A victim can report a crime, either by calling 911 for emergency assistance or going in person to the Police Department/Sheriff’s Department. The Police Department will send an officer out to investigate the crime, by interviewing witnesses and collection of evidence. If the officer determines that no crime has occurred, then no further action will be taken.

In Monroe County, the police have a mandatory arrest policy. If the officer determines that probable cause exists that a domestic violence crime has been committed, the officer must arrest the suspect. The officer will arrest the defendant (if the defendant is still present) or request a warrant for the defendant (if the defendant has fled). If the defendant is arrested and charged with a crime of domestic violence, the defendant must spend 12 hours in jail  (a “cooling off” period) before they can be released on bail.

In crimes of domestic violence, the officer is required to give the victim a written Notice of Victims' Rights. This Notice provides information on the legal rights that victims of domestic violence have under the law.

The police officer will ask the victim if he/she wants to be notified when the defendant is released. If yes, the officer will have the victim fill out a “Victim Notification Of Release From Jail” form. A victim of any offense against the person, intimidation, harassment or stalking has the right to be notified of the suspect’s release from custody before the suspect is released.

In addition, the officer will give the victim a copy of the “Domestic Violence Referral Form”, which provides information on victim assistance, shelters, No Contact Orders and Protective Orders and safety tips.

The police officer will take photographs of any injuries and request that the victim write out a sworn statement that describes the incident. Medical care will be arranged for, if needed.

What happens after a victim has filed a police report? No Contact Orders?

When a defendant is arrested, he/she is entitled to reasonable bail. If the defendant is released on bail, he/she must sign a No Contact Order (“NCO”) as a condition of pretrial release. This NCO is a judicial order that the defendant refrain from contacting the protected person until after the criminal case is disposed of, either through a guilty plea or trial. If the defendant violates the NCO, the protected person should call police and report that the defendant is violating the NCO. The police can arrest the defendant on Invasion of Privacy charges.