Test 3. Family Violence, Domestic Disputes, and Disturbances Flashcards
(32 cards)
§ 19-13-1
“Family Violence”
Concerning “Family Violence”, what are the relationships defined in this article?
1) Past or present spouses
2) Persons who are parents of the same child
3) Parents and children
4) Stepparents & stepchildren
5) Foster parents/children
6) Persons living in same household or formerly living in the same household
§ 19-13-1
“Family Violence”
What offenses under “Family Violence” fall in this article?
1) Any Felony
2) Commission of one of the following offenses:
(a) simple battery
(b) battery
(c) simple assault
(d) stalking
(e) damage to property
(f) unlawful restraint
(g) criminal trespass
§ 19-13-1
“Family Violence”
The term “family violence” shall not be deemed to include reasonable _______________ administered by a parent to a child in the form of corporal punishment, restraint, or detention.
discipline
§ 19-13-1 “qualifies” offenders for arrest with or without a __________.
warrant
§ 19-13-2
Jurisdiction
__________________ of the county where the respondent resides shall have jurisdiction over all proceedings under this article.
Superior court
§ 19-13-3
Petition; hearing
(a) An adult can file a petition with the superior court alleging to family violence on behalf of a _________.
minor
“_________________________” refers to a court order granted without notice to the other party, providing immediate, temporary protection or action, often in urgent situations like domestic violence or child custody matters.
Ex parte temporary relief
§ 19-13-3
Petition; hearing
Within ____ days of filling family violence petition. No later than ____ days hearing shall be held at which the petitioner must prove the alleged facts.
1) 10
2) 30
§ 19-13-3
Petition; hearing
Family violence shelters or other social service agencies may provide assistance to the victim without cost and this shall not constitute _________________________.
practice of law
§ 19-13-4
Protective orders and consent agreements
A copy of a protective order shall be issued by the clerk of the superior court to the _________ of the county wherein the order was entered.
sheriff
§ 19-13-4 (c)
Protective orders and consent agreements
Protective order can be in effect for how many years?
1 year;
3 years; or
permanent
§ 19-13-4 (d)
Protective orders and consent agreements
Where does a protective order apply and whose legal duty is it to enforce?
1) Protective orders shall be effective throughout this state
2) Duty of all law enforcement personnel to enforce order
§ 16-5-95
Violation of Family Violence Order
What are the elements to this offense?
> Person knowingly and in nonviolent manner
> violates family violence order issued against them
> Misdemeanor
§ 16-5-90
Stalking
> person follows, places under surveillance, contacts another
> purpose to harass and intimidate
> violates temporary restraining order
> Misdemeanor
§ 16-5-91
Aggravated Stalking
> Person violates order
> order prohibits following, placing under surveillance, contacting another
> harass and intimidate
> Felony
§19-13-20(5)
Define “Family violence shelter”
Facility approved by council for receiving, temporarily, individuals subject to family violence
§19-13-55
Cofidentiality of location of family violence shelter
What are the elements of this article?
> Any person
> Knowingly publishes, disseminates, discloses location of family violence shelter
> Misdemeanor
§19-13-52
Georgia Protective Order Registry
What are prominent characteristics of the Georgia Protective Order Registry?
> Centralized access
> 24 hours/7 days a week
> aid personnel in enforcement of protective orders
§19-13-51
Definitions
Define Foreign Court:
Court of competent jurisdiction in any state other than Georgia
§19-13-51
Definitions
Define Modification:
Means any amendment, dismissal, or continuance
§19-13-51
Definitions
Define Protective Order:
An ex parte, temporary, permanent, restraining sentencing order that prohibits contact with the pursuant
§17-4-20
Arrest without warrant
An arrest for a crime may be made by law enforcement officer without a warrant it:
1) Offense committed in officer’s presence or officer’s immediate knowledge
2) Offender endeavouring to escape
3) probable cause of family violence
4) Oprobable cause to believe the offender has violated family violence order
§17-4-20.1
Investigation of and arrests in incidents of family violence
(a) An officer responding to a family violence incident shall not base the arrest decision on the victim’s _________.
consent
§17-4-20.1
Investigation of and arrests in incidents of family violence
Define Predominant Aggressor:
The individual who poses the most serious, ongoing threat, which may not be the initial aggressor
