Incidents Involving Domestic Violence

Question 1

When should an arrest expected by Deputies

Answer 1

Assault and battery/aggravated assault/reckless endangerment upon any household member within the past 24 hr

Question 2

What will happen in cases that do not have probable cause for an arrest?

Answer 2

It will be referred to the DA’s office to determine the filing of those charges

Question 3

What should Deputies not do?

Answer 3

threaten, suggest or otherwise indicate the possible arrest of all parties, specifically to discourage a request for intervention by this officer

Question 4

What are the 2 exceptions for an arrests?

Answer 4

1. When an officer believes it will be counterproductive to the safety or welfare of the victim and/or household members
2. When the actions were clearly self defense

Question 5

What should the Deputies provide the victims or any domestic violence report?

Answer 5

A copy of Notice to Victims of Domestic Violences of Services, Legal Rights and Remedies

Question 6

What 5 conditions must be met in order to arrest on a protection order?

Answer 6

1. A valid protection order must be in stated
2. A true copy and proof of service of the order filed
3. The person named in the order has received notice of the order
4. There is probable cause that the protection order has been violated within the last 24 hrs
5. The order states on its face that a violation if its terms subjects the person to a criminal penalty