The Honolulu Police Department (HPD) is committed to enforcing
all state laws, city ordinances, and rules and regulations
concerning crimes related to family violence. The department’s
purposes are the following:
A. To respond appropriately to incidents of domestic violence
and prevent further harm to affected family and household
members;
B. To conduct thorough investigations to determine if
reasonable grounds exist to facilitate the arrest of the
dominant aggressor in domestic violence crimes;
C. To protect family and household members from subsequent
domestic violence through support and education. This will
be done through collaboration with community stakeholders
and social service providers; and
D. To promote the safety of our officers by ensuring that they
are trained and prepared to respond to and effectively
handle domestic violence calls for service.
DEFINITIONS
Complainant: The family or household member who has been
identified as the victim of domestic violence and not
necessarily the caller. Officers should refrain from using
the term “victim” and should instead use the term
“complainant” in their reports and statements.
Consanguinity: A kinship characterized by the sharing of
common ancestors or being related by blood.
Dating relationship: A romantic, courtship, or engagement
relationship often, but not necessarily, characterized by
actions of an intimate or sexual nature but does not include
a casual acquaintanceship or ordinary fraternization between
persons in a business or social context.
Domestic abuse/violence: Includes (but is not limited to)
physical harm, bodily injury, assault, or the threat of
imminent physical harm, bodily injury, or assault; extreme
psychological abuse or malicious property damage between
family or household members; or 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.
Dominant aggressor: The person determined to be the
principal or most significant, but not necessarily the
first, aggressor in a domestic violence altercation.
Extreme psychological abuse: An intentional or knowing
course of conduct directed at an individual that seriously
alarms or disturbs and consistently or continually bothers
the individual and that serves no legitimate purpose;
provided that such course of conduct would cause a
reasonable person to suffer extreme emotional distress.
Family or household member: Spouses or reciprocal beneficiaries, former spouses or former reciprocal beneficiaries, persons in a dating relationship as defined under Section 586-1, HRS, 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. Does not include those who are, or were, adult roommates or cohabitants only by virtue of an economic or contractual affiliation.
Malicious property damage: An intentional or knowing damage
to the property of another, without his or her consent, with
an intent to thereby cause emotional distress.
Reciprocal beneficiaries: Two adults who, through
registration with the state, are eligible to receive many of
the same benefits that have previously only been afforded to
married couples. These relationships are similar to
registered domestic partnerships (i.e., same sex marriage).
Strangulation: Incidents where the physical abuse consists
of intentionally or knowingly impeding the normal breathing
or circulation of the blood of the family or household
member by applying pressure on the throat or the neck. The
term “choking” should not be used as it refers to an
obstruction in the airway.
STATUTE
In general, Section 709 906, HRS, makes it unlawful for
anyone to physically abuse a family or household member or
to refuse to comply with the lawful order of a police
officer to leave the premises and to initiate no contact
with the victim during a cooling-off period. An officer may
arrest a person if the officer has reasonable grounds to
believe that the person has physically abused a family or
household member or if the person fails to comply with the
officer’s lawful order to leave the premises and to initiate
no contact with the victim during a cooling off period.
Written reports are required in all cases. Refer to the
statute for specifics and further information.
ABUSE INVESTIGATIONS
Domestic violence calls for service are extremely dangerous
and volatile so it is imperative that the departmental
response be done expeditiously while maintaining officer
safety. The investigation of these cases is complex and
requires an educated, sensitive approach. These procedures
govern cases involving domestic violence and, more
specifically, abuse of family or household members.
A. Communications Division
1. Abuse of Family or Household Member calls shall be
given the same priority as other life threatening
incidents. At least two officers shall be
dispatched to the scene.
2. Domestic violence related calls for service will
often be frantic and difficult to deal with.
Dispatchers should remain professional and attempt
to calm the caller while obtaining information
that will assist officers to respond as safely and
prepared as possible.
3. During the initial call, the dispatcher shall
attempt to obtain pertinent information, including
(but not limited to) the following:
a. The location of the incident;
b. Synopsis of what has taken place and if it is
domestic violence related;
c. Injuries and need for medical assistance;
d. Names of parties involved (including the
caller, complainant, and offender);
e. Location of offender;
f. Type and location of weapons in the area or
any other hazards for responders, including
associates of the offender;
g. Signs of substance or alcohol abuse;
h. Presence of children or witnesses; and
i. Existence of a current restraining or
protective order.
4. Checks should be made using the information
obtained to determine prior calls for service at
the location and/or for the parties involved,
current orders for protection, outstanding
warrants, and if the offender has any prior
arrests for domestic violence history.
5. The information obtained should be relayed to the
responding officers as soon as practicable.
B. Patrol Officers
1. Response
Knowing the dynamics of domestic violence and
Abuse of Family or Household Member cases,
officers must respond appropriately to ensure
their safety and the safety of those involved.
When dispatched, two officers shall respond.
Responding officers must be cognizant of their
surroundings and potential hazards as the crime
scene may still be dynamic.
2. Scene Safety
Upon arrival, the priority of officers is to make
the scene safe. Though situations can differ,
below are general guidelines:
a. If the altercation is ongoing, officers
should intervene and control the parties
involved;
b. Separate all parties involved to reduce
potential agitation and influence of their
statements; and
c. Assess injuries of those involved and provide
appropriate treatment.
3. Scene Safety
Upon arrival, the priority of officers is to make
the scene safe. Though situations can differ,
below are general guidelines:
a. If the altercation is ongoing, officers
should intervene and control the parties
involved;
b. Separate all parties involved to reduce
potential agitation and influence of their
statements; and
c. Assess injuries of those involved and provide
appropriate treatment.
Dominant Aggressor
If opposing complaints are received from two or
more persons, the officer shall evaluate each
complaint separately to determine the dominant
aggressor by considering:
a. Prior complaints of domestic violence;
b. The relative severity of the injuries
suffered by each person;
c. The likelihood of future injury to each
person; and
d. Whether either person acted in self-defense.
If officers have difficulty determining a dominant
aggressor, they shall confer with a supervisor
with the facts and circumstances of the incident.
The supervisor shall make the determination.
4. Statements
The investigating officer shall make reasonable
efforts to obtain statements from the complainant
as well as any witnesses.
a. Each party shall be interviewed separately
using supportive interview techniques.
Children should be interviewed in a manner
appropriate to their age.
b. The officer shall make reasonable attempts to
have the complainant and witnesses complete
and submit their written statements on an HPD
Statement Form, HPD 252.
c. If complainants or witnesses are unable to
complete the form themselves, the officer
shall prepare it for their review and
signature.
d. If the complainant is only willing to provide
a verbal statement, the officer shall request
to have another officer present to witness
the verbal statement.
e. If no HPD-252 form or witnessed verbal
statement is obtained, the officer shall
state the reasons in his or her report.
f. Initial statements are particularly critical
in domestic violence cases as complainants
may become reluctant to provide additional
information to detectives or prosecutors.
Responding officers should include the
following:
(1) The date, time, and location that the
incident occurred;
(2) The identification and description of
the offender;
(3) An account of transpiring events,
including what started the incident;
(4) A description of any weapon;
(5) The complainant’s injuries and if the
complainant felt pain (include treatment
or refusal of treatment); and
(6) The offender’s possible location and
known hangouts if the offender is not
present.
5. Domestic Violence Supplemental Forms
a. Officers shall use the HPD domestic violence
supplemental forms (HPD DVl, HPD DV2, and
HPD DV3) for all cases of domestic violence,
domestic violence related crimes, abuse, and
suspected abuse.
b. These forms provide general questions and
information that are helpful for prosecution.
The HPD DVl and HPD-DV2 forms shall be
completed by the officer. The HPD DV3 form
should be treated like an HPD 252 form. It
is preferable for the complainant to complete
the HPD DV3 form but may require the officer
to prepare it for the complainant’s review
and signature.
6. Physician’s Report
a. An officer responding to the hospital for a
complainant’s injuries shall make reasonable
attempts to have the complainant sign and the
treating physician complete the HPD
Physician’s Report, HPD 13 form.
b. If the treating physician is unavailable, the
officer shall leave the HPD-13 form with an
authorized representative of the medical
facility and provide instructions to notify
dispatch upon completion for pick up. The
officer shall document in the report the name
of the representative and treating physician
and the date and time the form was given.
7. Crime Scene Processing
a. The investigating officer shall take color
photographs of the scene, injuries, and
property damage. If the officer does not
have a camera, the officer shall make
reasonable attempts to obtain one. If the
victim has been transported to a medical
facility and is not at the scene, the
follow up officer at the medical facility
shall take photographs of the injuries.
Photographs taken must be recorded onto a
Compact Disc Recordable and submitted to the
Scientific Investigation Section’s Photo Lab.
b. If photographs are not taken, officers shall
notify their supervisors and document in
their reports the reason(s) photographs were
not taken.
8. Lethality Assessment Program (LAP)
The LAP is an intervention process that assists
officers in providing appropriate services and
assistance to those affected by domestic violence.
The program requires officers to use an evidencebased
lethality screening tool, the HPD DV LAP
form. The outcome of the screening will indicate
if officers will provide additional services
described in the subsequent sections below.
a. a. Lethality Assessment Screening Procedures
Officers shall initiate lethality assessment
screening with an HPD-DV-LAP form when an
intimate partner relationship is involved and
any of the following exists:
(1) The officer has reason to believe that
an assault or other act of violence has
occurred;
(2) While investigating a domestic argument,
the officer believes there is a high
probability for danger occurring after
the officer leaves;
(3) The officer knows there is an ongoing
history of violence between the parties
involved; or
(4) The officer instinctively feels that the assessment should be administered.
b. Using the HPD-DV-LAP Form
(1) Prior to reading the form, the officer
shall explain to the participant that several
questions will be asked to better understand
the person’s current situation. The questions
shall be read verbatim in the order listed on the form.
(2) As described on the form, a “yes” response
to question 1, 2, or 3 shall trigger the protocol
for referral. Any four “yes” responses to questions
4 through 11 shall also trigger the protocol for referral.
(3) The protocol for referral shall include
contacting the Child and Family Service’s 24-hour
hotline. Officers shall identify themselves to
the call taker and answer the intake questions.
Officers shall then ask the participant (complainant)
to speak with the call taker and, upon consent, hand the telephone to the person.
(4) Officers should use a departmental telephone.
The last resort option would be to use the participant’s
telephone. Whichever telephone is used, the officer
should remain at the scene throughout the entire call.
(5) When reasonable attempts to contact the 24-hour
hotline are made without success, the officer shall
document the circumstances in his or her report.
(6) In situations where the lethality assessment
does not trigger the protocol for referral, the
results will still need to be documented and the
HPD-DV-LAP form shall be submitted as described in section c below.
c. Documentation of the Assessment
The completed HPD DV LAP form shall be
included with the officer’s report and
submitted in accordance with Policy 8.06,
POLICE REPORTS.
9. Follow Up by Patrol
a. If the offender is not present, the officer shall attempt to obtain information about the offender’s possible whereabouts from the complainant and witnesses and initiate follow-up checks in accordance with
section B 15 e on page 14.
b. The officer’s report shall include the
following information as is available: types
of follow ups requested, names of the follow
up officers, and results of the follow up
checks.
10. Follow-Up Investigation
a. The Domestic Violence Detail of the Criminal
Investigation Division (CID) shall be
responsible for monitoring the progress and
disposition of all open Abuse of Family or
Household Member cases.
b. Misdemeanor Abuse of a Family or Household
Member cases in which there was no arrest
shall be forwarded immediately to the CID’s
Domestic Violence or Child Abuse Details for
monitoring.
c. All felony domestic violence cases shall also
be forwarded to the CID’s Domestic Violence
or Child Abuse Details for investigation.
11. Written Reports
Officers shall prepare written reports for all
incidents involving abusive relationships,
including:
a. Incidents where abuse can be substantiated;
b. Incidents where abuse cannot be substantiated
but can only be inferred, such as:
(1) A third party suspects abuse; and
(2) An officer suspects that abuse occurred
but has insufficient grounds to classify
the case as Abuse of Family or Household
Member; or
c. Arguments between parties who fall under the
definition of family or household members.
Unsubstantiated abuse cases shall be closed as a
matter of record with one exception.
The exception is that all unsubstantiated abuse
cases involving victims under the age of 18
(including those cases related to discipline)
shall be left open pending investigation by the
CID. A copy of each case shall be forwarded to
the division’s Child Abuse Detail.
Except for arguments, all other cases of abuse,
suspected abuse, or domestic violence related
crimes shall include the domestic violence
supplemental forms (HPD DVl, HPD-DV2, and HPD DV3)
and the HPD DV LAP form, only if applicable.
12. MH 1 Related Cases
a. Officers shall be guided by Policy 4.22,
MH 1: APPLICATION FOR EMERGENCY EXAMINATION
AND HOSPITALIZATION, if there are indications
that offenders arrested for Abuse of Family
or Household Members should be hospitalized.
The Abuse of a Family or Household Member
case shall still be completed in accordance
with the guidelines of this policy.
b. When an arrestee is hospitalized, the report
(including copies of all reports, statements,
and domestic violence supplemental forms
[i.e., HPD-DVl, HPD-DV2, and HPD DV3]) shall
be referred to the Victim/Witness Assistance
Division, Department of the Prosecuting
Attorney.
13. Arrest
An officer shall arrest an offender for Abuse of
Family or Household Member whenever the offender
is at the scene and one or more of the following
elements are present:
a. The officer witnesses the act of abuse in
person and determines that the offender is
the dominant aggressor;
b. The complainant has visible injuries and the
identity of the offender can be determined;
c. The complainant complains of pain and gives a
written statement, via the HPD-252 form, to
the officer;
d. The complainant complains of pain and gives a
verbal statement that is witnessed and
documented by two or more officers;
e. The offender refuses to comply with the
officer’s lawful order to leave the premises
after being issued an Abuse of Family or
Household Member Warning Citation;
f. The offender returns to the premises before
the expiration of the Abuse of Family or
Household Member Warning Citation as required
by Sections 709-906 (4) (b) and (c), HRS; or
g. The offender initiates contact with the
complainant, either by telephone or in
person, before the expiration of the Abuse of
Family or Household Member Warning Citation
as required by Sections 709-906 (4) (b) and
(c), HRS.
14. Dual Arrest
a. Officers shall make reasonable efforts to
determine a dominant aggressor and avoid dual
arrests. Dual arrests should be made only
when an investigation clearly shows that
there were two separate incidents of abuse
and that they were separated in time.
b. In all cases of dual arrests, officers shall
apprise their supervisor who shall submit a
follow up report articulating the facts and
circumstances for each arrest.
15. Delayed Arrest
a. In misdemeanor Abuse of Family or Household
Member cases when there is probable cause for
an arrest but a suspect is at large after
routine follow up checks, a collaborative
departmental effort is needed to arrest the
suspect.
The initial officer is responsible for making
an Abuse of Family or Household Member
Offender Arrest Packet. The packet shall
include, but is not limited to, copies of the
following:
(1) A copy of the initial Abuse of a Family
or Household Member report and all
follow up reports, including
photographs;
(2) A copy of the domestic violence
supplemental forms (HPD DVl, HPD DV2,
HPD-DV3) and the HPD DV LAP form, if
applicable; and
(3) A copy of the written statements.
b. The packet shall be reviewed for approval by
the officer’s supervisor and maintained in
the district where the case occurred. The
supervisor shall ensure that the packet is
submitted.
Arrangements can be made to transfer the
packet to another district when the offender
may reside in or frequent a different
district. The supervisors of both districts
must agree to the transfer.
c. If the offender turns himself or herself in
or is located later, the locating officer
shall review the circumstances of the case to
determine if there is probable cause for an
arrest and whether an arrest has already been
made. The arrest shall meet the criteria as
outlined in this policy.
d. If an arrest is not made, the officer shall
notify the supervisor and document in a
follow up report the reason(s) the offender
was not arrested. Upon being notified, the
supervisor shall review the follow up report
for approval.
e. The initiating district shall continue its efforts to locate the suspect for up to
ten days. After this period or earlier if requested, the packet shall be forwarded to the CID.
(1) A Domestic Violence Detail investigator
shall ensure that all of the necessary
elements are present before initiating
an entry for a wanted person case.
(2) The case shall be forwarded to the
Domestic Violence Detail lieutenant or
designee who shall enter a wanted person
alert into the mainframe. A wanted
person on the mainframe shall be
designated with “A” in the column titled
“TYPE.
(3) The Domestic Violence Detail lieutenant
or designee shall be responsible for
reviewing, inputting, tracking, and
maintaining all Abuse of Family or
Household Member wanted person entries.
f. Patrol Officer’s Responsibilities
(1) When officers locate an Abuse of Family or Household Member suspect, they shall confirm that the suspect is still wanted and there is probable cause before making an arrest. No arrest shall be made before confirming that the suspect is still a wanted person.
(2) The arresting officer shall scan a copy of the Offender Based Transaction System (OBTS) and e-mail the OBTS to the Domestic Violence Detail at [email protected] as soon as is practicable.
(3) Officers shall complete their arrest reports in accordance with Policy 7.06, ARREST REPORT.
g. Exceptional Circumstances
(1) The Domestic Violence Detail
investigators may become aware of
suspects who are involved in multiple
cases, particularly violent cases, or
cases of notoriety.
(2) Upon discovering an exceptional suspect
like this, the investigator has the
discretion to immediately ask for the
packets from the involved districts. In
turn, the investigator shall expedite
the inputting of the suspect into the
wanted person file.
h. Deleting a Wanted Person File
Once a wanted person has been arrested and a
copy of the OBTS has been received by the
Domestic Violence Detail, the detail’s
lieutenant or designee shall be responsible
for removing the electronic file from the
mainframe.
16. Abuse of Family or Household Member Warning
Citation
As provided in Section 709-906, HRS, any police
officer, with or without a warrant, shall take the
following course of action regardless of whether
the physical abuse or harm occurred in the
officer’s presence:
a. Make reasonable inquiry of the family or
household member upon whom the officer
believes physical abuse or harm has been
inflicted and other witnesses, if applicable;
b. Lawfully order the person who the police
officer reasonably believes to have inflicted
the abuse to leave the premises for a period
of separation during which time the person
shall not initiate any contact (either by
telephone or in person) with the family or
household member; provided that the person is
allowed to enter the premises with a police
escort to collect any necessary personal
effects;
(1) Any person ordered to leave shall be
cited with and given a copy of an Abuse
of Family or Household Member Warning
Citation, HPD 279 form;
(2) The period of separation shall commence
when the order is issued and shall
expire at 1800 hours on the second
business day following the day the order
was issued; provided that the day the
order is issued shall not be included in
the computation of the two business
days. “Business day” means any calendar
day, except Saturday, Sunday, or any
state holiday;
c. Arrest the person who refuses to comply with
the order to leave or initiates contact with
the complainant (either by telephone or in
person) before the Abuse of Family or
Household Member Warning Citation expires,
the person shall be arrested for Abuse of
Family or Household Member to prevent further
physical abuse or harm to the family or
household member; and
d. Distribute copies of the HPD 279 form as
follows:
(1) The original copy shall be attached to
the police report;
(2) The yellow copy shall be given to the
complainant; and
(3) The pink copy shall be given to the
offender.
17. Constitutional Rights
Parties arrested for Abuse of Family or Household
Members shall be informed of their rights via the
Warning Persons Being Interrogated of Their
Constitutional Rights (adult interrogation,
HPD 81, or juvenile interrogation, HPD 11, forms)
Also, they shall be afforded the opportunity to
make a written statement via the HPD Statement
Form, HPD 252.
18. Felony Cases
In felony cases, the supervisor shall follow
Policy 4.29, CRIME SCENE: INVESTIGATIVE
RESPONSIBILITIES AND PROCEDURES.
The following circumstances shall be classified as
felony cases:
a. For a third or subsequent Abuse of a Family
or Household Member offense that occurs
within two years of a second or subsequent
conviction;
b. Incidents where the physical abuse consists
of intentionally or knowingly impeding the
normal breathing or circulation of the blood
of the family or household member by applying
pressure on the throat or the neck; or
c. Incidents where physical abuse occurs in the
presence of any family or household member
who is less than 14 years old.
(1) The witness must be a family or
household member of at least one of the
persons involved in the abusive action.
(2) “In the presence of” shal 1 mean within
reasonable “sight or sound” proximity of
the abusive action.
19. Upgrading the Charge to a Felony Assault
Abuse of Family or Household Member incidents
shall be upgraded to assault in the second degree
if the offender:
a. Intentionally or knowingly causes substantial
bodily injury to another;
b. Recklessly causes serious or substantial
bodily injury to another;
c. Intentionally or knowingly causes bodily
injury to another with a dangerous
instrument; or
d. Intentionally or knowingly causes bodily
injury to a person who:
(1) The offender has been restrained by
order of the court, including an
ex parte order, from contacting,
threatening, or physically abusing a
family or household member pursuant to
Chapter 586 of the HRS; or
(2) Is being protected by a police officer
ordering the offender to leave the
premises of that protected person
pursuant to Section 709-906(4), HRS,
during the effective period of that
order.
20. Cases Involving Children and Dependant Adults
Officers will encounter cases of suspected
physical child abuse. The following guidelines
will assist in distinguishing physical child abuse
from discipline:
a. Officers responding to abuse cases involving
children as victims must evaluate each
situation in light of Section 703 309, HRS,
which allows a parent, guardian, or other
person similarly responsible for the general
care and supervision of a minor to employ
force under certain circumstances;
In general, force is permissible as long as
due regard is given to the age and size of
the minor; the force is reasonably related to
the purpose of safeguarding or promoting the
welfare of the minor; and the force used does
not intentionally, knowingly, recklessly, or
negligently create a risk of substantial
bodily injury or other specified harm to the
minor;
b. The full investigation of such cases requires
the officer to determine the circumstances of
the discipline, the kind of force used, and
the degree of injury. All of these elements
shall be documented in the officer’s written
report;
c. In accordance with Section 350 1.1, HRS, all
cases of actual or suspected nonaccidental
harm to children (i.e., abuse, neglect, or
discipline) shall be reported to the Child
Welfare Services, Department of Human
Services, at the number listed on the
attachment;
d. In cases where the injuries sustained by the
child constitute actual harm (as defined in
Section 350 1.1, HRS), the scene supervisor
shall also notify the on duty CID lieutenant;
and
e. Officers shall report cases of actual or
suspected abuse of dependent adults to the
Adult Protective Services, Department of
Human Services, at the number listed on the
attachment.
21. Complainant Assistance/Referral
Officers shall inform complainants affected by
domestic violence of the community resources
available to them. Such efforts include, but are
not limited to, the following:
a. Handing out the HPD Resource Card;
b. Providing information on the availability of
shelters and other community violence
projects and shelters;
c. Informing complainants that the
Victim/Witness Assistance Division of the
Department of the Prosecuting Attorney may be
contacted for appointments for:
(1) Processing misdemeanor criminal
complaints; and
(2) Obtaining assistance when there has been
a violation of a Family Court Temporary
Restraining Order (TRO) whereby the
respondent has left the scene and the
investigation has been completed;
d. Informing complainants that the Adult
Services Branch of the Family Court may be
contacted for prescreening appointments and
assistance in:
(1) Obtaining a Family Court TRO; and
(2) Completing necessary documents and
scheduling a court hearing; and
e. Contacting the Crime Victim Compensation
Commission for information regarding
assistance in the monetary compensation of
victims of violent crime, including victims
of family and household abuse. See Policy
5.11, DEPARTMENTAL RESOURCE CARD.
22. Departmental Personnel
See Policy 3.26, EMPLOYEES INVOLVED IN DOMESTIC
VIOLENCE.
23. Firearms and Ammunition
a. In accordance with Sections 709-906 (4) (f)
and 134-7.S(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.
b. In such cases, the officer shall document the
seizure via his or her case report and an
evidence report. The officer shall also give
the owner or person in lawful possession of
the firearm(s) or ammunition a Property
Receipt, HPD-83 form, identifying the seized
property and inform the owner or person in
lawful possession that it can be retrieved
from the Firearms Unit, Records and
Identification Division, if it is not needed
as evidence.
c. In addition, the officer shall notify the
victim of the alleged or threatened assault
of remedies and services available to victims
of domestic violence, including the right to
apply for a restraining order.
d. The Firearms Unit, Records and Identification
Division, shall make seized firearms and
ammunition available to the owner or person
in lawful possession in accordance with the
provisions of Section 134-7.5(d), HRS.
C. Supervisors
1. Field supervisors shall be responsible for
monitoring calls for service involving domestic
violence that are dispatched to officers under
their direct supervision or within their area of
responsibility.
2. Whenever possible, the supervisor should respond
to and monitor the scene to provide guidance and
additional safety.
3. Supervisory responsibilities include (but are not
limited to) the following:
a. Making the final determination to identify
the dominant aggressor when officers are
unable to;
b. Receiving notification of the reason why
photographs were not taken (supervisors
should attempt to get the officer a camera or
ensure they are equipped in the future);
c. In all cases, the on-scene supervisor will
ensure that the reasons for arrest or
nonarrest are stated in the officer’s report,
the face page is properly completed
(including checking the domestic violence
block), and the Domestic Violence
Supplemental forms (HPD DVl, HPD DV2, and
HPD DV3) are completed and attached;
d. Shall submit a follow up report in all cases
of dual arrest. The report should include
the facts and circumstances of each arrest;
e. Shall review the Abuse of Family or Household
Member Offender Arrest Packet and ensure that
it is submitted;
f. When an offender is located or attempts to
turn himself or herself in and an arrest is
not made, the officer will apprise the
supervisor as to the reason(s) why. The
supervisor is then responsible to review and
approve the report if it is acceptable;
g. When notified of a felony arrest, the
supervisor shall notify the on duty CID
lieutenant;
h. In cases where the injuries sustained by the
child constitute actual harm as defined in
Section 350-1.1, HRS, the scene supervisor
shall also notify the on duty CID lieutenant.
BAIL FOR ABUSE VIOLATIONS
Posting Bail
A. When a person arrested for alleged physical abuse posts
bail, he or she shall be instructed to report to the
District Court of the First Circuit, Courtroom 8D,
1111 Alakea Street, at 0830 hours according to the
following:
1. Misdemeanor Abuse
Two weeks from the date of release; or
2. Felony Abuse
Three working days from the date of release.
B. The date, time, and location for the arraignment shall
be noted on the bail receipt.
C. All necessary documents related to the case (arrest
reports, police reports, connecting cases, etc.) shall
be forwarded to the Central Receiving Division (CRD) as
soon as possible for the preparation of petitions
necessary for the case.
D. The bail money shall be transferred to the First
Circuit Court via the CRD.