4.104 Domestic Violence Investigations

Question 1

What is the overall policy of “4.104 - Domestic Violence Investigations”?

Answer 1

“Domestic violence is a crime which adversely affects the lives of all who are exposed to it. Due to the serious nature, broad scope and cycle of violence inherent in theses crimes, the response of law enforcement must reflect an appropriate sense of urgency. It is the policy of this department to aggressively pursue acts constituting domestic violence to prevent further violence.”

Question 2

“Frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.”

Answer 2

Dating Relationship

Question 3

What are the (2) enhancements that use prior convictions to enhance a misdemeanor battery DV to a felony?

Answer 3

1. Battery DV with (2) prior DV convictions in 7 years, or

2. Battery DV with at least (1) prior felony DV conviction

Question 4

Define siblings.

Answer 4

Siblings, related by blood or marriage (includes half-siblings, siblings-in-law and step-siblings.

Question 5

Define Domestic Relationship.

Answer 5

1. Spouse or former spouse (or the minor child of)
2. Dating partner or former dating partner (or the minor child of)
3. Have a child in common, or the custodian/guardian of the minor child
4. Siblings or cousins in a custodial relationship
5. Related by blood or marriage (excluding siblings or cousins NOT in a custodial relationship)

Question 6

Define Acts of Domestic Violence, per NRS 33.018.

Answer 6

1. Battery
2. Assault
3. Coercion
4. Sexual Assault
5. False Imprisonment
6. Pandering
7. Knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:
   a. Stalking
   b. Arson
   c. Trespassing
   d. Larceny
   e. Destruction of private property
   f. Carrying a concealed weapon without a permit
   g. Injuring or killing an animal
   h. Burglary
   i. Invasion of the home

Question 7

During a domestic violence investigation, are officers permitted to question children that were present during the incident?

Answer 7

Yes.

Note: “Ask open-ended questions such as, “What happened? What did you see, hear, or feel? Are you ok?” Be cognizant of the child’s age and demeanor.”

Question 8

During a domestic violence investigation, officers SHALL immediately contact their supervisors in the following (5) cases,

Answer 8

1. Felony domestic violence has occurred.
2. A law enforcement employee of any agency is involved as a suspect or victim.
3. Parties involved are believed to be a pimp and prostitute.
4. A suspect under arrest has a previous conviction for domestic violence and is in possession of a firearm and/or ammunition.
5. A mutual arrest is considered.

Question 9

“Officers must arrest for any battery offense constituting domestic violence committed within the preceding 24 hours or…”

Answer 9

…a felony offense constituting domestic violence.”

Question 10

For all other misdemeanor acts constituting domestic violence (i.e. trespass, petit larceny, destruction of private property, etc), officers may…

Answer 10

…complete a citizen’s citation or a citizen’s arrest.

Question 11

“Mutual arrests are discouraged. When officers have probable cause to believe that both parties have committed battery constituting domestic violence (a mutual battery), officers shall…”

Answer 11

“…attempt to determine a primary aggressor.”

Question 12

Before making arrests for mutual battery domestic violence, officers are required to obtain approval from…

Answer 12

…their supervisor.

Question 13

Following an arrest for battery domestic violence, “if there are firearms present and an involved party has control over those firearms, an officer may…”

Answer 13

“…impound the firearms for safekeeping if the officer has an articulable reason that a danger exists and the involved party agrees or gives consent.”

Question 14

“Victim statements provided to Safenest are…

Answer 14

…confidential and not intended for law enforcement without the consent of the victim.”

Question 15

As a supervisor, who must be notified in cases when a law enforcement employee from any agency is involved as a suspect or victim of domestic violence?

Answer 15

“The watch commander (if unavailable, contact the Criminal Investigations Section supervisor) and the area lieutenant must respond.”

Question 16

What is the overarching policy in regards to Domestic Violence?

Answer 16

Domestic Violence is a crime which adversely affects the lives of all who are exposed to it. Due to the serious nature, broad scope, and cycle of violence inherent in these crimes, the response of law enforcement must reflect an appropriate sense of urgency. It is the policy of this department to aggressively pursue acts constituting domestic violence to prevent further violence.

Question 17

During a domestic violence call when shall officers contact their supervisor immediately?

Answer 17

Officers shall immediately contact their supervisor in cases when:

1. Felony domestic violence has occurred.
2. A law enforcement employee of any agency is involved as a suspect or victim.
3. Parties involved are believed to be a pimp and prostitute.
4. A suspect under arrest has a previous conviction for domestic violence and is in possession of a firearm and/or ammunition.
5. A mutual arrest is considered.

Question 18

During a mutual domestic battery arrest, who must authorize the arrest before transporting?

Answer 18

Officers are required to obtain approval from their supervisor before making the mutal arrest.

Question 19

With regards to domestic battery, what will a supervisor do?

Answer 19

The supervisor will:

1. In cases of mutual arrest, ensure every attempt has been made to try and determine a primary aggressor and probable cause exists for both arrests prior to giving approval for any mutual arrest.
2. In cases meeting the Family Justice Center call-out criteria, immediately notify FJC detectives. Current criteria can be obtained through a Dispatch supervisor.
3. If parties involved are believed to be a pimp and prostitute, immediately notify the Vice Section.
4. In cases when a law enforcement employee of any agency is involved as a suspect or victim of domestic violence, immediately notify the watch commander (if unavailable, contact the Criminal Investigations Section Supervisor) and the area lieutenant to respond.
5. Review all reports for accuracy and consistency, including jurisdiction, elements of the crime, and probable cause.

Question 20

What will the supervisor do, in regards to Investigations of Department Vehicle Incidents

Answer 20

The commissioned supervisor will:

1. Respond and conduct preliminary investigation.
   a. Determine this falls within the definition of a vehicle incident and not a vehicle collision.
   b. If the collision only rises to the level of an incident and no other citizen vehicle or non-motorist was involved (i.e., LVMPD property vs. LVMPD property, single vehicle damage on or off road [i.e., rim damage, oil pan, etc.]; or single vehicle vs. private property [i.e., rock, pole, structure, etc. with minor or no apparent damage]), complete and submit LVMPD 393 Supervisor’s Report of Department Vehicle Incident, to the involved member’s bureau/area commander.

Question 21

What will the immediate supervisor do, in regards to review and reporting department take-home vehicles?

Answer 21

The immediate supervisor will:

1. Conduct a monthly review of vehicles assigned as a take-home vehicle to ensure the proper use, care, mileage, fuel usage, and continuing need.
2. Report any changes or deficiencies to the bureau/area commander. Complete the Take-Home Vehicle Change Authorization, LVMPD 136, if needed.