The domestic violence policy will meet. where applicable. The requirements set out in Senate Bill 356 1991. to become effective January 1, 1992. An offense report shall be made on domestic disturbance calls. arrests made per probable cause. and information provided to domestic violence victims.
DEFINITIONS:
A. Domestic Violence:
Any harmful physical contact or threat thereof. or destruction of property between associated individuals or formerly associated individuals. used as a method of coercion. control. revenge or punishment.
B. Associated Individuals and Formerly Associated Individuals:
1. Spouses, whether residing together or not;
2. Former spouses; whether residing together or not;
3. Persons who are involved in an ongoing, intimate relationship with each other, regardless of whether they currently live together or have done so in the past;
4. Persons who have in the past had an ongoing, intimate relationship with each other, regardless of whether they lived together or not;
5. Person, eighteen years of age or older who are blood or step-related to one another (e.g., father/daughter, step-son/step-father, brother/sister, etc.);
6. Persons living together or sharing a residence, whether or not they are involved in an intimate relationship.
C. Probable Cause:
Evidence facts. and circumstances or a reasonably trustworthy nature which would warrant a law enforcement officer to believe that a person has committed or is committing a criminal offense. The probable cause standard applied to domestic violence crimes is no different from the standard applied to all other crimes. When an officer has probable cause to believe that a crime is being committed or has been committed. the officer shall make an arrest in accordance with K.S.A. 22-2401.
K.S.A. 22-2401---ARREST BY LAW ENFORCEMENT OFFICER
A. The officer has a warrant commanding that the person be arrested.
B. The officer has probable cause to believe that a warrant for the person’s arrest has been issued in this state or in another jurisdiction for a felony committed therein.
C. The officer has probable cause to believe that the person is committing or has committed:
1. A felony; or
2. A misdemeanor, and the law enforcement officer has probable cause to believe that:
a. The person will not be apprehended or evidence of the crime will be irretrievably lost unless the person in immediately arrested;
b. The person may cause injury to self or others or damage to property unless immediately arrested; or
c. The person has intentionally inflicted bodily harm to another person.
d. Any crime, except a traffic infraction, has been or is being committed by the person in the officer’s view.
A. The dispatcher receiving a domestic violence call will follow the procedure outlined in the Marion County Sheriff’s Department Dispatcher Procedure Manual. The following questions should be asked the caller:
1. Location and telephone number for the emergency.
2. What has happened?
3. Who am I speaking to?
4. Are you the victim? If no, are you a witness?
5. Has anyone been injured? If yes, is an ambulance needed?
6. Is the suspect present? If not, a description of the suspect and expected whereabouts;
7. Are weapons involved? If yes, what kind?
8. Is the suspect under the influence of drugs or alcohol? If yes, what substance?
9. Are children present?
10. Have officers been to this address before?
11. Does the victim have a current protection or restraining order?
12. If the caller is the victim, if possible, stay on the line until the officer arrives.
B. Policy Regarding the Cancellation of a Call:
1. If the dispatcher receives a second call to cancel the original call , the dispatcher will still send the unit to the location to make sure the family is safe.
2. The dispatcher will advise the caller an officer will contact him/her.
3. Dispatcher should advise officers of callback to cancel call.
RESPONDING OFFICER’S PROCEDURES
A. The responding officer’s responsibility when he/she has arrived at the scene is to contact the victim(s) and insure they are safe and determine if medical assistance is necessary:
The officer shall make contact with the complaining party when the original call comes from the disturbance location and insures the officer’s assistance is not needed. In this event. The officer should alwavs talk to the complainant in private to insure they are free from coercion.
To develop the facts related to the domestic incident;
To determine if there is probable cause to show that a felony or misdemeanor crime has been committed;
To identify that person or persons who committed the crime;
To make an on scene arrest or. in the absence of the perpetrator to issue a pick up order;
To collect evidence. photograph injuries. and to take written statements from the victim and witnesses.
Inform the victim of available domestic violence programs and agencies which provide victim services by giving the victim a copy of the “Information for Victims of Domestic Violence” form. The agency’s name and case number are required on this form.
B. A standard offense report shall be completed on all domestic violence incidents. The report shall be mailed to the KBI.
C. Arrest:
If a victim of domestic violence accuses an associated individual or a formerly associated individual of a domestic violence-related offense. the suspect shall be arrested and booked (if suspect is present or can be immediately located) when the officer has probable cause to believe that a crime has been committed or is being committed and the officer also has probable cause to believe that:
1. The person will not be apprehended or evidence of the crime will be irretrievably lost unless the person is immediately arrested; OR
2. The person may cause injury to self or others or damage to property unless immediately arrested; OR
3. The person has intentionally inflicted bodily harm to another person; OR
4. Any crime, except a traffic infraction, has been or is being committed by the person in the officer’s view.
Such an arrest shall be made despite any inability or unwillingness of the victim to articulate the circumstances surrounding the incident and regardless of the victim’s stated desire for prosecution. The victim need not sign any complaint. The arresting officer shall be the complaining witness. Let the victim and suspect know you are signing the complaint to arrest the suspect. If an arrest is NOT made, an explanation of why such action was not taken shall be included in the reporting officer’s standard offense report. Inform the victim of available domestic violence programs and other agencies which provide victim services.
In many domestic violence cases involving two participants. BOTH will accuse the other of an act or acts of domestic violence. In these situations. it is up to the responding officer(s) to determine whether only one of the two is arrested or whether both persons are. Officers should refer to the section on probable cause to establish whether one of the parties can be labeled the “primary physical aggressor” who causes the other to commit “defensive combat” only or whether both participants instigated domestic violence. The accusations of each party (including instances in which there are more than two participants) should be evaluated independently. probable cause determined and appropriate action taken. No officer investigating an incident of domestic violence shall threaten. suggest, or otherwise indicate the arrest of any party for the purpose of discouraging requests for law enforcement intervention by any party.
Often, victims of domestic violence seek additional wavs to prevent reoccurrences of the violence. Officers should advise victims in this category to pursue a court order for protection from abuse. Victims can file these papers themselves at the office of the Clerk of the District Court during regular business hours. If assistance is desired, officers should-refer them to the appropriate person or agency. Personnel at these programs will help them through the process. step-by-step. if necessary.
To be valid. a court order issued under the authority of the Protection from Abuse Act CK.S.A. 60-31-1 through 60-3111) or a divorce action (K.S.A. 60-1607) must be signed by a judge and certified.
The Clerk of the District Court should send a valid order to the Sheriff’s Office to have on file.
A victim at the scene of a domestic dispute may present responding officers with a valid court order , or the victim may advise them that an order has been issued. but the victim has no copy of it (in this case. an officer shall immediately call the Sheriff’s Dispatcher at (316)382-2144 to verify that an order is on file and to have it read to the officer if it is). A copy of the Protective From Abuse Act or a restraining order shall be recorded in the dispatch warrants book for reference. In either case, the officer shall:
(A) Determine whether the person named in the order as the defendant has been served with a copy of the order by: 1) Asking him/her whether he/she has been. and/or 2) Calling the Sheriff’s/Police’s dispatch center.
(1) If the person has been previously served with a copy of the order and is, therefore, knowingly in violation of it, he/she shall be arrested for criminal trespass by the officer and turned over to the custody of the appropriate personnel for the booking process. The officer shall turn the information over to the prosecuting attorney.
(2) If prior service of the individual cannot be verified, the officer should make efforts to obtain personal service to have individuals served:
(B) Whether or not the suspect is arrested at the scene. he/she is subject to possible prosecution for criminal trespass under Kansas State Statute 21-3721. Therefore, the existence of such a court order and its violation require a report to be made.
Many times officers are called to a domestic dispute. and one or more of the persons involved demand that officers remove others from the premises. If the responding officers do not have probable cause to make an arrest and none of the parties have a valid court order in hand or on file in the sheriff’s dispatch warrant book, but if one of the parties does not have legal access to the household, the officer shall ask the person to vacate the premises and explain to all involved the procedure for getting a court order. A party may be arrested for Criminal Trespass if that party does not have legal access to the household and refuses to leave when asked to do so by the party having legal access to the property. In any event, a standard offense report should be made on the incident.
HOWEVER, if any party requests transportation to a safe haven, officers shall assist to the fullest extent possible.
The arrested party or parties will be charged through the Marion County Attorney’s Office and booked into the Marion County Jail.
Bond for misdemeanor charges shall be set at $1,000.00. The Sheriff’s booking officer will set the court appearance date.
Arrest reports shall be submitted within twenty-four hours to the County Attorney or, the Sheriff in the absence of the County Attorney. The arrest report shall include all information that will document the probable cause for the arrest. A probable cause hearing is required by statute within forty-eight (48) hours from the time of the arrest.
Offenses that may be chargeable in a domestic violence case are:
BATTERY -----------------------------------------------------------------------------------K.S.A. 21-3412
AGGRAVATED BATTERY --------------------------------------------------------------K.S.A 21-3414
ASSAULT -----------------------------------------------------------------------------------K.S.A. 21-3408
AGGRAVATED ASSAULT --------------------------------------------------------------K.S.A 21-3410
RAPE -----------------------------------------------------------------------------------------K.S.A. 21-3502
TERRORISTIC THREATS ---------------------------------------------------------------K.S.A. 21-3419
HARASSMENT BY TELEPHONE -----------------------------------------------------K.S.A. 21-4113
HOMICIDE ----------------------------------------------------------------------------------K.S.A. 21-3401
K.S.A. 21-3405a
CRIMINAL TRESPASS -------------------------------------------------------------------K.S.A. 21-3721
OBSTRUCTING LEGAL PROCESS ----------------------------------------------------K.S.A. 21-3808
INFORMATION FOR VICTIMS OF DOMESTIC VIOLENCE
Domestic Violence is a crime. All Domestic Violence cases are processed through the Marion County Attorney’s Office, and details of the crime may be made public. As the victim, you do not sign a complaint. The case is filed by the State. Once charges are filed, you cannot dismiss them. However. your input is important. The County Attorney’s Office can provide the following:
Information about the criminal Justice system.
Referrals to resources in the community.
Current status of the case as it progresses.
LOCAL RESOURCES:
S.O.S., Inc. (24 Hours) ---------------------------------------------------------------------1-800-825-1295
Domestic Violence Hotline (24 Hours) -------------------------------------------1-800-825-1295
Sexual Assault Hotline (24 Hours) ------------------------------------------------1-800-825-1295
Police Assistance -----------------------------------------------------------------------------------------911
Emergency Medical Assistance ------------------------------------------------------------------------911
Prairie View Mental Health – Marion ---------------------------------------------------(316) 382-3701
(24 Hours) -------------------------------------------------1-800-362-0180
Legal Aid – Marion County Calls Only
Each Friday from 9:00 a.m. to 10:30 a.m. ----------------------------------------(913) 233-2217
SRS ------------------------------------------------------------------------------------------(316) 382-2131
STATEWIDE RESOURCES:
Lawyer Referral ---------------------------------------------------------------------------1-800-432-3593
Child Abuse Hotline (24 Hours) --------------------------------------------------------1-800-922-5330
Crime Victim’s Information and Referral ---------------------------------------------1-800-828-9745
Elder Abuse Hotline (24 Hours) --------------------------------------------------------1-800-922-5330
Kansas MADD ----------------------------------------------------------------------------1-800-228-6233
Parents Anonymous ----------------------------------------------------------------------1-800-332-6378
Crime Victims Compensation Board was established to provide victims of violent crimes with compensation for loss of earnings and out-of-pocket loss for injuries sustained as a direct result of a violent crime. Out-of-pocket loss includes reasonable medical 9including mental health counseling) care or other services necessary as a result of the injury. Personal property loss is not covered. A crime victim may receive up to $25,000.00. Funeral expense compensations are limited to $2,000.00. The address for the Crime Victims Compensation Board is:
Crime Victims Compensation Board
Jayhawk Tower
700 Jackson, Suite 400
Topeka, KS 66603-3741
(913) 296-2359
As the victim of a crime in Kansas. you have certain rights. These rights are provided under K.S.A. 74-7333 and 74-7335. The Kansas Victims Bill of Rights is listed below.
In order to ensure the fair and compassionate treatment of victims of crime and to increase the effectiveness of the criminal justice system by affording victims of crime certain basic rights and considerations. victims of crime shall have the following rights:
1. Victims should be treated with courtesy, compassion, and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal .justice system.
2. Victims should receive, through formal and informal procedures, prompt and fair redress for the harm which they have suffered.
3. Information regarding the availability of criminal restitution, recovery of damages in a civil cause of action. the crime victim’s compensation fund and other remedies, and the mechanisms to obtain such remedies should be made available to victims.
4. Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress and ultimate disposition of the proceedings.
5. The views and concerns of the victims should be ascertained and be appropriate assistance provided throughout the criminal process.
6. When the personal interests of victims are affected. the views or concerns of the victim should, when appropriate and consistent with criminal law and procedure, be brought to the attention of the court.
7. Measures may be taken when necessary to provide for the safety of victims and their families and to protect them from intimidation and retaliation.
8. Enhanced training should be made available to sensitize criminal Justice personnel to the needs and concerns of victims and guidelines should be developed for this purpose.
9. Victims should be informed of the availability of health and social services and other relevant assistance that they might continue to receive the necessary medical, psychological. And social assistance through existing programs and services.
10. Victims should report the crime and cooperate with law enforcement authorities.
For further information about Victims Rights, please contact:
MARION COUNTY ATTORNEY’S OFFICE
Marion County Courthouse
P.O. Box 126
Marion, KS 66861
(316) 382-2243
You have a right not to be abused. Any person who hits, kicks, threatens. or places you in fear of harm either with or without a weapon, has broken the law. And you have the right to be protected. The Protection From Abuse Order (PFAO) may help you.
A PFAO is a court order telling your abuser not to abuse, threaten, molest, or disturb your peace. It can order your abuser to move out of the house and can also award child custody and support.
Any victim of domestic violence who needs protection from bodily injury or threats of bodily injury and meets the following guidelines can apply:
Is residing with or formerly resided with the abuser.
Has not filed two protection orders in the last twelve months.
The abuser has access to the home.
Is a resident of Marion County.
You can obtain a PFAO by contacting the Clerk of the District Court at·(316)382-2104. You do not need an attorney.