7-314 - Domestic Abuse

The purpose of this policy is to establish departmental protocol and procedures for responding to and processing information regarding domestic violence in accordance with Minnesota State Statutes.

Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.

Dangerous Weapon: Any gun, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.

Domestic Abuse: Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, terroristic threats, criminal sexual conduct, or interference with an emergency call, when committed between family or household members.

Domestic Abuse No Contact Order: An order issued by a judge in a pending criminal case or during the probationary period following a conviction, prohibiting a defendant from having contact with a victim or their address. The Offense code to use for a violation of a Domestic Abuse No Contact Order is VDNCO.

Domestic Assault in the 1st Degree: Assaulting another and inflicting great bodily harm. The Offense code to use is DASLT1.

Domestic Assault in the 2nd Degree: Assaulting another with a dangerous weapon. The Offense code to use is DASLT2.

Domestic Assault in the 3rd Degree: Assaulting another and inflicting substantial bodily harm. The Offense code to use is DASLT3.

Domestic Assault in the 5th Degree: Assaulting a family or household member by (1) committing an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another. The Offense code to use is DASLT5.

Domestic Assault by Strangulation: Intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of a family or household member. The Offense code to use is DASTR.

Family and Household Members: Spouses, former spouses, parents and children, persons related by blood (1st cousins or closer), and persons who are presently residing together or who have resided together in the past, and persons who have a child or are currently expecting a child in common regardless of whether they have been married or have lived together at any time, a man and a women if the women 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, and a person involved in a significant romantic or sexual relationship.

Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of function of any bodily member or organ or other serious bodily harm.

Harassment/Restraining Order: Violating any term of a Harassment/Restraining Order issued by a judge or referee. The Offense code to use for a violation of a Restraining Order is RORDER.

Interference with Emergency Call: Intentionally interrupts, disrupts, impedes, or interferes with an emergency call or who intentionally prevents or hinders another from placing an emergency call. The CAPRS code to use for Interference with Emergency Call is 911INT.

PC Felony Enhanced List: The Minneapolis City Attorney’s Office maintains a list of all defendants whom they know to be chargeable with a felony for assault, domestic assault or violation of an Order for Protection, violation of a Harassment/Restraining Order or violation of a Domestic Abuse No Contact Order. The list is on MPD’s internal CityTalk page and in a physical book at the jail. The Offense code to use for an enhanced domestic assault is DOMEN, for an enhanced 5th Degree assault is ASLTEN, and for an enhanced violation of an Order for Protection, Restraining Order or Domestic Abuse No Contact Order is OFPEN.

Primary Aggressor: The following criteria shall be considered as a guideline when attempting to determine the primary aggressor:

• Whether one person in the dispute was acting in self-defense;
• Whether a violation of an Order for Protection or a Violation of a Domestic Abuse No Contact Order has occurred;
• The extent of injuries, if any, to any person involved;
• Who initiated the first act of physical violence;
• The existence of a fear of physical injury, because threats were made;
• The history of physical violence perpetuated by one party against the other; and
• The physical stature or physical ability of the persons involved.

Risk Assessment: A series of questions officers ask a victim, pertaining to domestic violence history and the potential threat of future violence.

Significant Relationship: MN Statute section 518B.01 Subd. 2 states the following when deciding if a “significant” relationship exists, “In determining whether persons are or have been involved in a significant romantic or sexual relationship the court shall consider the length of time of the relationship; type of relationship; frequency of interaction between the parties; and, if the relationship has terminated, length of time since the termination.

Substantial Bodily Harm: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

Violation of an Order for Protection: Violating any term of an Order for Protection issued by a judge or referee. The Offense code for violation of an Order for Protection is POVIOL.

It is the policy of the Minneapolis Police Department to:

1. Thoroughly investigate all allegations of domestic violence, make appropriate referrals, and take action according to the totality of the information known.
2. Aggressively utilize the arrest powers granted by the State Legislature. Criminal laws will be enforced without regard to the relationship of the parties involved.
3. Discourage dual arrests in Domestic Abuse situations, in accordance with MN Statute section 629.342.

Domestic Abuse- Preliminary Investigation

1. In the event a domestic 911 call is cancelled officers shall respond to the location and check welfare.
2. Officers shall attempt to determine the Primary Aggressor in a domestic assault.
3. Arrests for domestic abuse, based on probable cause, are expected if any of the following circumstances exist:

• Signs of injury or impairment;
• Dangerous weapon involved;
• Alleged assault- no signs of injury;
• Victim alleges actions by the suspect that were intended to put the victim in fear of immediate bodily harm;
• Terroristic threats (refer to MN Statute section 609.713 Subd.1);
• Criminal sexual conduct (refer to MN Statute sections 609.342, 609.343, 609.344, 609.345).

4. A police officer may arrest a person without a warrant, even in the person’s own residence, if the officer has probable cause to believe that in the preceding 72 hours a domestic assault occurred.

1. The 72 hour time period begins at 0001 hours the day after the incident occurred.
2. Officers must have an independent reason to enter the suspect’s residence, such as exigent circumstances or consent. MN Statute section 629.341 does not provide independent authorization to enter a suspect’s residence.
3. An officer may make an arrest for a misdemeanor domestic assault even if the assault did not occur in their presence.

5. An officer may not issue a citation in lieu of arrest and detention for a defendant charged with harassment, domestic abuse, violation of an Order for Protection, or violation of a Domestic Abuse No Contact Order. See MN Statute section 629.72, Subd. 1(a).
6. Officers shall follow the MPD’s Domestic Abuse Incident Response Protocol (see below) when responding to all domestic abuse related calls.
7. Officers shall check the PC Felony Enhanced List on all domestic calls including cases where the suspect is gone on arrival (GOA). Failure to do so will result in a notification to the officer’s commander.

Domestic Abuse- MPD’s Domestic Abuse Incident Response Protocol

1. The Minneapolis Police Department has adopted the following protocol for patrol officers responding to adult arrest and suspect cases for the following offenses:

• Felony 1st degree assault, if the parties are family or household members;
• Felony 2nd degree assault, if the parties are family or household members;
• Felony 3rd degree assault, if the parties are family or household members;
• Felony domestic assault by strangulation;
• Felony terroristic threats, if the parties are family or household members;
• Misdemeanor, gross misdemeanor or felony domestic assault;
• Misdemeanor, gross misdemeanor or felony violation of an Order for Protection;
• Misdemeanor, gross misdemeanor or felony violation of a Domestic Abuse No Contact Order;
• Misdemeanor, gross misdemeanor or felony violation of a Harassment/Restraining Order, if the parties listed in the order are family or household members;
• Gross misdemeanor or felony stalking, if the parties are family or household members; and
• Gross misdemeanor interference with an emergency call.

2. As part of this protocol, patrol officers shall complete the following preliminary investigative tasks when responding to any calls as described above:

1. Check for existence of Order for Protection, Harassment/Restraining Order or Domestic Abuse No Contact Order on every domestic related 911 call.
2. Ask victim if suspect or arrestee has access to any guns or ammunition or if there are any in the home.

1. If victim indicates yes, ask if victim has any safety concerns. Document responses in the Police Report.
2. If the victim has safety concerns, officers may property inventory the guns and ammunition for safe keeping.

3. Obtain a signed medical release with shaded areas completed from victim if victim is seeking medical treatment. Scan the release and attach it to the Police Report. Send the hard copy to the City Attorney’s Office.
4. Ask victim to complete domestic violence victim’s supplement. Property inventory supplement on completion. Scan the release and attach it to the Police Report. Send the hard copy to the City Attorney’s Office.
5. Take photographs. Examples of things to photograph include, but are not limited to: the arrestee; victim; injuries; scene, including any damaged property; and the arrestee in an Order for Protection or Domestic Abuse No Contact Order case at a prohibited address.
6. Collect any physical evidence and property inventory it.
7. Obtain contact information from witnesses to the incident including name, address, and phone number.
8. Question witnesses regarding the incident.
9. If suspect is gone on arrival, remind victim to call police if suspect returns within 72 hours of the incident.
10. If the case is misdemeanor or gross misdemeanor level, check the PC Enhanced Felony. Follow the instructions pertaining to the arrested party or suspect if they are on the list and add the additional charge listed.
11. If the case is misdemeanor or gross misdemeanor level, obtain a squad video Mirandized Scales statement from suspect or arrestee. Document results of the interview in the Police Report. (Miranda statements Do Not need to be taken on felony level cases).

3. Language access

Officers shall provide language assistance when needed, in accordance with the Limited English Proficiency (LEP) policy (P&P 7-1001) and the Communicating with Deaf or Hard of Hearing Individuals policy (P&P 7-1002).

Victim Advocacy Services

1. Officers on scene shall inform the victim of domestic violence resources on the Victim Assistance Card (Blue Card), in accordance with P&P 4-608.
2. While on scene, officers shall offer the advocacy services of Cornerstone to victims of intimate partner violence and domestic abuse against other family or household members.

1. Officers shall inform the victim that they will likely be contacted by victim witness staff the following week during business hours, to discuss the case and provide resource referrals.

1. If a victim indicates they would like to speak with an advocate right away, officers shall call the Cornerstone hotline (612-255-9740) from the victim’s phone, identify they are calling from MPD, and hand the phone back to the victim. Officers do not need to remain on scene while victim speaks with the advocate.
2. If a victim has serious safety concerns and does not have a cell or house phone to call Cornerstone, officers shall use their city-issued phone to call the hotline (612-255-9740) so that the victim may speak to an advocate.

1.    The officer should identify themselves to Cornerstone and indicate the victim is speaking on the officer’s phone.
2.    Cornerstone has been instructed to limit phone calls when an officer’s phone is used and only provide the most urgent of resources.

2. If a victim declines to speak with a Cornerstone advocate, officers shall highlight the Cornerstone number on the Blue Card in case victim decides services are needed later.
3. Officer shall document in the Police Report whether a phone call was placed on scene or if victim declined services.

Arrests for Violation of Domestic Abuse No Contact Order

1. Officers shall verify the existence of the Domestic Abuse No Contact Order.

2. If the suspect or the victim does not have a valid copy of the Domestic Abuse No Contact Order, the existence of the court order may be verified by contacting the Hennepin County Jail Records Unit 612-596-8080.
3. If no telephone is available to the officer, the officer may ask the MECC (Channel 7) for assistance.
4. Domestic Abuse No Contact Orders are stored in the same database as Orders for Protection, and can be verified by following the procedures described in the Order for Protection section in this policy [F].
5. If an officer determines an individual is in violation of a Domestic Abuse No Contact Order, an arrest shall be made.
6. Officers shall complete a Police Report and supplement entitled “Violation of a Domestic Abuse No Contact Order” (VDNCO). Include the Hennepin County Jail SILs number (HCJ's computer ID# of the arrestee) and the original charge which the arrestee had been previously booked on and released.

Domestic Abuse and Domestic Violence- Reporting Requirements

1. In all cases of domestic violence or alleged acts of domestic abuse, a Police Report and supplement shall be completed immediately.
2. If no arrest is made, the supplement shall clearly show sufficient reasons for not making the arrest.

Order for Protection- Short Form Notification

Order for Protection service

An Order for Protection (OFP) that has not been served cannot be enforced.

1. MN Statute section 518B.01 Subd. 8a allows any law enforcement officer in Minnesota to effect instant service of process through the Order for Protection Short Form Notification.

2. Regardless of the OFP status, the officer may arrest an individual for other offenses if probable cause exists.
3. The Minnesota Department of Public Safety maintains a CJIS “Hot File” database in conjunction with the FBI “Hot File” database to access Orders for Protection information.

1. These files are queried every time an officer queries the wanted person files.

2. At the top of these “hits,” there is a data field indicating if the Order has been served or not.

Hits on unserved OFPs

If an officer encounters a person and receives a “hit” on an unserved OFP through a CJIS Hot File query, the officer shall use the following procedures to verify the hit and serve the respondent by Short Form Notification:

1. Verify that information on the “hit” matches the information on the person’s driver’s license or state-issued ID card, or from appropriate databases (such as DVS).

2. If the information matches, the officer shall ask the Channel 7 dispatcher to perform a “hit confirmation” with the agency of origin (usually a county sheriff’s office). The originator of the message will be identified in the “hit.”
3. After determining that the person the officer has contacted is the same person described in the “hit” the “Order for Protection Short Form Notification” shall be completed by the police officer.

Completing the Order for Protection Short Form Notification

1. The information that the officer needs to provide on the form may be available from the person’s driver’s license or appropriate database (such as DVS) and the CJIS “hit.”

2. There is a data field on the form for the respondent to sign and date for receipt of the form.

1. The respondent does have the right to refuse to sign the form.
2. If the respondent refuses to sign the officer shall check the box marked “Respondent refused to sign acknowledgement.”

3. The officer must fill in both respondent sections on page one and on the “Certificate of Service.”
4. Copies of the form should be ordered from Police Stores by each Precinct or unit. The forms come from the state, in sets of three copies (one for court, one for the respondent and one for the officer). An example copy of the form can be found on the MPD’s internal CityTalk page under Forms (but cannot be used for distribution).

Submitting the form and providing copies

1. The officer shall give the Respondent Copy of the form to the respondent regardless of whether they signed it or not.

2. The officer shall advise the respondent to go to the originating agency to obtain a full copy of the Order for Protection.
3. The officer shall scan and email the Order for Protection – Short Form to police.ofp.shortform@minneapolismn.gov.
4. The Domestic Assault unit or other designated person shall E-file the OFP-Short Form with Court.

Procedures with respondent and petitioner after completing the form

1. The officer shall inform the respondent that the Order for Protection is now enforceable.
2. If the Petitioner is with the Respondent at the time of service, the officer shall ensure the Petitioner goes to a safe place (separate from Respondent).

Documenting the OFP service

1. After serving an OFP, officers shall note in the comments of the call that an OFP was served.

2. If a report is made, officers shall include the offense code OFPSF when serving an OFP. If a routing screen is displayed, HDASLT should be selected.