Duluth Police Pocket Card

Sample laminated pocket card Duluth Police use to document domestic violence arrests/incidents                   

 

Card 1

 

Duluth Police Department Report Writing Checklist

             Domestic Assault Arrest/Incident

 

Document the following:

1.   Time of arrival and incident

2.   Relevant 911 information

3.   Immediate statements of either party

4.   Interview all parties and witnesses documenting:

(a)  relationship of parties involved/witnesses

(b)  name, address, phone -  work/home, employer, etc

(c)  individuals’ accounts of events

(d)  when and how did violence start                                                                                                      

(e)  officer observation related to account of events

(f)   injuries, including those not visible

        (e.g. sexual assault, strangulation)

(g)  emotional state/demeanor

(h) alcohol or drug impairment

5.   Evidence collected (e.g., pictures, statements, weapons)

6.   Children present, involvement in incident, general

      welfare. Children not present, but reside at the residence                

7.   Where suspect has lived during past 7 years

8.   Medical help offered or used, facility, medical release

      obtained 

9.   Rationale for arrest or non-arrest decisions

10. Summarize actions (e.g., arrest, non-arrest,

      attempts to locate, transport, referrals, victim

      notification, seizing firearms) 

11. Existence of OFP, probation, warrants, prior convictions            

12. Victim’s responses to risk questions including your                   

observations of their responses             

13. Names and phone numbers of 2 people who can always                                                                                                    

      reach victim (#s not to be included in report)                                                                                     

      

 

Reverse side of card
 
Risk Questions

1.     Do you think he/she will seriously injure or kill you or your children? What makes you think so? What makes you think not?

2.       
How frequently and seriously does he/she intimidate, threaten, or assault you?

3.     Describe most frightening event/worst incidence of violence involving him/her.

Victim Notification

§          Provide victim with Crime Victim Information Card (including ICR number and officer’s name)

§          Advise of services of local domestic violence shelter

§          Advise victim (if there was an arrest) that a volunteer advocate will be coming to her home soon to provide information and support

§          If victim has a phone, inform her that the advocate will attempt to call her before coming.

§          Contact the battered women’s shelter as soon as possible and advise them of the arrest – 728-6481.

Self-Defense Definition

Reasonable force used by any person in resisting or aiding another to resist or prevent bodily injury that appears imminent. Reasonable force to defend oneself does not include seeking revenge or punishing the other party.

Predominant Aggressor Consideration

Intent of policy – to protect victims from ongoing abuse

Compare the following:

§          Severity of their injuries and their fear (incident)

§          Use of force and intimidation

§          Prior domestic abuse by either party

§          Likelihood of either party to commit domestic abuse in the near future.

 

 

 

 

 

Card 2

 

 

 

Enhancements

 

Misdemeanor domestic assault charges are enhanceable to gross misdemeanor if the present assault:

§          Involves the same victim or another domestic status victim and the assault occurs within 5 years of the date of discharge of sentence of a previous assault or domestic assault conviction

§          Involves any victim and the assault occurs within 2 years of the date of discharge of sentence of a previous assault conviction

 

Misdemeanor domestic assault charges are enhanceable to a felony if the person to be arrested has been convicted of:

§          2 or more assaults against the same victim within 5 years of discharge of the sentence

§          any victim within 3 years of discharge of  sentence

 

 

Determining the Validity of an OFP

 

Any protection should be presumed valid and enforced (including an out-of-state order) if all the following are identified on the order:

§          names of both parties

§          date order was issued

§          expiration date of order

§          specified terms and conditions with which abuser must comply

§          name of issuing court

§          signature of judicial officer or someone on behalf of judicial officer

5/01

 

 

Reverse side

 

 

 

 

4/01