Flashcards in 326 - Domestic Violence and Dating Violence (1 of 2) Deck (52):
Who is the owner of Order 326 - Domestic Violence and Dating Violence
Assistant Chief of Major Case
_____ - Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.
FAMILY OR HOUSEHOLD MEMBER
With the exception of persons who_____, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
have a child in common
_____ - Means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
Dating Violence: The existence of such a relationship shall be determined based on the consideration of the following factors:
a. A dating relationship must have existed within the past _____
b. The nature of the relationship must have been characterized by the expectation of _____ involvement between the parties;
c. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved _____ and on a _____ basis during the course of the relationship;
d. The term does not include violence in a _____ or violence between individuals who only have engaged in _____ in a business or social context.
a. six months;
b. affection or sexual
c. over time; continuous
d. casual acquaintanceship; ordinary fraternization
For the purposes of dating violence _____ means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
REPEAT VIOLENCE – Two or more incidence of violence or stalking committed by the respondent, one of which must have been within _____ of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
_____ – Any one incident of sexual battery as defined in chapter 794, a lewd or lascivious act as defined in chapter 800; committed upon or in the presence of a person younger than 16 years of age; luring or enticing a child as described in chapter 787; sexual performance by a child, as described in chapter 827; or any other forcible felony wherein a sexual act is committed or attempted regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the State Attorney.
_____– A court order requiring a person to do or refrain from doing a specified act.
REPEAT, SEXUAL, OR DATING VIOLENCE INJUNCTION
A repeat, sexual or dating violence injunction is granted for _____, unless the victim _____
a fixed period
petitions the court for an extension.
TEMPORARY DOMESTIC, REPEAT, SEXUAL OR DATING VIOLENCE INJUNCTION - is in effect until a full hearing can be held or for a period of _____, whichever comes first. The Court may extend the temporary injunction beyond this time for _____.
Response procedures DV: Officers will notify their _____ when all efforts to contact the occupant(s) have failed.
Response procedures DV: After reviewing the circumstances surrounding the call, the _____ will determine if a forcible entry should be made;
The initial actions of the responding officer(s) shall be to _____
provide safety to all parties concerned.
Officers responding to incidents of domestic/dating violence which involve members of the Sheriff's Office will notify their _____, and the _____ will notify the _____.
Integrity & Special Investigations Unit
Response procedures DV: Prior to affecting an arrest of a Sheriff’s Office employee, the _____ will be consulted.
zone commander or designee (assistant chief or higher authority)
Most of the time, in the absence of _____ for protection, neither party can be forced out of the house unless an arrest is made;
Officers cannot enforce a custody order unless there is a provision in the order _____ (this does not prevent an officer from enforcing an injunction for protection which may contain a provision relating to child custody enforcement action);
directing the police to take specific action
A custody order must contain the following language in order to be enforceable by a law enforcement officer: _____ as to what the Sheriff or a law enforcement officer is directed to do (e.g., go to the husband’s house forthwith to pick up a child and return the child to the mother).
Specific instructions from a judge
Officers shall not enforce a custody order unless the order _____
specifically directs the Sheriff or a law enforcement officer to take a specific action(s).
A custody order from another Florida jurisdiction (will/will not) be enforced as if it was a local custody order;
An out-of-state jurisdiction custody order will not be enforced unless _____
it has been validated by a local circuit judge.
Children should generally be left where they are unless it is necessary to remove them for: (3)
(a) Their protection;
(b) The protection of others; or
(c) At the direction of a court order which specifically states for law enforcement to remove the child.
If an arrest is not made, or the officer decides to arrest two or more parties, the officer shall include in the report _____ (A General Offense Report is required whether or not an arrest is made)
the grounds for not arresting anyone or for arresting two or more parties
DV cases: Complete a _____; The PIN should be a ____ digit number the victim can easily remember;
Victim Information and Notification Everyday Request (VINE)
In cases of sexual battery/domestic violence/dating violence, a _____ will obtain the statements of the victims and witnesses upon case assignment; and
Special Assault Detective
DV: Officers, will whenever possible, interview children who were present at the time of the incident. Children age ____ and above are to be interviewed (depending on their mental development) for information relating to the incident.
If the child offers enough information to be considered a witness, rather than just someone present in the household, the child will be listed in the _____ of the offense report.
Pursuant to F.S.S. 39.01(2), child abuse may be defined as harm to a child’s health or welfare and can occur when any person engages in violent behavior that demonstrates a _____ that could reasonably result in serious injury to the child.
wanton disregard for the presence of a child
If the officer's investigation requires the presence of a detective, it shall be the responsibility of the _____ to conduct the interviews of the children.
Therefore, in domestic/dating violence cases in which children were present, or in some way exposed to the violence that fact should be clearly documented in _____ and _____ should also be called and it will be documented in _____
narrative of the General Offense Report
The Department of Children and Families (DCF) central abuse registry 1800-962-2873
narrative of the General Offense Report
If the officer's investigation determines that an act of domestic/dating violence has occurred, he shall: Complete a General Offense Report and _____ regardless of whether or not the alleged victim wishes to file criminal charges against the offender.
If probable cause does not exist for an arrest, but it appears that the victim may be entitled to obtain an injunction for protection, the victim will be given _____ and referred to _____. These cases will become a _____.
a State Attorney Information Card or a Citizen Information Card - Juvenile Offender (in addition to other required pamphlets)
the Center for the Prevention of Domestic Violence, City Hall Annex
Managed Criminal Investigative (MCI) Office follow-up case (Reference Order 210 [Patrol Function])
If the suspect is a juvenile and a Juvenile Civil Citation is issued to a Qualified Juvenile Offender for any act of Domestic Violence, the officer will ensure that the juvenile is placed with a _____.
responsible family member
If probable cause exists for an arrest and the suspected abuser is not present at the scene, the reporting officer shall attempt to contact and interview the suspect within _____ of the reporting of the incident;
If, after completing the investigation, the officer determines an arrest is not appropriate (probable cause does not exist, there are witness credibility problems, etc.) the reporting officer with _____ may unfound or exceptionally clear the investigation, depending on the circumstances;
If after _____ the suspected abuser is not contacted and interviewed, the investigating officer will confer with his supervisor to determine: (2)
36 hours (but before 96 hours)
(i) If probable cause exists; and
(ii) If requesting a warrant is appropriate.
If urgent circumstances exist (articulated risk to the victim, suspect’s criminal history, etc.) the investigating officer’s _____ may request the SAO to initiate the above warrant process at any time during the investigation;
DV: Officers shall list at the end of the narrative section the following information: (3)
(1) The full name, race, sex, and age of all minor children living in the household where the domestic/dating violence occurred;
(2) The reason(s) no arrest was made, or that arrest of two or more parties was made, if applicable;
(3) That a copy of the legal rights and remedies notice was given to the victim (Victim/Witness Service Guide P-0390); and
(4) If a victim is transported or referred to the Hubbard House the reporting officer shall indicate the victim was transported or referred to a “safe location.”
If a victim is transported or referred to the Hubbard House the reporting officer shall call the _____ to contact the shelter and notify them that the officer is enroute and will indicate the victim was transported or referred to a _____ in the narrative of the general.
Anytime an officer responds to a domestic/dating violence call involving intimate partners (such as husband/wife, boyfriend/girlfriend, same sex partners, etc.), not brother or sister, etc. and the victim sustains an actual or possible injury as a result of domestic/dating violence and is transported to a hospital for treatment, the investigating officer shall advise the NCIC PECO to call for an _____.
transported to a hospital for treatment
advocate to respond from Hubbard House
when will an advocate from Hubbard house be requested?
Anytime the victim of domestic/dating violence involving intimate partners (such as husband/wife, boyfriend/girlfriend, same sex partners, etc.), not brother or sister, etc. and the victim sustains an actual or possible injury as a result of domestic/dating violence and is transported to a hospital for treatment
A suspect may be charged with a criminal violation of an injunction for protection against domestic/dating violence if the conduct of the suspect is specifically prohibited by the injunction and constitutes one of the following violations (For these criminal violations, suspects should be charged with F.S.S. 741.31, “Violation of an Injunction for Protection Against Domestic Violence,” or F.S.S. 784.047, “Violation of an Injunction for Protection Against Dating Violence” a misdemeanor of the first degree):
(a) Refusing to vacate the dwelling that the parties share;
(b) Going to the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
(c) Committing an act of domestic/dating violence against the petitioner;
(d) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence on the petitioner; or
(e) Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party.
A suspect will be physically arrested and charged with an injunction violation other than those specified in F.S.S. 741.31 if the suspect creates a _____ to the victim or household members. For such violations of an injunction, suspects should be charged with _____
threat of imminent danger
F.S.S. 741.30(6) (d) 2, “Violation of an Injunction for Protection against Domestic Violence,” a non-criminal civil charge.
DV: If the victim of the violence does not wish to prosecute or be a complainant, the _____ shall become the complainant, and proceed with the arrest.
F.S.S. 741.29(6) provides that a person who willfully violates a condition of pretrial release provided in F.S.S. 903.047, when the original arrest was for an act of domestic violence as defined in F.S.S. 741.28, commits a _____, punishable as provided in F.S.S. 775.082 or F.S.S. 775.083, and shall be held in custody until his first appearance.
misdemeanor of the first degree
F.S.S. 784.046(15) provides that a person who willfully violates a condition of pretrial release provided in F.S.S. 903.047, when the original arrest was for an act of dating violence as defined in this section, commits a _____, punishable as provided in F.S.S. 775.082 or F.S.S. 775.083, and shall be held in custody until his or her first appearance.
misdemeanor of the first degree
If an injunction exists but has not been served, and the respondent is present, officers shall amongst other things, _____
serve the injuction
Women who have an Injunction for Protection against their abuser and who are considered to be in imminent danger will be provided an _____ alarm system and pendant (if available).
Abused Women's Active Response Emergency (AWARE)
Who issues AWARE alarms systems and pendants
Officers should respond to an AWARE alarm as a Priority _____ call