Flashcards in 326 - Domestic Violence and Dating Violence (2 of 2) Deck (23)
_____, provides, in part, that an individual is prohibited from possessing a firearm if that individual is the subject of an injunction for protection that:
a. Specifically restrains the person from _____, _____ or _____ an intimate partner of the person;
b. Has been issued after a hearing of which _____ to the person and which the person had an opportunity to participate; or
c. Either includes a finding that the person subject to the order represents _____ to intimate partner or child of the intimate partner, or explicitly prohibits the _____ against the partner.
The Violent Crime Control and Law Enforcement Act of 1994
harassing, stalking, or threatening
notice was given
use or threatened use of force
The Violent Crime Control and Law Enforcement Act of 1994: It has been determined that on duty employees of governmental entities (e.g., police officers, correctional officers, and other employees required by their job to possess a firearm) are _____ from this prohibition.
The Violent Crime Control and Law Enforcement Act of 1994: An exemption is also extended to off-duty police officers who are required by their official duties to carry a firearm. The exemption does not apply to auxiliary or reserve officers, off-duty correctional officers, civilian employees, or to police officers possessing a firearm in _____.
a personal capacity (e.g., while hunting)
Employees and reserve officers, who are subject to an injunction of the type described above, shall immediately notify who and how?
their commanding officers or section supervisors in writing.
F.S.S. 790.233 also provides that it is a _____ for a person to “have in his or her care, custody, possession or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, and that has been issued under F.S.S. 741.30.”
first degree misdemeanor
Protection orders issued in another state and/or by an Indian tribal court in accordance with the Violence Against Women Act, 18 U.S.C. s. 2265 _____ (the individual against whom the order was entered must have had _____ and _____) by local law enforcement agencies without being registered or recorded in this state.
notice and the opportunity to be heard
The definition of “Court of a Foreign State” means a court of competent jurisdiction of a (4)
state of the United States, other than Florida
the District of Columbia;
an Indian tribe;
a commonwealth, territory, or possession of the United States.
Ex parte foreign injunctions for protection are not eligible for enforcement under this section unless _____ have been provided within the time required by the foreign state or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the reasonable due process rights.
notice and opportunity to be heard
A protected person shall present a copy of a foreign order of protection to _____ in this state and request that the same be registered in the injunction registry. The protected person (is/is not) required to have a certified copy of the foreign protection order. It (is/is not) necessary that the protected person register the foreign order in the protected person’s county of residence.
Upon presentation of a foreign protection order by a protected person, a law enforcement officer shall assist in enforcement of all of its terms, pursuant to federal law, except matters related to _____, _____ and _____.
child custody, visitation, and support.
regarding enforcement of an out of state injuctions, matters related to child custody, visitation, and support enforcement action cannot be taken until _______, unless it is a _____ or _____ requiring the immediate return of the child.
domestication of the foreign order
“pickup order” or “order of bodily attachment”
Before enforcing a foreign protection order, a law enforcement officer should confirm _____ and review the order to determine that, on its face, _____
the identity of the parties present
it has not expired.
A law enforcement officer shall use reasonable efforts to verify service of process. Service may be verified as follows:
(a) _____ may state under oath that to the best of the thier knowledge, respondent was served with the order of protection because they were was present at time of service; respondent told them he was served; another named person told them respondent was served; or respondent told them he knows of the content of the order and date of the return hearing
(b) _____ states under oath that he was not served with the order.
Enforcement and arrest for violation of a foreign protection order shall be consistent with the enforcement of orders issued in this state. F.S.S. 741.315(4)(f) provides that a law enforcement officer acting in good faith under this section and the officer’s employing agency shall be_____, that might otherwise be incurred or imposed by reason of the officer’s or agency’s actions in carrying out the provisions of this section.
immune from all liability, civil or criminal
A foreign order of protection shall remain in effect until the _____;
date of expiration on its face
If the order of protection states on its face that it is a permanent order, then there is _____.
no date of expiration
F.S.S. 741.415(5) provides that any person who acts under this section and intentionally provides a law enforcement officer with a copy of an order of protection known by that person to be false or in valid, or who denies having been served with an order of protection when that person has been served with such order, commits a _____.
misdemeanor of the first degree
_____ is a collaborative effort of the JSO, Hubbard House and the City of Jacksonville (COJ) to provide enhanced services to the victims of Domestic Violence.
The Intimate Violence Enhanced Services Team (INVEST)
_____ is a program designed by the SAO in conjunction with Hubbard House to assist victims of domestic/dating violence who are in an immediate crisis situation and require emergency shelter.
The State of Florida’s _____ assists victims of domestic violence who are attempting to escape actual or threatened violence. Participants are provided with a substitute mailing address in order to prevent their abusers from finding them.
Address Confidentiality Program (ACP)
ACP: _____ serves as the client’s legal agent for receipt of mail and service of process.
The Office of the Attorney General
ACP: The participants must be victims of domestic violence and: (4)
a. Fear for individual or child’s safety because of an abuser’s threats or actions;
b. Reside in Florida;
c. Have relocated or are willing to relocate; and
d. Are willing to advise the ACP office of the mailing address.