St. Petersburg Police on Domestic Violence
The St. Petersburg Police Department issued General Order I.O. V.5:18 regarding domestic violence involving employees of the St. Petersburg Police Department. The general order was last updated in August of 1994.
The purpose of the general order is to establish procedures for an employee of the St. Pete Police Department being served with a notice of a Domestic Violence Court Order.
The general order also explains how firearm and ammunition restrictions will be imposed on such an employee.
Attorney for Domestic Violence in St. Petersburg, FL
If you were arrested for domestic violence in St. Petersburg, FL, it is helpful to understand the direct and collateral consequences of the criminal charge or a conviction.
Contact us to learn more about how crimes for domestic violence battery are prosecuted in Pinellas County, FL.
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Consequences of a Domestic Violence Order
The general order also establishes the procedures for employees who are in violation of the Amended Gun Control Act of 1968 by being convicted of a misdemeanor crime of domestic violence against an intimate partner and prohibits access to any firearm or ammunition as a result of such a conviction.
According to section II(A) of General Order I.O. V.5:18, any employee who becomes subject to a Domestic Violence Court Order, either temporary, ex parte, or permanent, shall not transport, ship, receive or possess any firearm or ammunition, except that which may be specifically required while on duty and while performing tasks assigned by the agency.
If an employee of the St. Petersburg Police Department has been convicted of a misdemeanor crime of domestic violence against an intimate partner, which is a violation of the Amended Gun Control Act of 1968, then the employee is not permitted to ship, transport, possess, or receive firearms or ammunition, unless the conviction has been expunged, set aside, pardoned, or the employee has their civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense).
Any firearms or ammunition in possession must be relinquished to a third party.
Definitions in Domestic Violence Cases
The term “misdemeanor crime of domestic violence” is defined as an offense that:
- Is a misdemeanor under federal or state law; and
- Has as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon against an intimate partner.
As it pertains to the Gun Control Act of 1968, the term “intimate partner” is defined as the current or former spouses, parents or guardians, persons who share a child in common, persons who cohabit or have cohabited as a spouse, parent, or guardian, or persons similarly situated as a spouse, parent or guardian.
As it pertains to Domestic Violence Court Orders, the term “intimate partner” is defined as spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time (§741.28, F.S.S.).
The term “ex parte” is defined as done for, in behalf of, or on the application of one party only.
The term “court order” is defined as any temporary, ex parte or permanent direction of a court or judge including, but not limited to an order, court order, restraining order, injunction or domestic violence injunction, made or entered in writing, which meets the legal requirements described in this Order, for the benefit of an intimate partner or child of the person to whom the court order is directed.
Reporting the Issuance or Amendment of a Court Order
Employees of the St. Petersburg Police Department who become subject to a court order meeting the requirements described in this Order, are required to take affirmative steps to comply with the court order, and shall provide a copy of the court order to their immediate supervisor as soon as practicable.
First, the supervisor must route copies of the court order, through the Chain of Command to the Bureau Assistant Chief and the Legal Division and conduct periodic inspection(s) of any Department-issued weapons to ensure they are obtained and secured as required.
Second, employees of the SPPD subject to a Domestic Violence Court Order, which is modified or amended, shall provide a copy of the amended Order to their supervisor as soon as practicable. This document shall be distributed in the same manner as the original.
If the service of a Domestic Violence Court Order is attempted at Police Headquarters, Information Desk personnel shall inform the appropriate supervisor who shall arrange for proper service.
This article was last updated on Thursday, September 9, 2021.
