Section 26.01: Definitions

• Assault: A criminal act causing bodily injury or threatening imminent bodily injury to another, including spouses. This also involves threats made with a deadly weapon.

• Bodily Injury: Defined as physical pain, illness, or any impairment to one's physical condition.

• Breach of the Peace: Unauthorized acts involving violence or potential to provoke violence.

• Common Law Marriage: A relationship where a man and woman agree to be married, cohabit, and hold themselves out as married.

• Deadly Weapon: Any firearm or item designed or adapted to inflict death or serious bodily injury.

• Domestic Disturbance: A dispute of civil or criminal nature between family members, leading to police involvement.

• Family: Includes consanguinity and affinity relations, former spouses, and biological parents without regard to marital status.

• Family Violence: Intentional use or threat of physical force within a family or household, excluding reasonable child discipline.

• Household: A unit living together in one dwelling, regardless of relation.

• In the Presence Of: Situations where an officer observes probable cause of a crime being committed.

• Intoxication: Disturbance of mental or physical capacity due to a substance.

• Mediation: Facilitating a conversation for disputants to reach a resolution.

• Private Premises: Any personal residence, including apartments and hotel rooms.

• Probable Cause: Sufficient facts that lead a reasonable person to believe an offense has occurred.

• Public Place: Areas accessible to the public, like streets and school grounds.

• Serious Bodily Injury: Injury posing substantial risk of death or lasting impairment.

Section 26.02: Policy

• Nature of Domestic Disturbances: Intervention is required but tailored to the specific situation. Officers must:

  1. Restore and maintain order.

  2. Provide emergency assistance.

  3. Prevent escalation of violence.

  4. Determine if a crime has occurred.

  5. Make arrests if warranted.

  6. Inform involved parties about available alternatives and resources.

• Legislative Framework: Family violence is a serious concern deserving maximum legal protection.

  1. Officers should prioritize victim protection, regardless of the relationship to the suspect.

  2. Officers must enforce laws even in family contexts.

  3. Investigation priorities include protecting victims, law enforcement, and making lawful arrests.

Section 26.03: General Procedure

• Safety in Disturbances: These situations can be volatile; two units are preferred for response. Single officers should wait for backup when possible.

• Informing Third Parties: If a third party called police, they should be informed about filing a formal complaint, ensuring confidentiality.

• Intervention Protocol: Officers should:

  • Separate disputants and control weapon access.

  • Talk to parties individually to ascertain facts.

  • Remain impartial and tactful during discussions, fostering a calm atmosphere.

  • Advise possible victims of measures to prevent further violence.

Section 26.04: Entry and Intervention on Private Premises

• Police Entry: Officers can enter private premises with one party’s consent, even against others' objections.

• Lockouts: Officers do not assist with forced entry if one party is locked out unless for immediate safety.

• Refusal of Entry: If refused entry, officers may only enter if probable cause indicates that immediate action is required.

• Departure Protocol: Officers must leave if asked by a disputant requesting their absence, unless an arrest is warranted or there's probable cause of ongoing danger.

Section 26.05: Remedies

• Tension Reduction Strategies: Officers should choose remedies that prevent further conflict, such as:

  1. Mediation

  2. Referring disputants to social or legal resources.

  3. Temporary separation.

  4. Advising potential criminal liability.

  5. Discussing civil protective orders.

  6. Voluntary weapon surrender.

  7. Limited restraint if necessary.

  8. Arrest.

• Child Welfare: Each interaction must prioritize children's safety, potentially involving procedures from juvenile protocols.

Section 26.06: Assaults

• Assault Response: Officers must arrest if they witness family violence.

• Post-arrival Assaults: If officers arrive and there is probable cause of prior assault leading to injury, they are required to arrest.

• Family Violence Violations: Arrest if a protective order violation or serious bodily injury is evident.

Section 26.07: Verbal Assaults

• Probable Cause: Officers may arrest for verbal assault if threats suggest physical injury is likely.

Section 26.08: Other Offenses and Situations

• Intoxication: Intoxication alone does not warrant arrest if in a private space; officers may provide counsel for treatment.

• Disorderly Conduct: Arrests may be made in public disturbances but should prioritize conflict resolution.

• Property Disputes: Officers should maintain peace and suggest legal counsel when disputes over property arise.

• Child Custody Issues: Verify court orders, maintain peace, and advise on civil consequences for violations.

• Family Protective Orders: Officers must check for active protective orders and enforce them accordingly.

Section 26.09: Firearm Surrender Procedures

• Determining Firearm Presence: Officers must ascertain if firearms are present during domestic violence incidents.

  • Request voluntary surrender for safekeeping.

  • If refusal occurs, removal may proceed if it's necessary for safety.

• Return of Firearms: Procedures for returning firearms involve verifying ownership, criminal history checks, and ensuring no legal restrictions apply to the owner.