0825.10 Members as Victims or Suspects of Domestic Violence
Refer:
• Title 18 § 922 Crimes and Criminal Procedure; Unlawful Acts
• Title 18 § 925(a) (1) Crimes and Criminal Procedure; Exceptions: Relief From Disabilities
• ORS 107.705 Other Family and Household Relationships Defined
• ORS 133.055(2a) Mandatory Arrest for Domestic Violence
• ORS 135.230(3) Domestic Violence Relationships Applied to Conditional Release Restrictions
• ORS 135.260(2) Prohibit Contact of Victim on Conditional Release or Domestic Violence
• DIR 0335.00, Discipline Process
• DIR 0333.00, Criminal Investigation of Police Bureau Employees and Other Law Enforcement Agency Sworn Employees
• DIR 0825.00, Protection Orders and Domestic Violence Cases
Definitions:
• Domestic Violence: The occurrence of one or more of the following acts between family or household members: 1) attempting to cause or intentionally, knowingly or recklessly causing bodily injury; 2) intentionally, knowingly or recklessly placing another in fear of imminent bodily injury; or 3) causing another to engage in involuntary sexual relations by force or threat of force.
• Family or Household Members: Spouses; former spouses; adult persons related by blood, marriage, or adoption; persons who are cohabiting or who have cohabited with each other; persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing by one of them of a petition to circuit court for relief; unmarried parents of a child.
• Intimate Partner: With respect to a person, the person’s spouse or former spouse, a parent of the person’s child or another person who has cohabited or is cohabiting with the person in a relationship akin to a spouse.
• Menacing: A person who, by word or conduct, intentionally attempts to place another person in fear of imminent serious physical injury.
• Petitioner: For the purposes of this directive, a person requesting a protection order within the specified time frame of the order sought, who A) has been abused, stalked, or assaulted by a family or household member, or an intimate partner; B) is at imminent risk of physical injury; or C) reasonably believes that another individual (the potential respondent) is at imminent risk of suicide or causing physical injury to another person. This also may include a law enforcement officer who reasonably believes that another individual is at imminent risk of causing physical injury to themselves or another person.
• Protection Order: Any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing the following: 1) violent or threatening acts or harassment against another person; 2) sexual violence against another person; or 3) contact or communication with or physical proximity to another person. This includes any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as an order put into effect while litigation is pending in another proceeding, so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. This also includes orders for the purpose of preventing suicide when an imminent risk exists.
• Respondent: A person named in a protection order who has been prohibited, or who a petitioner is seeking to prohibit, by judicial order, from contacting or engaging in certain activities that involve the petitioner.
Policy:
1. This policy establishes the Bureau’s response to domestic violence incidents involving members or other sworn law enforcement officers as either victims or perpetrators.
2. Domestic violence is extremely serious and has long lasting consequences for victims. Members are not immune from becoming involved in domestic violence as either perpetrators or victims.
3. Law enforcement has a unique and important role in the community, because of this it is essential that all accusations of domestic violence against members and other law enforcement officers are taken seriously and investigated thoroughly.
Procedure:
1. Members as Victims of Domestic Violence.
1.1. Member Responsibilities:
1.1.1. If a member learns, during the course of an investigation, that a Bureau member is a victim of domestic violence they will notify their immediate supervisor as soon as feasible.
1.1.2. Members will refer to Directive 0825.00 Protection Orders and Domestic Violence Cases for all procedures regarding the investigation of domestic violence incidents.
1.2. Supervisor Responsibilities:
1.2.1. Supervisors will respond to the scene of any domestic violence incident involving a member if feasible.
1.2.2. Supervisors will notify the Special Victims Unit (SVU) as soon as feasible.
1.3. Special Victims Unit Responsibilities:
1.3.1. Upon notification SVU will assume responsibility for any investigation in Bureau jurisdiction where a member is a victim of domestic violence.
1.4. Resources and Accommodations:
1.4.1. Members will have access to Domestic Violence Advocates through the Family Services Unit (FSU).
1.4.2. Members may request support including reassignment, or duty modifications through the Employee Assistance Program (EAP).
2. Members as Suspects of Domestic Violence.
2.1. Member Responsibilities:
2.1.1. If a member learns, during the course of an investigation, that a Bureau member, or another sworn law enforcement officer is the suspect in a domestic violence incident they will notify their immediate supervisor as soon as feasible.
2.1.2. Members will refer to Directive 0825.00, Protection Orders and Domestic Violence Cases, for all procedures regarding the investigation of domestic violence incidents.
2.1.3. Any member who reasonably suspects a member, including themselves, of committing an act of domestic violence will follow procedures set for in Directive 0333.00, Criminal Investigations of Police Bureau Employees and Other Law Enforcement Agency Sworn Employees.
2.1.4. If a member is arrested or served with a Protective Order, they will notify their supervisor as soon as feasible and not return to work until directed.
2.2. Supervisor Responsibilities:
2.2.1. Supervisors will respond to the scene of any domestic violence where a member or other sworn law enforcement officer is the suspect if feasible.
2.2.2. Supervisors will notify SVU, as well as the Assistant Chief of Investigations.
2.3. Special Victims Unit Responsibilities:
2.3.1. Upon notification SVU will assume responsibility for any domestic violence investigation in the Bureau’s jurisdiction in which the suspect is a member, or other sworn law enforcement officer.
2.3.2. If the incident took place outside of the Bureau’s jurisdiction SVU will offer to share information or provide other assistance to the investigating agency.
2.3.3. Offer the services of a Domestic Violence Advocate to the victim.
2.4. Assistant Chief of Investigations Responsibilities:
2.4.1. If a member is arrested, the Assistant Chief or their designee will immediately seize all Bureau issued firearms and ammunition.
2.4.2. Notify the Internal Affairs Captain.
3. Protection Orders.
3.1. Members Subject to Protection Orders:
3.1.1. Members who are served, or are otherwise subject to a protective order, will notify their supervisor as soon as feasible.
3.1.2. Per Directive 0315.00 Laws, Rules, and Orders, members will comply with all requirements of any protective order.
3.1.3. If a member is subject to a valid protection order, the Chief of Police or a designee will review the protective order, as well as any restrictions provided for in the protective order, to determine whether to place the member on administrative leave or temporarily reassign the member pending the outcome of any related IA investigation.
3.1.3.1. If the order is modified, vacated, or otherwise withdrawn prior to the conclusion of any related IA investigation, the Chief or designee shall consult with IA to determine if the member will remain on administrative leave or temporary reassignment based on the available facts or findings of the IA investigation.
• Effective: 3/20/2025
• Next Review: 3/20/2027