Domestic Violence Level 2 prep Flashcards
(26 cards)
Definition of Domestic Violence
Physical
Sexual
Psychological
Financial
LE has 3 major responsibility
-Provide safety physical safety and security for victims
-Assist victims by coordinating their referral to support services
-Arrest the DV perpetrator as required by law
Abuse
-Attempting to cause or causing physical harm
-Placing another in fear of imminent serious physical harm
-Causing another to engage involuntarily in sexual relations by force, threat, or duress
Family Household Members under 209A
Four Factors
Are or were Married/Residing together/Related by blood/or have a child in common
Length of time
Type of relationship
Frequency of interaction
length of time elapsed since termination
265 s13M vs 265 s13A
265 s13M=Intimate
Married/Engaged/Child in common/Are were in a substantive dating/engagement relationship
265 s13A= Non intimate
Related by blood or marriage/Roommates
Protection Orders Issued by another jurisdiction
Shall be given full faith and credit throughout the commonwealth.
If order is not verified REALEASLE FORTHWITH
Vacate Order
Court order to leave and remain away from premises and surrender keys
-Defendant shall not damage any of the plaintiff’s belongings
-Defendant shall not shut off any utilities or mail delivery
-Defendant shall not interfere in any way with the plaintiff’s right to possess such residence
-Extended Scope
Multiple family dwelling
plaintiff’s workplace
Civil (remedies)
vs
Criminal Infractions
Criminal/Arrestable
-Refrain from abuse
-Refrain from contacting
-Vacate & remain away
-Plaintiff’s address to be impounded
-Refrain from abusing/contacting child
Civil/Non-Arrestable
-Awarding plaintiff temporary custody
-Order to pay child support
-Order to pay monetary compensation for losses suffered
-Betterer’s Intervention Program (BIP)
Surrender of Firearms
LTC
FID
FIREARMS
RIFLES
SHOTGUNS
MACHINE GUNS
AMMUNITION
Petition for Review
Any Defendant may petition such action and will be heard no later than 10 court business days
Employment- The court shall order a hearing no later than 2 court business days
Temporary Orders
10 court business days
May be extended up to a year
Emergency Order
Courts are closed
Good until next court business day
Powers, Duties, and 7 Responsibilities
-Remain on scene
-Assist in obtaining medical treatment
-Assist in locating and getting to a safe place
-Give immediate and adequate notice of his/her rights
-Activating the emergency judicial system when the court is closed
-Inform the victim that the abuser will be eligible for bail and be promptly after 6 hours
-Shall arrest any person a law officer witnesses or has PC to believe violated a restraining order
Service Order
Police are not required to serve defendant in hand
Confidentiality of Records
The plaintiff’s residential address and workplace address will appear on the court order unless the plaintiff specifically that this info is withheld (impounded address)
Strangulation
-Is a form of power and control
-Petechiae is seen in strangulation (red spots in victim’s eye)
–ROA arrest on PC
Dominate Aggressor
Officers should evaluate and interview parties separately to determine the dominant aggressor and make the arrest
Threats alone are not
Arrestable under 209A
Intimidation of Witness
Added Charge
Harassment Prevention Order
(HPO)
Criminal Harassment
Patterns of conduct/act include but are not limited to
-mail
-phone (text/calls)
-Internet communications
-instant messaging
Harassment
vs
Stalking
Harassment- no threat
Stalking- Threat with intent to commitment
265/43A Criminal Harassment
ROA
Misdemeanor
Warrantless arrest on PC is the preferred response
Harassment Protection Orders
The court-issued protective orders under MGL 258 E are nearly identical to a 209A Restraining Order
-Components
-refrain from abusing
-no contact
-stay away from home/workplace
-Compensation for losses suffered
HOWEVER, may not order the surrender of firearms LTC/FID
Venue/Duration
Venue- Court having jurisdiction where the plaintiff resides
Duration- 10 court business days initially, then up to one year
