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Flashcards in GM 603 Deck (43):
1

***START***
Magistrate's order for emergency protection is an order directed to a person who has been arrested for an offense of f-------,s-------,a------or s-------prohibiting the person from committing further acts of family violence

Family violence, sexual assault, aggravated sexual assault or stalking

2

The magistrate's order for emergency protection prohibits the person from going near the protected person's r------,p------,c------, or s-----

Residence, place of employment, child care facility or school

3

A temporary protective order is valid for the period specified in the order, but does not exceed how many days?

20

4

Can a temporary protective order be extended?

Yes, on the request of an applicant or on the court's own motion

5

A protective order is valid for -------from the date the original order was granted by the court

Two years

6

A magistrates order for emergency protection is valid on issuance and remains in effect until the ----- day but not less than 31 days after the date of issuance

61st

7

As a back up when the computer system is not functioning, where is a copy of the protective orders, temporary orders, and magistrate's order for emergency protection kept on file?

Communications unit

8

It is possible for protective order, temporary protective order, or magistrates order for emergency protection to exist but not be on the computer system or on file in the communications unit files. In these cases the officer must-------before making an arrest

Must see the complainant's copy of the order

9

Generally a person commits a class A misdemeanor if, in violation of a protective order or magistrate's order for emergency protection or temporary protective order, he knowingly or intentionally: name 4

1) commits family violence
2)communicate threats3) goes to or near any of the following places described on the protective order
3) possesses a firearm
4)harms, threatens or interferes with the care, custody or control of a pet that is possessed by a person protected on the order

10

Types of court orders prohibiting family violence or stalking
When the court finds from the information contained in an application for protective order there's a clear and present danger of family violence what type of court order is this?

Temporary protective order

11

If an officer establishes probable cause to believe a person has committed a violation of certain court orders or conditions of bond in a family violence case and he has fled the scene what is a reasonable amount of time to try to locate the offender and make a warrantless arrest?

In no event should a reasonable amount of time exceed two hours

12

protective orders/conditions of bond:
The respective substation CRT officers will prepare warrants during their business hours. Who will prepare warrants at all other times?

The special victims unit or night CID unit

13

Protective order/conditions of bond: the officers will arrest the offender without a warrant when the offense is committed within the officer's----

Presence or view

14

Protective orders/conditions of bond: it is a third-degree felony if the offender has previously been convicted under Chapter 25.07 how many times?

Two or more times

15

Protective orders/conditions of bond: it is a third-degree felony if the offender has violated the order or conditions bond by committing----- or the offense of------

An assault or the offense of stalking

16

Officers, as directed by the temporary protective order, may be required to accompany the person obtaining the order to the residence covered by the order while the person?

*Takes possession of the residence
*Protect the person taking the order while they take possession of the residence
*Standby while the person who has obtained the owner takes possession of their necessary personal property
* The officer may be required to inform the person the court has ordered them excluded from the residence

17

What kind of information is necessary for the officer to obtain to apply for a magistrate's order for emergency protection?
1)
2) addresses and telephone numbers of residence and employment
3) addresses and telephone numbers of childcare facilities or schools
4) The distance in yards necessary for the respondent to maintain the protection of the victim

1)Names of individuals covered by the courts orders including DOB

18

What kind of information is necessary for the officer to obtain to apply for a magistrate's order for emergency protection?
1)Names of individuals covered by the courts orders including DOB
2)
3) addresses and telephone numbers of childcare facilities or schools
4) The distance in yards necessary for the respondent to maintain the protection of the victim

2) addresses and telephone numbers of residence and place of employment

19

What kind of information is necessary for the officer to obtain to apply for a magistrate's order for emergency protection?
1)Names of individuals covered by the courts orders including DOB
2) addresses and telephone numbers of residence and employment
3)
4) The distance in yards necessary for the respondent to maintain the protection of the victim

3) addresses and telephone numbers of childcare facilities or schools

20

What kind of information is necessary for the officer to obtain to apply for a magistrate's order for emergency protection?
1)Names of individuals covered by the courts orders including DOB
2) addresses and telephone numbers of residence and employment
3) addresses and telephone numbers of childcare facilities or schools
4)

4) The distance in yards necessary for the respondent to maintain for the protection of the victim

21

Whose responsibility is it to verify through the communication unit, the validity of the protective order or the presence of a condition of bond?

Patrol division officers/UEDI

22

If a protective order is found on the suspect who determines if he is in possession of a firearm?

Patrol division officers/UEDI

23

protective orders/conditions of bond
When available who responds and takes pictures of the victim and his/her visible injuries?

UEDI/crime scene unit investigators

24

If no UEDI/crime scene unit investigator is available to take pictures of visible injuries due to a violation of a protective order what should the patrol division officer advise the victim to do?

Report to the local substation at their earliest opportunity to have photographs taken of their injuries

25

When a victim of family violence/violation of a protective order or conditions of bond presents his/her self at a substation, the police service agent will route photographs of injuries to?

Special victims unit

26

Upon order of the court, property room, personnel, and the assigned crisis response team substation personnel and the designated third-party assigned by the court will coordinate the surrender of any firearms as ordered by the court and will return the required documents to?

Pretrial services

27

When can an offender who has violated protective order/conditions of a bond have their firearm returned ?

The firearm may not be returned to a suspect except by further order of the court

28

B. The Texas Penal Code, Section 25.07, Violation of Certain Court Orders or Conditions of Bond in a Family
Violence Case, authorizes the arrest of an individual in violation of a _____ Order, Magistrate’s Order for
______, a _______Protective Order, Condition of Bond in a_____or Violation of a Protection Order issued out of another jurisdiction.

Protective Order, Magistrate’s Order for
Emergency Protection, a Temporary Protective Order, Condition of Bond in a Family Violence Case

29

Protective Orders/Conditions of Bond
C. This procedure is a cooperative effort between the P_____ Division, S_____Unit, the V_____Office, the C_______Unit, the S_______Office, and The B________Office in order to:
1. Enable service providers the ability to serve a greater number of victims of family violence;
2. Provide better customer services to victims of family violence by enabling the victims to come to the substation
nearest their home to report violations;
3. Reduce the number of family violence cases by early law enforcement intervention as well as provide services
to victims of family violence in a more timely manner; and
4. Ultimately, enable the San Antonio Police Department to file more cases for family violence and violation of
protective orders with the Bexar County District Attorney’s Office.

Patrol Division, Special Victims Unit, the Victims Advocacy Office, the Crime Scene Unit, the Service and Security Agents Office, and The Bexar County District Attorney’s Office

30

.03 TYPES OF COURT ORDERS PROHIBITING FAMILY VIOLENCE OR STALKING
C. ______: An order of the court directed to a person after family violence has occurred issued to prevent an individual from engaging in v____ or t_____acts against, h_____, contacting or communicating with a protected individual or being in physical proximity to another individual. (Family Code 88.002, Family Code
85.001) pg. 1316 of Texas Criminal and Traffic Law Manual

Protective Order
violent or threatening
harassing

31

.05 COMPUTER SEARCHES AND LOCATIONS FOR PROTECTIVE ORDERS
A. Protective Orders and Temporary Orders are entered into the _______by the Bexar County District Clerk's Office.

Police Protective Order System (PPOS)

32

.05 COMPUTER SEARCHES AND LOCATIONS FOR PROTECTIVE ORDERS
A. Protective Orders and Temporary Orders are entered into the Police Protective Order System (PPOS) by the ______.

Bexar County District Clerk's Office

33

.05 COMPUTER SEARCHES AND LOCATIONS FOR PROTECTIVE ORDERS
B. Magistrate's Orders For Emergency Protection are entered into the _______by the Magistrate's Office.

Magistrate Computer System (MAGS)

34

.05 COMPUTER SEARCHES AND LOCATIONS FOR PROTECTIVE ORDERS
B. Magistrate's Orders For Emergency Protection are entered into the Magistrate Computer System (MAGS) by the ______.

Magistrate's Office

35

F. It is possible for a protective order, temporary protective order, or magistrate's order for emergency protection to exist and not be in the computer system or on file in the Communications Unit files due to a time lapse between the time an order is issued and the time it reaches the Department. In these cases the officer must see the complainant's copy of the protective order or magistrate's order for emergency protection, or temporary protective order before making an arrest. Temporary protective orders must have been served on the _____in order to be a violation of Penal Code 25.07.

respondent

36

.06 ARRESTS FOR VIOLATIONS OF PROTECTIVE ORDERS, CONDITIONS OF BOND, OR MAGISTRATE'S
ORDERS
B. Protective orders and magistrate's orders for emergency protection, and temporary protective orders may contain numerous prohibitive terms. Generally, a person commits a ______if, in violation of a protective order or magistrate's order for emergency protection or temporary protective order, he knowingly or intentionally:
1. Commits family violence;
2. Communicates:
a. Directly with the protected individual or a member of the family or household in a threatening or harassing
manner;
b. A threat through any person to a protected individual or member of the family or household; or
c. In any manner with the protected individual or member of the family or household except through the
person's attorney or a person appointed by the court, if the order prohibits any communication with a
member of the family or household;
3. Goes to or near any of the following places as specifically described in the protective order:
a. The residence or place of employment or business of a member of the protected individual, a family or
household; or
b. Any child care facility, residence, or school where a child protected by the protective order normally
resides or attends; or
4. Possesses a firearm.
5. Harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance
animal that is possessed by a person protected by the order.

Class A misdemeanor

37

.06 ARRESTS FOR VIOLATIONS OF PROTECTIVE ORDERS, CONDITIONS OF BOND, OR MAGISTRATE'S
ORDERS
F. Officers should be aware there are private attorneys who may obtain protective orders on behalf of their clients. As a result, some protective orders may ______which does not constitute a violation of Chapter 25.07 of the Texas Penal Code. Officers are only authorized to arrest an offender who violates a protective order by engaging in conduct prohibited by Chapter 25.07 of the Texas Penal code.

enumerate prohibited conduct

38

An order entered by a court when the court finds from the information contained in an application for protective order there is clear and present danger of family violence

*Will only be enforceable when he has been served on the respondent

Temporary protective order

39

Order entered by magistrate directed to a person who is been arrested for the offense of family violence, sexual assault, aggravated sexual assault, or stalking

* prohibits the person from committing further acts of family violence harassing or threatening contact her going near the person's residence place of employment childcare facilities school or stalking

Magistrates order for emergency protection

40

An order of the court directed to a person after family violence has occurred issue to prevent an individual from engaging in violent or threatening ask harassing contacting her communicating with a protected individual

Protective order

41

Which order does not exceed 20 days

Temporary orders however on the applicants or courts motion it can be extended for additional 20 day periods

42

Which order is valid on issuance and remains in effect until the 61st day but not less than 31 days after date of issuance

Magistrates order for emergency protection

43

Which order is valid for two years from the date the order was granted by the court and cannot be extended

Protective order