Domestic Violence is one
of the most serious crimes affecting our society today. The affects on
victims, children and our community can be devastating.
Under Pa. Crimes Code §2711. Probable Cause Arrests in Domestic Violence
Cases.
(a) General rule. - A police officer shall have the same right of arrest
without a warrant as in a felony whenever he has probable cause to
believe the defendant has violated section 2504 (relating to involuntary
manslaughter), 2701 (relating to simple assault), 2702(a)(3), (4) and
(5) (relating to aggravated assault) or 2705 (relating to recklessly
endangering another person) against his spouse or other person with whom
he resides or has formerly resided although the offense did not take
place in the presence of the police officer. A police officer may not
arrest a person pursuant to this section without first observing recent
physical injury to the victim or other corroborative evidence.
(b) Seizure of weapons. - The arresting police officer shall seize all
weapons used by the defendant in the commission of the alleged offense.
(3) An order preventing the abuser from entering your residence, school,
business or place of employment.
(4) An order awarding you or the other parent temporary custody of or
temporary visitation with your child or children.
(5) An order directing the abuser to pay support to you and the minor
children if the abuser has a legal obligation to do so."
(Chgd. by L.1990, Act 206(3), eff. 3/19/91.)
The primary objective in responding to domestic violence calls is to
de-escalate violent situations, to protect victims, to reduce officer
injury, to reduce repeat calls, to enforce the law against violators, to
effect community safety, and to facilitate prosecution, where
applicable. The purpose of responding to these calls is also to protect
the victim and summon emergency medical care if needed, and to further
protect the victim by informing her/him of community resources available
such as shelter facilities and support programs.
Shippensburg Police Department introduced a new domestic violence policy
to its officers and to the community. It is the policy of the
Shippensburg Police Department that if an officer has probable cause to
believe that a person has committed a crime involving domestic abuse,
whether the crime is a misdemeanor or felony, and was committed within
or without the presence of the officer, the preferred response of the
officer is arrest. This pro- arrest policy encourages officers to make
arrests when probable cause exists, while still allowing the officer to
evaluate the dynamics of the situation in making an arrest
determination.
The overall message to our community regarding domestic violence it
this: If you are a victim of domestic violence, we want to help you get
out of your difficult situation. Many times the answers aren't as easy
for victims as "just leave." We want to help you get out and stay out
through the available resources of our community and the criminal
justice system.
If you are a perpetrator of domestic violence our message is this:
Physically abuse your spouse, child or significant other and you will go
to jail. The Shippensburg Police Department is committed to presenting
strong cases against perpetrators of domestic violence to help secure a
successful prosecution.
Domestic Violence
Service of Cumberland & Perry County