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309 Domestic Assault (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 309 SUBJECT: REVISION DATE SECTION: Domestic Assault May 15, 2008 Yellow PURPOSE To specify the procedures for handling domestic assault calls for service and promote the relationship with the Alexandra House and the Domestic Abuse Response Team, to ensure an effective and coordinated response to domestic assault in the City of Fridley GENERAL The Fridley Police Department believes domestic assault is a serious community crime that needs immediate intervention. As such, the Fridley Police Department supports the goals of the Alexandra House and will seek to accommodate the needs and goals of the program. In order to meet the challenges of domestic abuse prosecution, the Domestic Abuse Response Team was formed. It is a collaboration among the Fridley Police Department, the Alexandra House, and the Prosecutor’s office to come together to build a fact- filled case based on evidence and a complete and thorough investigation. REFERENCES M.S.S. 518B.01 Domestic Abuse Act M.S.S. 629.341 P.C. Arrests for Domestic Violence M.S.S. 609.221 Assault, 1st Degree M.S.S. 609.222 Assault, 2nd Degree M.S.S. 609.223 Assault, 3rd Degree M.S.S. 609.2231 Assault, 4th Degree, Motivated by Bias M.S.S. 609.224 Assault, 5th Degree M.S.S.609.748 Harassment; Restraining Order M.S.S. 609.749 Harassment; Stalking M.S.S. 629.34 Subd.1 (6) Arrest without a warrant Rules of Criminal Procedure 6.03, subd.2. Violation of conditions of release; arrest without a warrant PROCEDURES A. Arrest 1. Assault: A Fridley Police Officer shall arrest any person anywhere without a warrant, including the person’s place of residence, if the police officer has probable cause to believe that the person within the preceding twelve (12) hours has committed a domestic assault against a family or household member as defined by MSS 518B.01 a) The presence of visible injuries is not required for a determination of probable cause, although greater scrutiny may be needed in the determination of probable cause where no visible injuries are present. b) Probable cause is defined as follows: Based on the officers observations and statements made by the parties involved and witnesses (if any), the officer, using reasonable judgment, believes an assault did occur and that the person to be arrested committed the assault. 2. Multiple Arrests and Self-Defense: An officer shall not make a multiple arrest unless the officer has probable cause to believe that neither person to be arrested acted in self-defense. While a person may use reasonable force to defend against imminent injury to him/her self, or to another or to prevent the commission of a crime, self-defense does not include seeking revenge or punishing an offender. 3. Charging Decision Procedure: a) Whenever there is an arrest made in a domestic assault, the arresting officer or an assisting officer shall attempt to speak with the victim as soon as possible. The victim shall be questioned regarding any known qualified domestic violence related offense convictions of the defendant and where (County/ State of arrest). Every effort shall be made to take a recorded statement from the victim and any witnesses at the scene. b) The officer shall not issue a misdemeanor citation until the status of the prior arrest or charge is determined. ISU or Anoka County Central Communications shall do a criminal record check on the defendant. c) If it determined that the assault is a gross misdemeanor or felony, the report should be forwarded to the Detective Division for prosecution. d) All officers should follow state statutes when charging suspects for domestic related incidents. 4. Investigating and Report Writing: Whenever an officer investigates an allegation that a domestic assault or order for protection violation has occurred, the officer shall make a written report. a) This report shall document any crimes which may have been committed, such as criminal damage to property, terroristic threats, assault, or violation of a protection order. b) The officer shall indicate in the report any statements made by the victim or alleged assailant. A recorded victim statement should be taken as soon as practical. c) If an officer makes multiple arrests, the officer shall document how probable cause was established for each individual arrested. 5. Victims Rights and Information: Officers shall advise victims of the availability of Alexandra House and the Alexandra House or DART Advocate. The officer shall give the victim their legal rights and services card as set forth in MSS 629.341, subd.3. Following a domestic related arrest the officer shall advise the victim that an advocate from the Alexandra House will be contacting them to explain services provided by the program and give them information regarding their legal options and rights. 6. Assistance to Victims When No Arrest: If an officer does not make an arrest when he/she has probable cause to believe that a person has committed domestic assault or violated an Order for Protection, the officer shall provide immediate assistance to the victim to include: a) Assisting the victim in obtaining necessary medical attention; and; b) Providing the victim with the notice of rights pursuant to MSS 629.341, subd.3. 7. Notification of Alexandra House: The officer shall contact the Alexandra House by phone as soon as possible on all domestic related arrests, including violations of Orders for Protection and where the officer has probable cause to believe a domestic assault has occurred but the officer is unable to apprehend and arrest the assailant. The officer will give the name and telephone number of the victim, the name of the alleged assailant and a brief description of the incident. 8. Child Victim: If a child is present at the scene of a domestic call or is the victim of domestic abuse, the police officer should determine whether the child has been subjected to physical abuse, sexual abuse, or neglect, and comply with the requirements of MSS 626.556, Reporting Maltreatment of Minors. The officer shall also attempt to verify whether there has been an Order for Protection issued, MSS 260.133. If the child has been physically injured, the officer should escort the child to the nearest hospital for treatment. Child Present and Care: If the legal guardian of a child can no longer provide care (for example, when the guardian is hospitalized), the officer should consult with the legal guardian to determine the disposition of the child and should make a good faith attempt to follow the request of the parent or legal guardian. If the officer reasonably believe that the child’s immediate surroundings or conditions endanger the child’s health and welfare, the officer may take the child into immediate custody pursuant to MSS 260.165, subd.1 (c),(2). B. Non-Arrest 1. Whenever an officer investigates an allegation that a domestic assault occurred the officer shall make a written report. 2. The officer shall advise victims of the availability of Alexandra House and give the victims their legal rights and services card as set forth in MSS 629.341, subd.3.