Microsoft Word - WV SOS - Online Applications And Data Access - Index

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Microsoft Word - WV SOS - Online Applications And Data Access - Index ...


    TITLE 149



    SERIES 3



?149-3-1. General.

     2.2.5. To help reduce police resources

     1.1. Scope. -- This legislative rule consumed in responding to domestic violence by establishes law enforcement response to reducing the number of police interventions domestic violence. required for any particular household.

     1.2. Authority. -- W. Va. Code ?48-27-?149-3-3. Definitions.


     3.1. For the purposes of this rule, unless

     1.3. Filing Date. -- May 11, 2005. specifically stated otherwise, the terms “officer,”

     “law enforcement officer,” or “police officer”

     1.4. Effective Date. -- July 1, 2005. refer to law enforcement officers and officials as

     defined in this subdivision. Nothing in this rule ?149-3-2. Purposes. should be construed to extend the authority of

     any law enforcement officer beyond the law

     2.1. The principal purpose of this rule is to enforcement officer’s statutory jurisdiction.

    establish guidelines and procedures in

    compliance with state and federal law to be 3.1.1. “County” means any one of the followed by law enforcement officers and other fifty-five major political subdivisions of the state. personnel involved in police response to

    domestic calls. 3.1.2. “Law enforcement agency”

     means any duly authorized state, county, or

     2.2. Other purposes and goals of this rule municipal organization employing one or more are: persons whose responsibility is the enforcement

     of laws of the state or any county or

     2.2.1. To reduce the incidence and municipality of this state.

    severity of domestic violence by establishing

    arrest and prosecution, rather than mediation, as 3.1.3. “Law enforcement officer” the preferred means of police response to means any duly authorized member of a law-domestic violence; enforcement agency who is authorized to

     maintain public peace and order, prevent and

     2.2.2. To afford maximum protection detect crime, make arrests and enforce the laws and support to victims of domestic violence of the state or any county or municipality of this through a coordinated program of law state, other than parking ordinances, and enforcement and victim assistance; includes those persons employed as security

     officers at state institutions of higher education

     2.2.3. To ensure that law enforcement and those persons employed as rangers by the services are as available in domestic violence Hatfield-McCoy Regional Recreation Authority. cases as they are in other criminal cases;

     3.1.4. “Law enforcement official”

     2.2.4. To promote law enforcement means the duly appointed chief administrator of officer safety by ensuring that law enforcement a designated law-enforcement agency or a duly officers are as fully prepared as possible to authorized designee.

    respond to domestic calls; and,

     3.1.5. “Municipality” means any incorporated village, town or city whose



    boundaries lie within the geographic boundaries serious bodily injury or death, or is readily of the state. adaptable to that use. The term “deadly

     weapon” includes, but is not limited to, a

     3.2. As used in this rule unless the context blackjack, a gravity knife, a knife, a switchblade clearly requires otherwise: knife, a nunchuka, metallic or false knuckles, a

     pistol, or a revolver, as defined in W. Va. Code

     3.2.1. “Credible corroborative ?61-7-2.

    evidence” means evidence that is worthy of

    belief and corresponds with the allegations of 3.2.3. “Domestic assault” means the one or more elements of the offense and may unlawful attempt to commit a violent injury of include, but is not limited to, the condition of the another family or household member or victim, the accused, and the scene. unlawfully committing an act which places

     another family or household member in

     3.2.1.a. Credible evidence of the reasonable apprehension of immediately victim’s condition may include, but is not receiving a violent injury.

    limited to, one or more contusions, scratches,

    cuts, abrasions, swellings, or other signs of 3.2.4. “Domestic battery” means the physical injury; missing hair; torn clothing or unlawful and intentional physical contact of an clothing in disarray consistent with a struggle; insulting or provoking nature with another observable difficulty in breathing or family or household member or unlawfully and breathlessness consistent with the effects of intentionally causing physical harm to another choking or a body blow; observable difficulty in family or household member.

    movement consistent with the effects of a body

    blow or other unlawful physical contact. 3.2.5. “Family or household members”

     means persons who:

     3.2.1.b. Credible evidence of the

    condition of the accused may include, but is not 3.2.5.a. Are or were married to each limited to, physical injury or other conditions other;

    similar to those set out for the condition of the

    victim which are consistent with the alleged 3.2.5.b. Are or were living together offense or alleged acts of self defense by the as spouses;


     3.2.5.c. Are or were sexual or

     3.2.1.c. Credible evidence of the intimate partners;

    condition of the scene may include, but is not

    limited to, damaged premises or furnishings or 3.2.5.d. Are or were dating: disarray or misplaced objects consistent with the Provided, That a casual acquaintance or ordinary effects of a struggle. fraternization between persons in a business or

     social context does not establish a dating

     3.2.1.d. Other credible evidence relationship;

    may include, but is not limited to, statements by

    the accused admitting one or more elements of 3.2.5.e. Are or were residing the offense; threats made by the accused in the together in the same household;

    presence of a law enforcement officer; audible

    evidence of a disturbance heard by the 3.2.5.f. Have a child in common dispatcher or other agent receiving the request regardless of whether they have ever married or for police assistance; or written statements by lived together;


     3.2.5.g. Have the following

     3.2.2. “Deadly weapon” means an relationships to another person: instrument that is designed to be used to produce



     3.2.5.g.1. Parent;

     3.2.6.a. Attempting to cause or

     3.2.5.g.2. Stepparent; intentionally, knowingly, or recklessly causing

     physical harm to another person with or without

     3.2.5.g.3. Brother or sister; dangerous or deadly weapons;

     3.2.5.g.4. Half-brother or half- 3.2.6.b. Placing another person in sister; reasonable apprehension of physical harm;

     3.2.5.g.5. Stepbrother or 3.2.6.c. Creating fear of physical stepsister; harm by harassment, psychological abuse, or

     threatening acts;

     3.2.5.g.6. Father-in-law or

    mother-in-law; 3.2.6.d. Committing either sexual

     assault or sexual abuse as those terms are

     3.2.5.g.7. Stepfather-in-law or defined in W. Va. Code ??61-8B-1 et. seq. and stepmother-in-law; 61-8D-1 et seq.; or,

     3.2.5.g.8. Child or stepchild; 3.2.6.e. Holding, confining,

     detaining, or abducting another person against

     3.2.5.g.9. Daughter-in-law or that person’s will.


     3.2.7. “Firearm” means any weapon

     3.2.5.g.10. Stepdaughter-in-law that will expel a projectile by action of an or stepson-in-law; explosion.

     3.2.5.g.11. Grandparent; ?149-3-4. Protective Orders.

     3.2.5.g.12. Step grandparent; 4.1. A protective order is an injunction or

     other order, issued under domestic violence,

     3.2.5.g.13. Aunt, aunt-in-law or family violence, antistalking, or similar step aunt; domestic relations laws. A protective order is

     issued to prevent an individual from engaging in

     3.2.5.g.14. Uncle, uncle-in-law violent or threatening acts against, harassment of, or step uncle; contact or communication with, or physical

     proximity to a protected individual. A

     3.2.5.g.15. Niece or nephew; protective order must be issued by a court,

     agency or other entity authorized by law to issue

     3.2.5.g.16. First or second or modify a protective order.

    cousin; or,

     4.1.1. Protective orders include, but are

     3.2.5.h. Have the relationships set not limited to, Emergency Protective Orders, forth in 3.2.5.g.1. through 3.2.5.g.16., of this Temporary Emergency Protective Orders, subsection, to a family or household member, as Domestic Violence Protective Orders, defined in subsections 3.2.5.a. through 3.2.5.f. of Temporary or Final Protective Orders issued as a this section. part of Temporary or Final Divorce Orders, or

     any other terms or orders that have a similar

     3.2.6. “Family violence,” “domestic purpose.

    violence,” or "abuse" means the occurrence of

    one or more of the following acts between 4.1.2. Domestic violence protective family or household members: orders are considered criminal in nature. Law



    enforcement officers who are sworn law jurisdiction of the United States, or an Indian enforcement officers in the state of West tribe or band that has jurisdiction to issue Virginia are responsible for the initial service of protection orders shall be accorded full faith and all protective orders in order to ensure the most credit and enforced as if it were an order of this prompt service of the protective order. Service state, whether or not the relief ordered is may be performed on any day including Sundays available in this state, if there is probable cause and holidays. No law enforcement officer shall to believe that it is a valid foreign protection refuse to serve pleadings or orders in domestic order.

    violence protective order actions.

     4.4.1. There is probable cause to

     4.2. A protective order generally remains in believe that a protection order is valid if it effect for the period of time stated in the order. identifies both the protected individual and the

     respondent, and the order appears, on its face, to

     4.2.1. A protective order remains in be authentic and currently in effect. effect longer than the period of time stated in the

    order if: 4.4.1.a. In circumstances whereby a

     written protection order is not presented, law

     4.2.1.a. The protected person has enforcement officers may consider other filed for and received an extension of the credible information in determining whether protective order; there is probable cause to believe that the order

     exists and is currently in effect.

     4.2.1.b. The protective order was

    automatically extended by the filing or 4.4.2. Presentation of a certified copy of reopening of a court case between the same a protection order is not required for parties after the protective order was entered; or, enforcement.

     4.2.1.c. The protective order was 4.4.3. For the purposes of this section, extended by an order entered in another court the protection order may be inscribed on any case between the same parties. tangible medium or may have been stored in an

     electronic or other medium if it is retrievable in

     4.2.2. A protective order does not perceivable form.

    remain in effect for the period of time stated in

    the order if: 4.4.4. A protection order, temporary or

     final, from another jurisdiction may be enforced

     4.2.2.a. An order was entered by even if the order is not registered, filed or the court dismissing the protective order; or, entered into the state law enforcement

     information system.

     4.2.2.b. In a case between the same

    parties which extended the protective order as a 4.5. If a law-enforcement officer determines matter of law, a temporary or final order was that an otherwise valid protective order cannot entered, and the temporary or final order did not be enforced because the respondent has not been extend the protective order. notified of or served with the order, the officer

     shall inform the respondent of the order. The

     4.3. A protective order issued in any county officer shall make a reasonable effort to serve in West Virginia is in effect in all counties in the order upon the respondent. The officer shall West Virginia. allow the respondent a reasonable opportunity to

     comply with the order. The officer shall then

     4.4. A protection order issued by a state of enforce the order.

    the United States, the District of Columbia,

    Puerto Rico, the United States Virgin Islands or ?149-3-5. Dispatcher Responsibilities.

    any territory or insular possession subject to the



     5.1. Dispatchers under the supervision of a the house, would they consent to entry and how police department and communications and the caller may indicate the premises; emergency operations centers which dispatch

    law enforcement officers, shall dispatch 5.2.12. Whether a criminal warrant is domestic calls in the same manner as any other outstanding on the accused; and,

    call for police assistance, in accordance with the

    priority criteria prescribed by generally 5.2.13. Whether the accused has been applicable department procedures. Whenever released on bail on a charge of a crime against a possible, the dispatcher should assign a back-up family or household member, including a family unit. or household member who is a child, with any

     conditions on bail regarding contact with the

     5.2. The dispatcher receiving a domestic victim or complainant.

    call should attempt to elicit from the caller, and

    should communicate to the responding law 5.3. If the caller is the victim, or if the caller enforcement officers, as much of the following is a witness to a domestic incident in progress, information, in the following order of the dispatcher should keep the caller on the importance, as time and exigencies of the telephone and should relay ongoing information reported incident allow: provided by the caller to the responding law

     enforcement officers. The dispatcher should tell

     5.2.1. The nature of the incident; the caller that help is on the way and when the

     caller can expect the police to arrive.

     5.2.2. The address of the incident,

    including the apartment number or the name of 5.4. If the dispatcher has ready access to the business, as appropriate; police department records that indicate whether

     the parties involved in the incident have been

     5.2.3. A telephone number where the involved previously in domestic incidents or that caller can be called back; indicate whether there is a protective order

     involving the parties in effect, the dispatcher

     5.2.4. Whether weapons are involved; should consult the records and radio any relevant

     information to the responding law enforcement

     5.2.5. Whether or not there are any officers.

    injuries and whether or not an ambulance is

    needed; 5.5. If the dispatcher has reason to believe

     that the subject is on bail for a crime against a

     5.2.6. A description of the accused and family or household member, including a family whether or not the accused is present and, if not, or household member who is a child, and if the the most likely location, direction of flight, and dispatcher has ready access to magistrate court mode of travel of the accused; records that show whether there are conditions

     of bail, the dispatcher should consult the records

     5.2.7. Whether children are at the scene; and radio any relevant information to the

     responding law enforcement officers; including

     5.2.8. Whether any party is using or is a protective order prohibiting the possession of under the influence of alcohol or drugs; firearms.

     5.2.9. Whether a protective order is in ?149-3-6. Initial Law Enforcement Officer effect; Response.

     5.2.10. Whether an affidavit to enter the 6.1. A law enforcement agency, under WV premises exists; Code ?48-27-601, shall immediately follow its

     procedures for investigating a missing person if

     5.2.11. If the caller is the victim and in the agency:



     6.2.3.d. Be alert for the employment

     6.1.a. Has possession of a valid of weapons from doors, windows, or nearby protective order, or has notice of the existence of vehicles;

    a protective order which is in effect, or has been

    expired for a period of less than thirty (30) days, 6.2.3.e. Be alert for persons moving and receives a report that a person protected by away from the immediate scene of the incident; the order has been reported to be missing; or, and,

     6.1.b. Receives a missing person report 6.2.3.f. Employ other standard accompanied by a sworn affidavit that the precautionary measures for approaching high person at the time of the alleged disappearance risk incident scenes.

    was being subjected to treatment, which

    constitutes domestic battery or assault as defined 6.3. Initial contact.

    in subdivisions 3.2.4 and 3.2.5 of this rule.

     6.3.1. The responding law enforcement

     6.1.2. An agency or department shall officers should identify themselves, explain the not have a policy delaying the beginning of an law enforcement presence, and request entry into investigation of a missing person, which meets the home or business. The law enforcement the criteria outlined in this subsection. officers should ask to see the person who is the

     subject of the call. The law enforcement officers

     6.2. Approaching the scene. should not reveal the caller’s name.

     6.2.1. Whenever possible, two law 6.3.2. The law enforcement officers enforcement officers shall respond to a domestic may enter and conduct a search of the premises call. The responding law enforcement officers relevant to the incident if written or verbal should approach the scene of a domestic incident consent has been given to do so. If a domestic as one of high risk. relations protective order is in effect, written

     consent to enter may have been given by the

     6.2.2. The law enforcement officers victim and be on file. The law enforcement should obtain all available information from the officers shall limit the search to a search for dispatcher before arriving at the scene and other suspects, victims, witnesses, or evidence should notify the dispatcher upon arrival. connected with the alleged domestic incident.

     6.2.3. Unless the circumstances of a 6.3.3. If refused entry, the law particular incident require different measures, enforcement officers should be persistent about the law enforcement officers should follow the seeing and speaking alone with subject of the approach procedures set out in the remainder of call. If access to the subject is refused, the law this section. The law enforcement officers enforcement officers should request the should: dispatcher to contact the caller if the caller is the

     subject of the call and communicate between the

     6.2.3.a. Approach the scene law enforcement officers and the caller. If the inconspicuously. The law enforcement officers law enforcement officers leave the scene, the should not use sirens or lights in the immediate law enforcement officers should drive by area of the scene of the incident; premises and observe it frequently. If the law

     enforcement officers remain to observe premises,

     6.2.3.b. Park away from the the law enforcement officers should move to immediate scene of the incident; public property (the street) and observe the


     6.2.3.c. Keep a safe exit route in

    mind; 6.3.4. In some circumstances, forced

     entry is necessary and appropriate. Forced entry



    may be appropriate when the residence area if such statements were made to the dispatcher shows signs of a fight or scuffle; or when a and take appropriate measures to secure and person from inside the residence calls for preserve such evidence.

    assistance or is yelling; or when a person from

    inside is visible and the law enforcement officers 6.5.2. The law enforcement officers observe that the person is wounded, injured, or should ensure the victim’s safety and privacy by is otherwise in need of assistance. interviewing the victim in an area apart from the

     accused, witnesses, and bystanders if possible.

     6.4. Establishing control of scene.

     6.5.3. In questioning the victim, the law

     6.4.1. Once at the immediate scene of enforcement officers should use supportive the incident, the responding law enforcement interview techniques. The law enforcement officers should establish control by: officers should ask the victim about previous

     domestic incidents and their frequency and

     6.4.1.a. Identifying and securing severity. The law enforcement officers should potential weapons in the surroundings; not tell the victim what action the law

     enforcement officers intend to take until all

     6.4.1.b. Separating the victim and available information has been collected. the accused when circumstances are appropriate;

     6.5.4. The law enforcement officers

     6.4.1.c. Assessing injuries should interview the victim and/or any witnesses (including inquiry about possible internal (including all child witnesses) as fully and as injuries), administering first aid, and/or soon as circumstances allow, taking down names, notifying emergency medical services; addresses, and other relevant information.

     When interviewing the victim and/or any

     6.4.1.d. Identifying all occupants witnesses (including all child witnesses) law and witnesses on the premises; and, enforcement officers should determine whether

     the victim and/or any witnesses (including all

     6.4.1.e. Separating occupants and child witnesses) allege facts that constitute all of witnesses from the victim and accused and the elements of assault or battery. If so, the law keeping them out of hearing range (to avoid enforcement officers should inquire whether the compromising their witness status). victim and/or any witnesses are willing to sign a

     statement containing those facts. The law

     6.5. On-scene investigation. enforcement officers should also inquire about

     past abuse or other crimes to aid the law

     6.5.1. The law enforcement officers enforcement officers in evaluating the should conduct an investigation using the same dangerousness of the accused. The law procedures that the law enforcement officers enforcement officers should proceed with the would use in any other on-scene criminal investigation even in the absence of a statement investigation. While conducting the from either a victim and/or any witnesses investigation the law enforcement officers (including child witnesses).

    should attempt to establish the existence of

    credible corroborative evidence. The law 6.5.5. The responding law enforcement enforcement officers should make specific note officers should interview the accused as fully as of and document all statements made by the circumstances allow inquiring about the nature victim, accused and all witnesses, particularly of the dispute. The law enforcement officers those statements that may be admissible as should be alert to possible incriminating evidence as exceptions to the hearsay rule such statements.

    as excited utterances, present sense impression

    and statements made for medical treatment. The 6.5.6. In the collection of evidence and law enforcement officers should also determine taking of statements, the law enforcement



    officers shall protect the constitutional rights of 6.6.2. Where the accused has not been the accused in accordance with current laws and served and has not had actual notice of the order, statutes of the state of West Virginia and of the if the law enforcement officers have a copy to United States. serve upon the accused, they shall serve it. If

     the law enforcement officers do not have a copy

     6.5.7. Children should be interviewed in to serve, then the law enforcement officers shall a manner appropriate to the child’s age. Signs give the accused actual notice of the provisions of trauma and any apparent healing wounds on of the order by stating the provisions of the order the child should be noted by the law to the accused. If the accused, after having been enforcement officers. served with or given actual notice of the order,

     then refuses to comply with the order, the law

     6.5.8. If the accused has fled the scene, enforcement officers shall follow the arrest the law enforcement officers should solicit provisions as set forth in subdivisions 7.2.3. information as to the possible whereabouts of through 7.2.5. of this rule.

    the accused (place of employment, relatives,

    friends, etc.). The law enforcement officers 6.6.3. When the law enforcement

    should make reasonable efforts to locate and officers observe any violations of a known bail interview the accused as to any statements or condition in cases of crimes between family or evidence they may wish to provide prior to household members, including family or arrest or the obtaining of a warrant. household members who are children, the law

     enforcement officers shall arrest the accused for

     6.6. Enforcing any protective order. violations of the bail conditions; which may

     include the presence of the accused at the home

     6.6.1. If the dispatcher has not advised of the victim.

    the law enforcement officers of the existence of

    a protective order or conditions of release on 6.6.4. The law enforcement officers bail set in a crime against a family or household shall enforce all protective or similar type orders member, including children, or the existence of a that have been issued by a circuit judge, family protective order prohibiting the use or court judge or magistrate of this state, and from possession of a firearm or deadly weapon, the courts of another state, territory, or tribe. law enforcement officers should ask the victim

    whether there is an order or bail conditions. If 6.7. Further on-scene investigation. so, the law enforcement officers should ask the

    victim if he or she can produce a copy of the 6.7.1. The law enforcement officers protective order or bail document or identify the shall collect and preserve all physical evidence county and court or magistrate from which the reasonably necessary to support prosecution, order or document was issued. The law including evidence substantiating the victim’s enforcement officers should attempt to contact injuries, evidentiary articles that substantiate the the local law enforcement department specified attack (weapons, torn clothing, etc.), and by the victim to verify the existence of a valid evidence recording the crime scene. The law protective order or contact the magistrate court enforcement officers should ensure that to verify the conditions of release on bail. The photographs are taken of visible injuries on the law enforcement officers shall enforce all orders victim and of the crime scene. All physical from the magistrate court or any court regardless evidence shall be collected, noted in reports, and of certification. Where the accused has been vouchered as in other criminal investigations. served with the protective order or has actual Sections 3 through 12 of this rule contain notice of the protective order, then the law requirements for reporting and data collection. enforcement officers shall follow the arrest

    authorization provisions as set forth in 6.7.2. The law enforcement officers subdivisions 7.2.3. through 7.2.5. of this rule. should encourage the victim to seek medical

     attention for injuries that do not require



    emergency treatment at the scene. The law family court judge or magistrate of this state or enforcement officers should inquire about from another state, territory, or tribe; law injuries of the victim that are concealed by enforcement officers have authority to arrest the clothing or otherwise not readily apparent. The alleged perpetrator when:

    law enforcement officers should advise the

    victim to have photographs taken if injuries 7.2.5.a. The law enforcement

    appear later. officers have observed credible corroborative

     evidence that the offense has occurred and, ?149-3-7. The Arrest Decision. either:

     7.1. In most circumstances, the responding 7.2.5.a.1. The law enforcement law enforcement officers shall arrest the accused officers have received, from the victim or a whenever arrest is authorized. If no arrest is witness, a verbal or written allegation of facts made, the law enforcement officers shall include constituting a violation of a domestic assault or in the report of the incident an explanation of the domestic battery or violation of a valid reasons why an arrest was not made. protective order; or,

     7.2. Arrest is authorized in the following 7.2.5.a.2. The law enforcement circumstances: officers have observed credible evidence that the

     accused committed the offense;

     7.2.1. When the law enforcement

    officers have probable cause to believe that the 7.2.6. When a misdemeanor or felony accused has committed a felony; not included among those specified in

     subdivisions 7.2.2. through 7.2.5. of this rule has

     7.2.2. When the law enforcement been committed and the law enforcement officers observe the commission of a felony or a officers or another person obtains or has misdemeanor; previously obtained an arrest warrant; or,

     7.2.3. Law enforcement officers 7.2.7. When a capias has been issued, observing the violation of a valid protective or when a circuit judge has signed an attachment order, including the presence of the accused at a order.

    location prohibited by the protective order;

    issued by a circuit judge, family court judge or 7.3. The law enforcement officers shall not magistrate of this state and from courts of consider the following factors in making the another state, territory, or tribe; the officers shall arrest decision:

    arrest the accused provided the accused was

    served with the order or had actual notice of the 7.3.1. The marital status of the parties; order and its contents;

     7.3.2. The ownership or tenancy rights

     7.2.4. When the law enforcement of either party;

    officers observe any violation of a condition of

    bail, probation or parole, including the presence 7.3.3. Verbal assurances that the of the accused at the home of the victim in violence will stop;

    violation of the condition set in cases of crimes

    between family members, including family or 7.3.4. A claim by the accused that the household members who are children; victim provoked or perpetuated the violence;

     7.2.5. When the accused is alleged to 7.3.5. Speculation that the victim will have committed domestic assault and/or not follow through or cooperate with criminal domestic battery or the violation of a valid prosecution (whether based on prior incidents protective order; issued by a circuit judge, involving the same victim, the victim's hesitancy



    about pursuing prosecution, or any other factor); aggressor the law enforcement officers should

     consider, among other things:

     7.3.6. The disposition of any previous

    police calls involving the same victim or 7.5.1. Prior complaints of domestic or accused; family violence;

     7.3.7. Speculation that the arrest may 7.5.2. The relative severity of the not lead to a conviction; injuries inflicted on each person;

     7.3.8. The existence or nonexistence of 7.5.3. The likelihood of future injury to a current protective order (except insofar as the each person; and,

    violation of the order requires arrest);

     7.5.4. Whether one of the persons acted

     7.3.9. Concern about reprisals against in self-defense.

    the victim;

     7.6. Law enforcement officers shall not:

     7.3.10. Adverse financial consequences

    that might result from the arrest; 7.6.1. Threaten, suggest, or otherwise

     indicate the possible arrest of all parties to

     7.3.11. That the incident occurred in a discourage requests for intervention by law private place; or, enforcement by any party; or,

     7.3.12. The racial, cultural, social, 7.6.2. Base the decision to arrest on: political, or professional position, or sexual

    orientation of either the victim or the accused. 7.6.2.a. The specific consent or

     request of the victim; or,

     7.4. It is the law enforcement officers’

    and/or prosecuting attorney’s responsibility to 7.6.2.b. The law enforcement

    decide whether an arrest should be made unless officers’ perception of the willingness of a law enforcement officers are required to make victim of or witness to domestic or family an arrest for violation of a valid protective order violence to testify or otherwise participate in a and/or a violation of the terms and conditions of judicial proceeding.

    bail, probation or parole on a charge of a crime

    against a family or household member. The law 7.7. In addition to any other report required, enforcement officers, therefore, should not law enforcement officers who do not make an consider the victim’s opposition to arrest and arrest after investigating a complaint of domestic should emphasize to the victim, and to the or family violence or who arrest two or more accused as well, that the criminal action thus persons for a crime involving domestic or family initiated is the state’s action, not the victim’s violence, shall submit a written report setting action. forth the grounds for not arresting or for

     arresting both parties.

     7.5. If law enforcement officers receive

    complaints of domestic or family violence from 7.8. The law enforcement officers shall two or more opposing persons, the law arrest for the commission of a crime of domestic enforcement officers shall evaluate each or family violence.

    complaint separately to determine who was the

    primary aggressor. If the law enforcement 7.8.1. The law enforcement officers officers determine that one person was the shall seize all deadly weapons that are alleged to primary aggressor, the law enforcement officers have been involved or threatened to be used in shall arrest the primary aggressor only. In the commission of domestic or family violence, determining whether a person is the primary including those firearms held in violation of a


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