Arrest Criteria

• Responding to a domestic disturbance call
• Have PC to believe:
• An assault has occurred between family or household members OR
• A family or household member has placed another in fear of imminent serious physical injury
• Some of the crimes constituting domestic violence
• Assault 4, Assault 3, Assault 2, Assault 1
• Strangulation
• Harassment
• Coercion
• Menacing
• Interference with making a report
• Sexual abuse 3, Sexual abuse 2, Sexual abuse 1

Law Enforcement Action

• Arrest & take into custody the alleged or potential assailant
• Make every effort to determine the assailant by considering:
• The comparative extent of the inflicted injuries or the seriousness of the threats creating a fear of physical injury
• If reasonably ascertainable, the history of domestic violence between the people involved
• Whether any allege crime was committed in self defence
• The potential of future assaults
• Conduct a lethality screening
• There is no requirement to arrest both parties
• Whenever there's reason to believe that a family or household member, has been abused or that an elderly person or a person with a disability has been abused:
• Use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community
• Give each person immediate notice of the legal rights and remedies available.
• The notice will consist of handing each person a copy of the statement in 133.055(3)

Relevant Statutes

• ORS 133.055(2) & (3) (Criminal Citation)

Arrest and take into custody a person when:

1. There's probable cause to believe that any of the following orders exist:
• Stalking protective order (30.866, 163.738)
• Family Abuse Prevention Act Restraining order (107.718)
• Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order (124.010)
• Sexual Abuse Protective Order (163.765)
• Emergency Protective Order (133.035)
2. A true copy of the order and proof of service on the person has been filed as required in
• 107.720 (Enforcement of restraining orders)
• 124.030 (Proof of service of restraining order to be delivered to sheriff)
• 133.035 (Ex parte emergency protective orders)
• 163.741 (Service of stalking protective order)
• 163.773 (Enforcement of restraining order) or
• 419B.845 (Restraining order when child abuse alleged) AND
3. The person to be arrested has violated the terms of that order.

Relevant Statutes

• 133.310(3) (Authority of peace officer to arrest without warrant)

Arrest and take into custody a person without a warrant if:

1. Somone protected by a foreign restraining order:
• presents a copy of the order to the officer AND
• represents that the order is the most recent order in effect between the parties AND
• the person restrained by the order has been personally served with a copy of the order or has actual notice of the order; and
2. Have probable cause to believe the person to be arrested has violated the terms of the foreign restraining order.

Arrest and take into custody a person without a warrant if:

1. The person protected by a foreign restraining order has filed a copy of the order with a court or has been identified as a party protected by a foreign restraining order entered in the LEDS or in NCIC databases AND
2. Have probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.

Relevant Statutes

• 133.310(4) & (5) (Authority of peace officer to arrest without warrant)

A peace officer wiil arrest and take into custody a person if the officer has probable cause to believe the subject has been charged with an offense and is presently released as to that charge and the subject has failed to comply with a no contact condition of the release agreement - 133.310(6)

Definition

• A no contact order protects the victim a of crime from the suspect. They are common when a suspect is charged with a sex crime or a crime constituting domestic violence (135.247)
• Typicall stipulates that the suspect may not contact the victim by any mechanism including a third party.
• The order applies at any time during which the suspect is held in custody on the charge remains valid until the subject is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime (135.247(3))
• The order may also be quashed by the court if a victim petitions the court and the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community (135.247(4))

Law Enforcement Action

• Develop probable cause for the violation
• Verify the no contact order is in force
• LERMS - Under protective orders
• DCAJ - May have more up to date information than LERMS
• On call DA - Can give most accurate information
• Commonly charged under 33.065 (Contempt of court)
• Attach a copy of the no-contact order to the case report

When arresting a subject under a warrant, show the warrant to the subject, unless encountering physical resistance, flight or other factors rendering this procedure impracticable, in which case inform the arrested person and show them the warrant as soon as practicable. 33.235(3) (Arrest by peace officer)

Law Enforcement Action

• Detain the suspect
• Confirm warrant validity
• For an in-county warrant
• If jail will take subject:
• Arrest subject
• Have a copy of the warrant printed at the jail to attach to arrest sheet
• Jail will not take subject
• Get new court date
• Cite and release with the new court date
• For an extraditable out of county warrant
• If the issuing entity wishes to cite and release
• Get new court date
• Cite and release with the new court date
• If the issuing entity will transport the subject
• If the jail will take the subject
• Arrest subject
• Have a copy of the warrant printed at the jail to attach to arrest sheet
• if the jail will not take the subject
• Get new court date
• Cite and release with new court date
• If the issuing will not transport and will not give a new court date
• release subject