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 New Orleans
 Code of Ordinances
 Chapter 54. CRIMINAL CODE
 Article VIII. DOMESTIC VIOLENCE

  § 54-528. Duties of law enforcement officers.  

Latest version.

  • (a)

    A law enforcement officer who responds to an allegation of domestic abuse and/or has probable cause to believe that a violation of this article has been committed or attempted, shall, in the officer's sound discretion, use all reasonable means to protect the victim and prevent further violence, including but not limited to:

    (1)

    Arresting the offending party whether or not the offense occurred in the officer's presence;

    (2)

    Taking the action necessary to provide for the reasonable safety of the victim and any other family or household member;

    (3)

    Confiscating any weapon identified by the victim or a witness as being involved in the alleged domestic violence;

    (4)

    With the victim's consent, transporting or obtaining transportation for the victim and any child in the victim's custody in obtaining medical treatment, including obtaining transportation to a medical facility in the city; and

    (5)

    Giving the victim immediate and adequate written notice of the rights of victims and of the remedies and services available to victims of domestic violence.

    (b)

    A law enforcement officer who has reason to believe that a violation of this article has occurred, shall make a written report of the alleged incident, including a statement from the complainant, the action taken by the officer and other relevant information on a standard form prescribed by the superintendent of police.

    (c)

    Where the allegation of domestic abuse is known to involve a member of the police department or another commissioned peace officer, the investigation and report shall be made by a law enforcement officer, with a rank of lieutenant or higher. However, in all cases, the investigation and report shall be made by an officer with a rank higher than the alleged offender and a copy of the report shall be provided to the superintendent of police.

    (d)

    The superintendent of police shall compile and maintain statistical information pertaining to incidences of domestic violence.

(M.C.S., Ord. No. 16,673, § 1(42-526), 10-6-94)