By: Todd Duncan, Law Enforcement and Safety Specialist
Civil disputes can quickly place deputies between parties who expect law enforcement to decide ownership, possession, residency, or parental rights. In these situations, deputies should take enforcement action only when necessary to address a law violation or immediate safety threat. Otherwise, they should maintain neutrality, focus on preserving the peace, and avoid using law enforcement authority to resolve disputes that must be settled through the courts.
The Issue
Property disputes, landlord-tenant disagreements, repossessions, evictions, civil standbys, and child custody conflicts frequently involve competing claims of legal authority. Deputies may be shown court documents, asked to remove a person or property, or pressured to enforce one party’s interpretation of ownership or custody.
The Sheriff’s Office must remain neutral when no crime or imminent disturbance is present. Deputies may preserve the peace, mediate impartially, investigate possible offenses, and refer the parties to the courts, attorneys, or other appropriate resources.
Child custody disputes require additional attention because the child’s welfare is the primary concern and some conduct may constitute a criminal violation. When no court order exists, natural or adoptive parents generally have equal custody rights, and deputies must not intervene on behalf of either parent.
Why It Is Important
Improper intervention may result in a deputy:
Taking sides in a private dispute or assisting with an unauthorized repossession, eviction, removal of property, or enforcement of visitation rights.
• Removing a person from a residence or hotel room without proper legal authority.
• Acting on an outdated, invalid, misunderstood, or out-of-state custody order.
• Physically removing a child when the circumstances do not authorize immediate intervention.
• Failing to recognize criminal conduct or a situation in which a child is seriously endangered.
The greatest risk often arises when a deputy takes enforcement action before clearly establishing the legal basis for doing so. Conversely, treating every conflict as “a civil matter” may result in a failure to investigate a criminal offense or protect an endangered child
Recommendations for Mitigating Risk
1. Slow the call down and define the deputy’s role. Hear both sides, determine whether a crime or immediate safety threat exists, and explain that maintaining order does not include deciding disputed ownership, tenancy, custody, or visitation rights.
2. Verify before acting. Read available court orders and attempt to confirm their authenticity and current status. Consult the County Attorney’s Office when the civil or criminal nature of the matter is unclear, when an out-of-state custody order is involved, or before taking physical custody of a child unless immediate protection is necessary.
3. Use the least intrusive lawful response. Focus on de-escalation, protection of the child, preservation of the peace, appropriate referrals, and enforcement of clearly established criminal violations. Record the encounter using available body-worn or in-car cameras and complete a report sufficient to document the parties’ claims, documents reviewed, safety assessment, consultations, decisions, and actions taken.
Don’t have a policy covering civil standbys or child custody disputes? NIRMA has you covered. Contact Todd Duncan at tduncan@nirma.info for free copies of these model policies.
Stay professional. Stay accountable. Protect the badge.
