On the agenda: Stow meeting — ALPR (Mar 10)

AGENDA
SELECT BOARD
March 10, 2026
6:30 p.m.
Town Building & Zoom
The public may attend the Select Board meetings in person or may participate via remote Zoom access.
Join Zoom Meeting
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1. Public Comment
2. Board Member Updates
3. Town Administrator’s Report
4. Public Hearing – 7:30 p.m.
o Transfer of Liquor License – Stow Food & Beverage LLC, dba Stow Acres Country Club to
Stowe Acres Equities, LLC
5. Discussion and Possible Vote
o Discussion of grievance regarding the Police Chief decision to eliminate the special officer
position within the Stow Police Department.
o Representative Kate Hogan with a State Legislative update
o Police Policies and Procedures
 Updated Sergeant Promotion 4.34
 Updated Domestic Violence Response Policy 1.30
o Ratification of Lieutenant Kellie Barhight’s Employment Contract for July 1, 2026, thru June 30,
2029
o Vote to add "Randall Library Trustee, unexpired 3 year term, expiring 2027" to the May 16,
2026, Annual Town Election ballot.
6. Meeting minutes
o February 10, 2026
7. Board Correspondence
8. Adjournment
Correspondence Received:
2/11/26 from Chief Michael Sallese; Update on ALPR (Flock Safety) Program and Camera Deployment
3/6/26 from Chief Michael Sallese; Letter of Commendation
3/2/26 from Susan Perry; Citizens Petition re: Common Road
3/4/26 from Marcus Dion; Kingland Road Condition
3/3/26 from ZBA; Public Hearing Notice: March 23, 2026 at 7p, Application filed for an Appeal from a Decision
of the Building Commissioner re: 41 Birch Hill Road
Posted Friday, 3/6/2026

Town of Stow
POLICE DEPARTMENT
305 Great Road
Stow, Massachusetts 01775
(978) 897-4545

FAX (978) 897-3692

[email protected]
Michael Sallese
Chief of Police

March 4, 2026
Select Board
380 Great Road
Stow, MA 01775
RE: Updated Policy 4.34 Sergeant Process
Continuing our commitment to maintaining policies that reflect fairness, transparency, and
contemporary best practices in law enforcement administration, the department has completed a
comprehensive update to Policy 4.34 – Sergeant Promotion Process.
This revision is the result of a collaborative process initiated by the Union. The Union formally
requested discussion regarding modifications to the existing promotional structure and provided
substantive input throughout the review. After careful consideration and discussion, I agreed
with the proposed changes, incorporating several administrative adjustments to ensure alignment
with operational needs, accreditation standards.
The updated policy maintains merit-based promotional standards while enhancing clarity,
structure, and objectivity within the process. Key updates include:
 Clear articulation of eligibility standards, including time-in-service equivalencies and
POST compliance requirements.
 Defined weighting of promotional components, including written examination,
assessment center, panel interviews, training, education, seniority, and veteran
preference.
 Establishment of a two-year promotional eligibility list for candidates scoring 80% or
higher.
 Clarification of the appeal process and review authority.
 Formalization of confidentiality, records retention, and promotional material destruction
procedures consistent with accreditation standards.
 Explicit reaffirmation that promotions are based on merit and performance, not favoritism
or seniority alone.
Within the attached policy:
• Highlighted text represents new language
• Strikeout text reflects outdated language removed

Stow Police Department

These revisions ensure our promotional practices remain structured, defensible, transparent, and
aligned with both accreditation standards. The updated policy preserves the authority of the
appointing authority while clearly defining the evaluation framework used to identify the most
qualified candidate.
I respectfully request that the Select Board review and approve the updated Policy 4.34 as
submitted.
Respectfully Submitted,

______________________
Michael Sallese, Chief of Police

Stow Police Department

Next Review Date

STOW POLICE DEPARTMENT
Subject:

Effective Date

Sergeant Promotion

Rev:

Expiration Date

Category: Administration

Indefinite

MASSACHUSETTS POLICE ACCREDITATION
STANDARDS
REFERENCED:34.1.1; 34.1.2; 34.1.3; 34.1.5; 34.1.6; 34.1.7

Distribution
Sworn Personnel
Non-Sworn Personnel

I.

Annually

POLICY
4.34

Issuing Authority

Michael Sallese
Michael Sallese
Chief of Police

PURPOSE
Our department’s commitment to developing employees to take on increasing levels of
authority, responsibility and leadership is embodied in promotions. Eligible candidates
have an opportunity to apply and participate in the promotion process as set forth in this
policy.
Promotions must be based upon the merits of the individuals and their personal
performance in the promotion process, and never on favoritism or seniority alone. A
promotion is an investment in the future, not only for the department, but also for the
employees who will be supervised and guided by the promoted member.

II.

POLICY

This policy applies to promotions for sworn personnel only.
It is the policy of the department that:
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Policy & Procedure # 4.34 SGT PROMOTIONS

1. It is the policy of this department to promote employees based upon their training,
experience, and merit, in accordance with the Collective Agreement between Local
206 and the Town.
2. No employees will be denied promotion based upon any discriminatory criteria,
including, but not limited to, their sex or sexual orientation, race, religion, nationality
or union membership.

III.

DEFINITIONS
A. Time in Grade– The number of years and months that an employee has held a specific
rank or pay grade.
B. Bypass - The selection of a person or persons whose name or names, by reason of
score, merit preference status, court decree, decision on appeal from a court or
administrative agency, or legislative mandate, appear lower on a certification than a
person or persons who are not appointed and whose names appear higher on said
certification.

IV.

PROCEDURES
A. PROMOTION PROCESS [34.1.1]
1. DEPARTMENT ROLE IN THE PROMOTION PROCESS: This department
shall notify employees of the promotion process, and shall provide testing
and performance evaluations, and shall evaluate training, experience,
seniority, and work history. The results of selection evaluations shall be
reported to the appointing authority. [34.1.1]
2. PROMOTION PROCESS MANAGER: The Chief of Police and Town
Administrator shall manage and coordinate promotions within this
department and shall have the authority necessary to carry out the duties of
the position. The duties shall include the following: [34.1.2]
a. Be knowledgeable of the promotion processes for all employees;
b. Provide and post any written announcements of any scheduled
promotional opportunities;
c. Maintain data on eligibility requirements for positions above entry
level;
d. Maintain copies of active promotion lists;
e. If used, coordinate with any companies or consultants contracted to
participate in the promotion process;
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Policy & Procedure # 4.34 SGT PROMOTIONS

f. Coordinate with any other government agencies or entities
involved in the promotion process; and
g. Protect the integrity of the promotional process by ensuring that all
promotional materials, documents, scores, evaluations forms, and
completed evaluations remain confidential and are kept in a secure,
locked location. [34.1.3(h)]
h. Promotional materials shall be retained for at least three years.
Once a promotional process has been completed, all appeals have
been exhausted or appeal periods have expired, and no litigation is
pending, promotional materials shall be destroyed by shredding.
B. NOTICE OF PROMOTION
1. All promotions will be posted internally for 7 days, prior to any external
posting, which will remain posted for a period of an additional 7 days.
2. No outside recruiting will occur during the 7 days of internal posting
3. Such internal notice shall be;
a.
b.
c.
d.
e.

Include all of Section B-4
Posted in a prominent place;
Forwarded to supervisors to be read at roll-call;
Sent to all affected personnel in the form of an e-mail; and
Mailed to any officers who are out sick or injured, on extended
leave, on active military duty, or otherwise not likely to receive
notice.

4. The internal and external notice shall include:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Job descriptions with eligibility requirements
Method of applying;
The selection process;
Method of applying;
Process for promotion;
Candidate Process
Reading materials (if required)
Closing date for each step;
Duration of the process; and

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Policy & Procedure # 4.34 SGT PROMOTIONS

C. ELIGIBILITY
1. To be eligible for promotion to each successive rank
a. An officer must be a full time officer for at least five (5) years or
five (5) years equivalent (10,000 patrol shift hours).
a. If applying under equivalent, officer must provide
documentation the standard is met.
b. Officers must be in good standing with POSTC, (no revoked,
suspended or decertification status)within their department or if a
member of Stow Police with the Stow Police Department.
c. An officer must be a permanent police officer.
d. Reserve officers are not eligible for promotion to permanent ranks
is section (a) is met.
e. Ineligible officers may not reapply until such time that they
become eligible. [34.1.3(f)]
D. PROCESS [34.1.3(D)]
1. Promotional announcement with Sergeant Job Description
2. Cover Letter and Resume to the Chief on intent to take part in Sergeant
Process
3. Internal and External Candidates provide a cover letter and resume to the
Chief.
4. Essay questions give to candidates
5. Essay questions turned into Promotional Board
6. Sergeant Promotional Board to review, score and rank essays
7. Promotional Board interview
8. Candidates scored, reviewed and ranked by Promotional Board
9. Scores, Ranking, Notes on Candidates and essay given to area Command
Interview Board.
10. Command Interview Board (Area Police Chiefs) Interview
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Policy & Procedure # 4.34 SGT PROMOTIONS

11. Command Board score and rank candidates
3. Promotional Examination and Assessment Center by Certified Public Safety
Consulates
4. Top 3 Candidates interview with Promotional Panel (Town Administrator,
Police Chief, Lieutenant, Assistant Town Administrator/HR Director, and a
Stow Police Sergeant)
1. Interview Panel shall not have access to scoring of candidates from the
written exam and assessment prior to the conclusion of the interview
process.
12. Top 3 Candidates interview with Town Administrator and Police Chief
E. CANDIDATE EVALUATIONS [34.1.3(A)]
1. The Chief and Town Administrator shall have the right to select the
individual that they believe to be the best candidate for the position. In
making their decision, they shall consider criteria which may include but not
be limited to: [34.1.1] [34.1.2]
a. Resumes and cover letters will be reviewed by the Promotional
Panel as outlined above.
b. Assessment Center 80%
a. 100-question multiple choice written exam 40%
i. A reading list will be provided
ii. Minimum of 70% must be achieved to proceed to
the assessment center.
b. 5 Scenario Based assessment 40%
i. Assessment Center, candidates will participate in a
series of individual exercises that simulate critical
aspects of the target job. Trained assessors will
observe each candidate’s performance and
responses and evaluate exhibited behaviors on
predefined dimensions that relate to success in the
specific job in question. The Assessment Center is
designed to test, where practicable, the following
Knowledge, Skills, Abilities and Personal Traits
(KSAPs) that have been established as
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Policy & Procedure # 4.34 SGT PROMOTIONS

qualifications for the position which consist of: Oral
Communications, Written Communication,
Interpersonal Insight, Problem Analysis, Judgment,
Decisiveness, Planning and Organizing, Delegation
and Control, Adaptability and Police Ethics.
Candidates should possess a strong knowledge of
modern principles and practices of police work;
supervisory ability; writing skills; ability to plan;
assign and effectively organize activities of
subordinates; ability to read, understand and
communicate to others various written and verbal
departmental directives; ability to instruct others in
proper police methods and procedures; ability to
instruct community leaders and community groups
in an effective and tactful manner; ability to work
well with and gain the respect of subordinates; good
judgement and physical condition commensurate
with the demands of the position
c. Promotional Panel 20%
d. Written Essays or Test, Promotional Board Interview: Weight
20%.
e. Oral Interview with Chiefs: Weight 25%.
f. Oral Interview with Chief and Town Administrator: Weight 25%.
g. Training, education, experience: Weight 15%.
h. Seniority: Weight 10%
i. Veteran: Weight 5%
2. Candidates shall be ranked by the cumulative score, totaling all three
processes at the conclusion of all interviews. If two or more candidates obtain
identical cumulative scores, ranking shall be determined by seniority within
the department, test score, time in service, time in grade. then by time as a
sworn officer. Candidates may also be listed as “tied.”
3. A cumulative score will be reported to each candidate after all candidates
have been interviewed, at a time determined by the Chief of Police and Town
Administrator and prior to being made available to the employees at large.
The score shall also show the employees’ scores on each individual
component of the promotion process.

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Policy & Procedure # 4.34 SGT PROMOTIONS

4. The candidates who scores the highest over a cumulative score 80% will be
considered for selection as outlines in Section G.
5. The department will establish a promotional Sergeant list, for two years, with
all candidates who scored over an 80%, but not selected. The highest
candidate on the list will be chosen for the next promotion, if that candidate
remains in good standing with the department and POSTC.

F. CANDIDATE APPEAL AND REVIEW [34.1.3(E)]
1. Within seven days of receiving notice of individual promotion process
component scores, an employee may appeal to the Select Board. Town
Administrator. They may also refer their decision to the Select Board to
conduct a review of any or all of the components.
2. Employees who appeal scores, shall have the right to challenge in writing
their answers they provided after having access to their responses and answer
key.
3. Upon completion of such review appeal, the employee shall be advised in
writing of the results of the review and in the event of a change, the scores
and ranking shall be adjusted accordingly.
G. CANDIDATE SELECTION [43.1.6(E)]
1. The number of candidates to be included in any final selection for promotion
shall be determined by the appointing authority.
2. The Chief of Police and Town Administrator shall recommend candidates to
the appointing authority in an order of preference.
3. In creating such recommendations, the following shall be considered at a
minimum:
a.
b.
c.
d.
e.

Cumulative score ranking;
Work history;
Sick use history;
Disciplinary history;
Seniority; and
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Policy & Procedure # 4.34 SGT PROMOTIONS

f. Any and all specialty training.
4. PROBATIONARY PERIOD: All employees promoted to a higher rank shall
be subject to a six-month probationary period, and per the CBA new hires
will be subject to the one year probationary period [34.1.7]

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Stow Police Department

Town of Stow
POLICE DEPARTMENT
305 Great Road
Stow, Massachusetts 01775
(978) 897-4545

FAX (978) 897-3692

[email protected]
Michael Sallese
Chief of Police

February 17, 2026
Select Board
380 Great Road
Stow, MA 01775
RE: Updated Policy 1.30 Domestic Violence Response
Continuing our commitment to maintaining policies consistent with statewide best practices, the
department has completed a comprehensive update to Policy 1.30 Domestic Violence Response.
This revision incorporates the 2025 Massachusetts Domestic Violence Law Enforcement Guidelines
in their entirety and aligns departmental procedure with current statutory changes and recommended
operational standards.
The updated policy reflects significant enhancements in several key areas:
• Expanded definitions of abuse, including the statutory recognition of coercive control.
• Updated arrest and investigation standards emphasizing victim/survivor safety and offender
accountability.
• Modernized dispatcher and officer response protocols.
• Strengthened guidance on strangulation, firearms, restraining order enforcement, and highrisk domestic violence assessment.
• Trauma-informed victim interaction standards; and
• Inclusion of new laws addressing non-consensual sharing of intimate images and extended
statutes of limitation.
Within the attached policy:
• Highlighted text represents new language added to comply with the 2025 guidelines and
recent statutory amendments.
• Strikeout text reflects outdated language removed to eliminate conflicts with current law or
best practice.
These revisions ensure our officers operate under clear, legally current, and accreditation-consistent
standards. The policy mirrors statewide expectations while preserving local operation and
accountability. Department members had the opportunity to review the changes and provide
feedback. I respectfully request that the Select Board approve the updated Policy 1.30 as submitted.
Respectfully Submitted,

______________________
Michael Sallese, Chief of Police
Stow Police Department

STOW POLICE DEPARTMENT
Subject:

Domestic Violence Response

Next Review Date
Annually
Effective Date
Rev: 02/05/2026
Expiration Date

Category: Operations

Indefinite

MASSACHUSETTS POLICE ACCREDITATION
STANDARDS
REFERENCED:11.4.5; 26.1.5; 41.1.2; 41.2.1; 41.4.3; 41.4.5;
42.1.4; 42.2.1; 42.2.2; 42.2.3; 54.1.1; 55.1.1; 55.1.3; 55.2.1; 55.2.2;
55.2.4; 55.2.5; 74.1.1; 74.1.2; 74.2.1; 74.3.1; 81.2.4; 81.2.5; 81.2.6;
81.2.9; 82.1.1; 82.1.2; 82.2.1; 82.2.2; 82.2.4; 83.2.2

POLICY
1.30

Distribution

Issuing Authority
Sworn Personnel
Non-Sworn Personnel

I.

Michael Sallese
Michael Sallese
Chief of Police

POLICY
It is the policy of the Stow Police Department to establish guidelines for officers to
respond to domestic violence calls. The primary focus shall be on victim safety, followed
closely by offender accountability; accordingly, a proactive, pro-arrest approach in
responding to domestic violence is a priority. This policy has been established pursuant to
Chapter 260 of the Acts of 2014, An Act Relative to Domestic Violence. The Stow Police
Department shall adopt the guidelines of the Massachusetts Domestic Violence
Guidelines 2025 and shall implement specific operational guidelines consistent with the
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provisions contained in the document.These are the “best known practices” in assisting
victims of Domestic Violence as well as police response.

PURPOSE
It is the policy of the Stow Police Department that officers shall be expected to do the
following:

II.



Establish arrest and prosecution as a preferred means of police response to
domestic violence;



Enhance the safety of victims, their children, and anyone else living in the home;



Take appropriate action for any violation of permanent, temporary, or emergency
orders of protection;



Promote the safety of law enforcement personnel responding to incidents of
domestic violence. and;



Provide victims and witnesses of domestic violence with support and assistance
through cooperative efforts with community stakeholders in order to prevent
further abuse and harassment. Community stakeholders are individuals and
entities in the community who work to foster effective intervention in and
prevention of domestic violence. Entities include, but are not limited to, law
enforcement agencies, prosecutors, parole, probation, community-based domestic
violence and sexual assault programs, social service agencies, adult and child
protective services, clergy, educators, government agencies, animal welfare
organizations, businesses and employers; Please Refer to the attached Appendix
for community resources and Domestic Violence Task Forces; and



Complete a thorough investigation(s) and arrest the dominant aggressor upon the
establishment of probable cause.

DEFINITIONS
Abuse: is defined by G.L. c. 209A, § 1 as the occurrence of one or more of the following
acts between family or household members:


Attempting to cause or causing physical harm;



Placing another in fear of imminent serious physical harm; or
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POLICY & PROCEDURE # 1.30: Domestic Violence



Causing another to engage involuntarily in sexual relations by force, threat or
duress; or



Coercive control.

Coercive Control: Defined by An Act to Prevent Abuse and Exploitation as either:
1. A pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or
compel compliance of a family or household member that causes that family or
household member to reasonably fear physical harm or have a reduced sense of
physical safety or autonomy, including, but not limited to:
a. isolating the family or household member from friends, relatives, or other
sources of support;
b. depriving the family or household member of basic needs;
c. controlling, regulating, or monitoring the family or household member’s
activities, communications, movements, finances, economic resources, or access
to services, including through technological means;
d. compelling a family or household member to abstain from or engage in a specific
behavior or activity, including engaging in criminal activity;
e. threatening to harm a child or relative of the family or household member;
f. threatening to commit cruelty or abuse to an animal connected to the family or
household member;
g. intentionally damaging property belonging to the family or household member;
h. threatening to publish sensitive personal information relating to the family or
household member, including sexually explicit images;
i. using repeated court actions found by a court not to be warranted by existing
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POLICY & PROCEDURE # 1.30: Domestic Violence

law or good faith argument; or
2. A single act intended to threaten, intimidate, harass, isolate, control, coerce or compel
compliance of a family or household member that causes the family or household
member to reasonably fear physical harm or have a reduced sense of physical safety
or autonomy of
a. harming or attempting to harm a child or relative of the family or household
member;
b. committing or attempting to commit abuse to an animal connected to the family
or household member; or
c. publishing or attempting to publish sexually explicit images of the family or
household members.
The Act did not change the definition of family or household member, which continues to
be defined as:
Family Or Household Members:
A. For the purposes of this policy, for all portions EXCEPT the charge of Domestic
Assault and Battery under G.L. c. 265, section 13M, the term “family or household
member” shall include any of the following:


Persons who are or were married to one another;



Persons who are or were residing together in the same household;



Persons who are or were related by blood or marriage;



Persons who have a child in common regardless of whether they have ever
married or lived together; or



Persons who are or have been in a substantive dating or engagement relationship.
This includes relationships involving an individual or individuals, who identify as
gay, lesbian, bisexual, or transgender.

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B. For the purposes of this policy, for the charge of Domestic Assault and Battery under
G.L. c. 265, section 13M ONLY, the term “family or household member” shall
include any of the following:


Persons who are or were married to one another;



Persons who have a child in common regardless of whether they have ever
married or lived together; or



Persons who are or have been in a substantive dating or engagement relationship.
This includes relationships involving an individual or individuals, who identify as
gay, lesbian, bisexual, or transgender.
Important Note: In essence, the broader G.L. c. 209A, section 1 is inclusive of
all types of domestic violence including family, household members, and intimate
partners. However, if charging “Domestic Assault and Battery” under G.L. c.
265, section 13M, it only applies to those persons who meet the “intimate partner”
definition. All other domestic violence situations would be charged with a simple
A&B, A&B DW, or whatever is appropriate given the circumstance.

Substative Dating Relationships: Officers will gather information to determine whether a
substantive dating relationship exists. Officers will examine the same factors which the courts
review when making this determination, including:
1.

the length of time of the relationship;

2.

the type of relationship; and

3.

the frequency of interaction between the parties
This includes the interaction between the parties through the use of technology, and, if
the relationship has been terminated by either person, the length of time that has elapsed
since the termination of the relationship.
If the officer determines that a "substantive dating relationship" exists or did exist, then
the officer shall take the proper action, including arrest when appropriate, regardless of
whether the victim seeks a restraining order. Even in cases where there is no substantive
dating relationship, a crime, such as stalking or criminal harassment, may have been
committed.

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Non-consensual Sharing of Intimate Images AKA “Revenge Porn”;
(b)(1) Defines the following terms: “Digitization,” “Distribute,” “Identifiable,” “Partially
nude,” “Publish,” and “Visual material.”
(2)

Whoever knowingly distributes visual material (including produced by digitization),
depicting another person, either identifiable in the visual material or identified by the
distributing person, who is nude, partially nude or engaged in sexual conduct, when the
distribution causes physical or economic injury or substantial emotional distress, and
does so with the intent to cause (or reckless disregard for the likelihood to cause) harm,
harassment, ntimidation, threaten, coercion or substantial emotional distress; does so
without the depicted person’s consent; and with the reasonable expectation that the visual
material would remain private, shall be guilty of the crime of criminal harassment

(3)

Consent to create visual material shall not be consent to the distribution of such material.

(4)

Subsection (b) shall not preclude other remedies available at law or in equity.

(5)

Visual material that is part of any court record from the prosecution under this subsection
shall not be open to public inspection, and unless the court orders otherwise in writing,
shall only be made available for inspection by court personnel to a prosecuting attorney,
the defendant’s attorney, a defendant or a victim connected to the prosecution. Nothing in
this subsection prohibits disclosure, inspection, or use of the visual material in the
underlying prosecution or other related court proceeding in accordance with evidentiary
and procedural rules or court order.

(6)

This subsection shall not apply to visual material that is voluntary or consensual and
occurring in a commercial setting or a place where a person does not have a reasonable
expectation of privacy. This subsection shall also not apply to distributing visual material
in the public interest (including reporting unlawful conduct); lawful and common
practices in law enforcement or medical treatment including telemedicine; visual material
distribution on a matter of public concern; interactive computer services for content
solely provided by another person; or information services or telecommunication services
for content solely provided by another person.
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Firearms: shall not be limited to its definition in G.L. c. 140, § 121, but rather shall include any
of the following:


Firearms;



Rifles;



Shotguns;



Machine guns;



Ammunition;



High-capacity feeding devices; or



Antique firearms.

Harass: as defined in G.L. c. 268, section 13B means to engage in any act directed at a
specific person or persons, which seriously alarms or annoys such person or persons and
would cause a reasonable person to suffer substantial emotional distress. Such act shall
include, but not be limited to, an act conducted by mail, telephonic or telecommunication
devices, electronic communication, internet communication, instant message, or facsimile
communication.
Licenses: as defined in G.L. c. 140, sections 122, 122B, 129B, and 131, shall include all
of the following:


Class A license to carry firearms;



Class B license to carry firearms;



Class C firearms identification card;



Class D firearms identification card;



License to possess a machine gun;



License to sell firearms;



License to sell ammunition; or



License to perform as a gunsmith.

Serious Bodily Injury: as defined in G.L. c. 265, sections 13A(b), 15A(b), and 15D(a)
shall mean bodily injury that results in a permanent disfigurement, loss or impairment of
a bodily function, limb or organ, or creates a substantial risk of death.
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Strangulation: as defined in G.L. c. 265, section 15D(a) shall mean the intentional
interference of the normal breathing or circulation of blood by applying substantial
pressure on the throat or neck of another.
Suffocation: as defined in G.L. c. 265, section 15D(a) shall mean the intentional
interference of the normal breathing or circulation of blood by blocking, or “block of” the
nose or mouth of another.
Strangulation c. 265, §15D(b)
Strangulation or Suffocation as defined below:
1. ''Strangulation'', the intentional interference of the normal breathing or
circulation of blood by applying substantial pressure on the throat or neck of
another.
2. ''Suffocation'', the intentional interference of the normal breathing or circulation
of blood by blocking the nose or mouth of another.

Aggravating Factors
Aggravating factors that can increase the penalty for strangulation or suffocation
include when the attacker:
1.

strangles or suffocates another person and by such strangulation or
suffocation causes serious bodily injury;

2.

strangles or suffocates another person, who is pregnant at the time of such
strangulation or suffocation, knowing or having reason to know that the
person is pregnant;

3.

is convicted of strangling or suffocating another person after having been
previously convicted of the crime of strangling or suffocating another person
under this section, or of a like offense in another state or the United States or
a military, territorial or Indian tribal authority; or

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4.

III.

strangles or suffocates another person, with knowledge that the individual
has an outstanding temporary or permanent vacate, restraining or no
contact order or judgment.

CIVIL LIABILITY
According to G.L. c. 209A, § 6: "No law officer shall be held liable in any civil action
regarding personal injury or injury to property brought by any party to a domestic
violence incident for an arrest based on probable cause when such officer acted
reasonably and in good faith and in compliance with this chapter and the statewide policy
as established by the Secretary of Public Safety.

IV.

VICTIMOLOGY
Law enforcement officers can be agents of change—fulfilling a mandate to intervene,
holding batterers accountable, and providing protection to victims. A victim’s first contact
with law enforcement rarely happens after the first or even the second domestic violence
incident. A trauma-informed response to a domestic violence call is essential due to the
complex nature of these crimes and their devastating effects.
Domestic violence victims can display a variety of behaviors, and officers should understand
and be prepared for a range of possible responses. It is crucial to acknowledge that certain
responses, although potentially frustrating, can significantly enhance the long-term safety of
victims and their families. This is particularly relevant in situations where law enforcement
has departed from the scene, or the perpetrator has been released from custody. Officers
should refrain from judging the reactions of victims and instead concentrate on supporting
them in exploring the most effective options to ensure their immediate safety.
Remember, anyone can be a victim, and anyone can be an offender regardless of biological
sex or gender identity or expression and/or sexual orientation. Always consider who is the
dominant aggressor and make that determination based on the totality of the facts and
circumstances, not on the victim/offender’s sex, gender or other characteristics.

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Dynamics
It is crucial for law enforcement officers to be familiar with the dynamics of domestic abuse.
“Dynamics” refers to how an abuser may act towards their victim and how the victim may
react towards the abuser. A lack of understanding of the complexities of these dynamics may
result in blaming the victim for the violence and manipulation of the criminal justice system
by the abuser.
Law enforcement officers arriving at an incident are likely to find a victim who is taking
responsibility for an abuser’s actions. A victim may act in ways that appear to conceal the
abuse out of fear. The victim may waive their right to civil protection orders (e.g., 209A),
bail the abuser out of jail, or recant in court—accusing the officer of lying. Officers should be
aware that victims may act this way in an attempt to keep themselves and their children safe.
Law enforcement officers must recognize that a victim's safety is at greater risk when an
abuser feels a loss of control.
Many victims of domestic violence never file a report with law enforcement, get a restraining
order/injunction, or connect with a domestic violence program. Many victims do not call 911
for various reasons, including, but not limited to, fear, cultural beliefs, immigration
consequences, and financial concerns, similar to the difficulties they face in leaving their
abusers. Furthermore, many victims may regret calling 911 once they are thrust into the
criminal justice system, which can bring increased personal and financial burdens such as
lost income, defense attorney fees, embarrassment or fear of having to publicly testify to the
abuse, and pressure to recant.
This whole process may, in fact, put the victim at a higher risk of danger. An appropriate
response is to assist in determining what risks exist and help to problem-solve on how to
minimize those risks.
Remember, trauma can affect how victims interact with law enforcement. Do not mistake
this for being uncooperative. Everyone reacts differently to violence. For a more effective
response, officers should familiarize themselves with local domestic violence programs.
Encourage victims to utilize all available resources, including domestic violence advocates
who can provide invaluable support with safety planning.

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V.

PROCEDURES
All police officers are expected to be familiar with and act in accordance with the
Massachusetts 2025 Domestic Violence Law Enforcement Guidelines. The provisions of
M.G.L. c. 209A impose specific responsibilities upon the police regarding a domestic abuse
situation. All officers are expected to be thoroughly familiar with the contents of c. 209A and
all other statutes referenced within the guidelines, as amended and construed by case law,
and to act with appropriate discretion and competence in carrying out these provisions.
A. Dispatcher Response
The likelihood of injury associated with domestic violence situations requires that
officers immediately proceed to the place of the dispute. Whenever possible, two officers
shall be dispatched to the scene. [81.2.4 (e)]
Dispatchers should do the following:


Initial Intake/Report



How is the call being received (1st, 2nd, 3rd,4th party);



Location (and location within the location) of the incident;



Is the incident in progress, just occurred, or in the past?



Attempt to elicit any and all information from the caller that may help the
responding and investigating officers assess the situation;



Inquire about the nature of the incident (verbal or physical);



Inquire about the nature of the injuries;



Inquire about the immediate safety of the caller, the victim, and others at the
scene;



Dispatch Units;



Assign a priority response to all domestic violence calls, whether or not the
assailant is known to be on the premises, including those calls that involve or
appear to involve a police officer of any department; [41.2.1; 81.2.6 (a)]



Immediately notify a supervisor/senior officer of any domestic violence calls;
[81.2.5 (a)]
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

Additional Caller Inquiry;



Obtain Additional Information to update responders such as/to include:
a.

Presence or absence of the alleged assailant, and direction and mode of
travel, if applicable;

b.

The type of weapons that are involved, or present, if applicable (check
CJIS for LTC or Firearms entries);

c.

Record of firearms identification cards and/or licenses to carry having
been issued to resident(s);

d.

Potential hazards to responders, including animals;

e.

Whether the caller or alleged assailant is under the influence of alcohol or
drugs, or if there are mental health issues;

f.

Caller's and alleged assailant's description;

g.

Other people involved or witnesses at the scene, including children;

h.

Alleged assailant's criminal history (BOP check);

i.

Past history at address (Number of times the department has been called
for this suspect or victim);

j.

Existence of a protection order currently on file against the suspect or
caller (check BOP) ;

k.

Outstanding warrants against the caller or alleged assailant if any exist
(check CJIS and Warrant Management System); and

l.

Caller's and alleged assailant's names and dates of birth.



Keep the caller on the telephone, if the caller is a victim or witness to a domestic
violence incident in progress, in order to relay ongoing information provided by
the caller to the responding officers and remain aware of the victim’s safety;



Keep in mind that the caller could be the victim or assailant;
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

Do not cancel the original call for service if a subsequent request to cancel the
original call is received – advise the responding officers of the second call and
instruct them to continue to respond, investigate, and assess the situation to ensure
that all parties are safe.



Make the safety if domestic violence victims a primary concern.



Address threats of violence, whether immediate or remote, by working with the
victim to focus on ways to enhance safety, such as waiting for officers at another
location or leaving the location if the suspect returns.



Maintain current contact information of local domestic violence victim advocacy
organizations for responding officers to provide to victims.



Preserve documentation of the facts and circumstances of each call, including
tapes, for use in potential administrative and criminal investigations.

B. Police Response to Domestic Violence-Related Calls
i.

On-Scene Considerations
Initial Observations
Upon arrival, responding officers should approach the scene with a high degree of
caution. Upon approach, officers should make observations of the surrounding area for
evidence such as weapons, damaged furniture, broken windows, and any other items that
may be evidence of a domestic violence incident.
Officers should be aware of sounds of an argument occurring, threats, or an ongoing
physical assault. All evidence, utterances, statements, and observations should be
documented in an incident report – and photographically if appropriate. [42.2.1 (a)]

ii.

Entering a Private Premises
"Private premises" shall include, but not be limited to, a house, an apartment, a
condominium, a hotel room, a mobile home, a dormitory room or a house trailer.
When investigating a report of domestic violence, officers should, if possible, wait for a
second officer to arrive unless exigent circumstances exist (For example: possible loss of
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life, safety of others). Officers may enter private premises without a warrant in the
following circumstances:

iii.



At the request of someone in lawful control of the premises;



Where there is imminent danger of violence that could result in death or serious
physical injury;



Where an exigency exists or consent is granted;



Where a breach of the peace has been committed in an officer's presence;



When a police officer has probable cause to believe a felony has occurred and is
in fresh pursuit of the fleeing felon;



In order to quell an ongoing disturbance and restore peace; or



After repeated attempts to contact residents; and contact the Patrol Shift
Supervisor.

Officer’s Demeanor
The responding officers shall maintain a professional, non-biased, and objective
demeanor throughout their investigation. Officers should immediately state their reason
for being present to the persons at the scene – including any children. This action can
help defuse the situation.
Upon entering, officers shall make efforts to monitor the physical movement of the
parties and prevednt them from accessing any potential weapons. prevent the physical
movement of the parties as much as possible and control their access to any potential
weapons.
Be cognizant that individuals under the influence of drugs or alcohol or suffering from a
mental health disorder may pose additional safety risks to themselves or others on the
scene. Special precautions and tactics may need to be implemented as learned through inservice training. consistent with up-to-date training and policies
Prioritize the safety of children. If an arrest is necessary, try to remove the children or the
person being arrested from the scene before the arrest takes place. Reassure the children
that the situation is not their fault and that the police are there to help everyone in the
family. If a child called 911, commend them for taking the brave step of getting help.
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Should an arrest be pending, attempt to remove children or the arrestee from the scene
prior to affecting the arrest. Reinforce to the children that the incident was not their fault
and that the police are there to help the family. If the child called 911, reinforce they did
the right thing by calling the police.
Additional layers of control and oppression experienced by individuals which can
exacerbate their response to law enforcement may include, but is not limited to, the
following:
1. Immigration status;
2. Language skills including English as a second language;
3. Cultural identity;
4. Physical limitations and disabilities; and
5. Sexual orientation and gender identity.
These individuals may fear the police and present angrily or as abusers themselves. It is
important to be aware of and deter any biases. Statewide resources for these, and other
special populations, can be found in attached appendices.
iv.

Officer’s Responsibility on Scene

The responding officers must take immediate control of the situation and should:
1.

Throughout the investigation, officers should allow each party to present their
account individually, avoiding unnecessary interruptions from the other party.

2.

Separating the parties enables each individual to communicate their perspective to
an officer without being overheard, influenced, or intimidated by the other party.

separate the parties to prevent any further violent action. The parties should be interviewed
independently. However, if there are two officers present at the scene, they should, if practical,
remain within view of each other to enhance officer safety and avoid any subsequent conflict.
Throughout the investigation, the officers should allow each party to present his or her
story individually, avoiding any unnecessary interruptions by the other party. Separating
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the parties also allows each to relate matters to an officer without being overheard,
influenced, or intimidated by the other party.
1. Language Barriers
Officers should determine whether interpretative language to include ASL services are
needed and should obtain seek out such services where when available.
The practice of using children or other family members as interpreters is strongly
discouraged unless it is a medical emergency. Using family members as interpreters
could prove dangerous to the child and/or adult victim. The Stow Police Department has
an account with REAL Time Translation Inc. and utilizes the ELSA Lite app. The ELSA
Lite app is currently installed on the department phones issued to all sergeants. If an
officer requires translation services, a supervisor should respond and can use the ELSA
Lite app for interpretive language services 24 hours a day. Officers may also utilize the
toll-free landline services by following the following instructions 24 hours a day: [81.2.5
(f)]
1. Spanish 866-218-2224
2. Multi-Languages 888-218-3544


Officers will be prompted to enter the company ID (1651); and



The access code (5161)

2. Remain On Scene
Officers shall remain on the scene or present wherever the incident occurred if the
officers have reason to believe as long as the officers have reason to believe that at least
one of the parties involved would be in immediate physical danger without the presence
of an officer. Whenever any officer has reason to believe that a family or household
member has been abused or is in danger of being abused, such officer shall use all
reasonable means to prevent further abuse. Law enforcement officers should remain on
scene for a “reasonable period of time” to prevent abuse. If it is believed that the suspect
has fled the scene, a reasonable period is the amount of time necessary:


To assess that the suspect has left the scene; and



To confirm that the suspect has left the scene, and



To carry out the responsibilities outlined in the remainder of this policy.
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3. Medical Treatment
Officers shall assist the victim in obtaining medical treatment for any sustained injuries
by arranging for appropriate transportation by ambulance to a health care facility.
Officers should consider responding to the Emergency Room to properly document any
sustained injury. In addition, consideration should be given to whether a sexual assault
forensic exam needs to be completed (a list of MA Sexual Assault Nurse Examiner
[SANE] sites may be found in the Appendix of this policy).
In cases of serious injury, the preferred method of transportation is via ambulance.
Officers are authorized by G.L. c. 209A, § 6 to transport victims of domestic violence to
the emergency room of the nearest hospital, or to arrange for appropriate transportation to
a health care facility. Officers should receive approval from the shift supervisor prior to
transporting a victim of domestic abuse in a cruiser, except in an emergency.
4. Interviewing Witnesses [42.2.2]
Officers shall attempt to identify and interview the party that called the police, neighbors,
and other potential witnesses. All parties present and involved should be documented in
the incident report. It is not unusual for some witnesses to be unsupportive of the victim.
Do not tell the suspect who called the police.
5. Gather Information From The Scene [42.2.2]
Officers shall attempt to obtain the following information at the scene. If that is not
possible, obtain the information during the follow-up investigation:


Determine the relationships of all parties, including children, at the scene. If
children are not immediately observed, ask if there are children present in the
household.



If children are present,
a) Record their names and dates of birth;
b) Check on the children to ascertain whether or not they have sustained an
injury; and
c) Unless it involves a medical emergency or safety concern, consider
conducting a “minimal facts” interview on the scene if appropriate.
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d) If the child needs a more comprehensive interview, contact the District
Attorney’s Office/ Children Advocacy Center to schedule a forensic
interview.


Obtain as many phone numbers as possible where the victim can be reached,
preferably a cell phone number, a daytime phone number, or the number of a
close relative or friend. Include any phone numbers in the incident report so the
shift supervisor or court personnel may inform the victim of the abuser's release
on bail. [55.2.5]



Obtain at least two phone numbers where the victim can be reached. Include a cell
phone number, a daytime phone number, or the number of a close relative or
friend. Include these numbers in the incident report so the bail bondsman or court
personnel may inform the victim of the abuser’s release on bail. [55.2.5]



Inform the victim that if they intend to leave the residence, and wish to be
informed of the abuser's release, the victim must inform the police department of
a number where they may be reached, or where a message may be left safely.
[55.2.5]



Consult with the victim whether their phone number should remain confidential
and take steps to ensure that it is, if necessary.



Do not rely on prior phone numbers in the in-house CAD System, as they may be
outdated.



Obtain information about the suspect's ownership of, presence of, or access to
firearms, and their location.



Officers should gather information regarding the suspect's past
behavior/dangerousness. This information should be documented in an incident
report and/or high-risk assessment worksheet (See Appendix of this policy). This
information should be provided to the Bail Commissioner in the determination of
bail and to the Prosecutor for use at arraignment. That information includes but is
not limited to the suspect's: [82.2.1]
a) Criminal history;
b) History of abusing the current victim;
c) History of abusing other victims;
d) History of non-fatal strangulation;
e) History of forced sex;
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f) History of extreme possessiveness or jealousy;
g) Possession of weapons;
h) History of use of/or threats with a weapon;
i) Use of weapons in prior abuse of the victim;
j) Past threats against or abuse of pets;
k) Past attempts or threats to kill;
l) Past attempts or threats to commit suicide; and
m) Current or past vacate, restraining, no-contact, or other protective orders,
including those held against the suspect by someone other than this victim.


After ascertaining past reported and non-reported criminal history, across
agencies and across jurisdictions, seek appropriate criminal action for current and
prior incidents.



Refer victims to appropriate resources listed in the Appendix of this policy.

6. Information Documentation [42.2.2]
Officers shall properly document important information, including statements from the
victim, the suspect, children, and other witnesses, and note direct quotes whenever
possible. i.e., spontaneous utterances (direct quotes) by the victim, the suspect, children,
and other witnesses.
In collecting evidence of domestic abuse, law enforcement officers are encouraged to
photograph injuries sustained by the victim as well as the crime scene. officers should use
photographs to document injuries sustained by the victim and the condition of the crime
scene.
Contemporaneous records of injuries and crime scene conditions are critical to the
prosecution of alleged abusers:
•

When documenting the scene photographically, officers are reminded to take both
close-up and full-scene pictures. Follow-up photographs of injuries should be
taken 2-3 days after the incident to document the progression of injuries;

•

Collect physical evidence (including weapons used, even when simple household
items) and document collection in the incident report.
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•

If the incident involves strangulation, the officer shall complete the strangulation
worksheet section, and submit the High-Risk Assessment Worksheet with the
incident report. (See Appendix C of this policy) [42.2.3]

•

Officers shall utilize the High-Risk Assessment Worksheet (see Appendix B of
this policy) when responding to all calls involving domestic violence. The initial
six questions on the worksheet shall be completed for all domestic calls, and
further questions on the worksheet shall be completed if deemed necessary.

•

In cases where a domestic violence arrest has been made, copies of all worksheets
will be submitted with the arrest packet for use by the Bail Commissioner for bail
purposes, the District Attorney, and the Probation Department for use at the
detainee’s arraignment and prosecution. [82.2.1(d); 82.2.1(e); 82.2.4]

7. Getting To A Safe Place
The officer shall consider the victim's reasonable requests for assistance in getting to a
safe location. This could include the victim and any dependent children. Help the victim
and any dependent children find safe shelter. This could include a designated emergency
shelter, a trusted friend or family member's home, or another safe location.
Officers shall assist the victim and dependent children in locating and getting to a safe
place, including but not limited to a designated meeting place for entry into an emergency
shelter or a family member's or friend's residence (or a similar place of safety). The
officer shall consider the victim's preference in this regard and what is reasonable under
all the circumstances. [55.2.5]
The location and street addresses of all domestic violence programs are absolutely
confidential and shall not be required to be revealed in any criminal or civil proceeding.
See G.L. c. 233, section 20L. For the purposes of this provision, a domestic violence
program is defined as any refuge, shelter, officer, safe home, institution, or center
established for the purpose of offering assistance to victims of abuse through crisis
intervention, medical, legal, or support counseling. See G.L. c. 233, section 20K.
[54.1.1(d); 54.1.1(e); 55.1.3(b); 82.2.1(c)]
If a report is made at a domestic violence program, the incident occurred at that program,
or an officer transported someone to a program, the officer shall not include this address
in the incident report. Under no circumstances should a law enforcement officer
release information to the public regarding the location of a domestic violence
program.
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If an officer transported someone to a program, the officer shall not include this address
in the incident report. Under no circumstances should a law enforcement officer
release information to the public or otherwise regarding the location of a domestic
violence program.
8. Notice Of Rights
Immediately inform victims of domestic violence about their rights. This includes
handing them a written copy of their rights (located in Appendix) and reading it aloud to
them in a clear and understandable way.
If the victim's primary language isn't English, make every effort to provide the
information in their native language. Where the person's native language is not English,
the statement shall be provided in the person's native language whenever possible.
Activating the Emergency Judicial Response System (E.J.R.)
1.

Assist the victim by activating the Emergency Judicial Response System when a
judge is not available through the court. This should be done even when the
alleged abuser has been arrested. If a victim is unable to appear in court because
of severe hardship due to the victim's physical condition, officers can seek an
order by contacting the court.

2.

A representative may appear in court on behalf of the victim to seek an
emergency or temporary order. Officers shall advise these victims that a
representative may appear on their behalf.

Issuance of an Abuse Prevention Order
Upon issuance of any applicable order under M.G.L. c. 209A, police shall immediately
take possession of all firearms and licenses in the control, ownership, or possession of the
defendant. Such firearms and licenses may not be returned until the order has been
completely vacated or the firearms provision modified by order of the court.

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Violations of Orders
In the interest of immediacy and the statutory mandate to arrest, officers shall make a
warrantless arrest of any person the officer witnesses or has probable cause to believe has
violated an order, including a violation that stems from the possession of firearms,
weapons, or licenses.
If, after your assessment, the situation does not meet the substantive dating relationship,
consider whether the facts and circumstances apply regarding a 258E protection order.
Officers shall give abuse victims immediate and adequate notice of rights by handing to
them and reading them their rights (see Appendix of this policy). This form should be
signed by the victim. Where the person's native language is not English, the statement
shall be provided in said person's native language whenever possible. [55.1.1; 55.1.3(a);
55.1.3(b); 55.2.1(a); 55.2.1(b)]
9. Emergency Restraining Orders (209A)
Officers shall assist the victim by activating the Emergency Judicial Response System to
obtain a 209A Order when a judge is not available during regular court hours. This should be
done even when the alleged abuser has been arrested. [55.2.2]
Note: If a victim is unable to appear in court because of severe hardship due to
the victim's physical condition, officers can seek an order by contacting the court.
A representative may appear in court on behalf of the victim to seek an
emergency or temporary order. Officers shall advise a victim that a representative
may appear on their behalf.
11. Issuance Of An Abuse Prevention Order
Upon issuance of any applicable order under G.L. c. 209A, the police shall immediately take
possession of all firearms and licenses in the control, ownership, or possession of the
defendant. Such firearms and licenses may not be returned until the order has been
completely vacated or the firearms provision modified by order of the court.


Violations of Orders: In the interest of immediacy and the statutory mandate to
arrest, officers shall make a warrantless arrest of any person the officer witnesses
or has probable cause to believe has violated an order—including a violation, that
stems from the possession of firearms, weapons, or licenses.
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

If after your assessment, the situation does not meet the substantive dating
relationship, consider if the facts and circumstances apply regarding a 258E
protection order.

12. Substantive Dating Relationships
Officers will gather information to determine whether or not a substantive dating
relationship exists. Officers will examine the same factors which the courts review when
making this determination:
•

The length of time of the relationship;

•

The type of relationship; and

•

The frequency of interaction between the parties.

This includes the interaction between the parties through the use of technology; and, if
the relationship has been terminated by either person, the length of time that has elapsed
since the termination of the relationship.
If the officer determines that a "substantive dating relationship" exists or did exist, then
the officer shall take the proper action, including arrest when appropriate, regardless of
whether the victim seeks a restraining order.
Even in cases where there is no substantive dating relationship, a crime, such as stalking
or criminal harassment, may have been committed.
C. Patrol Shift Supervisor
i.

Response
The Patrol Shift Supervisor must ensure that all provisions of G.L. c. 209A, other related
statutes, and this policy are fully adhered to.
The Patrol Shift Supervisor must be responsible for monitoring all domestic violence
calls.
Whenever possible, the Patrol Shift Supervisor must respond to the scene for the purpose
of providing advice or any other assistance.

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The Patrol Shift Supervisor must ensure that all procedures, gidelines, department
policies as well as provisions of G.L. c. 209A, other related statutes, and this policy are
fully adhered to.

ii.

Assurances For Practice [82.2.1(e)]
Supervisors will ensure that the provisions of all applicable laws and this policy are
adhered to. Specifically, supervisors will ensure that:

iii.



Dispatch logs will be reviewed to ensure that an incident report has been filed,
even in cases where no arrest was made. Calls, that are received as allegations of
domestic violence or a domestic disturbance, will not be reclassified because no
probable cause to arrest existed. Incident reports will be filed in those cases.



A supervisor, or a specially trained domestic violence investigator within the
department, will review incident and arrest reports, in order to ensure compliance
with the provisions of G.L. c. 209A and this policy. If upon review of an incident
report, it is believed that probable cause exists, the supervisor will ensure that
criminal charges are initiated according to the statute and this policy.



Whenever a domestic violence incident is identified as posing a significant danger
the case should be assigned for follow-up, presented at roll call, and forwarded to
a High-Risk Team (DVSN).



Whenever a supervisor identifies a particular defendant as being a high risk to the
victim or the public, the case should be promptly referred to the District
Attorney’s Office. [41.1.2]



Whenever a dual arrest is made, the supervisor shall review the case to determine
if one of the parties is a dominant aggressor before approving the dual arrests and
reports.

Referrals
Supervisors must ensure that the appropriate and mandated reports are filed for children,
persons with disabilities, and the elderly.
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Supervisors will ensure proper safety plans are in place for the survivor and other family
members. These measures shall be in place immediately enabling those affected to make
informed decisions.
The safety plan may include all, some, or additional items:

iv.



Drive-by checks by an on-duty patrol car



Welfare spot checks



Arresting the abuser



Serving 209A orders



Assisting in obtaining a 209A order



Arranging transportation for medical, shelter, or other locations



Referral to a Domestic Advocate

Follow-Up Investigations
Supervisors will:


Determine if a follow-up is needed;



Ensure it is conducted in a complete and thorough fashion; and



Review and ensure proper charges are filed whenever appropriate [42.1.4]

V. ARREST GUIDELINES [74.3.1]
i.

The Decision To Arrest

1. Generally
The safety of the victim, children, and other family members shall be paramount in any
decision to arrest.
As in other types of criminal investigations, uncorroborated statements by a victim can
constitute probable cause that the crime occurred.

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The decision to arrest must be based on whether probable cause exists that the crime
occurred, not on whether or not the victim wishes to seek complaints or wishes to testify
at a future date. [41.4.5]
2. Substance Abuse And/Or Mental Health Issues
When assessing credibility in order to establish probable cause, officers should remember
that a victim who is under the influence of drugs or alcohol, or who suffers from mental
illness, is not an inherently unreliable witness.
3. Arrest: Mandatory Or Preferred [74.3.1; 41.4.5]
An officer's authority or mandate to arrest is set forth in G.L. c. 209A, section 6(7).
Mandatory
In the interest of immediacy, and the statutory mandate to arrest, officers shall make a
warrantless arrest of any person the officers witness or have probable cause to believe
has violated an emergency, temporary or permanent vacate, refrain from abuse, stay away
or no-contact order or judgment, a suspension and surrender order, or protection order
issued by any jurisdiction. G.L. c. 209A, section 7.
Preferred
When there is no outstanding restraining order, arrest shall be the preferred response
whenever officers witness or have probable cause to believe that a person:
a) Has committed a felony;


Aggravated Assault and Battery c265, §13A(b)



Assault and Battery By Means of a Dangerous Weapon c265, §15A



Assault and battery upon an Elder or a Person with a Disability c265, § 13K



Assault and Battery on a Family or Household Member, Subsequent Offense Only
c265, §13M(b)



Assault by Means of a Dangerous Weapon c265, §15B



Intimidation of a Witness c268, §13A



Kidnapping c265, §26
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

Stalking c265, §43



Strangulation or Suffocation c265, §15D

b) Has committed a misdemeanor involving abuse, as defined in G.L. c. 209A


ii.

Assault and Battery on a Family or Household Member c265, §13M(a) (see
definition)

If The Suspect Has Fled The Scene

1. Generally
When probable cause to arrest exists and the suspect has fled the area, patrols, including
other jurisdictions where the suspect is believed to be going, shall be advised in efforts to
locate and arrest the suspect.
One department's statement that probable cause to arrest exists shall be honored by
another department anywhere within the Commonwealth. The second department shall
immediately attempt to affect the arrest as requested by the investigating department.
Officers will attempt to make a warrantless arrest within a reasonable period of time.
However, as soon as is practical, the investigating department shall seek an arrest warrant
from the appropriate court for crimes of abuse as defined under M.G.L. c. 209A.
When probable cause exists to believe a crime involving abuse occurred, it is not proper
procedure to advise the victim to seek complaint applications on their own.
The Stow Police Department shall honor another department's statement that probable
cause to arrest exists, and will immediately attempt to affect the arrest as requested by the
investigating department. Officers will attempt to make a warrantless arrest within a
reasonable period of time.
If probable cause to arrest exists, in cases involving abuse as defined under G.L. c. 209A
and the incident occurred in the Town of Stow officers shall seek an arrest warrant from
the Concord District Court as soon as it is practical. When probable cause exists to
believe a crime involving domestic abuse occurred, it is not proper procedure to advise
the victim to seek complaint applications on his or her own.
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2. The Massachusetts Probation Service Electronic Monitoring (ELMO) Law
Law Enforcement agencies (i.e. local and state police) may request ELMO information,
by submitting a written request to [email protected] from a verifiable
Law Enforcement agency email address. These requests are typically responded to within
24 to 48 hours. ELMO will supply GPS information “For Investigative Purposes Only”
In the interest of public safety, if a Law Enforcement agency makes an urgent request
(i.e. AMBER Alerts, Major/Catastrophic events, and requests for real-time locations of
specific monitored offenders for the purpose of serving a warrant or affecting effectuating
an arrest) and provides verifiable credentials such as the main phone number of the
requesting agency, the officer’s badge number, contact information, and the officer is
currently assigned to investigate the matter at hand, information for investigative
purposes may be provided immediately. is made; such information may be provided
immediately. The individual requesting such information should provide verifiable
credentials (such as the main phone number of the requesting agency, the officer’s badge
number, contact information, and that the Officer is currently assigned to investigate the
matter at hand, information for investigative purposes).
If requesting a point-tracking search (Crime Correlation) for a particular location, this
request should include a defined period of time. The requesting officer should disclose
for what purpose the request is being made.
All requests should be sent to [email protected]. Law enforcement may
also contact ELMO directly at 978-365-2970 for assistance.
iii.

Dual Arrests / Dominant Aggressor
Dual arrests, like the issuance of mutual restraining orders, are strongly discouraged
because they trivialize the seriousness of domestic abuse and increase the danger to
victims.
Officers should attempt to identify the dominant aggressor and take action based on that
determination. In the majority of cases, an effective investigation will reveal the
dominant aggressor.
Officers should note any visible injuries and consider whether the wounds appear to be
more consistent with an offensive attack or “self-defense.”be aware of the difference
between offensive and self-defensive injuries. The use of force used must be
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“reasonable” given the nature of the threat and surrounding circumstances and, if
warranted, may even include the use of weapons. In some cases, the dominant aggressor
may have more serious injuries. If one of the persons acted entirely in self-defense, the
situation should be treated as such and the dominant aggressor identified and arrested if
appropriate.
When someone uses self-defense, the amount of force used must be “reasonable” given
the nature of the threat and surrounding circumstances and, if warranted, may even
include the use of weapons.
If officers determine that neither party acted in self-defense and that both parties have
committed an act of domestic abuse, then the officers should determine who the dominant
aggressor is and take action considering the totality of the circumstances including:


The relative severity of the injuries and fear inflicted in this incident;



The use of force and intimidation in this incident;



Prior incidents involving either party; or



The likelihood of either party committing domestic violence in the near future.

Any officer arresting both parties is required, by law, to submit a separate detailed,
written report, in addition to an incident report, setting forth the grounds for dual arrest.
In the event of a dual arrest, officers are encouraged to consult with a supervisor prior to
arrest.
Officers investigating an incident of domestic violence shall not threaten, suggest, or
otherwise indicate the arrest of all parties for the purpose of discouraging requests for law
enforcement intervention by any party.
iv.

Arrest Of A Caretaker
In cases involving abuse of a child, an elder or a person with a disability, officers must
address the issue of whether or not the victim can be left alone safely if the abuser is
arrested.
If the child, the elder or the person with a disability cannot be left alone, the appropriate
protective agency must be contacted, in order to arrange for temporary care. When a
caretaker is arrested and an agency is called for temporary care, the officer shall explain
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to the child, elder or person with a disability what is happening and the reason for calling
a protective agency.
v.

Bail
A person, who is 18 years or older, shall not be bailed sooner than 6 hours after arrest
from a police station if under arrest for the following crimes:


Any act that would constitute abuse, as defined in G.L. c. 209A, section 1; or



A violation of G.L. c. 265, sections 13M or 15D.

A person shal NOT be bailed from a police station if under arrest for the following
crimes:


A Restraining Order Violation under M.G.L. c. 208 or 209A; or



Any act that would constitute abuse, as defined in section 1 of said chapter 209A,
while arestraining order is in effect.

Officers should inform the victim that the abuser may be eligible for bail and may be
promptly released. If a defendant is released on bail from the place of detention, a
reasonable attempt shall be made to notify the victim(s) of the defendant’s release by the
arresting police department.
vi.

Dangerousness Hearing
Under G.L. c. 276, section 58A, a defendant arrested and charged with certain offenses
may be held without bail if a court determines that a defendant is a danger to the victim
or the public. Included in the list of 58A eligible offenses are misdemeanors or felonies
involving abuse as defined by c. 209A or while an order of protection issued under said
chapter 209A was in effect against such person.
1.

The responding officer’s actions and behavior at the scene form the basis for this

2.

determination by the prosecuting agency and/or Court.

3.

Officers should ensure that the proper documentation is done in a timely manner
and forwarded to the appropriate officer to be brought to court and the
prosecuting agency.
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4.

vii.

In the event that an officer believes that a defendant is high risk and poses a
danger to a victim or the public, it should be documented in the police report and
steps should be taken to notify the prosecuting agency.

Juveniles
Officers shall consider using the least coercive and most reasonable alternative to an
arrest when appropriate, consistent with preserving public safety, order, victim safety,
and individual liberty.
Police cannot arrest, summon, or charge a juvenile under 12 years old for violating any
town by-law, municipal ordinance, or criminal law in Massachusetts.
Police can arrest or charge a juvenile between 12 and 18 years old who commits a
misdemeanor or felony.
When a juvenile is properly charged with intimate partner violence, the 6-hour bail hold
does NOT apply – All juveniles are exempt from this hold:


Circumstances that warrant a charge of G.L. c. 265, section 13M upon a
juvenile, would be those cases of violence perpetrated against someone with
whom the juvenile once married, has a child in common, has been in a
“substance dating relationship,” or are engaged to be marred. In such a case,
as teen dating violence, the six-hour waiting period for bail does NOT apply
to juveniles. By statute, these provisions only apply to those defendants “who
have attained the age of 18 years.” See G.L. c. 276, section 58.



Officers should, therefore, follow the typical protocol for arresting a juvenile.
Officers are required to contact the juevile’s legal guardian per M.G.L. c. 119,



§67. If no parent is available, a guardian or custodian with whom the child
lives shall be notified. If the child is in the custody of the Department of
Children and Families, DCF shall be notified.



Violence between family members, as defined by Massachusetts General Law
Chapter 265, Section 13A, presents a unique challenge when the perpetrator is
a juvenile and the victim resides in the same household.



If a parent, guardian, or custodian refuses custody of a juvenile who is eligible
to be released, the officer shall file a 51A for neglect and notify DCF.
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viii.



Officers would then be required to contact an on-call bail clerk or bail
magistrate for a bail determination.



Officers are required to contact the juvenile probation officer on call and the
juvenile’s legal guardian (G.L. c. 119, section 67) when an arrest has been
made of a juvenile. Officers would then be required to contact an on-call bail
clerk or bail magistrate for a bail determination, even if the offense is alleging
intimate partner violence.

Notification To The Victim In Criminal Cases
A “reasonable attempt” must be made by the arresting police department to notify the
victim if a defendant charged with a violation of a restraining order or a criminal act
constituting domestic abuse is released on bail from the place of detention. If the
defendant is released on bail by order of a court, the district attorney shall make a
reasonable attempt at notice. See G.L. c. 276, sections 42A, 57, and 58. [55.2.5]

ix.

Probable Cause Standard
All officers shall utilize the same standard of “Probable Cause” for domestic violence
offenses as with all other crimes. Decisions to arrest will be based on whether or not
probable cause and the authority to arrest exist, not on the victim’s agreement to testify at
a future date.

x.

Information Provided to Defendant
The person admitting the defendant charged with a criminal act constituting domestic
abuse to bail is required to provide the defendant with informational resources regarding
domestic violence, including a list of nearby certified intimate partner abuse education
programs. M.G.L. c. 276, § 42A, § 57, § 58.

xi.

Fingerprinting of Defendants
Officers shall take fingerprints and photographs of all criminal defendants in domestic
violence cases. Fingerprints should be forwarded to the State Police for entry into the
Automated Fingerprint Identification System (AFIS) system. This will greatly improve
the detection and prosecution of other offenses, such as breaking and entering and
stalking. When any defendant is arrested and charged with a felony, copies of fingerprints
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shall be forwarded to the colonel of state police per G.L. c. 263, section 1A.
[41.4.3(3B)(3C); 82.1.2(b)]
xii.

Referrals
Officers should provide information, including phone numbers, about the Domestic
Violence Services Network (DVSN), and other local resources such as sexual assault
advocacy programs for emergency shelters, other counseling services, and the District
Attorney's Office Victim Witness Advocacy Program (See Appendix of this policy)
[55.2.1; 55.2.49e]. Information about DVSN will be preprinted so that it can be
distributed with the Abused Person’s Notice of Rights Form.

xiii. Incident Reports
Incident reports will be filed whether or not an arrest is made. They will be made
available to the victim at no cost, upon their request to the Stow Police Department.
(Since the initial investigation should determine the existence of any history of abuse,
that information must be included within the report). [82.2.1(a); 82.2.1(b); 82.2.1(c);
82.2.2(c); 82.2.2(d)]
Prosecution and subsequent legal action can be greatly aided by documentation and
description of physical injuries, photographs of the injuries, noting the presence of
children in the household, and other information gained throughout an investigation.
Officers shall indicate in the incident report whether the offense, alleged offense, or arrest
involved abuse as defined in G.L. c. 209A. See G.L. c. 41, section 98G, and G.L. c. 22C,
section 49.
xiv. Confidentiality of Reports [82.1.1(c)]
All reports, including communications between police officers and victims of domestic
violence/ abuse perpetrated by family or household members, rape, and sexual assault,
are confidential and are not public records. Violation of this section shall be punished by
imprisonment of 1 year and/or a fine of $1,000.00.The following records shall not be
considered to be public records, and shall not be disseminated, except pursuant to this
policy:


Any information concerning responses to reports of domestic violence, rape or
sexual assault;
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

Any entry concerning the arrest of a person for assault, assault and battery or
violation of a protective order where the victim is a family or household member,
as defined in G.L. c. 209A, § 1; and



All reports of rape and sexual assault or attempts to commit such offenses, all
reports of abuse perpetrated by family or household members, as defined in G.L.
c. 209A, § 1, and all communications between police officers and victims of such
offenses or abuse.

The above records may only be released to the following:


The victim, the victim's attorney, and others specifically authorized by the victim
to obtain such information;



Prosecutors;



Victim-witness advocates as defined in G.L. c. 258B, § 1, if such access is
necessary for the performance of their duties;



Domestic violence victims' counselors as defined in G.L. c. 233, § 20K, if such
access is necessary for the performance of their duties;



Sexual assault counselors as defined in G.L. c. 233, § 20J, if such access is
necessary for the performance of their duties;



Law enforcement officers, district attorneys, or assistant district attorneys; and



All persons authorized to admit persons to bail pursuant to G.L. c. 276, § 57.



Police departments shall ensure the confidentiality of domestic violence records,
including information regarding the identity of a victim or children and any
medical information or statement by witnesses.



Victims of domestic violence have a strong privacy interest in this type of
information— whether contained in the initial incident report or supplemental
reports. With the exception of the complete report's release to the victim, reports
should be reviewed and redacted accordingly in response to other requests.

xv. Police Department Log
The following entries shall be kept in a separate log and shall not be a public record, nor
shall such entries be disclosed to the public:
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

Any entry that pertains to those who are handicapped, physically or mentally
incapacitated to the degree that said person is confined to a wheelchair, bedridden,
or required to use a device designed to provide mobility.



Any information concerning the response to reports of domestic violence, rape, or
sexual assault.



Any entry concerning the arrest of a person for assault, assault and battery, or
violation of a protective order where the victim is a family or household member,
as defined by Chapter 209A Section 1.

xvi. Mandatory Reporting
A report will be filed with the Department of Children and Family Services (DCF)
whenever the police officer has reasonable cause to believe that a child under the age of
18 has been abused or neglected, in accordance with G.L. c. 119, § 51A. A mandated
reporter shall immediately communicate with the department orally and shall, within 48
hours, file a written report with the department detailing suspected abuse or neglect if, in
their professional capacity, they have reasonable cause to believe that a child is:
i. suffering physical or emotional injury resulting from abuse inflicted upon them, which
causes harm or substantial risk of harm to the child's health or welfare, including, but not
limited to, sexual abuse;
ii. suffering physical or emotional injury resulting from neglect, including, but not
limited 47 to, malnutrition;
iii. a sexually exploited child; or
iv. a human trafficking victim, as defined by section 20M of chapter 233; provided,
however, that an indication of prenatal substance exposure shall not solely meet the
requirements of this section.
Mandated reporters are encouraged to utilize the online abuse/neglect report option
available online to submit the written report; however, written reports may be mailed or
faxed to the Department within 48 hours of the oral report. The form for faxing/mailing
this report can also be obtained from the DCF website.
By phone • During regular business hours (8:45 a.m. - 5 p.m. M-F), call the DCF area
office that serves the city or town where the child lives.
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After hours or on weekends, call the Child-Risk-Hotline 1-800-792-5200.
Mandated Reporters only
After making the initial call (oral report, immediately) within 48 hours, complete the
required written report
If a child has witnessed abuse, this could be “neglect” for purposes of mandatory filing.
During office hours, contact the local DCF officer. After hours, call the hotline at: 1-800792-5200. If an officer intends to file a 51A child abuse report, they should tell the nonoffending parent or caretaker and explain the filing process – including the fact that the
report is being filed. A written report must be filed within 48 hours, and an oral report
immediately.
A report will be filed with the Disabled Persons Protection Commission whenever the
officer has reasonable cause to believe that a caretaker has abused/neglected a person and
or caused physical or emotional harm or contributed to the death of an adult with a
disability between the ages of 18 and 59, in accordance with G.L. c. 19C, § 10.
Notifications should be made as soon as possible but are required within 48 hours for
mandated reporters. An immediate report should be filed by calling the hotline at: 1-800426-9009. If an officer intends to file a report, he/she should tell the person with a
disability who is the subject of the abuse.
Notifications to the DPPC Abuse Reporting Network can be accomplished in any of the
following methods:
• By calling the DPPC Abuse Hotline (24 hrs./day). Officers should call 1-800-426-9009.
Specially trained live intake personnel are available 24 hours.
• By submitting an online report.
• Mail/facsimile correspondence can be addressed to: DPPC-State Police Detective Unit,
300 Granite Street, Suite 404, Braintree, MA 02184, Fax to: (857)403-0296, email to:
[email protected].
• In addition, the R3 Apple App was developed to help people with disabilities
Recognize, Report, and Respond to abuse. A download link and information are available
on the DPPC R3 App website.
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A report will be filed with the Executive Office of Elder Affairs whenever the officer
has reasonable cause to believe that someone age 60 or older has been abused/neglected,
in accordance with G.L. c. 19A, §§ 14-26. An immediate call shall be placed to the 24hour hotline at: 1-800-922-2275. If an officer intends to file a report, he/she should tell
the elder person who is the subject of the abuse.
Reports can be filed 24 hours a day by phone at (800) 922-2275.
• If you are ready to call, please have the victim’s name, address, date(s), and any other
relevant information to explain the situation. You do not have to share everything with
the Adult Protective Services team, but our investigators need enough information to
follow up on the situation. 50
• Reports can be filed 24 hours a day online. If you have technical issues when trying to
report online, please stop the online reporting process and immediately call (800)
9222275 to report abuse.
• Please see the Elder Abuse Online Reporting User Guide for further instructions before
you report elder abuse online.
• If you successfully file a report online, you DO NOT need to call.
• Online reports will be treated the same as verbal reports over the phone and referred to
the local Adult Protective Services agency.
• If you include your email address, you will receive an email confirmation after
submitting the report. Once a report is received, it will be reviewed by the local Adult
Protective Services agency.
• If a report is reviewed and calls for an investigation, an Adult Protective Services
caseworker will be assigned to further investigate the situation.
• If a report is reviewed and does not qualify for an investigation by the Executive Office
of Elder Affairs, the reporter will be notified if they specified they wanted to be updated
about the status of the case when reporting the abuse.
• In most cases, reports are reviewed the same day, but regulations allow up to 48 hours
in non-emergency situations.

VI.

FIREARMS
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When a firearm or other weapon is present at the scene of a domestic violence situation,
officers shall:


Seize the weapon as evidence of the crime, if the responding officers are informed
that a firearm or weapon has been involved in the dispute.



Stow Police Department shall honor another department’s request for assistance
in seizing firearms, weapons, or licenses, regardless of which department is
named within the order.

If the weapon is not reported to have been involved in the dispute:


Request that the firearm or weapon be placed in their custody temporarily to
alleviate the threat of serious violence;



Search for and take custody of the firearms or weapon if a party, who lawfully
resides there, requests the officer do so. A consent search is allowed in areas
where the victim has access to, including areas of joint access with the suspect;



Determine whether a firearm is lawfully possessed before returning the same.

If the officer determines that the weapon cannot be seized, the following actions can be
taken:


A judge can order the defendant to surrender firearms and licenses; and



The chief who issued a license to carry may revoke or suspend such license.

In all domestic violence cases, the investigating department shall advise the licensing
authority that the subject of the license is suspected of abuse.
i.

Storage of Firearms
The department named within the order shall be responsible for the storage of the seized
item(s) or the delegation of storage to an authorized facility.
In cases involving police officers who are defendants in Abuse Prevention Orders, the
defendant shall immediately surrender all firearms, including departmental weapons and
licenses, to the department serving the order.

ii.

Federal Firearms Provisions
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Although officers cannot enforce Federal provisions, the chief should be notified
whenever an officer identifies a case involving the following circumstances, because
there may be Federal action that can be taken:

VII.
i.



Misdemeanors Involving Domestic Violence: Under 18 USC § 922(g)(9), it is
unlawful for any person convicted of certain misdemeanor crimes involving
domestic violence to ship, transport, possess, sell or otherwise dispose of, or
receive firearms or ammunition. Federal law prohibits any person subject to a
qualifying order of protection from possessing firearms and ammunition. See 18
USC § 922(g)(8).



Federal Felon in Possession of a Firearm: Under 18 U.S.C. § 922(g)(1), "Felon
in possession of a firearm," it is unlawful for any person who has been convicted
in any court of a crime punishable by imprisonment for a term exceeding one year
to possess any gun or ammunition.



Persons Named in Protective Orders: Under the Federal Crime Control and
Law Enforcement Act of 1994, it is unlawful for an individual subject to a
"permanent" restraining order involving "intimate partners" to receive, ship,
transport, or possess guns (including handguns, rifles, and shotguns) or
ammunition that traveled in interstate commerce.



Misdemeanors are excluded from consideration if they are punishable by a term
of two years or less. Therefore, misdemeanors that are punishable by a term of
imprisonment of more than two years fall within that provision.

PROPERTY
Vacate Orders and Court Orders To Retrieve Belongings
Once a vacate, no contact, stay away, or refrain from abuse order is issued, officers shall
not accompany a defendant to the property for any reason without specific judicial
authorization.
The defendant in the vacate order is allowed to retrieve his or her belongings under the
following conditions:


The defendant must have a court order allowing for the retrieval of the property.
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ii.



The police must accompany the defendant and shall remain with the defendant,
throughout the process.



The victim must have prior notice from the police department and must agree to
the timing of the retrieval.



The defendant must not be allowed to use this as a means of harassing the victim.



The defendant may retrieve personal property including clothing, shoes, personal
care items, etc. If the defendant is attempting to collect any other items, including
furniture or electronic equipment that is in dispute, the defendant should be
referred to the issuing court or the Probate and Family Court for settlement of
shared property.



When a court order exists allowing for a victim to return to the defendant's
residence in order to retrieve his or her belongings, the police shall accompany the
victim to ensure the order is executed, and that the victim is able to follow the
order free from harassment or abuse by the defendant.

Removing Or Destroying Property
When a defendant is accused of removing or attempting to remove property from the
dwelling or is accused of damaging or destroying property, the officer should investigate
to determine whether the action is criminal the civil or criminal consequences and take
appropriate action (For example: malicious destruction of property).

VIII.

SERVICE OF RESTRAINING ORDERS
A. In-Hand Service [74.2.1]
Service of orders shall be made in hand unless otherwise ordered by the court. Chapter
209A, § 7 requires that "the law enforcement agency shall promptly make its return of
service to the court."
Upon service, a law enforcement officer shall, to the extent practicable, fully inform the
defendant of the contents of the order and the available penalties for any violation of an
order or terms thereof.
Orders shall be served promptly upon receipt. If service is initially unsuccessful, officers
must continue to attempt service until it is completed. If an officer is unable to make
service after “numerous attempts”, the officer should document, in detail, the service
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attempts on the “return of service” form and request the court to allow service by leaving
a copy of the order at the last known address of the defendant.
Service of orders may compromise victim safety. The victim's safety should be
considered in the timing of the service of the order. Officers should encourage the victim
to contact an advocate (through the D.A.'s Office or DVSN) in order to develop a safety
plan around the service of the order. [74.2.1]
B. Record Of Service [74.1.1; 74.1.2; 74.2.1; 74.3.1]
A record of all attempts at service shall be kept by the CAD/RMS log. Computer records
and service/attempted shall contain the following information. [74.2.1]


Date and time received; [74.1.1 (a)]



Type of legal process (civil or criminal); [74.1.1 (b)]



Nature of document (warrant, summons, default, capiases, etc.); [74.1.1 (c);
74.3.1]



Source of the document (issuing court, etc.); [74.1.1 (d)]



Name /address of plaintiff, defendant, complainant, or respondent; [74.1.1 (e);
74.1.2 (c); 74.1.2 (e)]



Officer assigned for service; [74.1.1 (f); 74.1.2 (b)]



Date/time of assignment and date/time service was executed/attempted; [74.1.1
(g); 74.1.2 (a)]



Court docket number (warrant, restraining order number, etc.); [74.1.1 (h)]



Date of service due; [74.1.1 (i)]



Offense; and



Method of Service/Reason for Nonservice/Disposition (mailed, served, faxed,
recalled, returned, or unserviceable). [74.1.2 (d)]



A report will be assigned throughCAD/RMS and all officer’s shall document the
service of the order.

C. Return Of Service
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All returns of service, including service of Emergency Orders, must be sent to the issuing
court.
D. Out Of State Orders Or Violations
A protective order issued in another jurisdiction (as defined in G.L. c. 209A, § 1) shall be
given full faith and credit in the Commonwealth of Massachusetts. A responding officer
shall serve and enforce the terms and conditions of an out-of-state protective order as
written by the issuing jurisdiction.
Officers shall make a warrantless arrest of any person the officer witnesses or has
probable cause to believe has violated an emergency, temporary or permanent vacate,
refrain from abuse, stay away, or no-contact order or judgment issued by another
jurisdiction. [74.2.1]
In assessing probable cause, an officer may presume the validity of the protection order
issued by another jurisdiction when the officer has been provided with:


A copy of the order, by any source; and



A statement by the victim that such an order remains in effect.

An order of protection is presumed valid if it gives the names of the parties involved,
contains the date the order was issued, has not expired, specifies the terms and conditions
set against the abuser, contains the name of the issuing court and is signed by the issuing
authority.
Violations of state orders or Massachusetts orders violated in another state may be
charged criminally as contempt of court (G.L. c. 220, section 14), in the Commonwealth
of Massachusetts. [74.3.1]
E. Orders Disseminated To The Department
The Court is responsible for sending the order to the appropriate law enforcement agency
for service on the defendant. In the event that the plaintiff brings an order to the police
department for service, officers should ensure that the department’s responsibilities under
G.L. c. 209A and this policy are met.
F. Firearms [41.4.5]
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Upon service of the order, officers shall immediately take possession of all firearms,
rifles, shotguns, machine guns, ammunition, and licenses or FID cards in the control,
ownership, or possession of the defendant. The license-issuing authority shall be
contacted at once and fully informed of the incident and provided full reports in
accordance with the current law. All confiscated items shall not be returned until the
Order has been vacated or the firearms provision has been modified by order of the court.
G.L. c. 140, §§ 129B, 131.

G. Notice To Plaintiffs
When assisting plaintiffs with emergency abuse prevention orders, officers should
provide guidance to the plaintiff as to the exact terms of the order sought.
H. Notice To Defendants
When serving an abuse prevention order, officers shall fully inform the defendant of the
contents of the order and penalties for any violation of an order and provide additional
resources, including information on batterer’s intervention programs, substance abuse
counseling, alcohol abuse counseling, and financial counseling. See G.L. c. 209A,
section 7. (See Appendix of this policy).
I. Third-Party Contact
The Abuse Prevention Order states that the defendant is “ordered not to contact the
plaintiff in person, by telephone, in writing, electronically or otherwise, either directly or
through someone else.” If there is third-party contact in violation of an outstanding abuse
prevention order, consider taking out charges against the third party or defendant for
violation of a restraining order or intimidation of a witness, depending on the appropriate
circumstances.

IX.

DOMESTIC VIOLENCE ALLEGATIONS AGAINST LAW
ENFORCEMENT PERSONNEL

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Law enforcement personnel, whether sworn or civilian, are not immune from committing
or being a victim of domestic violence. Although no person is exempt, whatever their
occupation, the dynamics change when law enforcement personnel are involved.
The following procedures and protocols are critical components to the integrity of the law
enforcement profession and the trust of the community.
When responding to a domestic violence incident involving law enforcement personnel,
all of the previously outlined protocols apply. However, the additional protocols
described in this section also apply.

A. Dispatch And Officer Response
The dispatchers or responding officers shall immediately notify the Patrol Shift
Supervisor of all domestic violence involving law enforcement personnel.
The responding officers shall take immediate action to ensure the safety of the victim and
all parties present.
The responding officers will remain on the scene until relieved by the responding
supervisor.
The responding officers shall document, in a report, their actions and complete such
report prior to the end of their tour of duty.

B. On-Scene Supervisor Response [81.2.4(f)]
A supervisor of higher rank than the officer involved shall respond to the scene of the
incident and conduct a thorough investigation;
The supervisor shall assess the actual and potential harm to the victim, children, and
others present, and ensure their safety;

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Upon investigation, if the responding supervisor has reasonable cause to believe that
there is evidence of physical abuse or that the threat of physical abuse exists, and the
abuser is a sworn member of the department, that supervisor shall seize and take into
custody, all department-issued firearms, licenses and equipment in possession of the
officer, and shall further conduct a check of all firearms databases and request the officer
surrender all personally-owned firearms and licenses;
If the suspected officer does not have their department-issued firearm(s) on his/her person
or under his/her control at the time of the incident, that supervisor shall accompany the
officer to the location where the firearm(s) are located and take custody of departmentissued firearm(s), licenses and any other weapons;
The supervisor shall ensure enforcement of G.L. c. 208, 209, 209A, 209C, c. 140, §
129B, court orders, all policies, procedures, and rules and regulations of the Department;
The supervisor shall ensure that a Board of Probation (BOP) and Warrant Management
System (WMS) check is conducted to determine the existence of outstanding abuse
prevention orders, harassment orders, or warrants in effect against the employee
involved;
The supervisor shall submit, through the department’s appropriate chain of command, a
written report detailing his/her assessment of the incident and action taken before the end
of that supervisor’s tour of duty.
C. Lieutentant Response
The Commanding Officer shall:


Upon being notified of a domestic violence incident involving a sworn officer,
will ensure the Patrol Shift Supervisor has responded to the scene and initiated an
investigation;



Ensure the safety of the victim, children, or others present at the scene.



Ensure enforcement of all provisions of G.L. c. 208, 209, 209A, 209C c. 140, §
129B, court orders, all policies, procedures, and rules and regulations of the
Department;



Ensure reports and proper documentation of the facts and circumstances of the
incident and the action taken are submitted through proper channels in accordance
with department procedures;
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

Ensure that appropriate mandatory notifications are made in accordance with
Department procedure and chain-of-command, including notifications to the
following:
a) Chief of Police; [11.4.5]
b) Lieutenant
c) Employee’s Shift Commander (if applicable)



Ensure that proper notice is given to the Massachusetts Peace Officer Standards
and Training (POST) Commission, pursuant to chapter 6E of the General Laws
and any and all regulations promulgated by the POST Commission.

D. Additional Considerations
When responding to a domestic violence complaint involving a police officer from
another jurisdiction, all responding officers, investigators, supervisors, and commanding
officers shall follow the same procedures that are to be followed in responding to a
domestic violence complaint regarding an officer from their own department.
In the event that the reported incident involves the Chief of Police, the commanding
officer shall notify the Town Manager.
In responding to an incident where the victim is a police officer, standard domestic
violence response and investigation procedures should be followed.
In responding to domestic violence incidents where the parties involved are both police
officers, standard domestic violence procedures should be followed. After probable cause
and dominant aggressor determinations are made, an arrest should be made and all
service weapons of the accused officer confiscated.
E. Involved Officer/Employee Response
Any officer or employee of the Stow Police Department who has either been served with
a restraining order, named as a defendant in a restraining order or complaint involving
domestic abuse, or is arrested for any crime involving abuse, shall:


Immediately provide notification to the Lieutenant at the time of the domestic
incident or becoming aware that a court order has been issued or is in existence
against them;
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

Within 24 hours provide written notification to the Lieutenant of his/her
permanent assignment, including a copy of the restraining order or other court
document; and



Upon being served with a restraining order, the officer shall immediately
surrender his or her License to Carry a Firearm / FID Card, department-issued
firearm, and any personal firearms in compliance with G.L. c. 140, § 129B to
his/her Lieutenant. The officer may file an affidavit with the District Court that a
firearm is necessary for employment and request an expedited hearing on the
suspension and surrender order. If the officer is allowed to retain his departmentissued firearm by the Court, the Chief of Police may impose certain conditions
(such as on-duty use and to be secured at the department during off-duty hours).
[26.1.5]

F. Chief of Police Response
The Chief of Police, or his/her designee, upon being notified that an employee under
his/her command has been served with a restraining order and/or involved in a
domestic incident, shall:


Take steps to ensure the safety of the victim and all parties;



Ensure that all appropriate notifications are made and that required documentation
is completed and reviewed;



If applicable, request an investigator conduct a follow-up investigation;



Determine if an internal affairs investigation should be conducted; [26.1.5]



Determine the employee’s work status and if applicable, any appropriate
disciplinary action. Pending a determination regarding the employee’s fitness for
duty, it may become necessary to place the involved officer or employee on
Administrative Leave or Administrative Duty; and



Ensure all completed investigatory reports have been submitted directly to the
Chief of Police for his/her final approval, or continued investigation.

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APPENDIX A
Domestic Violence Notice of Rights

M.G.L. C. 209A Rights Form
You have the right to appear at the Superior, Probate and Family, District or Boston Municipal
Court, if you reside within the appropriate jurisdiction, and file a complaint requesting and of the
following applicable orders:
(a) An order restraining you from your attacker from abusing you;
(b) An order directing your attacker to leave your household, building or workplace;
(c) An order awarding you custody of a minor child in your custody;
(d) An order directing your attacker to pay you for losses suffered as a result of abuse,
including medical and moving expenses, loss of earnings or support, costs for restoring
utilities and replacing locks, reasonable attorney’s fees and other out-of-pocket losses for
injuries and property damage sustained.
For an emergency on weekends, holidays, or weeknights the police will refer you to a justice of
the Superior, Probate and Family, District or Boston Municipal Court Departments.
You have the right to go to the appropriate District Court of the Boston Municipal Court and
seek a criminal complaint for threats, assault and battery, assault with a deadly weapon, assault
with intent to kill or other related offenses.
If you require medical treatment, you have the right to request that an officer present drive you to
the nearest hospital or otherwise assist you in obtaining medical treatment.
You have the right to request that an officer remain present with you, on scene, until you and
your children can leave or until your safety is otherwise ensured. You may also request that the
officer assist you in locating and taking you to a safe place, including, but not limited to a
designated meeting place for a shelter or family member’s or friend’s residence or similar place
of safety.
You may request a copy of the police incident report at no cost from the police department.
I, the undersigned, have received a copy of this Abused Persons (209A) Notice of Rights:
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____________________

__/__/____

___:___

______________________________

Signature
Local DV Assistance:

Date

Time

Officer

DVSN Help Line 888-399-6111, SAFELINK 877-785-2020, Safe Recovery 978-388-6600
EMERGE (For men who batter) 617-547-9879, Jane Doe Inc. 617-248-0922, Advocates 781-893-2003

Notice to Plaintiff Regarding Abuse Prevention Order
Police shall explain the terms of the order to the Plaintiff when applicable:
This is information about the abuse prevention order (restraining order) that may help you
understand the terms of the order. Please read the order carefully.
A restraining order is a court order. This means that ONLY a judge can change the order.
You CANNOT change or end the order without returning to court. Even if you request,
agree, or allow the defendant** to do something forbidden by the order, the defendant
will be in violation of the restraining order and will be arrested even if you do not want
that to happen.
A restraining order is a civil order, but a violation of the order is a criminal offense. If
you believe that the defendant has violated the order, you should report the violation to
the police. A defendant found guilty of violating a restraining order can go to jail for up
to 2 ½ years and/or be placed on probation.
A criminal conviction (even a continuance without a finding) can (among other things)
affect the defendant’s ability to obtain employment, public housing, or citizenship, or
result in deportation. If the police observe a violation of a restraining order or have
probable cause to believe that the defendant has violated the restraining order, the police
are required to arrest the defendant.
If the defendant is ordered not to abuse you, this means that:
• The defendant cannot physically assault or threaten you.
• The defendant cannot do anything that gives you reason to fear that the defendant might
cause you physical harm.
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• The defendant must not use force or a threat of any kind to make you have sex
unwillingly.
If the defendant is ordered to have no contact with you, this means that:
• The defendant cannot live with you.
• The defendant must stay so many feet or yards away from you. The distance is listed on
the order.
• The defendant cannot contact you in any way. This includes, but is not limited to, phone
calls, text messages, emails, cards, and gifts. The defendant may not contact you through
friends, relatives (including children), neighbors, or anyone else, or by sending or posting
messages on Facebook, Twitter, SnapChat, LinkedIn, or any other social network site,
unless specifically allowed in the restraining order.
• If the defendant is somewhere and you come to that same location, the defendant must
leave that place as quickly as possible even if the defendant was there first.
If the defendant is ordered to leave a residence, this means that:
• The defendant must leave the residence immediately and stay away from that address
while the order is in effect. The defendant must stay away from the address even if you
are not there. If the residence is an apartment, the defendant may be ordered to stay away
from the entire building, even if the lease is in the defendant’s name.
• The defendant cannot damage the residence in any way.
• The defendant cannot shut off any utilities or interrupt mail delivery to you. These
orders apply even if the lease and / or utilities are in the defendant’s name.
If the defendant is ordered to stay away from your work, this means:
• The defendant must stay away from the place where you work as long as the order is in
effect. The defendant must remain away from that address even if you are not there at the
time.
Domestic Violence High-Risk Model: The Stow Police Department belongs to a Domestic
Violence High Risk Team through DVSN and has adopted the Domestic Violence High-Risk
Model for addressing, responding to, and reducing domestic violence. The Stow Police
Department has adopted the use of risk assessment worksheets in order to provide consistent,
systematic responses to monitor offenders and enhance the safety of victims. The Stow Police
Department Domestic Violence High-Risk Team is made up of multiple agencies and provide a
vehicle for communication among the different disciplines involved in the domestic violence
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response system. The Stow Police Department, high-risk teams are focused equally on offender
accountability and victim safety. The High Risk Assessment is located in Appendix B of this
policy.
Officers of the Stow Police Department Shall conduct a risk assessment screen for the following:
when there is a current or previous intimate relationship between the parties and the responding
officer:
1. Is arresting the abuser or is asking for a warrant or criminal charges to issue
2. If there is no probable cause for criminal charges a Risk Assessment can also be done if the
following exist:





Believes a violent incident may have occurred,
Senses the potential for danger is high,
Is responding to repeat names or location, or
Simply believes one should be conducted.

When completing a formal Risk Assessment Worksheet with the victim, it is important that the
officer completes the form and does not ask the victim to fill out the form. This is also true for
the above-mentioned Strangulation Worksheet.
Interviewing the victim and conducting the risk assessment:
1. If there is need for emergency medical attention, conduct the interview after the victim has
been treated (most likely at the medical facility).
2. Conduct the victim interview in a private setting, away from the suspect and, if possible, other
family members.
3. In the case of a disclosed sexual assault, follow department procedure.
4. Obtain preliminary information from the victim about the current reported incident and
specifics leading up to the incident, whether there is a relationship between the victim and
suspect, prior history of abuse, any court orders, use of weapons, or use of alcohol/drugs.
5. Record the victim's excited utterances and emotional and physical condition.
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6. Note demeanor, body language and other nonverbal communication and document in the
police report.
7. Document the victim's injuries and inquire about injuries that are not visible.
8. Obtain temporary addresses/phone information from the victim.
9. If the four criteria to conduct a risk assessment have been met, conduct the risk assessment.
10. Officer(s) should use the Risk Assessment form and provide as complete answers as possible
to all questions. (Sample form attached as Appendix B).
11. The information received from the victim should then be included in, and attached to the
incident report.
12. If the victim answers yes, to any of the high-risk questions, the officer should further
investigate positive answers by asking for more details.
Responsibilities once the risk assessment screen has been completed: If an officer determines
and/or feels that the victim is at high risk and needs immediate assistance they should:
1. Inform the victim of his/her concerns for the victim’s safety based on the answers given to the
assessment questions;
2. Inform the victim that there are free and confidential services available that offer a wide range
of services;
3. Inform victim of DV shelter hotline and assist if asked;
4. Inform the victim of Protective Order information and options;
5. The officer will offer to contact the local domestic violence agency for the victim to speak
with an advocate; and
6. The officer will attach the worksheet to court paperwork and forward to the District Attorney’s
Office for review.

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Appendix B

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Appendix C
Strangulation Worksheet

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Documentation of Strangulation
Questions Officer’s shall ask in order to Document Strangulation: (Also refer to the
strangulation worksheet)
1. Did the perpetrator use one or two hands?
2. Were you shaken while being strangled? If so, how much?
3. Were you whipped back and forth?
4. How much force was used and how hard were you grabbed?
5. Were you grabbed from the front or from the back?
6. Do you know how long you were strangled?
7. Were you strangled by the perpetrator’s hands or arm?
8. Was an object used?
9. Was he/she wearing rings?
10. Did you try to get their hands off?
11. Did he/she say anything while strangling you?
12. How did the strangulation stop?
Questions to Determine Internal Injuries:
1. Did you have difficulty breathing?
2. Did you feel light-headed, faint, or close to losing consciousness?
3. Did you experience any loss of bodily functions?
4. Are you experiencing nausea or vomiting?
5. Are you in pain or discomfort?
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6. Are you having trouble swallowing?
7. Have there been past incidents of strangulation?
Possible Physical Symptoms of Victims:
1. Spots around eyes or face from a ruptured capillary
2. Bruising
3. Impression marks, rope or cord burns
4. Swelling of the neck
5. Loss of bodily functions
6. Ringing ears or light-headedness, raspy voice
7. Difficulty talking, breathing, or swallowing
8. Sore throat, bleeding from the mouth
9. Fainting
10. Petechiae behind ears; bleeding from ear canals
Possible Physical Evidence on Perpetrator:
1. Scratches or cuts
2. Bite marks on the arms, hands, or chest
3. Finger impressions on hands or arms
**When strangulation is indicated by either the victim or the suspect, it is ideal to complete the
Strangulation Worksheet which includes all questions cited in this section (See attached
Appendix C).

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Appendix D
Available Resources and Referrals (updated 2026)
Jane Doe Inc.
Massachusetts Coalition Against Sexual Assault and DV

617-248-0922

SAFELINK
Statewide listing of DV shelter beds and referrals to programs

877-785-2020

The Network/La Red
Specializes in services to the Gay, Lesbian, and Transgender communities 800-832-1901
Safe Recovery

978-388-6600

Specializes in services for victims with co-occurring substance abuse and domestic violence
concerns
Child Witness to Domestic Violence Project

617-414-4244

Specializes in services for children 0-8 years old who have been exposed to domestic violence
Llamanos Y Hablemos

800-223-5001

Sexual assault hotline for Spanish speaking individuals
Asian Task Force Against DV

617-338-2355

Specializes in services to Asian Communities
Deaf, Blind and Hard of Hearing DV Hotline

800-787-3224 (TTY)

EMERGE

617-547-9879

Intimate Partner Abuse Education (for batterers)
Mass. Alliance of Portuguese Speakers (MAPS)

617-864-7600
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SAHELI

866-472-4354

Supports South Asian and Arab survivors of domestic violence
Military Criminal Investigations Division Field Office

312-772-9459

Elder Abuse Hotline

800-922-2275

Disabled Persons Hotline

800-426-9009

Child at Risk Hotline

800-792-5200

Other programs are listed on www.janedoe.org/find_help/search

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Appendix E
Intimate Partner Abuse Education (updated 2026)


EMERGE
www.emergedv.com/
617-547-9879



Massachusetts Alliance of Portuguese Speakers (MAPS)
www.maps-inc.org/.
617-864-7600



P.A.V.E (Spectrum Health Systems, Inc.)
www.spectrumsys.org/programs/domestic-violence.
508-854-3320 ext 3596



Impact Intimate Partner Abuse Education Program (Eliot Community)
www.eliotchs.org/intimate-partner-abuse-education/.
(781) 861-0890

*other statewide programs can be located in the 2025 Massachusetts Domestic Violence
Guidelines

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Appendix F
Stow High Risk Team & Domestic Violence Services Network (DVSN)
Help Line: 888-399-6111
[email protected]
http://dvsn.org/
P.O. Box 536
Concord, MA 01742
Business Line: 978-318-3421
Fax: 978-318-3442

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