Governor Kathy Hochul announced new state guidance for police departments and sheriffs’ offices when responding to domestic incidents. The state’s Law Enforcement Domestic Incident Model Policy outlines trauma-informed and survivor-centered best practices and procedures for police officers and supervisors to follow, with the goal of promoting safety for victims and officers, connecting individuals to services and support, and preserving evidence of a crime, among other topics. The Governor has secured $1 million to further expand the use of the state’s Red Flag Law in situations of intimate partner and gender-based violence by providing training and technical assistance to community-based organizations so they can facilitate the filing of these potentially life-saving orders. Governor Hochul also signed S.5935/A.5040 and S.5915/A.5347, two new laws related to domestic violence prevention, during a roundtable discussion with survivors in Albany.
The Governor expanded use of the state’s Red Flag Law in the aftermath of the 2022 racially motivated murders at the Tops supermarket in Buffalo. Also known as the Extreme Risk Protection Order (ERPO) Law, the law is designed to prevent individuals who show signs of being a threat to themselves or others from purchasing or possessing any kind of firearm, while providing procedural safeguards to ensure that no firearm is removed without due process.
This new, $1 million investment will fund training and technical assistance for community-based organizations so they can help potential ERPO petitioners – family members, school officials, and health and mental health care providers, among others – identify extreme risk behavior and navigate the court process to further increase the use of this critical public safety law. The state Division of Criminal Justice Services (DCJS) and OPDV will work with the state’s 10 Domestic Violence Regional Councils to implement this initiative.
The new Law Enforcement Domestic Incident Model Policy addresses significant shifts in law enforcement policy and practice that have occurred since the state first issued guidance in 2010, as well as an increased understanding of the effects of trauma, the need to assess for lethality factors when responding to these incidents, and the importance of putting victims and survivors at the center of any response and holding individuals who harm accountable for their behavior. The State’s Municipal Police Training Council, to which DCJS provides staff support, adopted the policy after working with subject matter experts in policing, domestic violence prevention and response, and law enforcement training.
In addition to announcing the availability of this critical guidance for law enforcement and funding to expand the use of the state’s Red Flag Law, Governor Hochul signed legislation S.5935/A.5040 enacting the “Hope Card Act” that directs the state Office of Court Administration to develop a program to issue cards containing information of a final order of protection at no cost to individuals. This will empower and enable survivors to enforce their orders of protection without carrying, and risk losing, their official copies. New York is the sixth state to implement a Hope Card program.
The Governor also signed legislation S.5915/A.5347 requiring the State Office for the Prevention of Domestic Violence to distribute informational materials on economic abuse. According to the National Coalition Against Domestic Violence, more than 90 percent of survivors of domestic violence have suffered economic abuse, but many people do not see themselves as being in an abusive relationship if they are not being physically harmed. Informational materials for victims and survivors of domestic- and gender-based violence will include connections to housing resources, local social service offices, and more to help individuals attain safety and stability.
The Model Policy addresses changes in law enforcement practice, updates to state law, including the Red Flag Law, and ways for the law enforcement response to be more survivor-centered, including:
- Assessing potential lethality to a victim by asking questions about their partner’s access to guns or threats to harm themselves or others, prior incidents of strangulation, harm experienced during pregnancy, jealously and escalating violence. If an individual answers yes to these questions, the guidance provides officers with detailed information about the next steps they should take, including immediately connecting the victim with safety planning by calling a state or local domestic violence hotline or arranging for an advocate to arrive on scene; obtaining evidence from all possible sources, such as phone records, video, and license plate readers, not solely the victim; and consult with prosecutors prior to arraignment if an individual has been charged in connection with the incident.
- Determining if it is necessary to obtain an ERPO to remove any firearms from the home if the alleged abuser poses a danger to the victim, themselves, or others. The Municipal Police Training Council also has an Extreme Risk Protective Order Model Policy and DCJS has provided training on the topic to assist law enforcement professionals with this assessment and their responsibilities under the law.
- Using the individual’s own words when documenting the incident, rather than drawing conclusions: “I can’t sign this or he’ll kill me,” instead of characterizing the statement, such as “victim refused to cooperate.” Police officers must complete a New York State Domestic Incident Report, whether or not an offense occurred, or an arrest is made.
- Notifying individuals about the availability critical civil legal services so they can obtain orders of protection, and assistance with custody and housing, among other legal matters resulting from their victimization.
- Understanding how the effects of trauma and coercive control may result in victims and survivors of domestic violence being hesitant to say what happened, list events in illogical order, and fear authority figures or that police involvement may subject them to future harm.
- Using body-worn cameras may affect a victim’s willingness to provide information. If a victim requests an officer stop recording, that request should be documented on camera before the recording is deactivated.
Police departments and sheriffs’ offices are not required to adopt the Law Enforcement Domestic Incident Model Policy: It is designed so each agency can develop their own policies and procedures to best serve the unique needs of their community. Development of model policies is a core function of the Municipal Police Training Council, which also establishes requirements for statutorily mandated police and peace officer basic training in New York State, and police and peace officer instructor certifications, among other responsibilities.