HPM 100.69 Chapter 4-6

Question 1

1. _________________ means a court order prepared by anofficer and issued by a judge, commissioner, or referee, by telephone or otherwise, whether or not the superior court is in session when there is immediate and present danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking to a victim.

Answer 1

Emergency Protective Order (EPO) (4-3, 2a)

Question 2

2. _____________ means an order issued by the court during normal business hours.

Answer 2

Restraining Order (4-3, 2b)

Question 3

3. The above mentioned is available from the superior court and can grant the following eight types of relief:

Answer 3

(1) An order restraining the attacker from abusing you and other family
members.
(2) An order directing the attacker to leave the household.
(3) An order preventing the attacker from entering your residence, school,
business, or place of employment.
(4) An order awarding you, or the other parent, custody of/or visitation with a minor child or children.
(5) An order restraining the attacker from molesting or interfering with minor
children in your custody.
(6) An order directing the party not granted custody to pay support of minor
children, if that party has a legal obligation to do so.
(7) An order directing the defendant to make specified debt payments.
(8) An order directing that either or both parties participate in counseling.
(4-3, 2b)

Question 4

4. Court protective or restraining orders may be issued by a civil or criminal court in California and generally prohibit an individual from __________________.

Answer 4

contacting, harassing, or molesting the applicant for the order. (4-5, 5a)

Question 5

5. In addition, protective orders prohibit the restrained party from _______________.

Answer 5

owning, possessing, purchasing, attempting to purchase, or otherwise obtaining a firearm (Section 12021[g] PC). (4-5, 5a).

Question 6

6. Out of state orders _____ be enforced in the same manner as those that have
   been issued in California.

Answer 6

Shall (4-5 5b)

Question 7

7. Court protective or restraining orders _____ be entered into the Department of Justice (DOJ) Domestic Violence Restraining Order System (DVROS) after issuance, within ____ business day(s).

Answer 7

Shall/one (4-5, 5a)

Question 8

8. Pursuant to Section 836(c) PC, an officer _____physically arrest an individual
   who has violated the provisions of a protective order, whether or not the violation occurred in the officer’s presence.

Answer 8

Shall (4-5 5c)

Question 9

9. Pursuant to Section 853.6 PC, any time a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, that person ______be taken before a magistrate instead of being released, unless the arresting officer determines that the offense is not likely to continue or resume and that no persons or property would be endangered if the individual were to be released.

Answer 9

Shall (4-6, 5d)

Question 10

10. Pursuant to Section 6389 FC, a person subject to a domestic violence protective order is required to relinquish possession or control of __ ______immediately upon service of a protective order or within __ hours of the service of the order (if the firearms are not in their immediate possession or control).

Answer 10

Any firearms/ 24 (4-6, 5e)

Question 11

11. A restraining order is verified __________, ___________ , or ___________.

Answer 11

if the complainant shows a copy of the order bearing the file stamps of the court/the order is already on file with the CHP/ if the law enforcement agency that entered the order into the DVROS has been contacted. (4-7, 2a)

Question 12

12. After verifying the order, the officer must also have proof that the violator was either served or is aware of the terms of the order before the violator may be arrested for violation of a restraining order. What constitutes proof of service or notification?

Answer 12

Complainant shows a copy of the proof of service.

The order states that the suspect was present in court when
the order was issued.

A CHP officer previously admonished the suspect of the
existence and terms of the order, served it on the suspect, and
prepared a CHP 216, Arrest Investigation Report, or CHP 202,
Driving Under the Influence Arrest Investigation Report. The
communications center or Area office should be contacted for
verification that a copy of the report is on file.

Proof of service is on file with another law enforcement
agency and can be verified. (4-7 1 a-d)

Question 13

13. If a victim does not have a copy of the order and the officer is unable to verify its existence and proof of service, the officer cannot execute an arrest of the suspect for
    violation of the order. The complainant ____ be told that they have the right to make a _____ _______ ______of the suspect for violation of the order.

Answer 13

Shall/ private person’s arrest (4-8, 2)

Question 14

14. An Emergency Protective Order expires no later than the close of judicial business on the _____court day or the _____ calendar day following the day of issuance.

Answer 14

Fifth/ seventh (4-8, h)

Question 15

15. If an officer believes that an adult/child is in immediate danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking, their immediate supervisor _______ be contacted and apprised of the situation. If the supervisor agrees that the circumstances warrant, the officer ______ attempt to obtain an EPO.

Answer 15

Should/should (4-8, h1)

Question 16

16. Once an EPO has been issued, the officer ____notify the communications center so that the information from the order can be entered into the DVROS, within ___business day.

Answer 16

Shall/one (4-9, 5)

Question 17

17. Generally, incidents of suspected child abuse or neglect ______be referred to their Local County Designated Agency (LCDA). However, officers _____ take the necessary steps to prevent any additional physical injury, abuse, or neglect to the involved parties and remove them from possible harm.

Answer 17

Should/Shall (5-4 b)

Question 18

18. Departmental personnel who have knowledge of or observe a child who he/she suspects has been the victim of child abuse or neglect ____report the known or suspected instance of child abuse or neglect to a LCDA immediately or as soon as practically possible by telephone.

Answer 18

Shall (5-4, c)

Question 19

19. Departmental personnel _____complete the DOJ form SS 8572,Suspected Child Abuse Report, each time child abuse or neglect is suspected regardless of whether or not the case is turned over to the LCDA. The DOJ report ____ be submitted to the LCDA within ____ hours of receiving information regarding an incident of suspected child abuse or neglect.

Answer 19

Shall/Shall/ 36 (5-4 d 1-2)

Question 20

20. What section allows a peace officer to take temporary custody of a minor without warrant if the minor requires care, is in immediate danger of harm or injury, or is left unattended and the parent(s) is/are not available or cannot care for the minor.

Answer 20

Section 305 of the Welfare and Institutions Code (WIC) (5-6, 5)

Question 21

21. Upon locating/finding a missing person (child or adult),

officers ______immediately notify the Attorney General’s office via MUPS.

Answer 21

Shall/ (6-4 b1)

Question 22

22. Officers ______also notify the agency which generated the missing persons
    report and provide pertinent information within __ hours.

Answer 22

Should/24 (6-4, b1)

Question 23

23. Officers _____take reasonable action to provide for the safety and care of
    all persons (adult/child/runaway) who request assistance or who appear in
    need of immediate assistance.

Answer 23

Shall (6-4 b2)

Question 24

24. Child abduction is a felony. Officers _____take appropriate
    enforcement action against suspected child abductors (whether parental or
    stranger).

Answer 24

Shall (6-4, b3)

Question 25

25. Departmental employees____ access (via the Area office or CHP communications center) the 144 system for possible information on the missing/overdue person.

Answer 25

Shall (6-5, 2)

Question 26

26. If the 144 system yields negative information for a missing person, what is the next step?

Answer 26

the CHP communications center shall broadcast an ATL to the appropriate field units (6-6 3a)

Question 27

27. What is the Mandatory Advisement in regards to missing persons?

Answer 27

When notified of a missing person, the CHP is required to advise the reporting party of the name and address of the appropriate law enforcement agencies - the agency having jurisdiction where the missing person resides and the location they were last observed, Section 14250(c)(2) PC requires that law enforcement inform the parents, or appropriate relatives of a person, missing under high-risk circumstances that they may give a voluntary DNA sample for testing, or may collect a DNA sample from the missing person’s personal article(s), if available, within 30 days of making their report. The samples shall be taken by the appropriate law enforcement agency as prescribed by DOJ. (6-6, 4)

Question 28

28. Generally, missing person reports ______be referred to the appropriate local law enforcement agency. However, if circumstances warrant immediate action, officers _____conduct a preliminary report and investigation.

Answer 28

Should/ shall (6-6, 5)

Question 29

Section 14211(e) PC requires notification to DOJ, for inclusion in the Violent Crime Information Center (VCIC) and the National Crime Information Center (NCIC) databases, ____ _____ _____of accepting a report of a missing person under age 21 or at risk. This may be accomplished by establishing a record in MUPS (via CHP communications center).

Answer 29

within two hours (6-7, 4)

Question 30

30. Section 14213(a) PC requires that when a missing person has been found, the law enforcement agency locating the missing person _____immediately report that information to the Attorney General's office. A copy of the report ____ also be forwarded to the law enforcement agency that made the initial missing person report within ___ hours after the person is found.

Answer 30

Shall/Shall/24 (6-10, 4a)

Question 31

31. __________ of the MUPS entry, the CHP Area office shall ascertain whether the local law enforcement agency has established their own MUPS record.

Answer 31

Within 24 hours (6-8, 6)

Question 32

32. The DOJ Missing Children Hotline telephone number (1-800-222-FIND [3463]) _____ be provided to persons reporting missing children.

Answer 32

Shall (6-4, 6)

Question 33

33. When the situation requires immediate action and the Local County Designated Agency (LCDA) cannot or will not respond, the CHP _____ take the appropriate enforcement action (e.g.,physical arrest, protective custody).

Answer 33

Shall (5-8 5)

Question 34

34. A CHP 176(Protective Order Control Log) ____ be maintained by Areas to provide information to law enforcement officers as required by Section 6382 FC. The log is to be used as a reference source for the information on the orders themselves and is not to be released outside the Department.

Answer 34

Shall (4-13, m)

Question 35

35. Officers ____advise the reporting party that the missing/overdue person has been located and is unharmed. However, unless the missing person is physically or mentally incapacitated, officers ____ provide details (where and with whom they were found, etc.) _________from the reported missing person.

Answer 35

May/ should not/ without prior authorization (6-9, a)