I. In keeping with its mission and values
statement, the department recognizes that some
of its employees may commit acts of violence
against their family and household members.
Such violence is unacceptable.
II. To assist employees in preventing such
violence, an early identification and intervention
program will be maintained by the department (see
Policy 3.12, EMPLOYEE EARLY RECOGNITION SYSTEM).
III. When acts of violence occur, quick and
decisive action will be taken to protect the
victim, arrest the accused employee, and hold
the employee accountable for his or her actions
through an effective course of criminal prosecution
and/or administrative action.
DEFINITIONS
Domestic violence: Any act which would constitute
an offense under Section 709-906 or under Parts V
and VI of Chapter 707, Hawaii Revised Statutes (HRS),
committed against a minor family or household member
by an adult family or household member. This includes
(but is not limited to) physical harm, bodily injury,
assault, or the threat of imminent harm, bodily injury,
or assault; extreme psychological abuse or malicious
property damage between family or household members.
Employee: A`ny paid employee or volunteer
of the Honolulu Police Department.
Family or household member: Spouses or reciprocal
beneficiaries, former spouses or former reciprocal
beneficiaries, persons who have a child in common,
parents, children, persons related by consanguinity,
persons jointly residing or formerly residing in the
same dwelling unit, and persons who have or have had
a dating relationship (as defined in Section 586-1, HRS).
RESPONSIBILITIES
A. The Criminal Investigation Section, Professional
Standards Office (PSO), is responsible for completing
criminal investigations of domestic violence incidents.
B. The Administrative Investigation Section, PSO,
is responsible for completing administrative
investigations of domestic violence incidents.
C. Administrative action shall not be delayed for criminal prosecution.
D. Employees are encouraged to report to their
supervisors any information about other employees who
may have engaged in or been subjected to domestic violence.
E. A supervisor within or outside the employee’s
chain of command shall report any information about an
employee who may have engaged in or been subjected to
domestic violence; the supervisor shall notify the
employee’s commander at the division level or above.
ABUSE AND OTHER DOMESTIC VIOLENCE CASES
General procedures governing cases involving
abuse of family and household members are
spelled out in Policy 4.18, ABUSE OF FAMILY
OR HOUSEHOLD MEMBERS; those procedures shall
be followed in all cases. The requirements
of this directive are designed to supplement
the more general procedures in those cases
of domestic violence in which an employee is a suspect.
Some procedures apply to all cases (section III
A below); others apply separately to officers
(section III B below) and to civilian personnel
(section III C below).
A. All Cases Involving Employees
1. All calls that involve or appear to
involve a departmental employee in an abuse
of family or household member case or any
other offense related to domestic violence
shall be reported immediately by the dispatcher
to the on-duty supervisor in the Communications
Division. The on-duty supervisor shall prepare
a written report of each call and send it through
channels to the Criminal Investigation Section,
PSO, no later than the end of the watch.
2. Patrol personnel shall notify the Criminal
Investigation Section, PSO, of each call in
accordance with Policy 5.01, COMPLAINTS AND INTERNAL INVESTIGATIONS.
a. During normal working hours, the officer
initiating the report or the officer’s supervisor
shall notify the Criminal Investigation Section,
PSO, of the allegations.
b. At all other times, the officer initiating
the report or the officer’s supervisor shall notify
the on-duty Criminal Investigation Division lieutenant,
who in turn shall notify the element commander or designee of the PSO.
c. Notifications should be made from the scene
immediately upon determining that a crime has been committed.
3. Patrol officers and supervisors shall
prepare written reports for all domestic violence
incidents, including arguments. Copies of each
report (including follow-ups) shall be submitted
and sent or faxed to the PSO no later than the
end of the preparing officer’s tour of duty.
4. In accordance with Sections 709-906(4)(f) and
134-7.5(a), HRS, an officer who has reasonable grounds
to believe that a person has recently assaulted or
threatened to assault a family or household member
shall seize all firearms and ammunition that the
officer has reasonable grounds to believe were used
or threatened to be used in the commission of the offense.
The officer may also seize firearms and ammunition
that are in plain view of the officer or were discovered
pursuant to a consensual search, as necessary for the
protection of the officer or any family or household member.
5. Investigating personnel shall inform the
affected victims of the community resources available
to them as outlined in Policy 4.18, ABUSE OF FAMILY
OR HOUSEHOLD MEMBERS; and Policy 5.11, VICTIM ASSISTANCE AND RESOURCE CARD.
B. Cases Involving Officers
1. Field Personnel
When an officer is a suspect in an abuse of
family or household member case or any other
offense related to domestic violence (including
argument type cases), a supervisor who is at
least one rank higher than the suspect shall be called to the scene.
2. Arrest Cases
When an officer is arrested for any domestic
violence offense, the case shall be referred
to the Criminal Investigation Section, PSO, for investigation.
a. The on-scene supervisor shall make the
notification of the arrest to the PSO; the
notification should be made from the scene whenever possible.
b. PSO criminal investigators shall respond to
all cases where an arrest has been made and shall
relieve the patrol personnel as soon as practicable.
c. PSO personnel shall notify the officer’s
commander of the arrest and, if circumstances warrant,
request the commander’s presence at the scene.
3. Nonarrest Cases
When an officer is a suspect in a domestic violence
case but no arrest is made, notification to the PSO
should be made from the scene.
a. If there is probable cause for arrest but
the suspect officer is not at the scene, the PSO
shall direct the investigation and attempt to locate
the accused officer.
b. The accused officer’s commander shall be
notified by the PSO as soon as practical.
4. Command Responsibilities
a. When an officer is arrested for any domestic
violence offense, the division-level (or higher)
commander or second in command shall:
(1) Send written notification to his or her
bureau chief or deputy chief and a copy to the
commander of the Human Resources Division (HRD).
The HRD shall prepare the memorandum of notification
regarding the surrender of firearms and other
equipment for the Chief of Police’s signature
(see Policy 5.03, RESTRICTION OF POLICE AUTHORITY);
(2) Serve the memorandum of notification on
the officer and assist the officer in facilitating
compliance;
(3) Ensure that a Miscellaneous Public report
and Evidence report are initiated to document the
surrender of the firearms, ammunition, and other equipment;
(4) Ensure that city-owned firearms, ammunition,
and other equipment are submitted to the Property and
Supply Section, Finance Division, and that privately
owned firearms and ammunition are submitted to the
Evidence Unit, Records and Identification Division;
(5) Direct the officer to obtain a temporary
identification card from the HRD;
(6) Notify the officer that all special duty
privileges have been suspended as of the time of
notification and inform the Major Events Division of the suspension;
(7) Direct the officer to wear appropriate
civilian attire (without a firearm) during court appearances; and
(8) Assign the officer to duties that do not require a firearm.
b. When an officer is suspected of a domestic
violence offense but an arrest is not warranted,
the division-level (or higher) commander may
consider action under Policy 5.03, RESTRICTION OF POLICE AUTHORITY.
C. Cases Involving Civilian Employees
1. When a civilian employee is a suspect
in an abuse of family or household member case
or any other offense related to domestic violence
(including argument-type cases), a field supervisor shall be called to the scene.
2. The accused employee’s commander shall be
notified by the PSO as soon as practical.
COURT ORDERS FOR PROTECTION DIRECTED AT DEPARTMENTAL PERSONNEL
Court orders for protection often involve
relationships that fall within the scope of
section I above (definition of family or
household member). However, because some
orders do not involve such relationships,
guidelines are provided separately; refer
to Policy 7.09, COURT ORDERS FOR PROTECTION.