41E-Domestic Violence- 2019 - Laserfiche WebLink

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41E-Domestic Violence Policy and Procedure Page 2 of 37 • Enhance the safety of victims, their children, and anyone else living in the home; • Take appropriate action for any violation of permanent, temporary, or emergency orders of protection; • Promote the safety of law enforcement personnel responding to incidents of domestic violence; • Provide victims or witnesses of domestic violence with support and assistance through cooperative efforts with community stakeholders in order to prevent further abuse and harassment. (Community stakeholders are individuals and entities in the community who work to foster effective intervention in and prevention of domestic violence. Entities include, but are not limited to, law enforcement agencies, prosecutors, parole, probation, community based domestic violence and sexual assault programs, social service agencies, adult and child protective services, clergy, educators, government agencies, animal welfare organizations, businesses and employers.); and • Effect an arrest of the dominant aggressor upon establishment of probable cause through a thorough investigation. • Understand that in some instances, where physical violence may be present, the “aggressor” may have serious mental health impairments (such as Autism Spectrum Disorders) that may render the “aggressor” incapable of understanding what [s]he is doing. Involuntary hospitalization or some other reasonable measure may be taken to insure the safety of all the individuals involved. DEFINITIONS A. Abuse: For the purposes of this policy, the term "abuse" is defined by M.G.L. c. 209A, § 1, as the occurrence of one or more of the following acts between family or household members: 1. Attempting to cause or causing physical harm; 2. Placing another in fear of imminent serious physical harm; or 3. Causing another to engage involuntarily in sexual relations by force, threat or duress. B. Family or Household Members: For the purposes of this policy, the term “family or household member” shall include any of the following: 1. Persons who are or were married to one another; 2. Persons who are or were residing together in the same household; 3. Persons who are or were related by blood or marriage; 4. Persons who have a child in common regardless of whether they have ever married or lived together; or 5. Persons who are or have been in a substantive dating or engagement relationship. This includes relationships involving an individual or individuals who identify as gay, lesbian, bi-sexual or transgender. C. Licenses: For the purposes of this policy, the term “license”, as defined in M.G.L. c.140, §§122, 122B, 129B, and 131, shall include all of the following: 1. Class A license to carry firearms; 2. Class B license to carry firearms;