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HomeMy WebLinkAbout1989-71 - Establishment of a Domestic Violence PolicyBILL N0. U ~~ / ~ ORDINANCE NO.~~I ~~ AN ORDINANCE ESTABLISHING A DOMESTIC VIOLENCE POLICY. WHEREAS, the State of Missouri has revised its Adult Abuse Chapter to offer additional pro~ection for abused persons. WHEREAS, the City of Riverside, Missouri desires to implement several of the new adult abuse procedures within its ordinances to deal with domestic violence. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE AS FOLLOWS: SECTION l: The Mayor and the Board of Aldermen hereby adopt and enact the "Domestic Violence Policy", a copy of said policy being attached hereto and made a part of this ordinance as if more fully set out herein. PASSED THIS .~_ DAY OF ~ , 1989. MAYOR ATTEST: ~/ CITY CLERK APPROVED THIS ~~1 DAY OF ~.~;6'(/x/C/ , 1989. ~~ ~~ MAYOR ~/~~~~ 1.. PURPOSE. ~ 'i ~.~ ~ _ __ _ , DOMESTIC VIOLENCE POLICY We have adopted the following procedures to encourage the criminal justice system to deal more effectively with family violence cases. The following guidelines will Help to clearly explain each department's procedure in handling domestic :violence cases. 2, DEFINITIONS. ns used in this ordinance, unless the context clearly indicates otherwise, the following terms shall mean: a. "Abuse", includes but is not limited to the occurrence of any of the following acts, attempts, or threats against a person who may be protected under Section 455.010 to 455.085 R.S.Mo.. 1. "Assault", purposely or knotaingly placing or attempting to place another in fear of physical harm; 2. "Battery", purposely or knot/ingly causing physical harm to another with or without a deadly weapon; 3. "Coercion", compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right- to engage; 4. "Harassment", engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or cause:; distress to another person and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the Petitioner. Such conduct might include but is not limited to: a. Following another about in a public place or places; b. Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activities. 5. "Sexual Assault", causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress; 6. "Unlawful Imprisonment", holding, confining, detaining or abducting anoL-her person against that person's will; b. "Adult", any person eighteen (18) years of age or older or otherwise emancipated; c. "Court", the Circuit or Associate Circuit Court of_ the State of P~9issouri; d. "Family or household member", spouses, former spouses, persons related by blood or marriage, persons of the opposite sex who are presently residing together or have resided together in the past and persons who have a child in common regardless of whetk;er they have been married or have resided together at any time; e. "Order of Protection", either an ex parte order of protection or a full order of protection; f. "Petitioner", a family or household member who has filed a verified petition under the provisions of Section 455.020; g. "Respondent", the family or household member against whom a verified petition has been filed. 3. DISPATCHERS. a. All adult abuse compl.ainL-s are viewed as incidents of alleged criminal conduct in which the same standard for response shall apply to an alleged incident of abuse or of a violation of any order of protection as would be applied to any like offense involving strangers, except as otherwise provided by law. b. Calls involving alleged incidents of abuse or violations of protection orders shall not be assigned a lower priority t-han like offenses involving strangers. c. The following factors shall be interpreted as indicating a need for immediate response: 1. The caller indicates that violence is imminent or in progress; or 2. A protection order is in effect; or 3. The caller indicates that incidents of domestic violence have occurred previously between the parties. 4. LAW ENFORCEMENT PERSONNEL. a. Investigation and Arrest (No Protect-ive Order in effect. 1. When a law enforcement officer has probable cause to believe a party has committed a violation of law amounting to abuse or assault, and t-he suspect is present at the ~j scene, then the officer may arrest the ~/ offending party cdhether or not the violation occurred in the presence of the arresting officer. 2. When the officer declines to make an arrest pursuant to this subsection, the officer shall make a written report of the incident completely describing the offending party, giving the victim's name, time, address, reason why no arrest was made, and any other pertinent information. 3. Any law enforcement officer subsequently called to the same address within a twelve (12) hour period, who shall find probable cause to believe the same offender has again J committed a violation of law amounting to abuse or assault against the same or any other family or household member, shall arrest- the offending party for this subsequent offense. 4. The primary report of non-arrest in the preceding twelve (12) hour period may be considered as evidence of the Defendant's intent in the violation for which arrest occurred. 5. The refusal of the victim to sign an j official complaint against the violator shall not prevent an arrest under this subsection. b. Investigation and Arrest (Protective Order in Effect). 1. When a law enforcement officer has probable cause to believe that a party, against whom a protective order has been entered and who has notice of such order being entered, has committed an act of abuse in violation of such order, the officer shall arrest the offending party-Respondent whether or not the violation occurred in the presence of the arresting officer. 2. Refusal of the victim to sign an official / complaint against the violator shall not ~~ prevent an arrest under this subsection. c. Who to Arrest When Both Parties Claim to be Assaulted. 1. When both parties claim to have been assaulted, the officer at the scene is not required to arrest both parties involved. 2. The arresting officer shall attempt to identify and shall arrest the party he/she believes is the "primary p}~ysical aggressor". 3. The term "primary physical aggressor" is defined as the most significant, rather than the first, aggressor. The law enforcement officer shall consider any or all of the following in determining the "primary physical aggressor": (a) the intent of the law to protect victims of domestic violence from continuing abuse; (b) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; (c) the history of domestic violence between the persons involved. d. How to Handle Two or More Corr;plaints 1. When complaints are received from two or more opposing parties, the officer shall evaluat-e each complaint separately to determine whether he/she should seek a warrant for an arrest. e. Probable Cause to Arrest Exists When the Officer: 1. Has probable cause to believe that a crime is occurring or has occurred and that a certain person committed the crime; 2. Can state sound reasons for this belief; 3. Bases this belief on reasonably trustworthy information and on common sense; and 4. Logically believes that a cautious citizen would reach the same conclusions given the same facts and circumstances. f. Probable Cause Shall Not be Based Uoon Considerations Such as the Potential Financial Consequences of an Arrest, Verbal Assurances That the Violence will Cease or Speculation That a Complainant i9ay Not Appear in Court to Testify. g. When Weighing the Issues of Probable Cause, Officers Must Keep in P1ind: 1. Injuries, though present, may not be readily visible; 2. Victims of domestic violence may not. show the expected emotional response; 3. Existing facts that support probable cause in a complaint and the existence of no contradictory evidence usually constitutes probable cause for an arrest; and 4. If there is doubt in the officer's mind, a supervisor should be consulted. h Non-Serious Situations In instances when injuries are minor, property damage is limited or threats are made, or any combination thereof and a complaint is filed, the officer shall make a discretionary call as to how to proceed unless action is specifically required by this ordinance. The officer can: 1. Issue a summons to the appropriate party, give the complaining party a subpoena to appear in court and the officer can leave, or 2. Upon probable cause arrest the appropriate party, give the complaining party a subpoena to appear in Court and take the person arrested into custody until that person makes bond. i 7• Investigatio 1. Promptly investigate all complaints regarding domestic violence. Do not give less protection to victims of domestic assault than would be given to victims of non-domestic assaults. 2. Investigate all statements that a victim makes regarding the possibility that a crime has been committed (i.e. the victim complains of a break-in, therefore, a check should be made as to whether there has been forced entry). Medical Treatment, Transportation and Protection. 1. Law enforcement officials at the scene may ~ provide or arrange transportation for the abused party to a medical facility for ' treatment of injuries or to a place of ~~~/ shelter or safety. 2. If the person is seriously injured, offer the person medical assistance which can be a simple telephone call for an ambulance. If the person refuses to seek medical assistance and in your opinion, it is a life and death situation, an ambulance shall be called to verify the persons medical condition. 3. If the person is not seriously injured, do advise the person that they should seek medical attention, if you feel it is necessary. If the victim is not removed for medical attention, reports should state the reason. 4. Police officers have the authority to take a child into protective custody, when it is believed the child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect. Police officers have a duty to report all cases of child abuse or neglect to their appropriate commander. k. Personal Opinions. 1. Law enforcement officers shall not threaten retaliation against the person for calling the police during domestic violence situations, even if this is a repeat visit. 2. Law enforcement officers shall not threaten the arrest of all parties for the purpose of discouraging requests for lava enforcement intervention by any party. 3. Law enforcement officers shall not take sides in a domestic violence situation and state personal opinions such as, "it was his/her fault." 4. Law enforcement officers shall be courteous to all persons involved. 1. Civil Actions. 1. If a law enforcement officer acts in good fail-h reliance on this ordinance, the arresting and assisting ].aw enforcement '~ officers and their employing entities and supervisors ~k~~all be immune- froir. li.abiliL-y in any civil action alleging false arrest, false imprisonment or malicious prosecution. 2. Clothing in thi:~ ordinance sk~iall t,~e interprelec? ~,s creating a ~~rivate cause of action for damages to enCorc~_~ i:he provisions set forth l~erE-in. m. Other Provisions. 1. Good faith attempL-s to effect a reconciliation of a marriage ~lrall not be deemed tampering with a witness or victim tampering under Section 575.270 R,S,t9o, 2. When a person against whom an Order oi: Protection has been entered fails to surrender custody of minor children to the person to whom custody was awarded in an Order of Protection, the law enforcement officer shall arrest the Respondent, and shall turn t-ht~ minor children over to the- care and custody of the party to whom such care and custody was awarded. 3. The Director of Public Safety is directed to establish a procedure to ensure that dispatchers and officers at the scene of an alleged incident of abuse or violation of an order of protection can be informed of any ~~ recorded prior incidents of abuse involving the abused party, and the effective dates and terms of any recorded order of protection. 5. PROSECUTION RESPONSE a. The City Attorney's Office will encourage al ]. police staff to arrest an abuser where there is probable cause to believe a crime has been committed. b. When police reports have been forwarded to the City Attorney's Office, charges will be filed in all cases where there is sufficient evidence to prosecute. c. The City Attorney will vigorously prosecute ordinance violation cases in an effort to address tYie violence before it escalates producing more serious physical and emotional injury. Probation and treatment of the offender and victim will be considered in appropriate cases. PLEASE NOTE: The following "Information Sheet" is provided to inform the reader of some of many organizations available. WE DO NOT RECOMMEND OR ENDORSE ANY OF THE ORGANIZATIONS LISTED. INFORMATION SHEET 1. ADULT ABUSE SHELTER. HOUSES (Telephones answered 24 hours a day.) A. Rose Brooks House (861-6100) - Kansas City and Northland area. B. News House (241-0311) - Northeast Kansas City C. Hope House (461-4673) - Eastern Jackson County 2. CHILD ABUSE HOTLINES A. Child Abuse and Neglect Hotline (1/800-392-3738) B. Parents Anonymous Child Abuse Hotline (474-4588) 3. Metropolitan Organization to Counter Sexual Assault (531-0233) 4. Alcoholics Anonymous A. Alcoholics Anonymous Area Information Center Central Office (471-7229) B. Alcoholics Anonymous of Platte County - Park Hill Group (741-7944) 10901 N.W. 45 Highway C. Alcoholics Anonymous North Cak Group (436-9706) 5. For Free Legal Information, Call Project Assist (8:00 am - 5:00 pm) (474-6750) 6. Filing An Order of Protection A. Platte County Circuit Clerk (464-2232) Platte City, Missouri