Domestic Abuse

Policy: Domestic Abuse

Author: Chief Joseph M. Hallman

WILEAG Standard: 6.3.9

Issue Date: March 27, 2011

Reviewed Date: April 21, 2026

Revised Date: April 21, 2026

 

Purpose:

The purpose of this policy is to ensure the uniform handling of all cases of domestic abuse.

Policy:

The UW-Platteville Police Department will screen all requests for service for possible domestic abuse and, if present, will identify and arrest the predominant aggressor.

The UW-Platteville Police Department recognizes that unless an arrest is mandatory, it is generally not appropriate for law enforcement officers to arrest anyone other than the predominant aggressor. In accordance with the State of Wisconsin’s legislative intent, the UW-Platteville Police Department will seek to protect the victims of domestic abuse from arrest.

Domestic abuse cases are very costly in terms of resources and emotional damage for both the community and the victims. Officers must use discretion when handling cases of domestic abuse. (6.3.9.1)

The officer should respond to each situation with respect for the rights and dignities of all parties involved while using extreme caution. A serious, respectful attitude, which utilizes skills in human relations and persuasion, will assist the officer when investigating a domestic abuse case. (6.3.9.1)

Definitions:

  1. Domestic abuse- includes any of the following activities engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided, or against an adult with whom the person has a child in common. (Wis. Stat. §968.075)
  1. Intentional infliction of physical pain, physical injury or illness.
  2. Intentional impairment of physical condition.
  3. An act of First-, Second-, or Third-Degree Sexual Assault, as defined in Wis. Stat. §940.225.   (Marriage is not a bar to prosecution for sexual assault.)
  4. A physical act, or threat in conjunction with a physical act, which may cause the other person reasonably to fear imminent engagement in the conduct described above.
  1. Predominant Aggressor- means the most significant, but not necessarily the first, aggressor in a domestic abuse incident
  2. Intimate Partner- is a person with whom one has a close personal relationship that can be characterized by the following: a. Non‐familial relationships as defined by domestic violence statute (spouses, child in common, etc.). b. Ongoing physical contact and/or sexual behavior. c. Identity as a couple. d. This definition is not statutory.  If there is any doubt as to the status, an officer should error on the side of caution and treat it as an intimate partner relationship.
  3. Probable Cause- refers to that quantum of evidence which would lead a reasonable police officer to believe that the suspect probably committed a crime. It is not necessary that evidence be sufficient to prove guilt beyond a reasonable doubt, nor must it be sufficient to prove that guilt is more probable than not. It is only necessary that the information led a reasonable officer to believe that guilt is more than a possibility. This belief may be predicated in part upon hearsay information.

Procedures:

  1. Probable Cause to Arrest (6.3.9.2)
    1. An officer shall attempt to determine if probable cause exists that a crime is being or has been committed.  Factors to be used in determining if probable cause that a domestic abuse has occurred include, but are not limited to the following
      1. Bodily harm or pain to the victim.  A decision not to arrest may not be based solely on the absence of visible indications or injury or impairment.
      2. Statements of victim, including non‐consent to the offense.  This interview is to be conducted outside the presence of the suspect.  Written statements are to be obtained whenever possible.
      3. Statements of family members, friends, neighbors or other witnesses.  These interviews are to be conducted outside the presence of the suspect.  Written statements are to be obtained whenever possible.
      4. Statements of the suspect.  Written statements are to be obtained whenever possible.
      5. Observations of the scene and the victim.
      6. Previous calls at the same location or with same parties.
      7. Previous threats/offenses against the victim by the suspect.  Officers should check for the existence of a restraining order/injunction against the suspect.  Officers shall arrest for violations of temporary restraining orders or injunctions when such an order exists and there is probable cause to believe that it was violated.
  2. Mandatory Arrest (6.3.9.2)
    1. An officer shall arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and the person's actions constitute the commission of a crime, and any of the following circumstances are present
      1. The officer has reasonable grounds to believe that continued domestic abuse against the alleged victim is likely.  If the officer's reasonable grounds for belief are based on a report of an alleged domestic abuse incident, the officer is required to make an arrest only if the report is received by the officer or department within twenty‐ eight (28) days after the day the incident is alleged to have occurred.
      2. There is evidence of physical injury to the victim.
      3. The person is the predominant aggressor.
      4. Notwithstanding the requirements of Wis. Stat. §968.07(1), if an officer identifies the predominant aggressor, it is generally not appropriate for the officer to arrest anyone other than the predominant aggressor.
      5. In determining whether to arrest a person, officers should consider whether that person acted in self‐defense or defense of another person.
    2. Arrest is also mandatory if an officer has probable cause to believe that a person has violated any of the following
      1. A domestic abuse restraining order or injunction
      2. A child abuse restraining order or injunction
      3. A harassment restraining order or injunction
      4. A foreign protection order
    3. An officer's decision as to whether or not to arrest may not be based on the consent of the victim to subsequent prosecution or on the relationship of the persons involved.
    4. It is strongly recommended that UW-Platteville Police Officers make an arrest in situations that may not meet the domestic abuse mandatory arrest criteria but in which the officer has reasonable grounds to believe continued domestic abuse against the victim is likely and/or there is evidence of physical injury to the alleged victim.
    5. UW-Platteville Police Officers will wait at least seven days to arrest a parent when probable cause exists to believe that the parent violated Wis. Stat. §948.55(2). This statute forbids reckless storing or leaving a loaded firearm within the reach or easy access of a child under the age of fourteen (14) years and that child obtains the firearm without lawful permission and death or serious bodily harm results.
      1. UW-Platteville Police Officers will not immediately arrest and take a parent into custody when probable cause exists to believe that the parent violated Wis. Stat. §948.60(2)(c). This statute forbids any person from intentionally giving, lending or selling a dangerous weapon if the child discharges the firearm and the discharge causes death to himself/herself or another.
    6. All arrests in domestic abuse incidents are to be referred to the District Attorney’s Office.
    7. If an officer does not make an arrest when he/she has probable cause to believe that a person is committing or has committed a crime, it is mandatory that the officer prepare a written report stating the reason the suspect was not arrested, and forward the report to the District Attorney as soon as possible. The decision not to arrest will be reviewed by the appropriate Supervisor before the report is forwarded to the District Attorney. (6.3.9.5)
    8. If the suspect is not at the scene at the time of the officer’s arrival, reasonable efforts will be made to locate the suspect. If the suspect still cannot be located, the investigating officer will complete an arrest report and request that a warrant be issued for the suspect. (6.3.9.1)   
    9. An officer shall arrest and take a person into custody if he/she has probable cause to believe that the suspect violated the 72‐hour no contact prohibition. The suspect will be held for bail under these circumstances. (6.3.9.2)
  3. Officer Safety at Domestic Violence Incidents
    1. Officers must exercise proper care to protect themselves when handling domestic abuse calls.
    2. An unwillingness on the part of the caller to provide any requested information will not preclude the dispatch of police personnel.
    3. The UW-Platteville Police Department call taker, City of Platteville Dispatch, or Grant County Dispatch should make responding officers aware of all available information surrounding the incident.
    4. The responding officers should coordinate their response time so as to have at least two officers on the scene at the time they enter the location of the incident, unless circumstances require immediate action.
    5. Officers should control access to weapons and the movement of all parties involved, if possible.
  4. Officer Entry into a Residence (6.3.9.1)
    1. Make a legal entry into the residence.
      1. If entry onto private property is refused - don't go away.
        1. Be persistent - knock again. Convey to the person that this attitude is understandable but that the officer is required to make sure there are no serious problems. Indicate that after a short opportunity to look around and ask a few questions and the investigation indicates no problems exist, the officer will leave.
        2. If no response is received from within the residence have the dispatcher attempt to contact the occupants by phone.
        3. If probable cause exists that a crime has been, is being, or is about to be committed, forced entry may be used when there is no other reasonable alternative. The exigent circumstances, all relevant information, including statements from witnesses, the officer’s visual and audio observations, and any damage resulting to the property, should be contained in the officer’s report.
    2. If the initial disturbance call was made by a third party but both parties to the domestic dispute refuse to admit the officer, a breach of peace may have occurred. The officer should be persistent and minimal action should include:
      1. Inform the parties that a call has been received regarding their conduct.
    3. Request voluntary compliance or attempt to determine if exigent circumstances would allow forced entry.
  5. Domestic Violence Investigations and Report Writing

Officers must understand that a thorough investigation and report is crucial in cases of domestic violence.  Officers shall make every effort to preserve all relevant evidence and to conduct a thorough on‐scene and follow‐up investigation of domestic violence incidents.  An Incident Report will be prepared and should include the following:

  1. Victim Information (Domestic Abuse Folder Packet)
    1. Officers must have the victim sign five copies of the completed “Domestic Abuse Contact Prohibition Waiver” form. This form advises the victim of the provisions of Wis. Stat. §968.075(5). The victim must make a choice to either waive or enforce the 72-hour no-contact provision. The form will be read to the victim and the victim should sign the form. If the victim refuses to sign the form, the officer will indicate this on the form. Absent a signed waiver, the 72-hour no-contact provision will be in effect. These forms will be distributed as follows:
      1. Circuit Court
      2. Arrestee
      3.  Jail
      4. Victim
      5. Case File
    2. Provide the victim the “Victim-Witness Rights & Resources” handout, to include victim rights, domestic abuse resources and shelters, and domestic violence victim service provider information. (6.3.9.4)
    3. Complete the “Domestic Abuse Worksheet” with the victim.
    4. Complete the “Confidential & Medical Release Form”.
  1. Arrestee Information (Domestic Abuse Folder Packet)
    1. Notify the arrestee of the 72-hour contact prohibition (if victim enforced) and provide the arrestee with a copy of that form.
    2. Verbal and written statements from the arrestee.  
    3. Photographs of any injuries
    4. Unless there is a signed waiver by an alleged victim, officers releasing a person arrested for domestic abuse shall inform the arrested person orally and in writing of the contact prohibition requirements of Wis. Stat. §968.075, the consequences of violating the requirements and the provisions of Wis. Stat. §939.621 (increased penalty for violating the contact prohibition). The arrested person shall sign an acknowledgment on the written notice, “Domestic Abuse Conditional Release and Contact Prohibition” form, that he/she has received notice of, and understands the requirements, the consequences of violating the requirements and the provisions of Wis. Stat. §939.621. If the arrested person refuses to sign the notice, the person shall not be released from custody.
  2. Officers shall check prior criminal DV convictions for repeat offenders.  According to Wis. Stat. §939.621(1)(b), two prior criminal convictions during the ten-year period prior to the new arrest changes the status of a misdemeanor to a felony.
  3. If the offender is released after signing “Domestic Abuse Conditional Release and Contact Prohibition” form, and posts the necessary bail and is released, officers will contact the victim to notify him/her of the offender’s release. (6.3.9.3)
  4. If officers transport the offender to the Grant County Jail to be held on domestic abuse related charges, the officers will request that the jail notify the department when the offender is released.  Once the department receives notification of an offender’s release, the department will, in turn, notify the victim that the offender has been released. (6.3.9.3)
  5. Document and photograph any property damaged. Note if a particular item belonged to one of the parties.
  6. Appropriate evidence should be collected and processed;
  7. Determine if there is a history of police calls, threats, or physical abuse and/or alcohol/drug abuse incidents involving the parties.
  8. If children are present - Remove any children from the area and keep them in a safe place away from the dispute and enforcement actions that may be taken involving either of their parents. 
    1. Take care to protect children from further trauma and/or anguish.
    2. Attempt to contact the closest relative to provide care if there are children under the age of 17.
    3. If possible do not arrest a parent in front of their children.
    4. Obtain a statement from the children as to what they observed, any verbal or physical abuse or other violence that they may have seen leading up to the incident and in the past directed at the children, the parents or pets.
    5. If the disposition of a dispute leaves minors in the home without a responsible adult, officers are to contact the appropriate Grant County Department of Social Services for temporary arrangements.
    6. When an officer is aware that a child appears to be a victim of physical and/or sexual abuse, potential emotional stress, or neglect, the officer will contact Grant County Department of Social Services.
  1. Release of Arrested Subjects
    1. Immediate release of a person arrested pursuant to mandatory arrest criteria is prohibited.
    2. Delayed release is permitted if:
      1. Arrested subjects post an appropriate bond prior to release or
      2. Arrested subjects appear before a judge for an initial appearance
    3. In the event a subject is released:
      1. Officers will advise jail staff where the subject is detained of all applicable charges and provide instructions pertaining to the release of arrested subjects.
      2. Reasonable attempts will be made to notify victims of domestic abuse of the procedure for releasing the arrested person and the likelihood and probable date and time of the arrested person’s release. In person notification is the preferred method of contact. (6.3.9.3)
      3. The manner in which the victim is notified will be documented, as well as unsuccessful attempts to contact the victim. (6.3.9.3)
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