Procedure 603-Protective Orders Flashcards Preview

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Flashcards in Procedure 603-Protective Orders Deck (55)
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1
Q

.01A. This procedure establishes guidelines for the proper handling of protective orders and;

A

conditions of bond, from their entry into the computer system to the disposition of violations through reports and arrests.

2
Q

.01B. The Penal Code which authorizes the arrest for violation of a Protective Order, Magistrate’s Order for Emergency Protection, a Temporary Protective Order, Condition of Bond in a Family Violence Case or Violation of a Protection Order issued out of another jurisdiction.

A

Section 25.07, Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case,

3
Q

.01C. This procedure is a cooperative effort between the;

A

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

4
Q

.01C. This procedure is a cooperative effort to enable service providers to;

A

serve a greater number of victims;

5
Q

.01C. This procedure is a cooperative effort to provide better services to victims, by enabling the victims to;

A

report violations at the substation nearest their home;

6
Q

.01C. This procedure is a cooperative effort to reduce the number of family violence cases by;

A

early law enforcement intervention as well as provide services to victims of family violence in a more timely manner;

7
Q

.01C. This procedure is a cooperative effort to enable the San Antonio Police Department to file more cases for;

A

family violence and violation of protective orders with the Bexar County D.A’s Office.

8
Q

.03A. A temporary order entered by a court when the court finds from an application for protective order there is a clear and present danger of family violence.

A

Temporary Protective Order

9
Q

.03A. The court may enter a temporary order without further notice to the individual alleged to have committed family violence and without a hearing.

A

Temporary Protective Order:

10
Q

03A. also known as “Temporary Ex-Parte Order”,

A

Temporary Protective Order

11
Q

.03A. This order is only enforceable when it has been served on the respondent.

A

Temporary Protective Order

12
Q

.03A. Verification of service of the Temporary Protective Order order is confirmed through the;

A

Communications Unit, information channel

13
Q

.03B. An emergency order entered by a magistrate;

A

Magistrate’s Order For Emergency Protection

14
Q

.03B. An order by a magistrate, directed to a person who has been arrested for family violence, sexual assault, aggravated sexual assault or stalking,

A

Magistrate’s Order For Emergency Protection

15
Q

.03C. An order of the court directed to a person after family violence has occurred to prevent further violent or threatening acts;

A

Protective Order

16
Q

.03D. Related to the safety of the victim, a condition of bond set in a family violence case by the magistrate.

A

Certain Court Orders or Conditions of Bond

17
Q

.04A. Temporary Orders are valid for the period specified in the order, but does not;

A

exceed {20} days.

18
Q

.04A. On the request of an applicant or on the court’s own motion, a temporary order may be;

A

extended for additional {20} day periods.

19
Q

.04B. Magistrate’s Orders For Emergency Protection is valid on issuance and remains in effect until the;

A

{61st} day but not less than {31} days after the date of issuance.

20
Q

.04B. This may be requested prior to the expiration of the magistrate’s order for emergency protection when additional protection is necessary;

A

Protective Order

21
Q

.04B. Will usually be specified in the magistrate’s order for emergency protection.

A

Time periods

22
Q

.04C. A protective order is valid for;

A

{2} years from the date the original order was granted by the court.

23
Q

.04C. A protective order is not modified to;

A

extend its validity beyond the two (2) year period.

24
Q

.04D. A court order or a condition of bond is valid until the case is;

A

adjudicated or the court order or condition of bond

is rescinded.

25
Q

.05A. Protective Orders and Temporary Orders are entered into the Police Protective Order System;

A

(PPOS) by the Bexar County District Clerk’s Office.

26
Q

.05B. Magistrate’s Orders For Emergency Protection are entered into the Magistrate Computer System;

A

(MAGS) by the Magistrate’s Office.

27
Q

.05C. Officers requesting information concerning protective orders, temporary orders, or magistrate’s orders for emergency protection may contact the;

A

Communications Unit Information Channel

28
Q

.05D. Officers may also check for the existence of protective orders, temporary orders, and magistrate’s orders for emergency protection on the;

A

mainframe computer system through PDPO, Protective Order System.

29
Q

.05E. As a backup when the computer system is not functioning, a copy of protective orders, temporary orders, and magistrate’s orders for emergency protection are kept;

A

on file in the Communications Unit.

30
Q

.05G. Copies of magistrate’s conditions of bond in a family violence case will be kept in;

A

a database maintained by the Communications Unit.

31
Q

Officers may request a copy of the condition of bond be sent to them by;

A

email, fax, or a designated printer.

32
Q

.05F. 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 or on file. In these cases the officer must see;

A

The complainant’s copy before making an arrest.

33
Q

.06B. Generally, a person commits a Class A misdemeanor if he;

A

possesses a firearm, harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal.

34
Q

.06C. If an officer, establishes probable cause to believe a person has committed an offense which included the use or possession of a weapon, an assault, threats of bodily injury or the offender has a history of family violence, the officers will arrest the offender without a warrant if;

A

committed within the officer’s presence or view;

35
Q

.06C. If the offender has fled the scene the officer will exhaust all reasonable efforts to locate the offender and make a warrantless arrest. In no event should a reasonable amount of time;

A

exceed two hours.

36
Q

.06C. If the officer is unable to locate and arrest the offender (without a warrant) within a reasonable amount of time, the officer will;

A

begin efforts to secure a warrant.

37
Q

In all cases where a warrant of arrest is recommended, the officer will notify the;

A

appropriate unit, and detail the name of the detective or officer contacted in the details of his offense report

38
Q

.06E The respective substation CRT Officers will prepare warrants during;

A

their business hours. Special Victims Unit or Night CID Unit will prepare warrants at all other times.

39
Q

.06F. Officers are only authorized to arrest an offender who violates a protective order by
engaging in conduct;

A

prohibited by Chapter 25.07 of the Texas Penal code.

40
Q

.06G. In the event the offender’s conduct does not constitute a violation of Chapter 25.07 of the Texas Penal Code, the officer will handle the incident;

A

in the same manner as any civil matter.

41
Q

.06I. If the offender has previously been convicted under Chapter 25.07 two or more times or has violated the order or conditions bond by committing an assault or the offense of stalking.

A

Third Degree Felony

42
Q

.08A. The court which issued the protective order is listed as the;

A

complainant;

43
Q

.08A. The person protected by the court order is listed as either the;

A

reporting person or witness.

44
Q

.08A. A copy of the protective order, temporary protective order, condition of bond, or magistrate’s order for emergency protection is attached to the;

A

copy of the offense report submitted to the Magistrate’s Office.

45
Q

.08A. Officers may photocopy the protective order, temporary protective order, condition of bond, or magistrate’s order for emergency protection on file in the;

A

Communications Unit.

46
Q

.08A. In the case of temporary protective orders, officers will attach a;

A

print out of the verification of service.

47
Q

.08A. Officers may photocopy the reporting person’s copy of the protective order or magistrate’s order for
emergency protection, which shall be returned to the reporting person;

A

before checking into service.

48
Q

.08A. In the case of a temporary protective order; proof of;

A

service on the respondent must be included.

49
Q

.08C. Information necessary for the officer to obtain to apply for a magistrate’s order for emergency protection includes;

A

distance, in yards, necessary for the respondent to maintain for the protection of the victim.

50
Q

.09A. Officers may seize firearms if there is a fear that the weapon;

A

will be used in a criminal act in the future.

51
Q

.09A. Completed SAPD Form #2089-DA Danger Assessment Checklists are routed to;

A

the CRT Office at the appropriate substation.

52
Q

.09D. Crisis Response Team completes 2089-DV, Domestic Violence forms and a copy of the offense report, if available, are routed to;

A

the Special Victims Unit

53
Q

.09D. Who will complete the SAPD Form #2089-DA Danger Assessment Checklist and provide for the victim’s safety.

A

CRT unit at appropriate substation, according to their S.O.P.

54
Q

.09D. When a court orders a suspect to turn over firearms to the police department, who coordinates the surrender of any firearms, as ordered by the court?

A

property room personnel, the assigned CRT substation personnel, and the designated third party assigned by the court

55
Q

.09D Which unit will return the required documents to Pretrial Services, as instructed by the court?

A

The assigned CRT substation personnel

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