Bureau

Domestic Crimes

Reference Guide
For Use by Law Enforcement Personnel Only

Miami-Dade Police Department

7875 NW 12 Street, # 200 Miami, Florida 33126 (305) 418-7200

The Domestic Crimes Bureau (DCB) is responsible for investigating crimes of domestic violence as enumerated in FSS 741.28(2), involving statutorily defined family/household members [FSS 741.28(3)], crimes against children, the elderly, and disabled adults. DCB also investigates missing person cases. DCB is responsible for the immediate response and the investigation of any non-criminal or criminal incident related to any of the above crimes involving a Law Enforcement Officer (LEO) of any federal, state or local agency, or any MDPD employee.

Domestic Violence Cases

CRIMES INVESTIGATED BY DCB Domestic Violence Unit (DVU)

Assault & Aggravated Assault Battery & Aggravated Battery Stalking & Aggravated Stalking C  apital/Life Felonies (Burglary w/Assault or Battery, Kidnapping, False Imprisonment) P  roperty crimes only when there is at least one prior documented domestic related incident A  bductions where the parties have a DV relationship A  ny incident that is domestic related, including disputes, involving any LEO or MDPD employee to include dating relationships
CRIMES NOT INVESTIGATED BY DCB DVU

Homicide Robbery Sexual Battery Arson P  roperty Crimes where there is no prior reported DOMESTIC VIOLENCE
OFFICERS RESPONSIBILITIES ON THE SCENE

OFFICER SAFETY FIRST MUST write a report for all domestic related cases MUST document why no arrest was made MUST assist victim in obtaining medical treatment MUST issue the Domestic Violence Brochure & case number  MUST  refer the victim to the State Attorneys Office (SAO), if applicable MUST  describe and photograph injuries (dont circle injuries on photos) MUST offer the victim safe space shelter MUST take the victims statement MUST  complete a Domestic Violence Lethality Indicators Form on all misdemeanor assault, battery, harassing phone calls, and violation of injunction incidents that are accompanied by a death threat

D  etermine injuries and render first aid. Remember that injuries are not always immediately visible and internal injuries are always a possibility.  Separate all parties involved (including any witnesses). Keep the victim from being in the subjects line of sight. Conduct preliminary interview of victim(s) and witness(es). D  O NOT MIRANDIZE the subject, if DCB investigator is responding. Document any spontaneous statements.  PRESERVE THE SCENE. This includes the victim and clothing, if applicable. Do not move any evidence, if DCB investigator is responding. DONT give up scene if DCB investigator is responding.  Photograph weapons in their location prior to moving them if they need to be secured.  A uniformed officer must accompany a victim or subject transported to a hospital and remain with him/her, if DCB investigator is responding. Have statement forms completed.  Take photographs of injuries (victim and subject), to include full length photograph of each person for identification purposes. Label each photograph as required (see photographs).  If a LEO or MDPD employee is involved, contact DCB immediately. (Includes domestic related disputes and dating relationships).  Call the DCF abuse hotline, 1-866-532-2873 (toll free, for LEO only), if child(ren) present when act of violence committed. YOU MUST MAKE COPIES OF ENTIRE REPORT FOR  PREFILE CONFERENCE WHEN ARREST IS MADE.
IF NO ARREST IS MADE

FSS 741.29 states that if no arrest is made the officer must document why. The decision to arrest must be based upon probable cause and shall not require consent from the victim. No law enforcement officer shall be held liable for an arrest based on probable cause. If the subject is a juvenile, not on the scene, the victim cannot be referred to the SAO. A REFERRAL A-FORM must be completed if the following information is known: The subjects first and last name The subjects complete address at home, work or school The subjects complete date of birth

PHOTOGRAPHS

Each photograph must be properly documented by labeling it with the following information:  Name & badge number of the person taking the photograph (print & sign) Photographed partys name Date, time & location the photograph was taken Case number  Photographs are attached to the OIR, whether or not an arrest is made. CAUs are responsible for getting photographs to the SAO.  DONT MARK UP THE PHOTOGRAPH IN ANY WAY, I.E. CIRCLING INJURIES NOTE: Regardless of where the injury is, you must take a photograph of the victims face. This guarantees identity of victim.
WRITTEN STATEMENTS

Any incident that is investigated by DCB requires a MDPD Statement form. Get statements from victim(s) and witnesse(s)  Per the SAO, MUST use the MDPD Statement form in order for the statement to be admissible in court Ask the victim(s)/witness(es) to print if possible  READ the statement and make sure the report narrative reflects the events  Make sure the statement is properly signed and notarized by you. This may be the only statement obtained from the victim.

Domestic Violence terms

MUTUAL COMBATANTS This term only means that both parties were physically fighting with each other. A crime has occurred and the report must be titled appropriately.  If it cannot be determined who the primary aggressor is and both parties are alleging to be victims of a crime (i.e., battery, etc.), and probable cause for an arrest cannot be established, you are still required to complete an OIR.  Document the reason(s) as to why it cannot be determined who the primary aggressor is, thus resulting in no arrest.  You must make attempts, and document, as to what steps you took to identify the primary aggressor.

EXCITED UTTERANCE This describes your observations of the victims behavior, physical and emotional state and must be documented in your report. Key words to describe these observations would be: angry, crying, fearful, hysterical, irrational, nervous, screaming, threatening, etc. (SAO will file these cases more often). STALKING Stalking occurs when any person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. Aggravated Stalking occurs when any person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat with the intent to place that person in fear of death or bodily harm, or after an injunction for protection or any other court imposed order prohibiting contact knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. Repeatedly means a course of conduct or a pattern of conduct composed of a series of acts over a period of time, however short, evincing a continuity of purpose. INJUNCTIONS All provisions of an Injunction for Protection against Domestic Violence are civil in nature except for those acts which violate FSS 741.31(4)(a). An Injunction for Protection against Domestic Violence remains in effect until modified or dissolved by a judge. STAY-AWAY ORDERS An order issued by a judge, at the

time of arraignment, against a person charged with a violation of domestic violence. The order is valid only while the case remains open. Violation of a Stay-Away Order is an arrestable first-degree misdemeanor. You can contact the Warrants Bureau or request a records check for verification of the validity of a Stay-Away Order.
FOREIGN PROTECTION ORDERS Foreign Protection

Orders (includes any state of the United States, other than Florida; the District of Columbia; an Indian tribe; or a commonwealth, territory, or possession of the United States) should be accorded full faith and credit as if it were an order of a Florida court, regardless of in-state registration.

CHILD ABUSE, NEGLECT, EXPLOITATION CASES

CRIMES INVESTIGATED BY DCB/Child Exploitation Unit (CEU):

C  hild Abuse by a caregiver as defined in FSS 827.01 Child Neglect by a caregiver Child Exploitation by a caregiver
CRIMES NOT INVESTIGATED BY DCB/CEU:

A  buse, Neglect or Exploitation by non-caregiver (GIU) L  ewd and Lascivious Acts on a minor (SCB) Sexual Battery on a minor (SCB)
OFFICERS RESPONSIBILITIES ON THE SCENE

OFFICER SAFETY FIRST. Determine injuries and render first aid. Document and photograph all injuries.  A uniformed officer must accompany a victim or subject transported to a hospital and remain with him/her, if a CEU investigator is responding.  FSS 39.01(2) and 39.01(30)(a)4 should be referred to when determining whether an incident is corporal punishment or rises to the level of child abuse.  DO NOT MAKE AN ARREST for Child Abuse or Neglect. Detain until CEU investigator responds.  DO NOT MIRANDIZE or take statements from subject.  Document any spontaneous statements made by subject.  All LEO or MDPD employee involved incidents require notification to and response by DCB. This includes custodial disputes and corporal punishment incidents.  Call DCF abuse hotline, 1-866-532-2873 (toll free, for LEO only)

MISSING PERSON CASES

When to write a report on Missing Person Cases:

A  report will be prepared when a missing person adult has been determined to be:  Unable to care for self  Has a mental condition  Is suicidal, and/or is an apparent victim of foul play; e.g., extreme deviation from character or routine, victims vehicle found abandaoned, victims residence discovered ransacked.  If the criteria is met for a report, there is NO waiting period. A  report will not be prepared when: 1.  A warrant or pick-up order for violation of law has been issued. 2. The person is 18 years or older and has voluntarily left. 3.  The reporter is the landlord or employer of the person, unless strong suspicion of foul play exists. NOTE: All abductions or attempted abductions of a person under the age of 18 are investigated by DCB.
Child Cases

Interview person making report and confirm child is missing. Who last saw the child and when? Is there a custody order in place? What are the circumstances of disappearance?  Based on age and developmental stage, where and how far would child go?  Obtain all identifying information and complete physical description, including clothing.  Begin search for child, including those areas that family or friends have already searched.  If a witnessed abduction, provide detailed information on subject(s), vehicle, etc. and activate an AMBER ALERT (1-888-356-4774) PROTECT SCENE, if you have one.  Canine Unit should be contacted and A Child is Missing activated (1-888-875-2246), predicated on time frame.  Juveniles who run away from a secure detention or residential commitment facility are escapees. The escape scenario extends to lawful transportation to or from any such secure facility or residential commitment facility (FSS 985.3141).

Adult Cases

C  anine Unit should be contacted when dealing with an adult with a memory disorder, who is believed to be on foot. A Child is Missing should also be activated (1-888875-2246), predicated on time frame.  Always 24 the missing person to determine if an outstanding warrant exists. If so, then the individual is a fugitive and not missing.

ELDERLY, DISABLED ADULT ABUSE AND NEGLECT

OFFICER SAFETY FIRST. Determine injuries and render first aid. Preserve the scene.  Poverty does not constitute a crime and such persons may be in need of social services.  DO NOT MIRANDIZE the subject, if a DCB investigator is responding.  All LEO or MDPD employee involved incidents require notification to and response by DCB.  Call DCF abuse hotline, 1-866-532-2873 (toll free, for LEO only).  Contact the hotline especially in cases of self neglect.  Baker Acted Persons who escape from a facility require notification to and response from DCB investigator.

Domestic Crimes Bureau

DUTY HOURS

8:00 a.m. to 11:00 p.m., Monday through Friday. Detectives can be contacted via the radio or by calling the DCB at 305-418-7200.
ON-CALL

The on-call supervisor can be contacted via the Communications Bureau Shift Commander with the approval of a uniformed supervisor.

Miami-Dade Police Department

7875 NW 12 Street, # 200 Miami, Florida 33126
114_01-303 6/06