Police Intervention In Family Law: When And Why?

Police involvement in family law situations is a complex issue that requires a nuanced approach. While law enforcement officers are primarily responsible for enforcing criminal law, they often find themselves in family law territory, assisting with court order compliance or responding to domestic disturbances. In situations involving spousal or child support orders, police intervention may occur when violations lead to contempt charges, resulting in potential jail time and fines. Similarly, interference with child custody orders can be a felony, empowering officers to arrest non-compliant parents. However, police departments may exhibit varying levels of involvement in family disputes, with some refusing to enforce custody orders without aggravating factors like kidnapping or child endangerment. Ultimately, the decision to involve law enforcement in family law matters depends on the specific circumstances, balancing the need for physical safety and the understanding that police are not relationship micromanagers.

Police involvement in spousal support

Understanding the Role of Law Enforcement:

It is essential to recognize that police officers are not relationship counsellors or mediators. They are not tasked with managing relationship dynamics or settling disputes related to visitation arrangements, money, or personal property. These issues are typically handled by family law attorneys, who provide legal guidance and support.

Domestic Disturbances and Violence:

However, law enforcement officers do become involved in spousal support situations when domestic disturbances or violence occur. If there are reports or indications of physical violence, fear of bodily harm, criminal activity, or child abuse, contacting the police is absolutely appropriate. Their presence can help de-escalate volatile situations and ensure the safety of those involved.

Court Order Violations:

Police intervention is also necessary when court orders, such as protective orders or parental kidnapping cases, are violated. In these instances, the life or safety of an individual may be at risk, and law enforcement officers have the authority to enforce these orders and protect those affected.

Mental Health and Emotional Abuse:

While police are primarily focused on physical safety, they may also be involved in situations where there is a significant concern for an individual's mental health or emotional well-being. This can include instances of psychological abuse or threats that do not involve physical violence. However, it is important to note that each situation is unique, and the involvement of mental health professionals or social services may be more appropriate in certain cases.

False Reports:

Making false reports to the police about spousal misconduct, trespassing, property destruction, domestic violence, or child abuse is unacceptable and illegal. These tactics not only waste valuable law enforcement resources but also undermine the credibility of the reporting party. False reports can have serious consequences, including prosecution, and they create a dangerous and unpredictable environment for all involved.

In summary, police involvement in spousal support situations is primarily focused on ensuring the physical safety of individuals. While officers will not mediate relationship disputes, they will respond to situations involving domestic disturbances, violence, court order violations, and concerns for mental health or emotional abuse. It is important for individuals to carefully assess their circumstances before involving law enforcement and to remember that false reports can have significant repercussions.

Child custody and police

Child custody is a delicate matter, and while police involvement is not always necessary, there are certain situations where contacting law enforcement is critical.

Police officers are not relationship counsellors or mediators, and they are not tasked with micromanaging relationships or resolving disagreements. For example, if there is an informal child visitation arrangement in place, and one parent refuses to abide by the terms, the police will not get involved. Similarly, disputes over money or property are not matters for the police but are instead issues to be raised with a family law attorney.

However, the police do take physical safety and wellbeing very seriously, and in cases of domestic violence, physical violence, fear of harm, criminal activity, or child abuse, contacting law enforcement is entirely appropriate. Police should also be contacted when court orders are violated and a person's life or safety is at risk, such as in cases of parental kidnapping or breaches of protective orders.

It is important to remember that making false reports to the police is never acceptable. False reports waste police time and resources, diverting them from genuine emergencies, and they can also have serious consequences for the person making the false report, including prosecution and a loss of credibility in any legal dispute.

In the UK, the Home Office Concordat on Children in Custody states that police cells are not suitable places for children and should only be used to hold them for short periods when no other option is available. This guidance was introduced in 2017, and since then, there has been a decrease in the number of children held overnight in police cells. However, there are still instances where children are kept in police custody for extended periods, which can be traumatic and harmful to their wellbeing.

Police involvement in child support

Police involvement in family law situations typically arises in cases of domestic disturbances, physical violence, fear of bodily harm, criminal activity, or child abuse. In the context of child support, police intervention may occur in the following scenarios:

Child Custody Disputes

Police involvement in child custody disputes can be complex and is often dependent on specific circumstances and state laws. In most cases, police officers cannot enforce civil child custody orders without a court directive. However, they may respond to calls regarding custody exchanges or visitation refusals to prevent domestic disputes from escalating. In some states, judges may include language in custody orders explicitly authorising law enforcement to assist in enforcing the order or facilitating custody transfers. This is more common when there are concerns for the child's safety.

Child Protective Services Investigations

When a report of child maltreatment is made, police involvement is often required by law. Police officers work jointly with child protective services (CPS) to investigate allegations of child abuse or neglect. Their co-involvement can lead to allegations being judged more credibly and can result in increased support services for the family. However, there have been apprehensions about friction between the two agencies, which some critics argue can hamper investigations and lead to heavy-handed outcomes.

Criminal Activity

If a parent violates a court order, such as a protective order or parental kidnapping, law enforcement should be contacted as it poses a threat to the child's life or safety. Additionally, police involvement may be necessary in cases of custodial interference, where a parent unlawfully takes, detains, or conceals a child, which is considered a criminal offence.

It is important to note that police involvement in child support matters is typically limited to situations where there is a potential criminal element or risk to the child's well-being. Civil disputes regarding child support agreements are generally handled by family law attorneys and the courts.

Police involvement in family violence

Police involvement in family law situations, particularly those involving domestic violence, is a critical aspect of ensuring the safety of individuals and families. While law enforcement officers are not responsible for micromanaging relationships or resolving minor disagreements, they play a crucial role in responding to and addressing situations of family violence.

In the context of family violence, police involvement can be multifaceted and vary depending on the jurisdiction. In general, police officers have specific powers and responsibilities to ensure the protection of victims and the enforcement of relevant laws. These powers may include the ability to enter premises, conduct searches and seizures, make arrests, and issue directions or detention orders.

Entering Premises

One of the key powers of the police in family violence situations is the ability to enter premises without a warrant in certain circumstances. This is especially important when there is a risk to the victim's safety, and it is authorised by family violence legislation or criminal procedure laws in most jurisdictions. For example, in Victoria, Australia, a police officer can enter premises without a warrant if they reasonably believe that a person has assaulted or threatened a family member or is violating a protection order.

Search and Seizure

Police officers also have the authority to search premises and seize relevant items, such as firearms or other objects that could cause injury, in the context of family violence investigations. These powers are typically conferred by family violence legislation or criminal procedure laws and enable officers to gather evidence and ensure the safety of those involved.

Arrest, Direction, and Detention

The power of arrest is another critical tool for police in family violence cases. While the decision to arrest is usually made based on evidence and the likelihood of a successful prosecution, some jurisdictions have modified their laws to provide greater powers of arrest and detention in family violence cases. This modification recognises the immediate need to protect victims and affected family members.

In addition to arrest powers, police officers in some jurisdictions can issue directions or detention orders to further ensure the safety of those involved. For example, in New South Wales, Australia, a police officer can direct a person who has used family violence to remain at the scene of the incident or go to a designated place while arrangements are made for a protection order.

Police Involvement in Context

It is important to note that police involvement in family law situations, particularly those involving domestic violence, is just one part of a broader response. Police work in conjunction with legal systems, social services, and support organisations to address family violence and support those affected.

Furthermore, while police involvement is crucial in many family violence situations, it is not always the only option. Individuals experiencing family violence can also seek support from relatives, friends, lawyers, and domestic violence support services. Making a decision to involve the police in family law situations can be complex and dependent on various factors, including the level of risk and the specific circumstances of each case.

Police involvement in child protection

Police involvement is crucial in child protection cases, and their role is often multidisciplinary, working with social workers and medical professionals to ensure the safety of the child. In Queensland, Australia, the police recognise that their first responsibility is to protect the child, and their second responsibility is to gather evidence for prosecution.

When a report of child maltreatment is made, police officers are typically involved in investigating the allegations, often alongside child protective services (CPS). In some US states, their co-involvement is required by law. Police involvement in CPS investigations has been shown to result in allegations being judged more credibly and in families receiving more support services. Police can also place a child under police protection for up to 72 hours if they believe the child is at risk of harm, without needing a court order. They must then contact the local council, who will decide on the next steps for the child's care.

Police officers can also take statements from witnesses, search for and seize evidence, and arrange medical examinations of the child. They are also responsible for initiating court proceedings to protect children at risk of further abuse and arranging police assistance to other agencies. In the UK, if child abuse is reported to the police, the case will be handled by a specialist child abuse investigation team, and they will notify the local council's child protection team.

Frequently asked questions