December 21, 2018

Formal complaint: Family violence arrest requirement for assaultive offenses, victim information

Complainant alleges that officers failed to arrest the alleged offender for interfering with an emergency call and did not provide the Victim Assistance Information pamphlet during a family violence incident. Office of Police Oversight recommend this allegation receive a B classification.

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The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. NOTICE OF FORMAL COMPLAINT ICMS: 2018-1216 Date of Complaint: 12/21/2018 Complaint: OPO received a complaint by phone against Officer [Redacted] and Officer [Redacted]. The complainant has alleged that Officers responded to an incident involving family violence where they failed to arrest the alleged offender for interfering with the emergency call and did not provide the Victim Assistance Information pamphlet. Administrative Policy to Review: 418.2.1 Arrest Requirement for Assaultive Offenses (b) If both parties have been assaulted, officers shall make reasonable efforts to identify the primary aggressor. Arrests of both parties should be avoided unless warranted. (1) If officers at the scene cannot determine the primary aggressor, an on duty supervisor shall be contacted to make the determination. 418.2.8 Interference with Emergency Telephone Call Interference with emergency telephone call has its own arrest authority (Tex. Code of Crim. Pro. art. 14.03(a) (5)) that is separate from the arrest authority for family violence. 418.3 Additional Investigative Guidelines 418.3.2 Victim information (a) Officers shall provide each adult present with a copy of the information pamphlet entitled Victim Assistance Information that includes the Notice to Adult Victims of Family Violence and write the incident number on the front page. The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends that this allegation receive a B classification.

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