It is the intent of this policy to prescribe the course of action
to be taken by members of the Patterson Township Police Department
as it relates to their response to and intervention in cases of domestic
violence or dispute.
It shall be the policy of the Patterson Township Police Department
to:
A.
Strive, through education and intervention, to reduce the incidents
and severity of domestic violence cases.
B.
Protect victims of domestic violence and provide support and relief
to them through a combined effort of law enforcement and available
community services.
C.
Promote officer safety by ensuring that all officers are fully prepared
to respond to and effectively deal with calls for service involving
domestic violence or dispute.
A.
For the purposes of identification in cases involving domestic violence
or dispute, the following will be defined as family or household members:
(1)
Persons who are legally married to each other.
(2)
Persons who were formerly married to each other.
(3)
Persons related by blood.
(4)
Persons related by marriage.
(5)
Persons not legally married but have a child in common.
(6)
Persons who are not legally married but cohabit in a manner
consistent with marriage.
(7)
Persons established in a family setting by an act of court.
B.
For the purposes of identifying an incident as a domestic violence
incident, a family or household member shall have committed or attempted
to commit any of but not limited to the following acts against another
family or household member:
A.
In responding to a call for service in reference to a reported domestic
violence or dispute call, the duty officer shall:
(1)
Arrive at the call in an expedient and safe manner.
(2)
If available, request that a backup unit to be placed en route
for officer safety and to assist in incident documentation.
(3)
Upon arrival, take control of the situation and restore order.
(4)
Take custody of any weapons used or threatened to have been
used in the incident.
(5)
Make an assessment of any medical needs for parties involved.
(6)
Conduct a preliminary interview with parties present to determine
if criterion pursuant to the Domestic Violence Act[1] is present. (If criteria are present, the officer shall make an arrest pursuant to the Domestic Violence Act and in accordance with § A204-63.)
[1]
Editor's Note: See 23 Pa.C.S.A. § 6101 et seq.
(7)
Make record of and collect any articles deemed evidence. If
needed, photographs will be taken either by the duty officer or by
a photo service having a contractual agreement with the Department
of any injuries or damages incurred during the incident.
B.
Where no arrest is required by statute, a general mediation of facts
in dispute should be done, including but not limited to providing
transportation from the scene of an actor to prevent an escalation
to further incident or violence.
C.
Regardless of the necessity to make an arrest or to mediate the incident,
the officer shall provide all victims his name along with the Department's
victim services notification form and have the party receiving said
form sign on the appropriate line to prove receipt.
D.
In no case shall the officer leave the scene until the scene is secured,
any medical attention has been provided, appropriate arrests have
been made, support services and how to obtain them has been provided
and explained and the possibility of a continuing conflict has been
suppressed.
A.
When probable cause exists, whether by verbal statements made by
a victim or otherwise provided, or evidence exists in plain view and
is witnessed by the responding officer of the elements of the following
crimes: simple assault, aggravated assault, reckless endangerment
or criminal homicide, and if the offender is present, an arrest without
warrant pursuant to the Domestic Violence Act[1] shall be made, and both victim and offender will be advised
that the arrest is being initiated by the commonwealth and not the
victim.
[1]
Editor's Note: See 23 Pa.C.S.A. § 6101 et seq.
B.
If the offender has left the scene of the incident, a search of the
immediate area will be done after all medical and procedural matters
are completed and the scene is secure. Information shall be gathered
either from a victim or from witnesses as to the possible whereabouts
of the offender. In any case, a criminal complaint will be prepared
by the arresting officer citing the specific crime committed to be
used should the offender be found, arrested and taken for arraignment
or to be processed during normal working hours through the District
Justice's office and a warrant secured.
C.
If the incident results in a homicide, the responding officer will
follow all the aforementioned procedures and in addition shall notify
the Assistant Chief of Police as a lead investigator.
A.
Knowing that victims of domestic violence are sometimes unaware that
advocacy resources exist for them and that domestic violence is a
crime, all officers of the Patterson Township Police Department are
hereby required to provide assistance to victims and offenders whether
adult or children in the following manner:
(1)
Advise all parties about the criminal nature of family violence
and that assistance is available to all parties, both victim and perpetrator.
(2)
In all cases, secure the proper medical treatment for victims.
(3)
Ensure the safety of minor children, including transportation
to relatives if needed.
(4)
Remain at the incident scene until satisfied that hostilities
have ceased and no threat exists for the victim.
(5)
Maintain peace and control while party or parties remove personal
property.
B.
Regardless of how minor the incident appears, the victim services
notification form will be given and signed for.
This policy will be subject to periodic review and, if need
be, amended to comply with rules and regulations promulgated by the
Legislature of the Commonwealth of Pennsylvania. The policy in its
current form complies with the rules set forth in the Domestic Violence
Act[1] of Pennsylvania.
[1]
Editor's Note: See 23 Pa.C.S.A. § 6101 et seq.
