Domestic Disputes Policy
Policy text
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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.
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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
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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:
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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;
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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.
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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
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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;
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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.
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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
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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.
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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.
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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
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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.
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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).
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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:
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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)
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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
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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.
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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
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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.
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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:
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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.
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