Chicago Police DepartmentSpecial Order S04-04
Domestic Incidents
Issue Date:28 December 2012Effective Date:28 December 2012
Rescinds:30 July 1999 Version; G99-07
Index Category:Preliminary Investigations
I.Purpose
This directive informs Department members of the procedures and responsibilities related to domestic incidents. Department members will refer to the General Order titled "Domestic Incidents" for policy, guidelines, and initial investigative response procedures.
II.Arrest Procedures
  • A.Felony Upgrades for Domestic Battery and Violation of an Order of Protection
    • 1.Previous Convictions
      • a.Both Domestic Battery (720 ILCS 5/12-3.2) and Violation of an Order of Protection can be upgraded to a felony charge if the offender has a previous conviction, regardless if it is the same victim. However, the previous victim must be an IDVA family or household member for:
        • (1)Domestic Battery,
        • (2)Violation of an Order of Protection,
        • (3)Aggravated Battery (720 ILCS 5/12-4); Stalking (720 ILCS 5/12-7.3); Aggravated Stalking (720 ILCS 5/12-7.4); Unlawful Restraint (720 ILCS 5/10-3); Aggravated Unlawful Restraint (720 ILCS 5/10-3.1); First Degree Murder (720 ILCS 5/9-1); Attempt First Degree Murder (720 ILCS 5/8-4); Aggravated Domestic Battery (720 ILCS 5/12-3.3); Heinous Battery (720 ILCS 5/12-4.1); Aggravated Battery with a Firearm (720 ILCS 12-4.2); Aggravated Battery of a Child (720 ILCS 5/12-4.3); Aggravated Battery of an Unborn Child (720 ILCS 5/12-4.4); Aggravated Battery of a Senior Citizen (720 ILCS 5/12-4.6); Criminal Sexual Assault (720 ILCS 5/12-13); Aggravated Criminal Sexual Assault (720 ILCS 5/12-14); Predatory Criminal Sexual Assault of a Child (720 ILCS 5/12-14.1); Aggravated Criminal Sexual Abuse (720 ILCS 5/12-16); Kidnapping (720 ILCS 5/10-1); Aggravated Kidnapping (720 ILCS 5/10-2); Aggravated Arson (720 ILCS 5/20-1.1); and Aggravated Discharge of a Firearm (720 ILCS 5/24-1.2), when any of these offenses were committed against a family or household member.
      • b.On a Criminal History Sheet, the following dispositions constitute convictions:
        • (1)Incarceration in a penal institution (including time considered served)
        • (2)Probation
        • (3)Conditional discharge.
          NOTE:
          Supervision does not constitute a conviction for the purposes of upgrading a Domestic Battery or Violation of an Order of Protection charge.
    • 2.When an offender to be charged with Domestic Battery or Violation of an Order of Protection has been brought to the district station, the arresting officer will:
      • a.immediately contact the Records Division, Instant Update Unit (IUU) to notify IUU that the arrestee is in custody for Domestic Battery and/or Violation of an Order of Protection and provide the following information:
        • (1)name of arrestee,
        • (2)arrestee's date of birth,
        • (3)order of protection number, if applicable, and
        • (4)probable charges.
      • b.document in the narrative of the arrest report the name and star or employee number of the Department member contacted at IUU.
      • c.notify the station supervisor that a felony upgrade is likely if a prior conviction for an offense outlined in Item II-A-1 exists.
      • d.if the fingerprint clearance criminal history indicates a prior conviction for an offense outlined in Item II-A-1, contact the appropriate Bureau of Detectives Area and request the assignment of a detective for the purpose of upgrading the charge.
    • 3.The IUU will:
      • a.prioritize the review of the fingerprint-verified Chicago Police Department and Illinois State Police criminal history of the offender.
      • b.update the Criminal History Sheet to reflect the disposition on all previous arrests for Domestic Battery, Violation of an Order of Protection, Aggravated Battery, Stalking, Aggravated Stalking, Unlawful Restraint, Aggravated Restraint, First Degree Murder, Attempt First Degree Murder, Aggravated Domestic Battery, Heinous Battery, Aggravated Battery with a Firearm, Aggravated Battery of a Child, Aggravated Battery of an Unborn Child, Aggravated Battery of a Senior Citizen, Criminal Sexual Assault, Aggravated Criminal Sexual Assault, Predatory Criminal Sexual Assault of a Child, Aggravated Criminal Sexual Abuse, Kidnapping, Aggravated Kidnapping, Aggravated Arson, or Aggravated Discharge of a Firearm.
      • c.When a Criminal History Sheet indicates a previous conviction for Aggravated Battery, Stalking, Aggravated Stalking, Unlawful Restraint, Aggravated Unlawful Restraint, First Degree Murder, Attempt First Degree Murder, Aggravated Domestic Battery, Heinous Battery, Aggravated Battery with a Firearm, Aggravated Battery of a Child, Aggravated Battery of an Unborn Child, Aggravated Battery of a Senior Citizen, Criminal Sexual Assault, Aggravated Criminal Sexual Assault, Predatory Criminal Sexual Assault of a Child, Aggravated Criminal Sexual Abuse, Kidnapping, Aggravated Kidnapping, Aggravated Arson, or Aggravated Discharge of a Firearm:
        • (1)research whether or not the prior offense was committed against a family or household member by reviewing Department records or contacting Felony Review when necessary, and
        • (2)update the Criminal History Sheet with this information.
      • d.according to the guidelines in Items II-A-1, stamp the Criminal History Sheet "Prior Conviction - Domestic Battery/VOOP - Eligible for Upgrade" or "No Qualifying Conviction - Domestic Battery/VOOP - Not Eligible for Upgrade," as appropriate.
      • e.fax the updated Criminal History Sheet to the requesting unit.
    • 4.If the arresting officer is not available when the Criminal History Sheet identifying a prior conviction for an offense outlined in Item II-A-1 is received in the district, the station supervisor will assume responsibility for notifications to the Bureau of Detectives Area.
    • 5.The Bureau of Detectives is responsible for the follow-up investigation and will ensure that the appropriate complaints are completed.
      NOTE:
      If a separate felony charge is being pursued, the investigative unit assigned the follow-up investigation will also handle the felony upgrade on the Domestic Battery or Violation of an Order of Protection charge.
  • B.If the arrestee is a City of Chicago employee, including a Police Department employee, the arresting officer will notify the station supervisor and the Crime Prevention and Information Center (CPIC), following the procedures outlined in the Department directive entitled "City of Chicago Employee Arrest Notification."
III.Other Responsibilities
  • A.The Office of Emergency Management and Communications will:
    • 1.give all domestic violence complaints a Priority One dispatch, the same priority as any other in-progress, life-threatening situation.
    • 2.make every effort to obtain the following information, considered to be vital in domestic violence incidents:
      • a.the relationship between the parties involved;
      • b.whether any injury has occurred;
      • c.the caller's identity and exact location. Although witness callers have the right to remain anonymous, call-takers will attempt to obtain this information;
      • d.whether any weapons are involved or are present at the location of occurrence;
      • e.whether the offender is present, and if not, where the offender may be located;
      • f.description of the wanted vehicle, if applicable;
      • g.the offender's name, description, and if the offender is under the influence of alcohol and/or drugs;
      • h.whether children are present or injured; and
      • i.whether an order of protection is in effect. When possible, the OEMC dispatcher should identify the order of protection in LEADS and relay information about its existence, the expiration date, the protected parties and the applicable remedies to the responding members.
    • 3.make every effort to dispatch at least two members to every domestic violence incident and provide the assigned member(s) with all the vital information concerning the incident.
    • 4.dispatch a supervisor to the scene when the dispatcher is aware that the domestic incident involves a Department member.
    • 5.NOT cancel a request for service for a domestic violence complaint. The assigned members will continue to the scene to verify that assistance is not needed.
    • 6.NOT accept a miscellaneous incident code with "19" as the incident number from the Miscellaneous Incident Reporting Table when an officer is clearing from a domestic incident.
  • B.Bureau of Patrol field supervisors will:
    • 1.respond to domestic violence assignments given to members under their supervision, when practical, to ensure compliance with the IDVA and Department policy.
    • 2.respond to the scene of any domestic incident assigned by the OEMC to ensure that all appropriate procedures are followed.
    • 3.review case reports to ensure that the IDVA reporting requirements have been met.
    • 4.obtain a CR number and follow the procedures outlined in the Department directive entitled "Complaint and Disciplinary Procedures" if a Department member is involved in the domestic incident and a crime/ misconduct by the Department member is alleged.
  • C.The station supervisor will:
    • 1.ensure that arresting officers complete a criminal history name check for anyone arrested for Domestic Battery or Violation of an Order of Protection and that this check is documented in the narrative of the Arrest Report.
    • 2.contact the appropriate Bureau of Detectives Area and request the assignment of a detective for the purpose of an upgrade if the arresting officer is no longer available.
      NOTE:
      The station supervisor will ensure that the arresting officer is notified when charges are upgraded and there is a change in the court information on the Arrest Report.
    • 3.ensure that CPIC has been notified whenever a City of Chicago employee is arrested.
IV.Follow-Up Investigative Responsibility
  • A.The Bureau of Detectives is responsible for the conduct of all domestic incident investigations.
    • 1.The Area youth investigators are responsible for the investigation of domestic incidents involving:
      • a.physical or sexual abuse of a child under 18 years of age by a family or household member, excluding a person of the same sex or opposite sex who is having or has had a dating or engagement relationship with the child when this person:
        • (1)is not living in the child's home, and
        • (2)is not related to the child by blood or by present or prior marriage.
      • b.child abductions, excluding luring by stranger.
      • c.Unlawful Visitation Interference (720 ILCS 5/10-5.5) as the most serious offense.
      • d.neglect and dependency of a child.
    • 2.The investigation of all other domestic incidents will be handled by Area detectives, including the following child-involved domestic incidents:
      • a.domestic violence cases between adult victims and offenders (18 years of age and older) that involve incidental injury to a child.
      • b.domestic incidents involving physical or sexual abuse of a child under 18 years of age by a person of the same sex or opposite sex who is having or has had a dating or engagement relationship with the child when this person:
        • (1)is not living in the child's home, and
        • (2)is not related to the child by blood or by present or prior marriage.
  • B.The assigned Area youth investigator or Area detective will:
    • 1.ensure compliance with all IDVA law enforcement mandates and Department policy.
    • 2.inform the victim of the City of Chicago's toll-free confidential 24-hour Domestic Violence  Help Line .
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
97-018 / 12-003 MTB/JO/MLS (JB)
PHONE BOOK:
1.
Domestic Violence Hot Line
877-863-6338
TTY: 877-863-6339
24-hour
2.
Domestic Violence Court
555 W Harrison St., Chicago, IL
GLOSSARY TERMS:
ADDENDA:
1.S04-04-01 - Orders of Protection - Procedures
2.S04-04-02 - No Contact Order