COURT PROTECTION ORDERS Model Policy Effective Date October 1, 1993 Number Subject Court Protection Orders Reference Special Instructions Distribution Reevaluation Date September 30, 1994 No. Pages 2 I. PURPOSE The purpose of this policy is to provide officers with information and guidance on how to process and enforce court protection orders. II. POLICY Research reveals that nearly one-third of all female homicide victims in the United States are killed by a husband or boyfriend. Another third of all emergency hospital visits by women are due to injuries sustained in domestic violence.Children are direct or indirect victims of abuse in more than half of such domestic violence cases. Without intervention, the pattern of abusive behavior typically escalates in both frequency and intensity. One important means of intervention is issuing court protection orders that limit or prohibit contact between individuals in abusive domestic situations. Therefore, it is the policy of this law enforcement agency to fully enforce these orders and, to that end, to maintain a system that will provide up-to-date information on these orders to officers responding to domestic disturbances. III. DEFINITIONS Order of Protection: An emergency, interim or permanent injunction issued by a criminal, civil or domestic relations court that prohibits certain actionsCtypically those related to physical contact, harassment, intimidation or interference with personal libertyCthat grants custody of minor children or that requires that certain actions be taken by the respondent. IV. PROCEDURES A. Processing of Court Protection Orders This agency's court liaison authority shall ensure that a copy of all protection orders enforceable within this jurisdiction are received in a timely manner from the issuing authority. 1. Orders that require service by this agency shall be processed in accordance with standard operating procedures for service of civil process. 2. Required information from the order will be entered into this agency's information management system as referenced by the respondent's last name and victim's name and address, and a copy of the order will be forwarded to communications center personnel. 3. The communications center supervisor shall ensure that pertinent information relative to all current court protection orders is readily available to communications center personnel. B. Service of Court Protection Orders 1. All court protection orders shall be served in a timely manner. 2. Prior to issuing the order for service, a check will be made to determine if the respondent is incarcerated in the county jail and will be served there if incarcerated. A check for outstanding warrants will also be performed, and any outstanding warrants on file shall be served in conjunction with the court protection order. 3. An officer serving the order shall sign the completed document and return it to the authorized office as soon as possible following service. The date of service shall be entered on all copies of the order retained by this agency as well as those returned to the issuing court. 4. Every reasonable effort shall be made by this agency to serve court protective orders within the time frame prescribed by law. a. Unserved orders shall be returned to this agency's issuing office for further action. b. Until the date of expiration, any sworn officer may serve a previously unserved court order. Information on all unserved orders shall be made available to patrol and investigative officers for service. 5. A copy of court protection orders shall be forwarded to petitioners as soon as possible following service. C. Enforcement of Court Protection Orders Breach of a valid court order shall be enforced in the same manner and with the same vigor as violations of statutory law. When encountering potential violations in domestic violence or other contexts, officer shall follow these procedures. 1. In cases of domestic violence, officers shall use all reasonable means to quell open conflict, protect the victim(s) and enforce the law as applicable in procedures set forth in this agency's policy on domestic violence. 2. Officers are responsible for determining whether a valid court protection order is in force. The officer shall verify existence of the order and its provisions by referring to the copy provided by the victim or by requesting that communications personnel check this agency's information system. 3. Arrest of the offender is the preferred agency response if a. provisions of the court order have been violated and the violation is grounds for arrest; or b. if probable cause for arrest exists, whether or not the victim wishes to file a complaint. (Note: In violation of a valid court order, violators may be charged with contempt of court as well as other violations of law evidenced at the scene.) 4. Officers shall follow all applicable procedures set forth in this agency's policy on domestic violence regarding conducting the on-scene investigation and providing victim assistance and crime prevention measures. This project was supported by Grant No. 87-SN-CX-KO77 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies, and the impact of varied agency resource capabilities among other factors.