflicting injury.  This includes hands, fists, feet, and any other body part.

“Dominant Aggressor” means the person determined to be the most significant, rather than the first, aggressor.

In all Domestic Violence reports, the deputy shall:

• Document any observed signs that the alleged abuser was under the influence of alcohol and/or a controlled substance;
• Document if any law enforcement agency (including LASD) has previously responded to a domestic violence call at the same address involving the same suspect and victim;
• Inquire whether firearms or other deadly weapons are present at the location and if they were used or threatened to be used.  Include the results of the inquiry and any injuries in the narrative;
• Inquire if the victim was strangled or suffocated by the alleged abuser during the incident and document the results of the inquiry;
• If firearms or other deadly weapons are confiscated, document all weapons and receipt numbers;
• Document the name and date of birth of all children living at the location, and indicate all children who were present during the incident;
• Contact the Department of Children and Family Services (DCFS) and initiate a suspected child abuse report (SCAR) if the child is a witness, a victim, or is potentially at risk.  The SCAR number provided is to be noted in the report;
• Offer an Emergency Protective Order (EPO) to the victim and document the results (if the victim refuses the EPO, the deputy has the discretion to obtain an EPO on the victim’s behalf without the victim’s consent if the deputy believes the victim is still in danger); and
• Document that a Family Abuse Intervention Resource (FAIR) brochure, Report Information brochure, and the Victim Information and Notification Everyday (VINE) brochure was given to the victim at the scene.

Listed below are guidelines to be followed when assigning a statistical code to cases of Domestic Violence:

050 If a dangerous or deadly weapon is used or there are serious injuries (broken ones, internal injuries, or injuries requiring stitches) to the victim which could have been caused by a personal weapon (such as hands, fists, or feet).

146 If a personal weapon (such as hands, fists, or feet) is used and there are no visible or minor injuries to the victim.

175 If the Domestic Violence is criminal in nature, but no weapon was used and there are no physical injuries to the victim (e.g., stalking, violation of court order, or vandalism).

449 Noncriminal Domestic Violence is when there may have been arguing, etc., but there is no evidence of physical force.  Therefore, the elements required to classify that a crime occurred do not exist.

708 Suspicious Circumstances, Possible Domestic Violence is to be used when the victim claims domestic violence occurred, but there are no visible elements or evidence sufficient to classify the incident as a crime.

Criminal
Domestic
Violence

SH-R-49
URN

Station
Detective

A

"Criminal" Domestic Violence is domestic violence involving an arrestable violation of the law.

See under appropriate crime classification.

Code as applicable.

Noncriminal
Domestic
Violence

SH-R-49
URN
449

Station
Patrol

I

"Noncriminal" Domestic Violence is domestic violence where a specific crime has not been committed, but there is reasonable apprehension of imminent serious bodily injury by one of the involved parties.

Code 449 - Miscellaneous, Noncriminal.