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 Law Enforcement Officers and Domestic Violence
As a law enforcement officer, you are a critical link in the survival of a victim of domestic violence. This section of the Peoples Law Library provides information on the key laws and resources. Material is drawn from the law enforcement arena and the community of domestic violence assistance providers. All law enforcement entities in Maryland also provide extensive training and guidelines on domestic violence.
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The Law on Domestic Violence
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Enforcement of Protective Orders
Regardless of which jurisdiction issued a protective order, a police officer responding to a situation MUST ENFORCE the terms and conditions of the orders as written.
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Making the Referral at the Scene
"Providing the victim with referral information at the scene of a domestic incident can be the most important action an officer can take to stop domestic violence."
Bobby Moody, IACP Past President
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What Action Should Police Officers Take?
Immediate Action:
- Ensure the safety of all involved
- Seek medical attention, if necessary
- Safeguard the victim from further abuse
- Secure and protect the crime scene
- Seek voluntary surrender of firearms for safekeeping purposes
- Seize firearms subject to State, territorial, local, or tribal prohibitions
- Identify whether an order of protection has been violated
- Evaluate the validity and enforceability of the order
- Arrest for violation of the order where required by enforcing jurisdiction
- Arrest for any other criminal offenses
- Seek an arrest warrant, when required, related to the criminal conduct if the abuser is not at the scene
- Attempt to locate and arrest the abuser.
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Tips for Assessing Lethality
Factors to consider in determining potential*:
- Threats of homicide/suicide
- History of domestic violence and other criminal conduct
- Stalking
- Depression or other mental illness
- Obsessive attachment to victim
- Separation of parties
- Drug or alcohol involvement
- Possession or access to weapons
- Abuse of pets
- Destruction of victim's property
- Access to victim and victim's family and other supporters
*These factors can be helpful in many cases but are not guaranteed predictors of future violence.
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| Source: Protecting Victims of Domestic Violence - A Law Enforcement Officer's Guide to Enforcing Orders of Protection Nationwide by the IACP and Attorney General as updated by Maryland Legal Assistance Network. The International Association of Chiefs of Police produces an excellent pamphlet from which some of this information was drawn. See the website (www.theiacp.org) for the pamphlet and additional resources. |
Last Date Reviewed (no legal content)
6/13/03 (MLAN/AC)
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advice? This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice,
you should consult an attorney. See our section on Finding Legal Help.
About this website.
The Maryland State Law
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Judiciary,
sponsors this site. The website was developed
(1999-2007) as part of an access to justice initiative
by the
Maryland Legal Assistance Network
(MLAN) in collaboration with a number of legal
services providers serving low and moderate income
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to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source:
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© Maryland State Law Library, 2007.”
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