GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: GENERAL OPERATIONS
TITLE: DOMESTIC VIOLENCE
EFFECTIVE DATE: AUGUST 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF SCOTT BONNER
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DOMESTIC VIOLENCE
311.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of the Lincoln Police Department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence.
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311.1.1 DEFINITIONS
Definitions related to this policy include:
COURT ORDER - All forms of orders related to domestic violence, that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. The term includes any order issued pursuant to the Protection from Abuse Act (Ala. Code § 30-5-1 et seq.).
DATING RELATIONSHIP - A current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party; Code of Alabama §13A-6-130 through 132, §13A-6-138, and §30-5-2(3).
DOMESTIC INCIDENT - An incident where an allegation of domestic violence occurs, but the responding law enforcement officers cannot establish probable cause that a crime has occurred, or an arrest made.
DOMESTIC VIOLENCE - Any offense listed in Ala. Code § 13A-6-130, Ala. Code § 13A-6-131, Ala. Code § 13A-6-132, and Ala. Code § 13A-6-138 when committed against an individual by another person who:
(a) Is related to the individual by marriage, including common law marriage.
(b) Was formerly married to the individual, including a common law marriage.
(c) Has a child in common with the individual, regardless of marital status or whether the person and individual reside or have resided together in the same household.
(d) Has or had a dating relationship with the individual.
(e) Is a current household member (of an intimate or romantic nature) of the individual.
(f) Is a parent, stepparent, child, or stepchild of the individual.
(g) Is a grandparent, step-grandparent, grandchild, or step-grandchild of the individual.
HOUSEHOLD MEMBER - A present household member excluding non-romantic or non-intimate co-residents; Code of Alabama §13A-6-130 through §13A-6-132, inclusive, and §13A-6-138.
PREDOMINANT AGGRESSOR - In complaints of domestic violence from two or more opposing persons, or where both parties have injuries, the individual determined by officers to be the primary physical aggressor, as defined in the Code of Alabama §13A-6-134. However, a person who acts in a reasonable manner to protect himself or herself or another family or household member from domestic violence may not be arrested.
PROTECTION ORDER - As defined in the Code of Alabama §13A-6-141, a domestic violence protection order is any Protection From Abuse (PFA) order issued pursuant to the Protection from Abuse Act, Code of Alabama §30-5-1 to §30-5-11, inclusive. The term includes the following:
A restraining order, injunctive order, or order of release from custody which has been issued in a circuit, district, municipal, or juvenile court in a domestic relations or family violence case;
An order issued by a municipal, district, or circuit court which places conditions on the pre-trial release on defendants in criminal cases, including provisions of bail pursuant to the Code of Alabama §15-13-190;
An order issued by another state or territory which may be enforced in the Code of Alabama §30-5B-1 through §30-5B-10. Restraining or protection orders not issued pursuant to the Protection from Abuse Act, Code of Alabama §30-5-1 through §30-5-11, inclusive must specify that a history of violence or abuse exists for the provisions of this chapter to apply.
VICTIM - An individual who is related in any of the following ways to the person who commits domestic violence: a current or former spouse; parent, stepparent, child, or stepchild; any person with whom the defendant has a child in common; a present household member; or a person who has or had a dating relationship with the defendant; Code of Alabama §13A-6-130 through §13A-6-132, inclusive, and §13A-6-138.
NOTE: There are slight differences in the definition of victim for Violation of Protection Order; Code of Alabama §30-5-2; however, if the officer has a reasonable belief that a valid protection order exists, the officer shall respond as provided herein.
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311.2 POLICY
The Lincoln Police Department’s response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this department to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible.
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311.3 OFFICER SAFETY
The investigation of domestic violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved.
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311.4 INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic violence cases:
(a) Calls of reported, threatened, imminent, or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities.
(b) Request entry in the event the incident is at a private residence. A warrantless entry is permissible if there is an objectively reasonable basis to believe the safety of an occupant may be in jeopardy.
(c) When practicable, officers should obtain and document statements from the victim, the suspect, and any witnesses, including children, in or around the household or location of occurrence.
(d) All injuries should be photographed and/or videoed when practical, regardless of severity, taking care to preserve the victim's personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Criminal Investigations in the event that the injuries later become visible. Request medical services if:
The severity of injuries is uncertain; or,
An individual requests medical attention; or,
It is believed that strangulation or suffocation has occurred.
(e) If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement, and make an arrest or seek an arrest warrant if appropriate.
(f) If appropriate and legally permitted, seize any firearms or other dangerous weapons in the home for safekeeping or as evidence.
(g) When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order, and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report.
(h) Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include:
Whether the suspect lives on the premises with the victim.
Claims by the suspect that the victim provoked or perpetuated the violence.
The potential financial or child custody consequences of arrest.
The physical or emotional state of either party.
Use of drugs or alcohol by either party.
Denial that the violence occurred where evidence indicates otherwise.
A request by the victim not to arrest the suspect.
Location of the incident (public/private).
Speculation that the complainant may not follow through with the prosecution.
Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or marital status of the victim or suspect.
The social status, community status, or professional position of the victim or suspect.
(i) Officers shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for law enforcement assistance (Ala. Code § 13A-6-134).
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311.4.1 IF NO ARREST IS MADE
If no arrest is made, the officer should advise the parties of any options, including but not limited to:
(a) Explain warrant procedures to the victim regarding the necessity to consult with the magistrate should prosecution be desired.
(b) Voluntary separation of the parties.
(c) Appropriate resource referrals (e.g., counselors, friends, relatives, shelter homes, victim witness assistance).
(d) Document the resolution in the report.
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311.5 DOMESTIC VIOLENCE WHERE CHILDREN ARE PRESENT
(a) Additional safeguards may be required when minor children are present at the scene of a domestic violence call. Reasonable efforts shall be made to provide for their safety throughout and following the response consistent with department guidelines.
(b) Officers should document any signs of trauma, any apparent wounds, or healing of wounds and take appropriate action consistent with applicable law to prevent imminent harm to the children.
(c) Document the full names, dates of birth, and name of schools attended for any child under the age of 18 who resides in the home of each party, and the name and details above of any child who was present in the home and was in a position to see or hear the act in the Incident/Offense Report (Ala. Code §13A-6-130, Ala. Code §13A-6-131).
(d) Officers should strive to minimize potential trauma and support a child's safety and well-being following an arrest of a parent or caregiver.
To assist in minimizing the negative effects of the incident and if safe to do so, officers should consider handcuffing, restraining, or questioning, the parent in a location away from the child's sight and hearing.
Officers should ensure that a law enforcement presence remains at the scene until such time as the child is safely placed with a suitable caregiver.
(e) If possible, at the conclusion of the response, officers should spend time talking with the child(ren) about the incident and what may happen next. Taking the extra minute" can help a traumatized child who has experienced violence in the home cope with the situation and promote feelings of safety and order.
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311.6 VICTIM ASSISTANCE
Because victims may be traumatized or confused, officers should be aware that a victim's behavior and actions may be affected.
(a) If an arrest was made advise the victim that there is no guarantee the suspect will remain in custody.
(b) Victims shall be provided with the department domestic violence information handout, even if the incident may not rise to the level of a crime (Ala. Code § 13A-6-134).
(c) Victims shall also be alerted to any available victim advocates, shelters and community resources (Ala. Code § 15-23-62; Ala. Code § 30-6-9).
(d) If the victim has sustained injury or complains of pain, officers shall seek medical assistance for the victim as soon as practicable (Ala. Code § 30-6-9).
(e) Officers should ask the victim whether he/she has a safe place to stay and assist in arranging transportation to an alternate shelter if the victim expresses a concern for his/her safety or if the officer determines that a need exists.
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311.7 DISPATCH RESPONSIBILITIES
All calls of domestic violence will be given the same priority as any other life threatening call and when possible dispatch two officers.
(a) The following information should be obtained whenever possible to increase responding officer's awareness and assessment of the situation:
The exact location of the incident.
What has happened and the immediate safety of persons at the scene.
The complainant's name, involvement, and relationship to the suspect.
If any injuries have occurred, and if so, if medical assistance is required.
Whether the suspect is present and, if not, their description, possible whereabouts, mode of travel, etc.
Were there any firearms or other weapons used, or at the scene, in the home, or on the person? Advise responding officers of the type and location, if known.
Whether the involved persons are under the influence of alcohol or drugs.
Whether there is a valid protection order against the suspect or whether there have been orders in the past.
Any previous history of domestic violence or response to this location.
In addition, any other information received or known by dispatch that would assist the responding officers upon their arrival, i.e., background noises, outstanding warrants, involved law enforcement officer, etc., should be provided to the responding officers
(b) If it will not jeopardize the caller's safety, keep the complainant on the telephone to relay ongoing information to responding officers until their arrival on the scene. An alternative may be to ask the caller to place the phone down but leave the line open if possible and safe to do so.
(c) A response to a domestic violence complaint shall not be terminated based upon a follow-up call from the complainant requesting cancellation. If a caller requests that law enforcement response be canceled, advise the responding officers of the request; however, officers should continue to respond, investigate, and assess the situation to ensure the safety of all parties.
(d) Communications officers are not required to verify the validity of a court order before responding to a request for assistance. Officers should request that communications officers check whether any of the involved persons are subject to the terms of a court order.
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311.8 ROLE OF THE SUPERVISOR
(a) Respond to assist in the investigation of a domestic violence incident upon request, when the incident involves a felony domestic violence offense, or whenever the incident appears to involve a member of law enforcement, prominent community member, or public official.
(b) Review all domestic violence reports for accuracy and consistency and conduct after-action reviews to ensure officers are conducting comprehensive investigations and appropriate action was taken.
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311.9 VERIFICATION OF COURT ORDERS
Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and, where appropriate and practicable:
(a) Ask the subject of the order about his/her notice or receipt of the order, knowledge of its terms and efforts to respond to the order.
(b) Check available records or databases that may show the status or conditions of the order.
(c) Contact the issuing court to verify the validity of the order.
Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed.
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311.10 SERVICE OF COURT ORDERS
(a) Officers investigating an incident of domestic violence who determine that a protection order, including a foreign order, has not been served shall inform the subject of the order of its existence and allow him/her a reasonable opportunity to comply with the order before taking enforcement action (Ala. Code § 13A-6-143; Ala. Code § 30-5B-4).
(b) In the event an officer or deputy provides notice of the domestic violence protection order to the defendant, the officer shall document this fact in the report (Ala. Code § 13A-6-143).
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311.11 FOREIGN COURT ORDERS
Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it were the order of a court in this state (Ala. Code § 30-5B-4). An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court order shall be enforced, regardless of whether the order has been properly registered with this state.
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311.12 STANDARDS FOR ARRESTS
Officers investigating a domestic violence report should consider the following:
(a) Officers having probable cause to believe that a person has committed a domestic violence offense, including a violation of a protection order or interference with a domestic violence emergency call, should make an arrest (Ala. Code § 15-10-3; Ala. Code § 13A-6-133; Ala. Code § 13A-6-143). Any decision not to arrest when there is probable cause to do so must be approved by a supervisor.
Arrests for a violation of a protection order may be made even if the offense did not occur in the officer's presence (Ala. Code § 13A-6-143).
(b) Officers receiving a complaint of domestic violence from two or more opposing persons or where both parties have injuries shall determine the predominant aggressor, considering all of the following (Ala. Code § 13A-6-134):
Prior complaints of domestic violence.
The relative severity of the injuries inflicted on each person, including whether the injuries are offensive versus defensive in nature.
The likelihood of future injury to each person.
Whether the person had reasonable cause to believe he/she was in imminent danger of becoming a victim of any act of domestic violence.
Whether one of the persons acted in self-defense.
(c) Persons arrested for domestic violence, including violation of a protection order or interference with a domestic violence emergency call, should not be released on bail until presented to a judge or magistrate (within 24 hours). If the arrestee is not taken before a judge or magistrate within 24 hours of the arrest, he or she shall be afforded an opportunity to make bail (Ala. Code 15-13-190).
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311.13 REPORTS AND RECORDS
(a) Officers investigating an incident of domestic violence are required to make a written report, regardless of whether an arrest is made. The report must include a statement of the complaint and the disposition of the case, if known (Ala. Code § 15-10-3).
(b) The Central Records Clerk shall be responsible for collecting and maintaining records related to each domestic violence incident as required by Ala. Code § 13A-6-139.2).
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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