Assault on a Police Officer by another Officer

Assault on a police officer is against the law for common citizens, but what if the assault is by another officer?

Caught on video

Photo by: JBrazito

Photo by: JBrazito

A Peoria Arizona woman was videotaping police activity across the street from her home when she saw an officer strike another cop with an object in his hand and then again with his foot. The offender in blue was visibly displeased with what the other one was doing and proceeded to commit assault on a police officer. Why he thought this was acceptable behavior is likely due to the fact that the other cop was a dog.

Four legged police force

K-9s go through vigorous training to prepare them in assisting their human partners in tracking drugs or bombs and catching criminals who decide to flee. Additionally, if a police dog dies in the line of duty they receive similar honors as a regular officer. While they aren’t specifically considered a police officer, the laws protecting them are virtually the same.

Assault on a police officer or a police service animal

Photo by: Sean

Photo by: Sean

Attack on a k-9 brings nearly identical charges as those occurred from assault on a police officer. According to Utah code 76-5-1-2.3 and 76-9-3-6:

• It is a class A misdemeanor to assault a peace officer and also to assault a police service animal.
• It is a 3rd degree felony if “the person causes substantial bodily injury” to an officer or to a service animal.

Will the two legged officer face charges?

When assault on a police officer happens at the hands of a fellow cop, the offender is commonly put on suspension during the investigation. The Peoria Arizona officer, although under investigation for his assault on a police officer (dog), is still on the job…alongside his four legged companion. No charges have been made at this time.

Violation of a Restraining Order

When a judge issues a restraining order, that is a court order for a person to stay away from a specific individual and violation of a restraining order may land the restricted person in jail.

Reasons for issuing a restraining order

Photo by: Rob!

Photo by: Rob!

A restraining order, otherwise known as a protective order, is typically placed against a person who is deemed a threat to another individual. Issuing of restraining orders can stem from charges such as:

• Domestic violence
• Stalking
• Sexual assault
• Physical assault
• Harassment
• Threats
• Human trafficking
• Issues with former employees

How a restraining order works

Restraining order hearings sometimes take a while, so if an individual feels that they are in immediate danger from another person, they can have a judge issue a temporary restraining order. The temporary restraining order must be given, or served, to the restricted person in order for it to be valid. This is typically done by a member of the local police department or court system. This temporary restraining order is usually good for a couple weeks to give the individual time to get a permanent restraining order. Depending on the case; once served, the restricted person may be constrained from:

• Calling, texting, or otherwise trying to communicate with the protected individual.
• Going to the individuals home or place of employment
• Having contact with minor children
• Being within a certain amount of feet from the protected individual. This can mean that the restricted person must leave a public place such as a store if they see that the protected individual is there.

Violation of a restraining order

If the restrained person tries to contact the individual, it is considered a violation of a restraining order. Utah Code 77-36-2.4 states “A law enforcement officer shall, without a warrant, arrest an alleged perpetrator whenever there is probable cause to believe that the alleged perpetrator has violated any of the provisions of an ex parte protective order or protective order [restraining order]”. Violation of a restraining order is a class A misdemeanor. For more information on charges stemming from restraining orders, call a criminal defense attorney.