Lakewood Police Department Policy and Procedure		Effective Date: 01/31/2024
	Policy Number: PP-4230 - Domestic Violence

A. Policy

The Lakewood Police Department views all domestic violence complaints as instances of potentially criminal conduct.  When probable cause indicates that a crime has been committed which involves domestic violence, custodial arrest and filing of criminal charges is required.  For the purposes of this policy, the definition of domestic violence found in the Colorado Criminal Code shall apply. 

B. Procedure 

1. 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.  

2. When there is probable cause to believe that a crime involving domestic violence has been committed, the suspect shall be arrested and must be jailed or released on bond. If an immediate arrest would be impractical under the circumstances, the case will be forwarded to the Investigations Division for appropriate follow-up.  

3. In all domestic violence 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 objection. 

4. The case filing or summons and complaint shall be clearly identified as a domestic violence case by the reporting agent.  

5. The decision to seek criminal prosecution shall not be based upon considerations such as the victim's reluctance to cooperate, financial consequences, verbal assurances that the violence will cease, 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 subpoena.  

6. Agents shall be responsible for preparation of reports and for preservation of evidence including:  photographs of injury to persons and damage or disarray of scenes.  Where victims seek medical attention, releases for medical records shall be obtained.  

7. Reports of domestic violence shall be reviewed by the victim assistance supervisor for follow up.  After review of the report, follow-up may consist of personal or telephone contacts.  Appropriate community assistance referrals shall be made if necessary.  

8. The victim assistance supervisor and advocates shall be available to respond in serious trauma cases, such as severe emotional or physical injuries, or at the discretion of a supervisor.  

9. State law requires that medical personnel report physical injury resulting from domestic violence, which has been brought to their attention, to the law enforcement jurisdiction in which the medical facility is located.  This is regardless of location of occurrence.  Agents shall document crimes which have occurred in another jurisdiction on an incident report.  The Investigation Division is responsible for assuring that a copy of the incident report is forwarded to the appropriate law enforcement agency.  If an immediate protection issue exists or if immediate follow-up is required, the agent will personally notify the concerned agency.