Domestic Violence Involving LEO's Policy
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Source file: 4.10 Domestic Violence Involving LEO's 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. 4.10
Subject:
Domestic Violence Involving Law
Enforcement Personnel
Issuing Authority: Effective Date: Review Date:
Chief of Police 10/13/2011 11/14/2023
References:
Review
Revision 01/01/2014
Reissued 10/01/2016
Dates: 11/13/2018
03/14/2020
05/12/2022
CALEA Standards 11.4.4; 52.2.2
GENERAL CONSIDERATIONS AND GUIDELINES
Domestic violence incidents where law enforcement personnel are involved or implicated
present some unique challenges to those officers who investigate such incidents. Officers are
charged with the responsibility of protecting the victim of domestic violence from further abuse
and at the same time determine whether there has been a violation of the domestic violence laws.
In many cases where abuse has been taking place, the victim is reluctant to report the incidents,
so when a report is made and there is evidence to support the report, it is paramount that the
intervening officers take the appropriate enforcement action without regard to the occupation of
the abuser.
Responding police officers have an added obligation that goes beyond protecting the rights of the
victim and enforcing the domestic violence laws against the abuser in terms of maintaining the
integrity of their office and the public trust that has been placed with them. All too often, the
general public and even the victim are likely to be suspicious as to whether a police officer will
take the appropriate enforcement action against another offending officer. When officers fail to
carry out their duties for some misguided belief that they have to protect one of their own, they
have done a grave injustice to themselves and the profession in general. Officers failing to take
the appropriate enforcement action also expose themselves to potential criminal, civil, and
administrative actions, not to mention exposing the victim to irreparable harm.
This policy acknowledges that some police officers may become involved or be implicated in
domestic violence situations involving their intimate partners or family members. The purpose of
this policy is to establish procedures for handling matters of domestic violence and abuse
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involving police officers. This policy will provide police officers guidance in addressing
incidents where one (or more) party to a possible domestic violence incident is an employee
from within the Canton Police Department (regardless of rank) or is employed with any other
law enforcement agency. It is to serve as a guide to ensure that officers comply with all
requirements as set forth by the Massachusetts General Laws.
I. POLICY
This policy delineates a position of intolerance by this department of domestic violence,
whether occurring in this jurisdiction or another. Where incidents of police officer involved
domestic violence are alleged to have occurred, the department will act quickly to protect the
victim, arrest the perpetrator, and conduct independent internal and criminal investigations.
After criminal proceedings, if an officer is found guilty of domestic violence, he/she may
have his/her police powers revoked.
All such reported incidents of domestic violence involving law enforcement personnel
will be fully investigated by or under the direction of a supervisory officer. It is the
responsibility of that supervisory officer to ensure that all appropriate enforcement
action is taken, which may be warranted and consistent with the department’s policy
and procedures as it relates to domestic violence situations. All reported incidents
involving a domestic violence situation, which implicates a member of this department,
will be immediately reported to the Chief of Police (or his designee) verbally or the
Chairman of the Board of Selectman if it is the Chief who is involved in a domestic
violence situation. 11.4.4; 52.2.2 (5)
Reported incidents of domestic violence that occur involving law enforcement personnel
from other agencies within this jurisdiction will be fully investigated under the direct
supervision of a supervisory officer, who will be responsible for notifying the Chief of
Police. Failure to comply with the requirements of the applicable statues, the rules of
this department, and the policies and procedures that relate to dealing with domestic
violence situations will result in disciplinary action.
II. DEFINITIONS
A. Domestic violence: For the purposes of this policy, refers to any act or pattern of
violence (threatened or actual) including but not limited to:
- bodily injury or threat of imminent bodily injury any type of abuse
- sexual battery physical restraint
- property crime directed at the victim stalking
- violation of a court order of protection or similar injunction; and death threats or
death
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An offense has been committed if one or any of the above are perpetrated by a police
officer (on or off duty) or any police department employee upon his or her domestic
partner or family member.
B. Partner: is defined as any individual with whom the officer:
- is or was legally married to has a child in common
- has or had a dating relationship with
- is specified as such by MGL 209A or other state law
C. Protection order: refers to any injunction or other order issued by a court, including
criminal or civil orders of protection, regardless of form, content, length, layout, or name
(such as stay away, restraining, criminal, and emergency or temporary protection orders
or injunctions), issued for the purpose of preventing the following:
- violent or threatening acts against another person stalking or harassment of another
person
- contact or communication with another person; and physical proximity to another
person
III. PROCEDURES
While prioritizing the safety of victims, this policy is designed to provide
direction to supervisors for intervention when warning signs of domestic violence
are evident, institutionalize a structured response to reported incidents of domestic violence
involving officers, and offer direction for conducting the subsequent administrative and
criminal investigations. Components of the policy include:
a) Education and Training
b) Incident Response Protocols
c) Victim Safety and Protection
d) Post-Incident Administrative and Criminal Decisions.
A. Education and Training
1. Education
a. If not already received through in-service or recruit training, upon implementation
of the policy, all Recruit, Patrol, Field Training Officers, and Administrative
Command/Supervisors shall receive training that include those topics in the
curriculum provided by the Massachusetts Police Training Committee or other
reputable police training organization.
b. Additional Administrative Command/Supervisor training related to domestic
violence should address the following:
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Department Legal Considerations and Liability
Media and Public Relations
Criminal versus Internal Investigations
Conducting Lethality/Dangerousness Assessments
2. Training
a. Roll-Call Training
This Department shall select a series of effective and concise materials on
domestic violence and stalking for routine dissemination to all personnel. Periodic
reviews of this policy and its implementation will be conducted.
b. In-Service
As scheduled by the MPTC, officers shall receive review/updates on domestic
violence and stalking during yearly in-service.
3. Department Responsibilities
a. The department shall, either in response to observed warning signs or at the
request of an officer, partner, or other family member, provide non-punitive
avenues of assistance before an act of domestic violence occurs.
b. The department shall identify a procedure for making confidential referrals to
confidential counseling services either internally or in collaboration with the
Employee Assistance Program.
c. Officers who disclose to any member of the department that they have personally
engaged in domestic violence are not entitled to confidentiality. The report of
such criminal conduct must be treated as an admission of a crime and shall be
investigated both criminally and administratively.
d. A disclosure on the part of a partner or family member to any member of this
department that an officer has personally engaged in domestic violence will be
treated as a report of a crime and shall be reported to the appropriate department
official and shall be investigated both administratively and criminally.
4. Supervisor Responsibilities
a. Demonstration of inappropriate aggressive behaviors by officers conducting
police business shall be documented for consideration by supervisors. These
behaviors include, but are not limited to the following: stalking and inappropriate
surveillance activities, unusually high incidences of physical altercations, injuries,
or verbal disputes.
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b. Supervisors shall maintain close supervision of officers whose behavior is
inconsistent with acceptable standards for on-duty problem resolution.
c. Supervisors shall be cognizant of all behavior, on or off duty, where officers may
be exhibiting signs of possible domestic violence-related problems; including
increased use of force on the job, alcohol and/or drug abuse, increase in
controlling behaviors, stalking activity, citizen and fellow officer complaints of
unwarranted aggression and verbal abuse.
1. Supervisors shall immediately make their ranking supervisor aware of any and
all such behaviors.
2. The Chief of Police shall be informed of such circumstances or concerns in a
timely manner through the department's chain of command. 11.4.4
5. Police Officer Responsibilities
a. Officers are encouraged and entitled to seek confidential assistance from the
department to prevent a problem from escalating to the level of criminal conduct
against an intimate partner or other family member.
b. Officers with knowledge of abuse and/or violence involving fellow officers must
report such information in a timely manner to their supervisor. Failure to do so
will subject the officer to investigation, disciplinary action, and possible sanction
and/or criminal charges if applicable.
c. All officers shall be aware of possible witness or victim intimidation/coercion.
Whenever an officer suspects this is occurring, he/she shall prepare a written
report and immediately deliver it to the Chief of Police through the proper chain
of command.
d. Officers who engage in threatening, harassing, stalking, surveillance, intimidation
of a witness or other such behavior designed to interfere with cases against fellow
officers will be subject to investigation, disciplinary action, and possible sanction
and/or criminal charges.
e. An officer who is the subject of a criminal investigation related to domestic
violence, regardless of jurisdiction, is required to report him/herself to his/her
supervisor and provide notice of the court dates, times, appearances, and
proceedings in a timely manner.
f. An accused officer who is the subject of any civil protective order proceeding,
whether or not the order is issued and regardless of jurisdiction, is required to
report him/herself to his/her supervisor and provide notice of the court dates,
times, appearances, and proceedings in a timely manner.
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g. Upon departmental knowledge of any protective order issued against an officer,
said officer may be placed on administrative leave. The officer’s handgun and any
other department issued firearms shall be taken from the officer and secured. Said
weapon(s), if allowable under state or federal law and at the discretion of the
Chief of Police, may be returned to the officer for duty purposes only. All
firearms shall be returned to the Shift Commander at the end of a shift.
B. Officers Arrested for or Charged with Domestic Violence Offenses
Whenever an officer (or other member) of this Department has been arrested or charged
with a domestic violence offense, the Chief of Police (or designee) is to be immediately
notified, verbally or otherwise. 11.4.4
1. In accordance with the department’s regulations, an officer (or other members)
charged or arrested for any offense is to immediately report such events to the Chief
of Police through the proper chain of command, without delay.
2. If the department is notified by another agency that a member of the department has
been arrested or charged, steps are to be taken to make sure that the shift supervisor is
immediately notified, if the supervisor does not receive the report directly.
3. The shift supervisor, upon receiving such notification, is to obtain as much
information as possible with respect to the circumstances surrounding the incident,
the charges filed against the member of the department, the custody status of the
officer, whether the officer was armed and the status of the officer’s weapon(s),
whether a domestic violence restraining order was sought by the victim, and any other
information that may be pertinent to the situation.
4. The shift supervisor is to immediately notify the Chief of Police (or designee)
verbally or otherwise with the information that was obtained relative to the incident.
11.4.4
5. An officer (or other member of the department) who has been charged with a criminal
offense will be placed on Administrative Leave with pay until such time the Chief of
Police has had the opportunity to obtain sufficient facts to make a determination as to
what course of action will be taken.
6. An officer who has been placed on Administrative Leave with pay is required to
surrender any firearms he/she may have in his/her possession, along with the license
to carry firearms, pending the outcome of the internal investigation.
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C. Incidents Occurring Outside of this Jurisdiction
Whenever a member of this department is made aware that another member of the
department has been accused or implicated as being involved in a domestic violence
incident in another jurisdiction, that information is to be provided to the shift supervisor.
1. It is the responsibility of the shift supervisor to obtain as much information relative to
that report and to immediately furnish that information to the Chief of Police (or
designee). 11.4.4
2. It will be incumbent upon the Chief of Police to ascertain the circumstances
surrounding the reported incident and make a determination if further action is
warranted.
D. Incident Response Protocols
1. Department-wide Response
a. The department shall accept, document, and preserve all calls or reports involving
possible police officer domestic violence as "on-the-record" information,
including those made anonymously.
b. All reports of possible criminal activity implicating police officers in domestic
violence shall be documented in accordance with the policies governing the
handling of all reports of domestic violence by citizens. An incident report shall
be completed including details on date, time, location, circumstances, names (if
known), officials notified, and actions taken; a case file number shall be assigned
and the report filed.
c. A copy of the report detailing the possible criminal activity implicating an officer
in domestic violence shall be directed through the proper chain of command to the
Chief of Police. 11.4.4; 52.2.2 (2)
d. All such incident reports shall be made available by the department to the
involved victim without cost.
2. Dispatching Officer’s Response
a. Dispatching officer shall be instructed to assign top priority to all domestic
violence calls, including those that involve or appear to involve a police officer of
any department.
b. Dispatching officer shall document all domestic violence calls received that
involves, or appears to involve, a police officer and immediately notify the
supervisor, regardless of the involved officer's jurisdiction.
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c. If a call is to an officer’s home and that officer is currently working, all efforts are
to be made to have other officers respond to the home instead of him/her.
d. Dispatching officer shall use the radio for all transmissions.
3. Patrol Response
a. Upon arrival on the scene of a domestic violence call/incident involving a police
officer, the primary patrol unit shall immediately notify dispatch and request a
supervisor (of higher rank than the involved officer when possible) be sent to the
scene, regardless of the involved officer's jurisdiction.
b. The primary patrol unit shall perform the following actions:
1. Obtain needed medical assistance;
2. Address the immediate safety of all parties involved including children;
3. Secure the scene and preserve evidence;
4. Note all excited utterances, admissions
and/or incriminating statements; and,
5. Make an arrest if probable cause exists.
c. The primary patrol unit shall ensure the victim is informed of the following:
1. The availability of a domestic violence advocate.
2. Confidential transportation to a safe house, shelter, or any other location that
ensures victim safety.
3. Procedures for obtaining restraining and/or protective orders and victim rights.
4. The availability of a domestic violence wireless phone for victims that need
that extra protection.
5. The standard of probable cause for arrest within the Commonwealth of
Massachusetts
6. The judicial process and victim rights following an arrest of the abuser, as
well as the prompt notification when an offender is bailed
7. Information on community resources and local domestic violence victim
advocacy organizations.
d. If the alleged offender has left the scene and probable cause to arrest exists, the
responding officers shall:
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1. Search the area as appropriate
2. Obtain information from victim, family, and witnesses as to where the
offender may have gone
3. The supervisor will see that the jurisdiction where the suspect is believed to be
going is notified so they may affect an arrest on probable cause
4. Seek an arrest warrant
4. On-Scene Supervisor Response
a. A supervisor shall report to the scene of all police officer domestic violence
situations, regardless of the involved officer's jurisdiction or rank. Whenever
possible, a supervisor of higher rank than the involved officer shall report to the
scene.
b. The on-scene supervisor shall assume command and ensure that the crime scene is
secure and that all investigative guidelines are strictly followed. This includes
ensuring that evidence is collected. Photo documentation of the victim and scene
shall be recorded where such resources are available and deemed necessary.
c. The supervisor shall inquire as to the safety of all children present at the time of
the incident in addition to any another other children that may reside in the
household.
d. In cases where probable cause exists, the on-scene supervisor should ensure an
arrest is made.
e. If the offender has left the scene, the supervisor shall ensure a search is conducted
and an arrest warrant is obtained.
f. Arrest of both parties involved in a domestic violence incident should be avoided.
The supervisor shall ensure that a thorough investigation is conducted and an
arrest of
the primary aggressor is made in accordance with state law.
g. Whenever an officer is arrested, the supervisor shall relieve the accused officer of
his/her service weapon(s) (if the officer has access to it) regardless of whether the
officer is a member of the responding department. Where allowable under federal,
state, or local ordinances, all other firearms owned or at the disposal of the
accused officer shall be removed to ensure the victim's safety. *
h. Whenever a police officer domestic violence call does not result in an arrest, the
on-scene supervisor shall submit a written report explaining any and all reasons
why an arrest was not made or why a warrant was not sought.
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5. Additional Critical Considerations
a. When responding to a domestic violence complaint involving a police officer
from another jurisdiction, all responding officers, investigators, and supervisors
shall follow the same procedures that are to be followed in responding to a
domestic violence complaint involving an officer from this department. The
responding supervisor shall verbally notify the accused officer’s Chief of Police
or his/her designee as soon as possible. All notifications and attempts to notify
shall be fully documented. 11.4.4
b. In the event that the reported incident involves the Chief of Police, the supervisor
may immediately notify the Chairman of the Board of Selectmen. 11.4.4
c. In responding to domestic violence situations where the victim is a police officer,
standard domestic violence response and investigation procedures should be
followed.
d. In responding to domestic violence incidents where the parties involved are both
police officers, standard domestic violence response and investigation procedures
should be followed. After probable cause and the dominant aggressor are
determined, an arrest should be made and all service weapons of the accused
officer shall be confiscated. *
*Note: Massachusetts State law requires the seizure of all additional weapons.
6. Department Follow-Up
a. Arrest warrants charging police officers with domestic assault and/or civil
protective orders issued at a later time shall be served by no fewer than two
officers with at least one being of senior rank to the officer being served. In cases
where firearms have not been previously seized, firearms shall be seized as
allowed or required by law.
b. On-scene and follow-up investigators shall proactively seek out information on
existing restraining and/or protective orders and, if found, shall enforce them.
c. Following the reported incident, the Chief of Police shall designate a member of
the command staff to act as a principal contact for the victim. The assigned will
be referred to as the domestic violence liaison officer. This officer will keep the
victim apprised of the case throughout the adjudication process and provide the
victim with a copy of the incident report.
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7. Victim Safety and Protection
a. Working with community resources and advocacy agencies, the department shall
make available all necessary and appropriate services to each victim.
b. Officers shall keep all information pertaining to victims
confidential, including their whereabouts, safety plan, and
any other communications.
c. All officers shall be aware of the increased danger to victims when the victim
leaves an abusive partner. The designated liaison officer shall caution the victim
to be alert to stalking activities on the part of the abuser and shall assist the victim
in safety planning.
d. The liaison officer shall inquire whether the victim wants any weapons removed
from his/her home for safekeeping by the department.
e. The liaison officer shall inform the victim of confidentiality
policies and their limitations, and ensure that confidentiality is maintained
throughout the case.
f. All officers shall be aware of possible witness or victim intimidation/coercion.
Whenever an officer suspects this is occurring, he/she shall prepare a written
report and immediately deliver it the Chief of Police through the proper chain of
command. A report shall also be forwarded to the investigator in charge.
E. Post-Incident Administrative and Criminal Decisions
The Canton Police Department shall conduct separate but parallel internal and criminal
investigations (if the incident is believed to have occurred in the Town of Canton) of
alleged incidents of police officer domestic violence. If the facts of the case indicate that
domestic violence has occurred or any departmental policies have been violated,
administrative action shall be taken separate and distinct from any criminal proceedings
as soon as practicable. Independent of the outcome of the criminal case, the department
shall adhere to all positions and policies relating to the incident.
The department will adhere to/observe all necessary protocols to ensure an accused
officer's departmental, union, and legal rights are upheld during the internal and criminal
investigations.
1. Internal Investigations and Decisions
The responsibility to complete the internal investigation of a police officer domestic
violence incident shall rest with the Chief of Police or his designee. The investigation
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should adhere to policies and procedures set forth in CPD policy #4.01, INTERNAL
AFFAIRS.
a. Where sufficient information exists, the department shall take immediate
administrative action to intervene, which can include removal of badge, removal
of weapon, reassignment, administrative leave with or without pay, or
termination. (SEE CPD POLICY # 4.01, INTERNAL AFFAIRS)
b. Where an arrest was not made, but sufficient concern exists, the department shall
initiate an independent internal investigation and decide the officer's status based
on the outcome of the investigation.
c. In determining the proper course of administrative action, the department shall
consider factors such as level of danger an officer poses to the victim (based on
risk assessment measures), an officer's history of compliance with departmental
rules, history of aggressive behaviors, and existence of an alcohol or substance
abuse problem.
d. Pending the internal and criminal investigations for alleged acts of domestic
violence and/or violation of departmental policies, the department shall assign the
accused officer to duties that do not require response to domestic violence cases.
2. Criminal Investigations and Decisions
The responsibility to complete a criminal investigation of an incident of police officer
domestic violence shall rest with a trained officer or detective as assigned by the
Chief of Police. The Chief may ask an outside law enforcement agency to conduct the
criminal investigation.
a. The investigating official shall conduct criminal investigations as she/he would
for any other criminal violation. Witnesses shall be contacted, statements
recorded, evidence collected, photographs taken of the scene and injuries, medical
records accessed, 911 tapes requested, and all information fully documented.
b. Even though an initial report may already exist concerning a police officer, if the
victim reports any subsequent or additional criminal activity, each incident shall
be documented separately, assigned a case number, and investigated thoroughly.
c. The department shall completely investigate the charges and, where warranted,
seek prosecution even if the victim recants the charges.
d. Filing of court papers/complaints shall be requested by the investigating officer,
as with any other case for criminal prosecution.
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3. Criminal Conviction
a. Federal law prohibits officers convicted of misdemeanor domestic violence
assaults from carrying firearms. The department shall ensure compliance with
federal law.
b. Any police officer convicted of a domestic violence crime as defined herein may
have his/her police powers revoked.
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