4.106 Orders For Protection Flashcards
What is a Stalking/Harassment Order (SHO)?
An order granted to victims requesting relief regardless of the nature of their relationship with the suspect.
What must a victim provide when applying for a Stalking/Harassment Order?
A crime report or the event number with the application.
Where are Stalking/Harassment Orders issued?
By Justice Court.
Is there a fee associated with applying for a Stalking/Harassment Order?
No.
What is the consequence of violating a temporary Stalking/Harassment Order?
It is a gross misdemeanor.
What happens if a Stalking/Harassment Order is extended for up to two years?
Any violation becomes a felony.
What must be done for a Stalking/Harassment Order to be enforceable?
The adverse party must be served with the order.
What types of protective orders can victims apply for?
Civil restraining order, emergency temporary protective order (ETPO), extended protective order (EPO), temporary protective order (TPO).
What is an Emergency Temporary Protective Order (ETPO)?
An order available 24 hours a day when the suspect has been arrested for a domestic violence-related crime.
How is a Temporary Protective Order (TPO) obtained?
It can be granted without notice to the adverse party and is generally valid for 30 days.
What is required for the violation of a domestic violence protective order to result in an arrest?
Documentation that the adverse party has been notified of and/or served with the order.
What are the conditions for serving temporary and extended orders for protection against domestic violence?
A commissioned officer must serve/notify the adverse party.
What happens if a commissioned officer is aware of a temporary or extended order for protection?
They must serve or notify the adverse party.
What must a commissioned officer do if they serve an extended order for protection?
Advise the adverse party that they are prohibited from possessing firearms and/or ammunition.
What is the procedure if a firearm is surrendered during the service of an extended order?
The firearm will be impounded as evidence.
What should a department member do if they become aware of a stalking/harassment order?
Note the status of the order in NCJIS and request a commissioned officer to serve/notify the adverse party.
What is the policy for LVMPD employees who are adverse parties of an order for protection?
They must immediately notify their supervisor.
True or False: A temporary protective order has a fee associated with it.
False.
Fill in the blank: The violation of any domestic violence protective order is a _______.
misdemeanor.
An extended order for protection against domestic violence may only be granted after notice to the adverse party. It can be extended for up to two years or as indicated on the order itself. Extended orders are issued at the court hearing prior to the expiration of the temporary order.
extended protective order (EPO)
A temporary order for protection against domestic violence may be granted without notice to the adverse party. It is generally valid for 30 days or until the scheduled court appearance indicated on the back side of the order. Applications must be completed in person at the Protective Order Office, Family Court Complex, Room 54, 601 N. Pecos Road, between 9 a.m. and 4 p.m., Monday through Friday (except holidays). These orders do not have a fee associated with them. The violation of any domestic violence protective order is a misdemeanor; however, for arrest to occur there must be documentation that the adverse party has been notified of and/or served with the order.
temporary protective order (TPO)
This type of order against domestic violence is available to victims, 24 hours a day, when the suspect has been arrested for a domestic violence-related crime. This order is obtained by phone through SafeNest, the domestic crisis program (702) 646-4981. This information is also available to victims on the domestic violence blue cards. The suspect will be served with notice prior to release from custody. Both parties are required to appear in court at an established time within one week of the date of issue. There is no fee associated with this order.
emergency temporary protective order (ETPO)
It is the policy of this department that any LVMPD employee who becomes aware they are an adverse party of an order for protection as detailed in this policy will immediately notify their supervisor, who does the area/bureau commander or designee notify?
Criminal Investigations Section (CIS) supervisor of the Internal Affairs Bureau
