Procedure 603-Protective Orders Flashcards Preview

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Flashcards in Procedure 603-Protective Orders Deck (55):
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.01A. This procedure establishes guidelines for the proper handling of protective orders and;

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

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.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.

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

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

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

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

serve a greater number of victims;

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

report violations at the substation nearest their home;

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.01C. This procedure is a cooperative effort to 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;

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

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

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.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.

Temporary Protective Order

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

Temporary Protective Order:

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

Temporary Protective Order

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

Temporary Protective Order

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

Communications Unit, information channel

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

Magistrate's Order For Emergency Protection

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

Magistrate's Order For Emergency Protection

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

Protective Order

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

Certain Court Orders or Conditions of Bond

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

exceed {20} days.

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

extended for additional {20} day periods.

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

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

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

Protective Order

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

Time periods

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.04C. A protective order is valid for;

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

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

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

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

adjudicated or the court order or condition of bond
is rescinded.

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

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

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

(MAGS) by the Magistrate's Office.

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

Communications Unit Information Channel

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

mainframe computer system through PDPO, Protective Order System.

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.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;

on file in the Communications Unit.

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

a database maintained by the Communications Unit.

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

email, fax, or a designated printer.

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.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;

The complainant's copy before making an arrest.

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

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

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.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;

committed within the officer’s presence or view;

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.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;

exceed two hours.

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

begin efforts to secure a warrant.

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

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

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

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

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.06F. 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.

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.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;

in the same manner as any civil matter.

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.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.

Third Degree Felony

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

complainant;

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

reporting person or witness.

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

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

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

Communications Unit.

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

print out of the verification of service.

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.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;

before checking into service.

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

service on the respondent must be included.

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

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

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

will be used in a criminal act in the future.

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

the CRT Office at the appropriate substation.

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

the Special Victims Unit

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

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

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.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?

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

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

The assigned CRT substation personnel

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