Lakewood Police Department Policy and Procedure		Effective Date: 01/31/2024
	Policy Number: PP-4231 - Protection Orders

A. Policy

The Lakewood Police Department views all complaints that a protection order has been violated as instances of potentially criminal conduct.  When there is probable cause to enforce a protection order, custodial arrest and the filing of criminal charges is required.  For the purposes of this policy, the definition of protection order found in the Colorado Criminal Code shall apply.  

B. Procedure 

1.  The suspect must be jailed or released on bond when probable cause exists to believe that the suspect has violated a protection order and that he had notice of the existence and substance of the order.  If an immediate arrest is not possible, the case will be forwarded to the Investigations Division for appropriate follow-up.  

2. If, after investigation, the patrol agent or detective determines that probable cause does not exist to enforce the protection order, the agent or detective must notify the protected party that no enforcement action will be taken and the reasons for such a decision.  Notification of the protected party is the responsibility of the police agent who determines that probable cause is lacking.  Such notification should be documented in the incident report.  

3.  When a restrained party is arrested for violation of a protection order, the arresting agent shall make a reasonable effort to contact the protected party upon the arrest of the restrained person.  Such effort will be documented in the incident or custody report along with complete copies of the protection orders.  

4.  When no crime has been committed and arrest would therefore be unlawful, an agent having reasonable grounds to believe that domestic violence may be imminent shall exercise appropriate alternatives to arrest, to attempt to defuse, or reduce the volatility of the situation.  Appropriate alternatives may be: 

a. Lodging at a detoxification center.  

b. Lodging at a Crisis shelter.  

c. Mutually agreeable separation.

5. In all protection order cases, police agents are authorized to use every reasonable means to protect victims and victims' children from further violence.  The victim's children may be transported to a shelter regardless of the terms of a custody order and regardless of the other parent's objections.  

6. The decision to seek criminal prosecution shall not be based upon considerations such as financial consequences, verbal assurances that the violence will cease, the protected party's reluctance to cooperate, or speculation that the victim instigated or contributed to the incident.  The responsibility shall be to determine whether a crime has been committed and take appropriate enforcement action based upon probable cause.  The victim shall be listed as a witness, requiring personal service of a Notice To Appear.  

7. If the protection order has not been personally served, the police agent responding to the call shall serve a copy of said order on the restrained party if the subject is present.  If police agents are able to serve the order, they shall write an incident report, which documents that the order was served, and give the CR number to the victim.