Domestic Violence

320.01.     PURPOSE.

The purpose of this policy is to establish guidelines for response to domestic violence calls in compliance with K.S.A. 22-2307, and to do so maximizing the safety of victims, officers, and others immediately present.

Law enforcement officers are expected to do the following:

Afford protection and support to adult and child victims of domestic violence.

Promote the safety of law enforcement personnel responding to incidents of domestic violence.

Establish arrest and prosecution as a preferred means of response to domestic violence.

Complete thorough investigations and affect an arrest of the person that the officer has probable cause to believe committed a crime or offense involving domestic violence unless the actions were in defense of persons or property.

Take appropriate action for any violation of permanent, temporary, or emergency orders of protection.

Provide victims or witnesses of domestic violence with support and assistance through cooperative community efforts in order to prevent further abuse and harassment, or both.

320.02.     POLICY.

It is the policy of Augusta Department of Public Safety (ADPS) to provide a proactive, pro-arrest approach in responding to domestic violence. The primary focus shall be on the safety of the victim, officers and others in proximity of the crime, followed closely by perpetrator accountability. The officer should follow all policies and procedures of this department to complete a thorough investigation and analysis of the complaint with the goal of arresting the person(s) committing the act of domestic violence and who were not acting in defense of persons or property.

320.03.     DEFINITIONS.

Family or Household Member - Persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.

Dating Relationship - A social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed: nature of the relationship, length of time the relationship existed, frequency of interaction between the parties, and time since termination of the relationship, if applicable.

Domestic Violence - An act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member. Domestic violence offense means any crime committed whereby the underlying factual basis includes an act of domestic violence.

Defense of Persons or Property - An act by a person as authorized by K.S.A. 21-5222, 21-5223, 21-5224, 21-5225, 21-5230, and 21-5231.

320.04.     AUTHORITY.

TO ARREST: K.S.A. 22-2401 provides the legal authority and parameters guiding all arrests by law enforcement officers. K.S.A. 22-2307(b)(1) further requires all Kansas law enforcement agencies to have a policy requiring an arrest without delay in any case of domestic violence as defined in K.S.A. 21-5111 whenever the requirements of K.S.A. 22-2401 are met, regardless of whether the crime is a misdemeanor or felony. All offenses within the Kansas Criminal Code (K.S.A. chapter 21) and violations of municipal ordinances may trigger mandatory arrest by law enforcement officers where:

Probable cause of the offense or violation is found and there is probable cause the suspect committed the offense;

There is a qualifying relationship between the victim and the offender (as defined in K.S.A. 21-5111); and

There is no legal use of force in defense of persons or property.

FELONY VS. MISDEMEANOR CHARGES: The authority to arrest without a warrant for domestic violence offenses exists regardless of whether the charge is a misdemeanor or felony, provided probable cause a crime was committed and probable cause the person arrested committed the crime exists. This authority is provided in K.S.A. 22-2307(b) (1) combined with provisions of K.S.A. 22-2401(c). The arrest for crimes that are not domestic violence related discovered during the course of a domestic violence investigation are authorized only if the requirements of K.S.A. 22-2401 are met.

WHEN ARREST IS NOT REQUIRED: This authority does not require an officer to arrest either party involved in an alleged act of domestic violence when there is no probable cause to believe that a crime or offense has been committed or there is no probable cause that a particular person committed the crime. Such determination should be preceded by a thorough investigation.

MULTIPLE ARRESTS: Both parties involved in an alleged act of domestic violence should be arrested only when a thorough investigation establishes probable cause each person committed a domestic violence crime and was not acting in defense of persons or property, or can otherwise be arrested under authority of K.S.A. 22-2401. The arrest of both parties simply because the information is inadequate to determine who was the aggressor and who was acting in defense of persons or property is not appropriate.

OPPOSING ALLEGATIONS: Authority to arrest is further clarified in K.S.A. 22-2307(b)(3) by directing law enforcement officers who receive complaints of domestic violence from two or more opposing persons, to evaluate each complaint separately to determine if there is probable cause that each accused person committed a crime or offense and their actions were not defense of persons or property.