Sample Administrative Petition | | (Type in name of responding agency) Sample City Police Department Sample City Legal Assistance and) Sample City Alliance ) Against Domestic Violence ) ADMINISTRATIVE PETITION ‘TO PROTECT FAMILIES FROM DOMESTIC VIOLENCE Petitioners. ) ) ) Petitioners, (insert names of petitioners) Sample City Legal Assistance and Sample City Alliance Against Domestic Violence, request that (insert name of petitioned agency) Sample City Police Department (SCPD) take immediate and effective action to (briefly describe the purpose of the petition) adopt a Department-wide regulation requiring police officers to seek Emergency Protec: tive Orders (EPOs) on all domestic violence calls when a respondent is arrested. Presently, (summarize current state of affairs) an arresting officer uses his or her discretion to de- termine whether to apply for an EPO from the Superior Court. This being the case, respondents are often released from custody and return to the victim's home within 24-48 hours of the violent iden “These actions are hurting (briefly describe who is being hurt by the current state of affairs, and how) victims of domestic violence and their families by exposing them to further acts of violence. This includes the most vulnerable in our society, children. For example....(ins example(s) illustrating the harm caused). ‘The (insert name of petitioned agency) SCPD is under a legal duty to (briefly summarize the agency’ responsibility) serve and protect members of the Sample City community. This includes, but is not limited to, adopting rules that will protect familis ns where there is a high risk of domestic violence. Advocating fo Using the Administrative Petition to Serve Community Health | 54 & S = 5 = 5 > 5 & A a 2 5 S E = “ 3 2 3 EtPetitioners request that the agency fulfill this responsibility by taking the following actions (list correc- tive actions): ly to the Superior Court for an EPO on every domestic violence call when a respondent is arrested, 2) Train all SCPD officers to follow this procedure, thus removing the element of discretion. 3) Require officers to notify victims about nonprofit agencies and other community resources that can. orders more long: STATEMENT OF FACTS (explain the situation in greater detail—additional pages can be attached if necessary) Currently, SCPD_ Officers use their discretion to determine if and when to issue an EPO, Many officers are not familiar and do not know how to seek an EPO. An EP ximately 7-10 is tt what the family ne stay in the home or move. Time to decide if the i back to the home, Time to file Restraining Order of Protection wi rt, thereby working out custody is protection issues. PETITIONERS (insert names of petitioners) Sample City Legal Assistance, Inc. is a nonprofit organization that is dedi- éated to (describe the purpose of the organization) providing free legal services tothe low-income and le City. Sample 1estic Violence is an allian¢ yrofit organizations working tc tic violence, To this end, (petitioners’ names) Sample City Legal Assistance and Sample City Alliance Against Do- ¢mestic Violence are active in (describe the organizations’ activities) providing community education ling case agement to famili ims of domestic violence. _I = assistance, cas i \d other assistance to over domestic violence. (oR) (insert name of petitioner) isa resident of the state of. . She is directly affected by the current state of affairs because (describe how the petitioner is affected) AUTHORITY ‘The right to petition (insert type of agency) city agencies is contained in (insert the code section number of state or local petitioning law) Section 1.28.150 of the Sample City Municipal Code, which states that_ ‘any interested person may petition a cit al of a regulation.” Within 30 days of receiving a petition, city agencies are required to deny the petition or set the matter for hearing. Section 1,28.160, 52 | Advocating for Change | Using the Administrative Petition to Serve Community HealthSample Administrative Petition this administrative petition is also filed under Section 3 of the California Constitution and the Ist ‘Amendment to the U.S. Constitution, both of which give the public the right to petition government forthe redress of grievances. “The (insert agency’ name) SCPD’s authority to take the actions requested in this petition derives from (insert the statute, court decision, or other appropriate legal authority) Sample City Municipal Code Sec- tion 1,39.160, which gives the agency the power to (quote or summarize relevant portions of the statute or decision) adopt rules and regulations ic violence intervention and prevention, (insert additional authority, if any) further provides that the agency (shall or may) (quote relevant portions of the statute or decision) RELIEF REQUESTED Petitioners request that the (insert agency's name) Sample City Police Department take the following actions (list corrective actions requested): 1) Adopt a regulation requiring arresting officers to apply to the Superior Court for an EPO on every domestic violence call when a respondent is arrested, 2) Train all SCPD officers to follow this procedure, thus removi ion. 3) Ret ify victi nonpr encies and other community resources that can CONCLUSION In view of the seriousness of the present problem, petitioners urge that the (insert agency’ name) ‘Sample City Police Department immediately take the actions set forth in this petition. DATED: (insert date of filing) 2/28/2008. Respectfully submitted, (insert petitioner’s name, if an individual, or peti- tioner's representative, if an organization) ‘Sample City Legal Assistance and Sample City inst Domestic Vi By: (signature) By: (signature) ‘Advocating for Change | Using the Administrative Petition to Serve Community Health | 53 ia B: S ic} cl) > iS} 5 Es 4 Ss | PI na bed N