4.104 DV Investigations Flashcards
What is domestic violence?
A crime that adversely affects the lives of all exposed to it, necessitating a thorough investigation by law enforcement to prevent further violence.
Define ‘assault’ in the context of domestic violence.
Abusive behavior or coercion used to gain or maintain power and control over another, including unlawful attempts to use physical force or placing someone in apprehension of harm.
What constitutes ‘battery’?
Any willful and unlawful use of force or violence upon the person of another.
What is ‘coercion’?
The intent to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing.
Define ‘dating relationship’.
Frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement.
What is ‘felony domestic violence’?
Domestic violence involving strangulation, deadly weapons, or substantial bodily harm, or multiple domestic violence offenses within seven years.
What is ‘mutual arrest’?
Occurs when there is probable cause that a separate, distinct battery has been committed by each party against the other.
What is ‘sexual assault’?
Subjecting another person to sexual penetration against their will or under conditions where the victim is incapable of resisting.
What does ‘strangulation’ mean?
Intentionally applying pressure to another person’s neck to hinder breathing or blood flow to the brain.
List some acts constituting domestic violence according to NRS 33.018.
- Battery
- Assault
- Coercion
- Sexual assault
- Stalking
- Arson
- Trespassing
- Larceny
- Destruction of property
- Carrying a concealed weapon without a permit
- Injuring or killing an animal
- Burglary
- Invasion of the home
- False imprisonment
- Pandering
True or False: Domestic violence can only occur between spouses.
False
What should communications bureau personnel do upon receiving a domestic violence-related call?
- Determine the relationship of parties
- Ascertain the adverse party’s information
- Route a family disturbance event
- Include appropriate priority code based on threat level
What actions should officers take upon arriving at a domestic violence scene?
- Approach with caution
- Observe for evidence
- Listen for sounds of altercation
- Contact involved parties
- Secure weapons if present
- Request medical assistance if needed
Fill in the blank: Officers must make a probable cause warrantless arrest for any battery offense constituting domestic violence if it occurred within the preceding _______.
24 hours
What must be documented in a Domestic Battery Report?
- Physical evidence
- Identity of children present
- Witnesses
- Medical information
- Spontaneous statements
What considerations are used to determine the primary physical aggressor in mutual battery cases?
- Prior domestic violence
- Severity of injuries
- Potential for future injury
- Self-defense claims
- Corroborating evidence
True or False: Mutual arrests are encouraged in domestic violence cases.
False
What is required if an arrest is made for a prohibited person in possession of a firearm?
- Complete a Firearms Notification
- Impound the firearm as evidence
- Document reason for prohibition
What is the primary intent of Assembly Bill 51 regarding domestic violence suspects?
To provide police with seven days to find and lawfully arrest a domestic violence suspect who fled before police arrived.
What is a prohibited person?
A person who is not allowed to possess firearms due to a previous conviction for domestic violence.
This term is relevant in the context of firearms possession laws.
Under what conditions may an officer impound firearms for safekeeping?
If there is an articulable reason that a danger exists and the involved party agrees or gives consent.
This process is crucial for ensuring safety during domestic violence investigations.
What should be done if a protection order exists?
Follow the procedures set forth in LVMPD 4.106, Orders for Protection (Restraining Orders).
This ensures compliance with legal requirements for protection orders.
When should a SafeNest advocate be requested?
When strangulation is alleged, there is a reasonable belief of firearms at the residence, the victim requests it, or there are significant repeated calls for service.
SafeNest advocates provide critical support to victims of domestic violence.
What is SafeNest’s goal in terms of response time?
To respond to a scene in 20 minutes or less.
Quick response is essential for victim support and safety.
What should officers do if a SafeNest advocate cannot respond in a timely manner?
Request verbal consent from the victim to provide their information to SafeNest for follow-up services.
This process allows for continued victim support even if immediate assistance is unavailable.
What should be documented in the CAD event if an officer contacts SafeNest directly?
The information must be updated in the computer-aided dispatch (CAD) event.
Accurate documentation is critical for tracking victim support efforts.
What information should be provided to victims?
- Victim’s Information Guide (LVMPD 608)
- Domestic Violence Card
- Information about obtaining an emergency protection order.
Providing this information empowers victims to take necessary legal actions.
True or False: SafeNest advocates can be used for investigative purposes.
False.
SafeNest advocates are not intended to serve as witnesses or for investigative purposes.
What must be ensured before approving mutual arrests?
Every attempt has been made to determine a primary physical aggressor and that probable cause exists for both arrests.
This is crucial to avoid unjust arrests in domestic violence situations.
What should be done if parties involved are believed to be a pimp and prostitute?
Immediately notify the Vice Section.
This ensures that the appropriate authorities handle the situation effectively.
What is the role of the Family Justice Center (FJC)?
It is a full-service facility for victims of domestic violence, sexual assault, and human trafficking.
FJC provides comprehensive support and resources for victims.
What types of crimes will FJC detectives investigate?
- Domestic battery by strangulation
- Domestic battery with a deadly weapon
- Assault domestic violence with use of a deadly weapon
- Domestic battery (third offense)
- Domestic battery with prior felony convictions.
These investigations focus on serious domestic violence offenses.
Fill in the blank: Domestic battery (first or second offense) will be investigated by the _______.
[appropriate area command].
This delineation of responsibilities is important for effective law enforcement.
What must be documented in the victim’s narrative?
- Victim’s conduct and demeanor
- Reason for the delay in reporting
- Statements by the victim and witnesses.
Accurate documentation is essential for the investigation.
What should be included in a Domestic Battery Report?
- Identity of children present
- Witnesses
- Medical information
- Spontaneous statements made in the officer’s presence.
This comprehensive documentation aids in legal proceedings.
What should be done if a victim refuses to provide a written statement?
Note in the report the reason for the refusal (e.g., uncooperative, afraid, injured, or language barrier).
Documenting refusal reasons is important for case integrity.
What evidence should be collected during a domestic violence investigation?
- Document visible injury or complaint of injury
- Photograph the victim
- Document any independent provable crimes.
Evidence collection is critical for supporting the victim’s claims.
First responding Officers will immediately contact their supervisor in cases when:
a. Felony domestic violence has occurred.
b. A law enforcement employee of any agency is involved as a suspect or victim.
c. Parties involved are believed to be a pimp and prostitute.
d. A suspect under arrest has a previous conviction for domestic violence and is in possession of a firearm and/or ammunition.
e. A mutual arrest is considered.
Officers ___________ complete a citizen’s citation or citizen’s arrest for all other misdemeanor acts constituting domestic violence (excluding battery) not committed in their presence (e.g., allegations of trespassing, petit larceny, and destruction of private property)
may
Mutual arrests are _________________
discouraged
If an arrest is made for a prohibited person in possession of a firearm, the officer will:
1) Complete a Firearms Notification (LVMPD 181) and fax it to the local office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and LVMPD CCW Dispositions Detail.
2) Impound the firearm and/or ammunition as evidence, and write on the impound form, “Evidence - Prohibited Person.” Write in the circumstances section of the impound form, “firearms impounded, prohibited person,” and explain the reason they are prohibited (i.e., “Previous conviction for domestic violence”).
In cases when a law enforcement employee of any agency is involved as a suspect or victim of domestic violence, immediately notify the __________________________________________ to respond.
watch commander and the area lieutenant
The watch commander will contact _________________________________ if the domestic violence suspect/victim is an LVMPD employee (see LVMPD 8.200, Criminal Investigations Involving Law Enforcement Employees).
the Criminal Investigations Section (CIS) supervisor
