4.106 Orders for Protection (Restraining Orders) Flashcards
If during service of an extended order for protection a weapon is surrendered or in plain view of the officer(s), said firearm(s) will be…
impounded as evidence and the impounding officer will write on the impound form, “Evidence-Prohibited Person.” Officer will write, in the circumstances section of the impound form, “firearms impounded, prohibited person,” and explain the reason the adverse party is prohibited from possessing firearms or ammunition.
If during service of an extended order for protection the weapon(s) and/or ammunition is not in plain view and the subject refuses to surrender their firearm(s), the officer will…
complete an officer’s report advising of the refusal and forward it to the appropriate area command’s patrol investigations detail, which will conduct follow-up based on the officer’s report.
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.
- The supervisor will notify the area/bureau commander.
- The area/bureau commander or designee will notify the Criminal Investigations Section (CIS) supervisor of the Internal Affairs Bureau (IAB) as soon as practical.
Who can serve/notify the adverse party of temporary and extended orders for protection against domestic violence?
State law requires a commissioned officer to serve/notify the adverse party of temporary and extended orders for protection against domestic violence when they become aware that such orders exist and have not yet been served/noticed.
If the service is for an extended order for protection issued by Family Court, the officer will advise the adverse party of what?
That during the life of the order they are considered a person prohibited by federal and state law from possessing a firearm and/or ammunition and that if they are in possession of any firearms or ammunition they must surrender them immediately. The officer will advise that failure to surrender may subject them to criminal penalties up to and including a felony.
When serving/notifying the adverse party of a stalking/harassment order, where can officers get the conditions/terms of the order?
Officers will contact RFB 24/7 at 702-828-3745 (Teletypes) or 702-828-3716 (NCIC supervisor line) to receive terms of the order.
What type of restraining order may be obtained for relief regardless of the relationship between the two parties and can be completed by an attorney or by an individual who obtains the necessary paperwork from the local law library.?
civil restraining order
What 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?
emergency temporary protective order (ETPO)
what type of 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 protective order (EPO)
What type of order is granted to victims requesting relief regardless of the nature of their relationship with the suspect and are issued by Justice Court
stalking/harassment order (SHO)
What type of order for protection against domestic violence may be granted without notice to the adverse party, 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)
