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Newport News Police Department
4) After the officer concludes the conversation with the advocate, the officer will ask the victim
if they have reconsidered and would now like to speak with the advocate.
5) The advocate will guide the officer if any additional assistance is needed.
h. The officer will document that the L.A.P. form was completed and submitted in the narrative.
IV. STALKING ARREST AND REPORTING REQUIREMENTS
A. Arrest Procedures
1. Officers shall arrest those people who have been identified as committing acts of stalking against
another when the arrest can be supported by the complaint of the victim and the circumstances or
evidence. An Arrest Report and an Incident Report are completed after the arrest.
NOTE: This policy's guidelines do not apply to law enforcement officers or private investigators as
defined in §§9.2-1101, 9.1-138, and 9.1-139 of the Code of Virginia while performing official
duties or conducting legitimate business.
2. When the offender is not present but can be identified, the investigating officer shall obtain the
warrant(s) and arrange to have the warrant(s) served as quickly as possible.
3. When making an arrest for stalking, the officer shall check the offender for prior stalking convictions.
The offender will be charged as follows:
a. Stalking (§18.2-60.3, Class 1 misdemeanor).
b. In cases where the offender has previous stalking convictions (as set out in §18.2-60.3 of the Code
of Virginia) or a substantially similar offense under the law of any other jurisdiction, the offender
shall be charged with a Class 6 felony.
4. Examples of related offenses for which the officer shall arrest the suspect or obtain warrants may
include:
a. Any felony associated with stalking.
b. The victim alleges previous events by the same offender.
c. Use, or implied use, of a weapon to injure, threaten or intimidate the victim.
d. A high degree of probability that violence, criminal sexual assault, death, or injury will occur.
e. Violation of a valid protective order.
f. Any offense committed in the officer’s presence.
g. Any assault resulting from the act of stalking that leaves physical marks on the victim (i.e. cuts,
bruising, swelling or abrasions) or results in internal injuries.
NOTE: All allegations of criminal sexual assault will be directed to the Special Victims Unit for
investigation.
B. Stalking Reporting Requirements
The investigating officer shall prepare an IBR, which documents the following:
1. Any history of the parties involved, including prior calls for service.
2. Evidence of either party’s involvement, including the existence of witnesses to the incident(s).
3. Physical evidence from either party’s involvement.
4. The existence of previous or current protective orders filed against any of the involved parties.
5. The likelihood of future injury to any of the parties involved.
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