4.104 Domestic Violence Investigations

Question 1

In domestic battery situations, mutual arrests are ____________.

Answer 1

Discouraged

Question 2

Officers are required to get approval from who to make a domestic battery mutual arrest?

Answer 2

Their supervisor

Question 3

When a suspect is being arrested and there is an indication the suspect has a previous conviction for domestic violence or conviction for battery that constitutes domestic violence, and is in possession of a firearm and/or ammunition, the officer will: (besides notifying the supervisor)

Answer 3

a. Verify the suspect’s prior conviction(s) (to include offense and conviction, date, court, and/or event number).

b. Interview the suspect/witness to determine the nature of the relationship to make an arrest.

c. If an arrest is made for a prohibited person in possession of a firearm, the officer will:
1) Complete a Firearms Notification (LVMPD 181) and fax it to the local office of the ATF and LVMPD CCW detail

 2) Impound the firearm and/or ammunition as evidence, and write on the impound form, “Evidence - Prohibited Person.” Write in the circumstances section of the impound form, “firearms impounded, prohibited person,” and explain the reason they are prohibited (i.e., “Previous conviction for domestic violence”).

Question 4

If an arrest is made for prohibited person possession of a firearm (417 related), who does the Firearms Notification get faxed to?

Answer 4

ATF and LVMPD CCW Disposal Detail

Question 5

On a DV, if there are firearms present and an involved party has control over those firearms, an officer may impound those firearms for safekeeping if the officer has articulable reason a danger exists, and if:

Answer 5

The involved party agrees or gives consent.

Question 6

On a DV, officers will request a SafeNest advocate as early as possible via radio for:

Answer 6

1. All felony DV investigations, misdemeanor DV’s where PC exists for an arrest, or an arrest has been made on scene
2. Residents with significant repeated calls for service

Question 7

Are statements made to SafeNest admissible in court?

Answer 7

No. Statements made are confidential in nature and cannot be used without the consent of the victim.

Question 8

SafeNest advocates are intended for adult victims and will not be called out to help victims who are:

Answer 8

A threat to officers,
advocates, or
highly intoxicated and unable to cooperate

Question 9

In DV cases when a law enforcement employee of any agency is involved as a suspect or victim of domestic violence, supervisors will notify:

Answer 9

The watch commander (if unavailable, contact the Criminal Investigations supervisor) and the area lieutenant to respond.

Question 10

Domestic violence is a crime that adversely affects the lives of all 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 ____________________.

Answer 10

Sense of urgency

It is the policy of this department to thoroughly investigate acts constituting domestic violence to prevent further violence.

Question 11

Considered abusive behavior, or coercion used to gain or maintain power and control over another, where there is a certain relationship as defined by law.

Answer 11

Acts constituting domestic violence

Question 12

According to NRS 33.018, domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:

Answer 12

1. Battery
2. Assault
3. Coercion pursuant to NRS 207.190
4. Sexual assault
5. Knowing, purposeful, or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:
   a. Stalking pursuant to NRS 200.575
   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
6. False imprisonment
7. Pandering

Question 13

What relationships constitute battery, not battery domestic violence?

Answer 13

1. Current roommates
2. Siblings (related by blood or marriage, except those in custodial/guardianship relationship with each other)
3. Cousins (except those in a custodial/guardianship relationship with each other)

Question 14

What relationships constitute domestic violence?

Answer 14

1. Siblings or cousins in a custodial guardianship with each other
2. Related by blood or marriage (excluding siblings/cousins not in a custodial relationship)
3. Spouses, former spouses, have or had a dating relationship, the minor child of any of these persons
4. Have a child in common or the custodian/guardian of the minor child

Question 15

When receiving a 417 CFS, who checks the prior 60 days of events at the specified location involving the parties associated?

Answer 15

Communications

Question 16

Who does communications notify if a department employee is involved in a domestic disturbance?

Answer 16

The on-duty supervisor

Question 17

Are officers permitted to question children present during a domestic violence investigation?

Answer 17

Yes.

Officers should ask open ended questions.

Question 18

During a domestic violence investigation, officers will immediately contact their supervisors in cases when:

Answer 18

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

Question 19

If a mutual arrest for domestic battery is completed, how many reports will be completed?

Answer 19

One. Both parties will be listed as suspect and victim.

Question 20

When conducting a domestic violence investigation, SafeNest’s goal is to respond to a scene in 20 minutes or less. If a SafeNest advocate is unavailable or cannot respond within a timely manner, officers will:

Answer 20

1) Request verbal consent from the victim to provide their information to SafeNest for follow- up services.

2) Upon verbal consent from the victim, contact information will be relayed by Dispatch to the SafeNest Emergency Hotline at

a) If the officer contacts the SafeNest Emergency Hotline directly, the information must be updated in the computer-aided dispatch (CAD) event. Dispatch may also relay the victim’s information to the hotline, upon officer request.

3) Note victim’s verbal consent via CAD update.

4) Provide victims with a Victim’s Information Guide and a Domestic Violence Card.

5) Provide victims with information about obtaining an emergency protection order and about serving such order on the suspect prior to their release from custody

Question 21

In cases of mutual arrest for DV, the supervisor must ensure what?

Answer 21

Every attempt has been made to try and determine a primary physical aggressor and that probable cause exists for both arrests prior to giving approval for any mutual arrest.

Question 22

In cases meeting the Family Justice Center (FJC) call-out criteria, immediately notify FJC
detectives. Current criteria can be obtained through the Dispatch supervisor. For cases that do not meet the FJC call-out criteria, who does the supervisor notify?

Answer 22

The area command or on duty or on-call PD detective squad

Question 23

If the parties in a DV are believed to be a pimp and prostitute, who does the supervisor notify?

Answer 23

The VICE section

Question 24

The Family Justice Center (FJC) is a full-service facility for victims of domestic violence, sexual assault, and human trafficking. The FJC is comprised of one squad that serves as the investigative component for felony domestic violence cases excluding the following:

Answer 24

1. Domestic violence where the offense of coercion is the only felony crime.
2. Misdemeanor domestic violence that is coupled with a non-domestic violence felony crime such as burglary or grand larceny.
3. Domestic violence where the enhancement is based solely on the victim being pregnant.
4. For the charge of domestic violence with a prior felony conviction, the prior felony conviction must be a domestic violence offense.

Question 25

For felony battery DV, Photograph involved parties, property damage, other physical damage, and upload into OnBase or Evidence.com.
Who can be utilized to take these photos?

Answer 25

crime scene analyst (CSA), patrol service representative (PSR), or cadet.

Question 26

If there is no probable cause for the additional charge of a prohibited person in possession of a firearm pursuant to NRS 202.360, the firearm may be impounded as:

Answer 26

safekeeping

Question 27

In DV cases when a law enforcement employee of any agency is involved as a suspect or victim of domestic violence, officers will notify:

Answer 27

Their supervisor

Question 28

Who will notify FJC if a DV meets FJC callout criteria?

Answer 28

The supervisor