Domestic Incident Report Page 2
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1
2Quick Reference Guide
(PRIOR DV HISTORY?)
“Has ________ ever hurt you, threatened harm to you or others, made you afraid, or
forced you to do something that you didn’t want to do (prior to this incident)?”
(VICTIM FEARFUL?) “
Are you currently concerned or in fear for your safety or the safety of someone else be-
cause of _______’s behavior?”
(Note: Document specific fear and reasons for it. Fear may be an element of an
offense (e.g. menacing, coercion, stalking, etc.). Also, document in statement of allegations.
INFORM VICTIM.
“A victim advocate can help you with SAFETY PLANNING, an important issue to be
discussed with a local service provider. On the back of a form that I will give you are some phone numbers
that can assist you. Do you need assistance with making arrangements for transportation to another
location
?”
Note: CPL 530.11(6) requires a police officer to advise a victim of local available services. )
Officers are NOT required to arrest each person in dual complaint situations.
Officers must identify the PRIMARY PHYSICAL AGGRESSOR. Consider injuries, threats of past and future harm, history of domestic
violence, and self-defense responses. An ARREST DECISION shall NOT be based on the willingness of a person to testify or participate in a
judicial proceeding (refer to the Primary/Dominant Aggressor Law, (CPL 140.10 (4)(c)).
Other Possible Offenses
Often Committed Offenses
Below is a list of some frequently seen offenses
in domestic violence incidents.
st
Agg. Assault Person under 11 (
Agg. Sexual Abuse 1
(130.70; B Felony)
120.12; E Felony)
nd
REMEMBER to CHARGE all relevant of-
Agg. Criminal Contempt (215.52; D Felony)
“
2
(130.67; C Felony)
st
rd
fenses and charge at the highest degree
Agg. Harassment 1
(240.31; E Felony)
“
3
(130.66; D Felony)
th
appropriate for the circumstances.
Aggravated Cruelty to Animals
“
4
(130.65-a; E Felony)
(NY Agr & M
st
Section 353-a; Felony)
Computer Tampering 1
(156.27; C Felony)
st
nd
Assault 1
(120.10; B Felony)
“
2
(156.26; D Felony)
st
rd
Burglary 1
(140.30; B Felony)
“
3
(156.25; E Felony)
nd
th
“
2
(140.25; C Felony)
“
4
(156.20; A Misd.)
rd
“
3
(140.20; D Felony)
Computer Trespass (156.10; E Felony)
Family Offenses
st
Robbery 1
(160.15; B Felony)
Criminal Possession of a Dangerous Weapon
nd
st
“
2
(160.10; C Felony)
1
(265.04; B Felony)
st
Coercion 1
(135.65; D Felony)
Criminal Possession of a Weapon
nd
nd
“
2
(135.60; A Misd.)
2
(265.03; C Felony)
(refer to CPL articles 140 and 530)
st
rd
Criminal Contempt 1
(215.51; E Felony)
“
3
(265.02; D Felony)
nd
th
nd
Aggravated Harassment 2
“
“
4
(265.01; A Misd.)
(240.30; A Misd.)
2
(215.50; A Misd.)
st
st
Criminal Sexual Act 1
(130.50; B Felony)
Criminal Mischief 1
(145.12; B Felony
nd
Assault 2
(120.05; D Felony)
nd
nd
“
2
(130.45; D Felony)
“
2
(145.10; D Felony)
rd
Assault 3
(120.00; A Misdemeanor)
rd
“
3
(130.40; E Felony)
rd
“
3
(145.05; E Felony)
Attempted Assault
st
Criminal Tampering 1
(145.20; D Felony)
th
“
4
(145.00; A Misd.)
nd
st
“
2
(145.15; A Misd.)
Criminal Trespass 1
(140.17; D Felony)
Disorderly Conduct (240.20; Violation)
rd
nd
“
3
(145.14; B Misd.)
“
2
(140.15; A Misd.)
st
rd
Criminal Use of a Firearm 1
(265.09; B Felony)
“
3
(140.10; B Misd.)
st
Harassment 1
(240.25; B Misd.)
nd
“
2
Endangering Welfare of Child
(265.08; A Misd.)
(260.10; A Misd.)
nd
Harassment 2
(240.26; Violation)
Criminally Negligent Homicide
(125.10;E Felony)
Endang. Welf. of Vulnerable Elderly Person 1
Endang. Welf. Vulner. Elderly
2nd
(260.32; E Fel.)
(260.34; D Felony)
nd
Menacing 2
(120.14; A Misdemeanor)
st
Facil. a Sex Off. W. a Cont. Sub
. (130.90; D Fel.)
Intimidating Victim or Witness 1
rd
Menacing 3
(120.15; B Misdemeanor)
Forcible Touching (130.52; A Misd.)
(215.17; B Felony)
st
Kidnapping 1
(135.25; A-I Felony)
nd
Intimidating Victim or Witness 2
st
Reckless Endangerment 1
nd
(120.25; D Felony)
“
2
(135.20; B Felony)
(215.16; D Felony)
nd
Reckless Endangerment 2
st
(120.20; A Misd.)
rd
Rape 1
(130.35; B Felony)
Intimidating Victim or Witness 3
nd
“ 2
(130.30; D Felony)
st
(215.15; E Felony)
Stalking 1
(120.60; D Felony)
rd
“ 3
(130.25; E Felony)
st
nd
Menacing 1
(120.13; E Felony)
Stalking 2
(120.55; E Felony)
Reckless Endanger. of Property
st
(145.25; B Misd.)
rd
Manslaughter 1
(125.20; B Felony)
Stalking 3
(120.50; A Misd.)
st
nd
Sexual Abuse 1
(130.65; D Felony)
Manslaughter 2
(125.15; C Felony)
th
Stalking 4
(120.45; B Misd.)
nd
st
“
2
(130.60; A Misd.)
Murder 1
(125.27; A-I Felony)
rd
nd
“
3
(130.55; B Misd.)
Murder 2
(125.25; A-I Felony)
Sexual Misconduct (130.20; A Misd.)
Resisting Arrest (205.30; A Misd.)
Tampering with a Witness 1st (215.15; B Fel.)
st
Unlawful Imprisonment 1
(135.10; E Felony)
nd
“
2nd (215.12; D Fel.)
“
2
(135.05; A Misd.)
“
3rd (215.11; E Fel.)
“
4th (215.10; A Misd.)
Unauth. Use of a Vehicle 1st
(165.08; D Fel.)
nd
“
2
(165.06; E Fel.)
rd
“
3
(165.05; A Misd.)
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