326B - Domestic Violence And Dating Violence Administrative Order (11.09.22) Flashcards
Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another family or household member is definition for what?
Domestic violence
Spouses, former spouses, persons related by blood or marriage, person residing together as if a family or who have resided together in the past as if a family, and person who have a child in common regardless if they have been married or resided together at any time. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit is a definition of what?
Family or household member
Violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature is called what?
Dating violence
Dating relationship must have existed within the past ____ months.
6
For it to be considered dating violence, there must have been an expectation of affection or sexual involvement between the parties. T/f
True
Dating violence does not include a ______ acquaintanceship.
Casual
Dating violence must involve any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in injury or death. T/f
True
Repeat violence is ____ or more incidents of violence or stalking committed by respondent one of which must have occurred within ____ months of filing of petition.
2
6
Temporary domestic, repeat, sexual or dating violence injunction is in full effect for a period of _____ days or a hearing, whichever comes first.
15
If someone answers the door on signal 22 and says everything is okay, officers ______ insist on seeing the other party.
Shall
Most of the time neither party can be forced from the home absent an injunction for protection or arrest. T/f
True
Can an officer enforce a custody order?
No unless it contains provision directing the police to take specific action
An order from another Florida jurisdiction will be enforced as if it was a local custody order. T/f
True
An out of state custody order will NOT be enforced unless it has been validated by who?
Local circuit judge
Is a General Offense report required for a domestic/dating violence call even if there is no arrest?
Yes
Should a written statement be obtained from the victims and witnesses in DV case?
Yes, whenever possible
Who will obtain a written statement from victims/witnesses in sexual battery/DV cases?
Special Assault Detective
Child abuse may be defined as harm to child’s health/welfare which can occur when any person engages in violent behavior that demonstrates a _______ ________ for presence of child that could reasonably result in serious injury to child.
Wanton disregard
Where should notification of DCF be indicated in GO report?
Narrative section
If PC exists for arrest related to DV, officer SHALL attempt to contact and interview within _____ hours.
36 hours
If after 36 hours but before _____ hours, if suspect not located and interviewed, supervisor will be consulted to determine if PC exists and requesting warrant is appropriate.
96 hours
Is SAO declines to issue warrant, the case status will be what?
Exceptionally cleared
Officer SHALL list the ____ who declined warrant and the _____ number they work for in the narrative supplement report.
ASA name
Division
At the end of the GO narrative the following information SHALL be listed:
Name, race, sex, age of all minor children living in home
Reason no arrest or why multiple parties arrested
Victim/Witness Service guide issued
If victim transported to “safe location”
If officer transports victim to Hubbard House, who should they contact before arrival?
NCIC to call Hubbard House
If DV call results in injury to intimate partners and they are transported to hospital, who SHALL be contacted?
NCIC to call Hubbard House for advocate to respond
Can suspect be charged for criminal violation of injunction for protection if conduct is specifically prohibited. T/f
True
What are examples of prohibited behaviors usually listed in junction for protection?
Refusing to vacate dwelling Going to petitioners work, school Committing act of DV Intentional threat or act Telephone or contact indirectly
If suspect arrested for violation of injunction, a statement in the narrative of the arrest and booking report will indicated injunction was verified through who?
FCIC
Officer should make it a practice to ask if there is an existing ______ ____ _____ .
Injunction for protection
If petitioners say injunction was issued, office should contact which two places?
Clerk of the Court’s website
Contact ID to verify injunction properly served
Who issues AWARE alarms?
Hubbard House
If person under final injunction which is in force and effect has firearm or ammunition, can they be arrested?
Yes unless LEO who uses for performing official duties
Does LEO exemption for firearms possession apply to off-duty officers?
Yes if required to carry a firearm
Does LEO exemption for possession of firearm extend to CO’s, reserve officers, civilian employees or PO’s hunting?
No
If employees and reserve officers are subject to injunction who should they immediately notify?
Commanding officer or section supervisor in writing
Can protection orders issued in another state or Indian Tribal court enforceable by local LEO without being registered or recorded in Florida?
Yes
If a victim is in the Address Confidentiality Program, and an officer requires information from the victim, the officer must obtain a ____ ____ or _____ and serve it the Office of the Attorney General.
Court order
Subpoena
Are ex parte foreign injunctions for protection eligible for enforcement in Florida?
Generally no (page 13)
If a child commits DV against their parent, sibling, spouse or offspring, and do not meet detention criteria, they may be held in secure detention if a respite home is not available up to ____ hours.
48 hours
What is the fee for registering a foreign order of protection?
There is no fee
A repeat, sexual, or dating violence injunction is granted for a _____ period, unless the victim petitions the court for an extension.
Fixed period
Officers will notify their _____ when all efforts to contact the occupants have failed. After reviewing the circumstances surrounding the call, the ____ will determine if a forcible entry should be made.
Supervisor
Officers responding to incidents of domestic/dating violence which involves members of the SO will notify their ________, the responding _______ will notify the _________ Unit.
Supervisor
Integrity Special Investigations Unit
Before arresting a SO employee, who will be consulted first?
Employee’s Zone Commander or designee (AC or higher)
Children age ____ and above are to be interviewed for information relating to the incident.
4 and above
If probable cause exists to effect the arrest of the alleged abuser, and the abuser is present, an arrest will be made or a ________ Issued.
Juvenile Civil Citation
Victims should be informed that prosecution frequently results in the offender being placed on ______, not prison.
Probation
Who owns the Domestic Violence and Dating Violence Administrative Order?
Assistant Chief of Major Case
A court order requiring a person to do or refrain from doing a specified act is called what?
Repeat, sexual, or dating violence injunction
Any one incident of sexual Battery, a lewd or lascivious act, committed on or in the presence of a person younger that’s 16 years of age; luring or enticing a child; sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the SAO is a definition of what?
Sexual violence
