Search Canton

Search CantonPolice Policies2.02

Policy 2.0221 source pagesCanton Police Department

Domestic Disputes Policy

Policy text

Show or hide all policy page text
Source details

Source file: 2.02 Domestic Disputes Policy.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.

M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.

01PDF page 1Read textHide text

Saved policy textView PDF page ↗
Policy & Procedures                 No. 2.02
                                  Subject:
                Domestic Disputes
                                  Issuing Authority:                                       Effective Date:    Review Date:
                     Chief of Police                   10/01/2009  12/04/2023
                                                                                  References:

 Review
 Revision   01/01/2014
 Reissued   02/17/2016
 Dates:     11/29/2019
            11/13/2020

CALEA Standards  41.4.3 41.4.5

         GENERAL CONSIDERATIONS AND GUIDELINES

Among the most difficult and sensitive calls for police assistance are those involving domestic
violence. When responding to a domestic disturbance, officers must be both alert and impartial,
and must be concerned with the needs of victims where domestic violence is apparent or alleged.
Police are well aware that situations which appear minor at first glance can mask a much more
serious condition. Therefore, whenever possible, at least two police officers should be assigned
to a domestic violence situation, unless immediate intervention is necessary to prevent serious
physical harm. This will enhance officer and victim safety.

Appropriate and effective police response to domestic violence calls is the best mechanism for
enhancing victim safety. It is also the means by which police departments can minimize
departmental liability. It is, therefore, imperative that police officers receive appropriate training
in the handling of domestic violence complaints and the members of this department implement
the guidelines contained within this directive.  It is also imperative that members of this
department observe and follow the statutory obligations whenever involved in a reported domestic
violence incident.

               POLICY

The Canton Police Department recognizes Domestic Violence as a universal problem
that affects people from all walks of life. The purpose of this policy is to establish
guidelines and to give direction to officers when dealing with domestic violence
incidents. Domestic Violence is a criminal activity and, in such cases, where probable
cause can be established, arrest is considered an appropriate and a preferred response. No
person is exempt, whatever his or her occupation, from the consequences of their actions
that result in violation of M.G.L. c. 208, 209, 209A, 209C and/or Superior Court
injunctions. 41.4.5

            Canton Police Department’s Domestic Disputes Policy              Page 1

02PDF page 2Read textHide text

Saved policy textView PDF page ↗
This policy is issued to:

                        1.  Ensure the safety of victims;

                        2.  Ensure compliance with all provisions of a court order;

                        3.  Ensure compliance with Massachusetts General Laws, Policy and
                         Procedures, Rules and Regulations; to include: M.G.L. c.208, 209,
                      209A, 209C: M.G.L. c.140, s.129B (An Act Relative to Firearms,
                          Effective July 1, 1994); Executive Office of Public Safety’s Domestic
                        Violence Law Enforcement Guidelines – 2001 (revised);

                        4.  Provide procedures for the uniformity of the investigation, notification
                      and reporting of said incidents;

                        5.  Preserve the integrity of the investigation, and

                        6.  Provide for the securing of weapons surrendered.

M.G.L. c. 209A: ABUSE PREVENTION LAW

     I.    DEFINITIONS

         A. ABUSE
             For the purposes of this policy, "ABUSE" is defined by M.G.L. c. 209A, § 1 as
               the occurrence of one or more of the following acts between family or household
            members:
                        1. Attempting to cause or causing physical harm. For example, punching,
                      kicking, shoving, etc.;
                        2. Placing another in fear of imminent serious physical harm – refers to
                        threats and to situations where the abuser has assaulted the victim, but no
                       battery has occurred; or
                        3. Causing another to engage involuntarily in sexual relations by force,
                        threat or duress. Note that the parties’ marital status is irrelevant. There is
                  no marital exclusion to preclude a spouse being charged with rape.

           B. FAMILY OR HOUSEHOLD MEMBERS
                        1.     Persons who are or were married to one another;
                        2.     Persons who are or were residing together in the same household
                             (including dorms);
                        3.     Persons who are or were related by blood or marriage;

                        4.     Persons who have a child in common regardless of whether they
                          have ever married or lived together; or
                        5.     Persons who are or have been in a substantive dating or
                         engagement relationship- includes same sex relationships. Officers
                        on the scene have the authority to determine whether or not a
                              substantive dating relationship existed based on consideration of
                              the following factors:

            Canton Police Department’s Domestic Disputes Policy              Page 2

03PDF page 3Read textHide text

Saved policy textView PDF page ↗
a.  The length of time of the relationship;
                                    b. The type of the relationship;
                                       c.  The frequency of interaction between the parties;
                                    d.  If the relationship has been terminated by either person, the
                                 length of the time that has elapsed since the termination of the
                                   relationship.

    II.   CIVIL LIABILITY
             According to M.G.L. c. 209A, § 6: "No law officer shall be held liable in any civil
               action regarding personal injury or injury to property brought by any party to a
             domestic violence incident for an arrest based on probable cause when such
                officer acted reasonably and in good faith and in compliance with this chapter and
               the statewide policy as established by the Secretary of Public Safety."

                        1.     Chapter 209A, section 6 does not extend to suits brought in Federal
                            Court; it applies to Massachusetts Courts, only.

                        2.     Police officers should know that overreaction might not be the only
                              basis for civil liability. Officers should also be concerned with
                                 their failure to act, which is more likely to cause for a suit. In
                            Irwin v. Town of Ware (1984), the SJC made it clear that a
                            municipality can be held liable for the failure of its police officers
                               to act with reasonable care in protection members of the general
                               public.

                   PROCEDURES

The provisions of M.G.L. c. 209A impose specific responsibilities upon the police in
regard to a domestic abuse situation. All officers are expected to be thoroughly familiar
with the contents of that statute (as amended from time to time) and to act with
appropriate discretion and competence in carrying out its provisions.

I. RESPONDING TO THE SCENE

   A. DISPATCH AND IMMEDITE RESPONSE

      The high risk of injury associated with domestic violence situations requires that
        officers immediately proceed to the place of the dispute.
        1.    Whenever possible, two officers should be dispatched to the scene.
        2.      Officers should be provided with the following information, when dispatched to a
              suspected domestic call:
                 a.    The existence of any warrants (by a check of CJIS and the Warrant
                 Management System);
                b.    The criminal history of the suspect --with a Board of Probation (B.O.P.)
                     check;

            Canton Police Department’s Domestic Disputes Policy              Page 3

04PDF page 4Read textHide text

Saved policy textView PDF page ↗
c.    The existence of any protective orders against the suspect (B.O.P.
                 check) (Include orders held by persons other than the victim in this
                   case);
            d.    Any other relevant information the department is aware of, especially
                  regarding a history of incidents involving the particular address, or the
                     parties, and the likelihood of firearms being present; and
             e.     Record of firearms identification cards and/or licenses to carry having
                been issued to resident(s).

    3.     Dispatch officer should inform the caller of the approximate time of the officer’s
             arrival.

B. PROBABLE CAUSE STANDARD
    Police officers should keep in mind that the same standard for probable cause
    applies to domestic violence offenses as for any other crime. (See Arrest
    Guidelines)

C. INITIAL OBSERVATIONS
   Upon approach, officers shall make observations of the scene and listen for any
   sounds or evidence of a disturbance. Observations should be documented in the incident
    report. (See Section IX. I Incident Reports)

D. ENTERING A PRIVATE RESIDENCE

   When investigating a report of domestic violence, officers should be thorough and
   observe the following guidelines:

    1.      Officers may enter private premises without a warrant in the following
           circumstances:
             a.     At the request of someone in lawful control of the premises;
            b.    Where there is imminent danger of violence that could result in death or
                   serious physical injury;
             c.    Where a breach of the peace has been committed in an officer's
                  presence;
            d.    When a police officer has probable cause to believe a felony has
                 occurred or is being committed and is in fresh pursuit of the fleeing felon.
             e.      In the absence of any of the aforementioned situations (exigency
                 circumstances or consent to effect a lawful entry), an officer will be
                  required to obtain a warrant in order to gain entry into private premises.

    2.      "Private premises" shall include but not be limited to, a house, an
           apartment, a condominium, a hotel room, a mobile home, a dormitory room or a
          house trailer.

    3.      Officers shall remain on the scene where the abuse occurred or was in
          danger of occurring as long as the officer has reason to believe that at least
         one of the parties involved would be in immediate physical danger without
           the presence of the officer.

         Canton Police Department’s Domestic Disputes Policy              Page 4

05PDF page 5Read textHide text

Saved policy textView PDF page ↗
4.      Officers should always consider the requirements of the Fourth Amendment when
           considering entering any premise.

E. OFFICERS DEMEANOR

   The initial contact by the responding officers should convey a professionally calm
   and helpful attitude.
    1.    The officers shall state their reason for being present. Try to include children
        when explaining an officer’s presence, particularly if an arrest is being made.

    2.      Officers should strive to be considerate and attentive toward all parties and
            their problems regardless of an officer's own views or personal reactions
          toward the matter or parties involved.

    3.    Upon entering, officers shall prevent the physical movement of the parties
           as much as possible and control their access to any potential weapons.

    4.      Officers should be mindful that persons who are under the influence of drugs or
           alcohol, or who suffer from mental illness, might pose a safety risk to themselves
           or others at the scene. Special precautions may need to be taken in these
           circumstances.

    5.       If the family does not speak English, when possible, DO NOT use the children as
            interpreters. This could prove dangerous to the child and the adult victim.
           Officers can call QWEST, a multilingual communications network for use by
           police departments at 888-892-2850 for interpretive language services 24 hours a
           day.

    F.   OFFICERS ROLE AT THE SCENE

         The responding officers must take immediate control of the situation and should
           separate the parties to prevent any violent action. The parties should be
           interviewed separately, and if there are two officers present at the scene, they
           should, if practical, remain within view of each other to enhance officer safety
         and to avoid any subsequent allegations of mistreatment. In attempting to
           ascertain the facts in the dispute, the officers should allow each party to present
            his or her story individually, avoiding any unnecessary interruptions by the other
            party. Separating the parties also allows each to relate matters to an officer
          without being overheard, influenced or intimidated by the other party. Officers
          should determine whether interpretative language services are needed and should
          seek out such services where available.

   G.   SERIOUS INJURY

           In cases of serious injury, the preferred method of transportation is via ambulance.
           Officers are authorized by M.G.L. c. 209A, § 6 to transport victims of domestic
           violence to the emergency room of the nearest hospital, or to arrange for
           appropriate transportation to a health care facility. Officers should receive

         Canton Police Department’s Domestic Disputes Policy              Page 5

06PDF page 6Read textHide text

Saved policy textView PDF page ↗
approval from their supervisor prior to transporting a victim of domestic abuse in
              a cruiser, except in an emergency. If the victim is not seriously injured or declines
                transportation, the victim may then seek transportation through his or her own
             means.

II. INVESTIGATION
    Officers responding to domestic violence calls should ensure a thorough investigation is
   conducted:

      A.   INTERVIEWING WITNESSES

             Attempt to identify and interview the party who called the police, neighbors, and
               other potential witnesses.  All parties present and involved should be documented
               in the incident report. Do not tell the suspect who called the police. Be mindful
              of the callers concerns regarding retaliation.

       B.   INFORMATION FROM THE SCENE

             Attempt to obtain the following at the scene or during the follow-up investigation:

                1.  Determine the relationships of all parties, including children, at the scene. If
                  children are not immediately observed, ask if there are children present in the
                 household. If children are present, check their physical well-being and record
                    their names and dates of birth.

                2.  Obtain the number of the victim’s residence and cell phone, both of which
                 should be included in the incident report so the clerk, station officer or court
                 personnel may inform the victim of the abuser's release on bail. Inform the
                  victim that if she/he intends to leave the residence and wishes to be informed
                  of the abuser’s release, she/he must inform the police department of a number
               where she/he may be reached or where a message may be left safely.

     NOTE: If the victim will be seeking to hide from the abuser, KEEP A SEPARATE
    RECORD of the address and phone number. Do not put an address in any document the
       abuser may have access to.

                3.  Obtain information about the suspect's ownership of, presence of, or access to
                   firearms, and their location.

                4.  Officers should gather information regarding a defendant's dangerousness to
                be included in the incident report. This information should be provided to the
                  Bail commissioner in determination of bail and to the Prosecutor for use at
                  arraignment. Therefore, gather information regarding the defendant's:
                         Criminal history;
                         History of drug and/or alcohol abuse;
                         History of abusing the current victim;
                         History of abusing other victims;
                         Possession of weapons;

            Canton Police Department’s Domestic Disputes Policy              Page 6

07PDF page 7Read textHide text

Saved policy textView PDF page ↗
        Use of weapons in prior abuse of the victim;
                       Past threats against or abuse of pets;
                       Past attempts or threats to kill;
                       Past attempts or threats to commit suicide.

            5.  Ascertain if there is a history of such disputes and whether there are any
               vacate, restraining, no-contact or other protective orders currently in effect,
              including those held against the suspect by someone other than this victim.
                      a.    Document allegations of prior abuse, including expired protective
                           orders.
                    b.    Document past use of weapons in prior domestic abuse incidents.
                      c.     Seek appropriate criminal action for prior incidents.

            6.  It’s important to keep in mind that a child’s safety is paramount.
              Standard procedures such as D.C.F. (formerly known as D.S.S.) notification,
           when appropriate, should be followed for ensuring a child’s safety.

            7. The parties should be advised to resolve any visitation and custody
                issues through the Family and Probate Court.

C. INFORMATION DOCUMENTATION

   Properly document important information, i.e., spontaneous utterances (direct
    quotes) by the victim, the suspect, children, and other witnesses. In collecting
   evidence of domestic abuse, law enforcement officers are strongly encouraged to
   use photographs to document injuries sustained by the victim and the condition of
    the crime scene. Contemporaneous records of injuries and crime scene condition
    are critical to the prosecution of alleged abusers.
           1.    When documenting the scene photographically, officers are reminded to
                  take both close-up and full scene pictures. Follow-up photographs of
                    injuries should be taken 2-3 days after the incident to document
                  progression of injuries.

           2.      Collect physical evidence (including weapons used, even when simple
                household item) and document collection in the incident report.

III. ARREST GUIDELINES

   A.   THE DECISION TO ARREST

            1.    The safety of the victim and any involved children shall be paramount in
                any decision to arrest, and in the timing of the arrest.

            2.    As in other types of criminal investigations, uncorroborated statements by
                 a victim can constitute probable cause that the crime occurred.

         Canton Police Department’s Domestic Disputes Policy              Page 7

08PDF page 8Read textHide text

Saved policy textView PDF page ↗
3.    The decision to arrest must be based on whether probable cause exists that
                  the crime occurred, not on whether the victim wishes to seek complaints
                  or wishes to testify at a future date. 41.4.5

            4.     Substance Abuse / Mental Health Issues:

                      a.    When assessing credibility in order to establish probable cause,
                            officers should remember that a victim who is under the influence
                         of drugs or alcohol, or who suffers from mental illness, is not an
                          inherently unreliable witness
                    b.    An abuser who is under the influence of drugs or alcohol, or who
                           suffers from certain mental illnesses, may pose a greater risk to the
                          safety of the victim, the officer, the child and him/herself.

            5.      Officers should also remember that it is not unusual for an abuser to
                  display a calm demeanor following a violent assault.

            6.      Officers should be mindful that the victim has just been traumatized and
             may appear agitated, confused, numb, anxious, tearful or afraid.  It is
                 important to determine the dominant aggressor.  It is not the person who
                  struck first, but who had a pattern of domination and control.

B. ARREST: MANDATORY OR PREFERRED

  An officer’s authority or mandate to arrest is set forth in M.G.L. c. 209A, § 6 (7).

    1.     In the interest of immediacy, and the statutory mandate to arrest, officers
            shall make a warrantless arrest of any person the officer witnesses or has
          probable cause to believe has violated an emergency, temporary or
          permanent vacate, refrain from abuse, stay away or no-contact order or
          judgment, a suspension and surrender order, or protection order issued by
         any jurisdiction. 41.4.3; 41.4.5

    2.    When there are no refrain from abuse, vacate, stay-away or no-contact
           orders or judgments in effect, arrest shall be the preferred response 41.4.3; 41.4.5
         whenever an officer witnesses or has probable cause to believe that a
           person:
             a.    Has committed a felony; or
            b.    Has committed an assault and battery of a family or household member in
                   violation of M.G.L. c. 265, § 13A;
             c.     Has committed a misdemeanor involving abuse, as defined in M.G.L. c.
               209A; or
            d.    Has committed an assault and battery or permits another to commit an
                   assault and battery upon an elder or a person with a disability in violation
                  of M.G.L. c. 265, § 13K.

       NOTE: 41.4.3; 41.4.5 Even if the victim is unwilling to bring a complaint against
                  the alleged abuser, officers are expected to arrest where probable cause
                     exists. (Note: While M.G.L. c. 276, s. 28 concerning arrests without a

         Canton Police Department’s Domestic Disputes Policy              Page 8

09PDF page 9Read textHide text

Saved policy textView PDF page ↗
warrant for a violation of certain statutes, among which are listed in c.
               209A, uses the word “may”, this is superseded by the provisions of c.
              209A which specifies that officers “shall” make such a warrantless arrest.)
                          Additionally, the trespass law- M.G.L. c. 266, s. 120 – has been
               amended by including within its scope a violation of a vacate order issued
                 pursuant to M.G.L. c. 208, s, 34B, or M.G.L. c. 209A.
                        Decisions to arrest in a domestic situation will be based on whether
                  or not probable cause and the authority to arrest exists, not on whether or
                  not the victim agrees to the action, or to testify at a future date.

C. IF THE SUSPECT HAS FLED THE SCENE

   When probable cause to arrest exists, and the suspect has fled the scene:

    1.     In an attempt to locate and arrest the suspect, the officer will have the
          communications officer advise area patrols, including other jurisdictions, where
           the suspect is believed to be going in order for those patrols to attempt to locate
         and arrest the suspect.
    2.    One department's statement that probable cause to arrest exists shall be
          honored by another department. The second department shall immediately
           attempt to affect the arrest as requested by the investigating department.
    3.     In cases involving abuse as defined under M.G.L. c. 209A, officers will attempt to
        make a warrantless arrest within a reasonable period of time. However, as soon as
             is practical, the investigating department shall seek an arrest warrant from the
           appropriate court.
    4.    When probable cause exists to believe a crime involving abuse occurred, it is not
          proper procedure to advise the victim to seek complaint applications on his or her
         own.

D. DUAL ARRESTS

    1.     Dual arrests, like the issuance of mutual restraining orders, are strongly
          discouraged because they trivialize the seriousness of domestic abuse and
           increase the danger to victims.
    2.      Officers should attempt to identify the dominant aggressor and take action
          based on that determination. In the majority of cases, an effective
           investigation will reveal the dominant aggressor.
             a.      Officers should be aware of the difference between offensive vs. self-
                  defensive injuries.
            b.       If neither party acted in self-defense and both parties have committed an
                   act of domestic abuse, then the officer should determine who the dominant
                  aggressor is and take action considering the totality of the circumstances.
    3.    Any officer arresting both parties is required by law to submit a separate
            detailed, written report, in addition to an incident report, setting forth the
          grounds for dual arrest.
    4.      Officers investigating an incident of domestic violence shall not threaten,
           suggest, or otherwise indicate the arrest of all involved parties for the purpose of
          discouraging requests for law enforcement intervention by any party.

         Canton Police Department’s Domestic Disputes Policy              Page 9

10PDF page 10Read textHide text

Saved policy textView PDF page ↗
E. SUBSTANTIVE DATING RELATIONSHIPS

    1.      Officers will gather information to determine whether or not a substantive
           dating relationship exists. Officers will examine the same factors which the courts
          review when making this determination:
                the length of time of the relationship;
                the type of relationship;
                the frequency of interaction between the parties; and
                If the relationship has been terminated by either person, the length of time
                    that has elapsed since the termination of the relationship.
    2.       If the officer determines that a "substantive dating relationship" exists or did exist,
          then the officer shall take the proper action, including arrest when appropriate,
           regardless of whether the victim seeks a restraining order.
    3.    Even in cases where there is no substantive dating relationship, a crime,
          such as stalking or criminal harassment, may have been committed.

F. ARREST OF A CARETAKER

    1.     In cases involving abuse of a child, an elder or a person with a disability,
            officers must address the issue of whether or not the victim can be left alone
           safely in the event the abuser is arrested.
    2.       If the child, the elder or the person with a disability cannot be left alone, the
           appropriate protective agency must be contacted in order to arrange for temporary
            care.
             a.     Mandated reports of abuse or neglect of a child shall be filed with the
                Department of Children and Family Services (DCF). M.G.L. c. 119, §51A.
                 (781) 641-8500.
            b.     Mandated reports of abuse or neglect of a disabled person shall be
                    filed with the Disabled Persons Protection Commission (DPPC).
               M.G.L. c. 19C, § 10. 1-800-426-9009.
             c.     Mandated reports of abuse or neglect of an elder shall be filed with the
                Department of Elder Affairs. M.G.L. c. 19A, § 15. 1-800-922-2275.

G. OUT OF STATE ORDERS OR VIOLATIONS

    1.   A protective order issued in another jurisdiction (as defined in M.G.L. c.
         209A, § 1) shall be given full faith and credit in the Commonwealth.
           Therefore, officers shall make a warrantless arrest of any person the officer
           witnesses or has probable cause to believe has violated an emergency, temporary
           or permanent vacate, refrain from abuse, stay away, or no-contact order or
          judgment issued by another jurisdiction.
    2.     In assessing probable cause, an officer may presume the validity of the
           protection order issued by another jurisdiction when the officer has been
          provided with:
             a.   A copy of the order, by any source; and
            b.   A statement by the victim that such order remains in effect.

         Canton Police Department’s Domestic Disputes Policy             Page 10

11PDF page 11Read textHide text

Saved policy textView PDF page ↗
3.     Violations of out of state orders or Massachusetts orders violated in another state
          may be charged criminally as Contempt in the Commonwealth of Massachusetts.

IV. FINGERPRINTING AND PHOTOGRAPHING OF DEFENDANTS 41.4.3

   Whenever resources allow, officers shall take fingerprints and photographs of all
    criminal defendants in domestic violence cases. These records should be forwarded to
    the State Police for entry into the Automated Fingerprint Identification System (A.F.I.S.).
   This will greatly improve prosecution of crimes such as breaking and entering and stalking.
   When any defendant is arrested and charged with a felony, copies of fingerprints shall be
   forwarded to the colonel of state police. M.G.L. c. 263, § 1A.

V. COURT ORDERS AND SERVICE OF THOSE ORDERS

   A. Types of Restraining Orders (R.O.’s):
                1. Refrain from abuse orders
                2. No-contact orders
                3. Vacate/stay away orders
                4. Surrender custody (Probate Court has superseding jurisdiction regarding
                 custody issues. District Court orders should be modified in order to be
                   consistent with the Probate and Family Court order. Officers are advised to
                   “err on the side of caution” when the orders disagree. The safety of the victim
                and the children is paramount. When necessary, advise the parties to have the
                  order amended).
                5. Superior Court injunctions are for parties who are not covered by the Abuse
                 Prevention Act (family or household members). Violations of these types of
                  orders can be enforced civilly, and/or through criminal contempt charges.
               They can be used to charge someone with Stalking in Violation of a
                  Protection Order, which provides for a minimum mandatory sentence.

   B. IN HAND SERVICE

       Service of orders shall be made in hand unless otherwise ordered by the court.
       Chapter 209A, §7 requires that "the law enforcement agency shall promptly make
         it’s return of service to the court."
                1.     Orders shall be served promptly upon receipt. If service is initially
                      unsuccessful, the department must document it and continue to attempt
                      service until it is completed.
                2.    The victim's safety should be considered in the timing of the service of the
                       order. Officers should encourage the victim to contact an advocate (either
                    through the local court, the D.A.'s Office or a local battered women's
                   program) in order to develop a safety plan around the service of the order.
                3.      In hand service may not be necessary to prove a violation; however, it is
                    always the best mechanism of service.

   B. RECORD OF SERVICE

      The Canton Police Department shall keep a record of all attempts at service. The
        plaintiff’s name listed on the R.O. should be entered into the computer system along with

            Canton Police Department’s Domestic Disputes Policy             Page 11

12PDF page 12Read textHide text

Saved policy textView PDF page ↗
all other pertinent information. After all avenues of service have been exhausted and an
    order cannot be served, the order must be returned to the Court.

C. RETURN OF SERVICE

    All returns of service, including service of Emergency Orders, must be sent to the court.

D. PLAINTIFF BRINGING ORDERS TO THE DEPARTMENT

   When a plaintiff brings an order to the department for service, officers should
   ensure that the department's responsibilities under M.G.L. c. 209A and these
    guidelines are met. Every effort should be made to contact the plaintiff once service has
   been made.

E. FIREARMS

   Upon service of the order, police shall immediately take possession of all firearms, rifles,
    shotguns, machine guns, ammunition, licenses to carry and firearms identification cards
    in the control, ownership, or possession of the defendant. Such weapons and permits may
    not be returned until the Abuse Prevention Order has been completely vacated or the
    firearms provision has been modified by order of the court; M.G.L. c. 140, §§ 129B, 131.

VI. PROPERTY

The relationship of the parties and their property interests complicate domestic violence
situations.

A. REMOVING OR DESTROYING PROPERTY

   When a party to a domestic dispute is accused of removing or attempting to
   remove property from the dwelling or is accused of damaging or destroying
    property, the officer should investigate to determine the civil or criminal
   consequences. If criminal, the appropriate actions should be taken (for example,
   malicious destruction of property).

B. VACATE ORDERS AND COURT ORDERS TO RETRIEVE BELONGINGS

    1.    Once a vacate, no contact, stay away or refrain from abuse order is issued,
            officers should not accompany a defendant to the property for any reason
          without specific judicial authorization.
    2.   A vacate order includes the following requirement:
         The defendant shall not damage any of the plaintiff's belongings or those of
           another occupant and shall not interfere with any utilities or mail delivery to the
             plaintiff.
    3.    The defendant in the vacate order is allowed to retrieve his or her belongings
          under the following conditions:

             a.    The defendant must have a court order allowing for the retrieval.

         Canton Police Department’s Domestic Disputes Policy             Page 12

13PDF page 13Read textHide text

Saved policy textView PDF page ↗
b.    The police must accompany the defendant. Officers shall remain with the
                     defendant throughout the process. (15 minutes should be reasonable unless
                  more time is authorized by the Chief of Police)
                 c.    The victim must have prior notice by the department and must agree to the
                     timing of the retrieval. The victim can choose whether to be present for
                      the retrieval of items or not.
                d.    The defendant must not be allowed to use this as a means of harassing the
                      victim.
                 e.    The defendant may retrieve personal property including clothing, shoes,
                     personal care items etc. The defendant should be referred to the issuing
                      court of the Probate and Family Court for settlement of shared property.

     NOTE: Officers need to keep in mind that certain behaviors by the defendant, while at
       the residence, may constitute a violation of the protective order.

        4.    When a court order exists allowing for a victim to return to the defendant's
              residence in order to retrieve his or her belongings, the police shall
            accompany the victim to ensure the order is executed, and that the victim is able
               to follow the order free from harassment or abuse by the defendant.

VII.  ALLEGATIONS AGAINST LAW ENFORCEMENT PERSONNEL

      A.   DEPARTMENTAL POLICIES

             There is a clear policy to deal appropriately with situations in which allegations of
             domestic violence are made against an officer. The policy “Domestic Violence
              Involving Police Officers” addresses those cases in which the department is called
               to investigate allegations against its own officers, as well as those instances in
            which the suspect is employed by another department.

                1.     In addition to a police officer’s general responsibilities in responding to a
                    domestic violence incident, this policy specifically addresses incidents
                     involving armed law enforcement personnel. These policies require that:

                          a.    The dispatching officer shall document a call or report of domestic
                            violence involving a police officer and immediately notify the on-
                           duty patrol supervisor who shall immediately notify a superior
                                officer or the Chief of Police. This directive ensures that key
                     command personnel receive the information and prevents the call
                         from being handled informally.
                        b.   A supervisor shall respond to the scene.
                          c.       If the accused officer is the Chief, the Chairman of the Board of
                          Selectman shall be notified.
                        d.     Provision is made for the surrender of all firearms if warranted
                            (both privately owned and Town of Canton issued).

            Canton Police Department’s Domestic Disputes Policy             Page 13

14PDF page 14Read textHide text

Saved policy textView PDF page ↗
e.   A supervisor shall formally notify a ranking officer that employs
                             the officer if different from the responding agency as soon as
                               possible, and
                               f.      All officers responding shall prepare a written report. An alleged
                             abuser’s status as a police officer should never alter a responding
                                officer’s responsibilities to enforce the provisions of M.G.L. c.
                        209A.

                2.     See Department policy on “Domestic Violence Involving a Police Officer”
                       for the reporting and investigation of 209A order against a member from
                     within this department. All officers are required to immediately notify his
                      or her supervisor if a restraining order is issued against him or her.

                3.     Firearms
                          a.     All department-issued firearms and privately owned weapons
                           should be surrendered pursuant to the terms of the order, relevant
                             provisions of the law, or at the discretion of the Chief.
                        b.    No officer should be returned to full duty with a firearm until the
                            circumstances of the 209A order have been fully investigated.
                          c.      Officers shall not carry a firearm for the duration of the abuse
                            prevention order. However, in the following circumstances, the
                           Chief may allow an officer to carry a department issued firearm:
                                             -    If the officer is not otherwise precluded by law from
                                       possessing a firearm while subject to a restraining
                                          order, and
                                             -  The Chief determines that the officer is fit to carry a
                                  weapon, through an evaluation.

       NOTE: Under no circumstances shall an officer subject to an abuse prevention order
           carry a weapon when he or she is off duty nor shall such an officer take a weapon to
            his or her residence.

VIII. CONFIDENTIALITY OF DOMESTIC VIOLENCE PROGRAMS LOCATIONS

      The location and street address of all domestic violence programs are absolutely
        confidential and shall not be required to be revealed in any criminal or civil proceeding.
      See M.G.L. c. 233, § 20L. For the purposes of this provision, a domestic violence
      program is defined as any refuge, shelter, office, safe home, institution, or center
       established for the purpose of offering assistance to victims of abuse through crisis
        intervention, medical, legal or support counseling. See M.G.L. c. 233, § 20K. Under no
       circumstances should law enforcement officer release information to the public or
       otherwise regarding the location of a domestic violence program.

IX.  THE OFFICER'S RESPONSIBILITIES AT THE SCENE

      Whenever any officer has reason to believe that a family or household member has been
       abused, or is in danger of being abused, such officer shall use all reasonable means to
       prevent further abuse. The officer shall take but not be limited to, the following action:

            Canton Police Department’s Domestic Disputes Policy             Page 14

15PDF page 15Read textHide text

Saved policy textView PDF page ↗
A.   REMAIN ON THE SCENE

     As long as the officer has reason to believe that at least one of the parties
       involved would be in immediate physical danger without the presence of an
        officer, that officer should remain at the scene where the abuse occurred or was
        (or is) in danger of occurring for a reasonable period of time to prevent abuse. If
       the suspect has fled the scene, a reasonable period is the amount of time
       necessary:

        1.    To assess that the suspect has left the scene, and
        2.    To carry out the responsibilities outlined in B., C., D., E., H., and K.

B.   MEDICALTREATMENT

       Assist in obtaining medical treatment for injuries resulting from an assault, which
     may include driving the victim to the emergency room of the nearest hospital, or
       arranging for appropriate transportation to a health care facility, not withstanding
      any law to the contrary.

C.   GETTING TO A SAFE PLACE

       Assist the victim and dependent children in locating and getting to a safe place,
       including but not limited to a designated meeting place for entry into emergency
        shelter or a family member's or friend's residence (or a similar place of safety).
      The officer shall consider the victim's preference in this regard and what is
       reasonable under all the circumstances.

D.   NOTICE OF RIGHTS

      Give abuse victims immediate and adequate notice of rights by handing to them
      and reading a form stating their rights (see attached). Where said person's native
       language is not English, the statement shall be provided in said person's native
       language whenever possible.

        1.      Confidentiality of Abuse Prevention Order Provisions: a plaintiff’s
                residential address and workplace address shall appear on the court order
            and be accessible to the defendant unless the plaintiff specifically requests
               that this information be withheld from the order. See M.G.L. c. 209A, § 8,
              as amended by Section 24 of Chapter 236 of the Acts of 2000. Police
                officers helping to issue emergency abuse prevention orders must be
              cognizant of victims’ confidentiality rights and requests.

E.   ACTIVATING THE EMERGENCY JUDICIAL RESPONSE SYSTEM
      (EJR)

      Canton Police Department’s Domestic Disputes Policy             Page 15

16PDF page 16Read textHide text

Saved policy textView PDF page ↗
Assist the victim by activating the Emergency Judicial Response System when a
      Judge is not available through court. This should be done even when the alleged
       abuser has been arrested.

     NOTE: If a victim is unable to appear in court because of severe hardship due to
       the victim's physical condition, officers can seek an order by contacting the court.
    A representative may appear in court on behalf of the victim to seek an
      emergency or temporary order. Officers shall advise these victims that a
       representative may appear on their behalf.

F.   ARREST WHEN APPROPRIATE

       (See "Procedures," for discussion of Arrest Guidelines.) Decisions to
        arrest will be based on whether or not probable cause and the authority to arrest
        exist, not on whether or not the victim agrees to the action, or to testify at a future
        date.

G.   BAIL

       Inform the victim that the abuser will be eligible for bail and may be promptly
        released. (Refer to Investigation Section)

H.   REFERRALS

        1.     Provide information, including phone numbers, about local resources such
              as the battered women's programs, for emergency shelter and counseling
                services. Also, officers should know whether it is the District Attorney's
              Office or the local battered women's program (or both) that administer the
             advocacy program to assist domestic violence victims in the local court.
             Provide the advocate's number(s) to the victim.
        2.        It is advisable that departments have referral information preprinted, so
                that it can be distributed along with the Abused Person's Notice of Rights
               card. Referral information can be typed onto the card, or stapled to it.

I.    INCIDENT REPORTS 41.4.3

       Incident reports will be filed whether or not an arrest is made. They will be made
       available to the victim at no cost, upon his or her request to the department. (Since
       the initial investigation should determine the existence of any history of abuse,
        that information must be included within the report.).

        1.     Prosecution and subsequent legal action can be greatly aided by
             documentation and description of physical injuries, photographs of the
                 injuries, and/or noting the presence of children in household, and other
              information gained through the investigation.
        2.     Police departments shall ensure the confidentiality of domestic violence
              records including information regarding the identity of a victim or children
            and any medical information or statement by witnesses. Victims of
             domestic violence have a strong privacy interest in this type of

      Canton Police Department’s Domestic Disputes Policy             Page 16

17PDF page 17Read textHide text

Saved policy textView PDF page ↗
information whether contained in the initial incident report or
              supplemental reports. With the exception of the complete report’s release
               to the victim, reports should be reviewed and redacted accordingly in
              response to other requests.
        3.     All police departments that require an investigating officer to complete a
               report concerning an incident, offense, alleged offense, or arrest on a form
              provided by the department, shall include on said form a space to indicate
             whether such offense, alleged offense or arrest involved abuse as defined
               in M.G.L. c. 209A. See M.G.L. c. 41, § 98G and M.G.L. c. 22C, § 49.
        4.        It should be noted in the officer’s incident report that the victim was afford
                  all their rights under c. 209A and was given a copy of those rights.

J.   MANDATORY REPORTING 41.4.3

        1.   A report will be filed with the Department of Children and Family
              Services whenever the police officer has reasonable cause to believe that a
               child under the age of 18 has been abused or neglected, in accordance with
            M.G.L. c. 119, § 51A. During office hours, contact the local D.C.F. office.
              After hours, call the hotline: 1-800-792-5200.
        2.   A report will be filed with the Disabled Persons Protection Commission
            whenever the officer has reasonable cause to believe that a caretaker has
             abused / neglected a disabled person, between the ages of 18 and 59, in
             accordance with M.G.L. c. 19C, § 10. Call the hotline: 1-800-426-9009.
        3.   A report will be filed with the Executive Office of Elder Affairs whenever
               the officer has reasonable cause to believe that someone age 60 or older
              has been abused / neglected, in accordance with M.G.L. c. 19A, §§ 14-26.
              Call the 24-hour hotline: 1-800-922-2275.

K.   FIREARMS

     When a firearm or other weapon is present at the scene of a domestic violence
        situation the officers shall:

        1.     Seize the firearm or weapon as evidence of the crime, if the responding
                officers are informed that a firearm or weapon has been involved in the
               dispute.
        2.       If the firearm or weapon is not reported to have been involved in the
               dispute:

                 a.      Request that the firearm or weapon be placed in their custody
                      temporarily;
                b.     Search for and take custody of the firearms or weapon if a party
                who lawfully resides there requests that they do so. A consent
                     search is allowed in areas except those areas where the suspect has
                    a reasonable expectation of privacy;
                 c.     Take temporary custody of the firearm or weapon to alleviate the
                        threat of serious violence.

      Canton Police Department’s Domestic Disputes Policy             Page 17

18PDF page 18Read textHide text

Saved policy textView PDF page ↗
3.     Determine whether a firearm is lawfully possessed before returning the
       same.
4.       If the officer determines that the weapon cannot be seized, the following
       actions can take place:

         a.   A judge can order the defendant to surrender guns, a license to
               carry and an F.I.D. card; and
        b.    The chief who issued the license to carry may revoke or suspend
             such license issued by him or her which. The revocation or
              suspension would require the immediate surrender of all guns and
            ammunition by the defendant. Failing to comply with the
              surrender order is considered a misdemeanor offense.
5.     In all domestic violence cases, the investigating department shall advise
       the licensing authority that the subject of the license is suspected of abuse.

6.   ABUSE PREVENTION ORDER

         a.     Abuse Prevention Orders
           Upon issuance of any order, under M.G.L. c. 209A Abuse
              Prevention Orders, police shall immediately take possession of all
               firearms, rifles, shotguns, machine guns, ammunition, any license
               to carry firearms and any firearms identification cards in the
                control, ownership or possession of said defendant. Such weapons
             and permits may not be returned until the order has been
             completely vacated or the firearms provision modified by order of
               the court.
        b.     Violations of Orders
               In the interest of immediacy and the statutory mandate to arrest,
                officers shall make a warrantless arrest of any person the officer
              witnesses or has probable cause to believe has violated an order
              including a violation, which stems from the possession of
             weapons, firearms, or licenses..
         c.      Seizure and Storage of Firearms
             Every department within the Commonwealth shall honor another
              department's request for assistance in seizing the above listed
               items; regardless of which department is named within the order.
            The department named within the order shall be responsible for the
               storage of the seized items or the delegation of storage to an
              authorized facility.
        d.     Orders Against Law Enforcement Officers
               In cases involving police officers that are defendants in Abuse
              Prevention Orders, the defendant must relinquish all firearms,
              including departmental weapons, to the department serving the
               order.

7.     Federal Firearms Provisions
      Although officers cannot enforce the following Federal provisions, the
       Chief of Police should be notified whenever an officer identifies a case

Canton Police Department’s Domestic Disputes Policy             Page 18

19PDF page 19Read textHide text

Saved policy textView PDF page ↗
involving the following circumstances, because there may be Federal
                      action that can be taken.
                          a.     Persons Named in Protective Orders
                        Under the Federal Crime Control and Law Enforcement Act of
                           1994, It is unlawful for an individual subject to a "permanent"
                               restraining order involving "intimate partners" to receive, ship,
                                transport, or possess guns (including handguns, rifles, and
                            shotguns) or ammunition that traveled in interstate commerce.
                        b.     Misdemeanors Involving Domestic Violence
                        Under 18 U.S.C. § 922(g)(9), it is unlawful for any person
                            convicted of certain misdemeanor crimes involving domestic
                            violence to ship, transport, possess, sell or otherwise dispose of, or
                             receive firearms or ammunition.
                          c.      Federal Felon in Possession of a Firearm
                        Under 18 U.S.C. § 922(g)(1), "Felon in possession of a firearm," it
                                    is unlawful for any person who has been convicted in any court of
                           a crime punishable by imprisonment for a term exceeding one year
                               to possess any gun or ammunition.

       NOTE: Misdemeanors are excluded from consideration if they are punishable
         by a term of two years or less. Therefore, misdemeanors that are punishable by a term
           of imprisonment of more than two years fall within that provision.

X.   THE ROLE OF THE SUPERVISOR

   A. ASSURANCES FOR PRACTICE

       Supervisors will ensure that the provisions of the statute and these guidelines are
       met. Specifically supervisors will assure that:

        1.     Dispatch logs will be reviewed to ensure that an incident report has been
                filed when appropriate even in cases where no arrest was made. Calls which are
              received as allegations of domestic violence or a domestic disturbance will not be
                reclassified because no probable cause to arrest existed. Incident reports will be
                filed in all cases of abuse. In all other domestics not involving abuse, either a
               written report or a log entry shall be made at the discretion of the Supervisor.

        2.        It is the responsibility of the duty shift supervisor (or an officer acting in that
               capacity) to ensure that all of the provisions of the applicable statutes and the
              provisions outlined within this policy are carried out by the officers assigned to
               the domestic violence case.  If upon review of an incident report it is believed that
              probable cause exists, the supervisor will ensure that criminal charges are initiated
              according to the statute and these guidelines.

        3.    Whenever a department identifies a particular case as posing significant
              danger, that case will be discussed at roll call.

            Canton Police Department’s Domestic Disputes Policy             Page 19

20PDF page 20Read textHide text

Saved policy textView PDF page ↗
B. REFERRALS
       Supervisors will ascertain that appropriate referrals were provided to the victim.
      Every effort shall be made to provide law enforcement protection and other safety
      measures to a victim of domestic violence including, but not limited to drive-bys, welfare
       checks, and transportation to a safe place when necessary.

   C. FOLLOW-UP INVESTIGATIONS
      Regarding follow-up investigations, supervisors shall:

        1.     Determine whether a follow-up investigation is needed. For instance, if the
               report indicates a history of abuse; it is likely that additional criminal charges
             should be pursued.
        2.       If so indicated, the supervisor shall ensure that a follow-up investigation is
              conducted.
        3.    Upon review of the follow-up investigation, the supervisor will ensure that
               additional charges are initiated whenever appropriate.

XI. OTHER SPECIAL INVESTIGATIVE CONSIDERATIONS:

                   A. Investigative Considerations Involving Children: Where children
                          are present at a domestic dispute, their welfare and safety must be a
                       major consideration. Any evidence of neglect or emotional, physical
                         or sexual abuse of children under eighteen (18) years of age shall be
                           carefully noted and a 51A shall be filed when mandated. A child does
                         not have to be home at the time of the domestic dispute for a 51A to be
                              filed.
                    B. Investigative Considerations Involving Juveniles:
                                1. A juvenile seeking a restraining order against a non-family
                         member should not be refused solely on the basis that no adult
                                        is accompanying the juvenile complainant, if there is danger to
                                 the child from the defendant.  If the defendant is the child’s
                              only care-taker, the Court will usually appoint a guardian ad
                                   litem.

                                2.  All incidents involving adolescent violence shall be referred to
                                 the department’s School Resource Officer (SRO) for follow-up
                                   action.

                                3.  If a restraining order has been issued and both the plaintiff and
                               defendant attend the same school, it will be the responsibility
                                of the SRO to develop a plan with the administration of the
                                 appropriate school to ensure that the conditions of the order are
                                observed. Furthermore, there will be a plan of action
                              developed to ensure that the school administrators report
                                  violations of the restraining order to the police.

XII. Domestic Violence Coordinating Officer:

            Canton Police Department’s Domestic Disputes Policy             Page 20

21PDF page 21Read textHide text

Saved policy textView PDF page ↗
To ensure that domestic violence cases are being reviewed and assessed on a regular basis,
the Chief of Police will appoint an officer who will serve as a Domestic Violence
Coordinating Officer. The duties and responsibilities of this officer are to include, but not
necessarily be limited to the following activities:

1. Review all domestic violence reports that are filed with the department. The purpose of
    this review is to ensure that all of the procedural requirements have been met, to assess
    the seriousness of the incidence, to assess the likelihood of future incidents and degree
    of dangerousness, and to make follow-up contacts with the victim when deemed
    appropriate.

2.  Ensure that victims of domestic violence are made aware of social services and
    aftercare service providers that may offer further assistance. Make sure that the victim
    is aware of the victim/witness advocate program that is available through the District
    Attorney’s Office.

3.  Identify any patterns of domestic violence that may be taking place, which involves the
   same victim and/or abuser.

4.  Serve as the department’s liaison officer with the District Attorney’s Office, with social
    service providers, and with other organizations that have any relationship with domestic
    violence cases.

5.  Serve as the point of contact for victims of domestic violence who may require
    additional assistance.  It is the responsibility of this officer to maintain contact with the
    victim as the case progresses through the courts, keeping the victim informed on the
    status of the case when possible.

6.  Provide assistance to the victim as may be required or deemed to be appropriate.

7.  Re-connect with the victim periodically to determine whether his/her needs have been
   met.

8.  Explain to the victims the procedures involved in the prosecution of their cases and
    their role in those procedures.

9.  Schedule interviews and other required appearances at the convenience of the victim
   and when appropriate, arrange for transportation.

        Canton Police Department’s Domestic Disputes Policy             Page 21