600-06 Family Violence

Question 1

Pursuant to Article 5.04 (a) of the Texas Code of Criminal Procedure, “The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to _____.”

Additionally, Article 14.03(a)(4) of the Texas Code of Criminal Procedure provides, “Any peace officer may arrest, without warrant. .. persons who the peace officer has probable cause to believe have ______.”

Accordingly, officers shall enforce criminal laws to the maximum extent in the _____

Answer 1

1) protect any potential victim of family violence, enforce the law of this state, … and make lawful arrests of violators

2) committed an offense involving family violence

3) protection of potential or actual victims of family violence.

Question 2

Family Violence

Section 71.004 of the Texas Family Code defines Family Violence as:

a. An act by a member of a family or household against another member of the family or household that is intended to result in _____ or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;

b. _____ as defined by law when that abuse is committed by a member of the family or household toward a child of the family or household; or

c. _____ as defined in the Texas Family Code section 71.0021.

Answer 2

1) physical harm, bodily injury, assault, or sexual assault

2) Child abuse

3) Dating violence

Question 3

Offenses Related to Family Violence

When a warrantless arrest is not made for family violence, officers shall _____. The following is a nonexhaustive list of offenses that may be related to family violence: terroristic threat, harassment, unlawful restraint, injury to elderly, violation of protective order or certain court orders, burglary with intent to commit assault, criminal trespass, interfering with an emergency request for assistance.

Answer 3

evaluate whether any other criminal offense related to family violence has been committed

Question 4

Assault.

Answer 4

A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. (Texas Penal Code section 22.01(a)).

Question 5

Bodily Injury.

Answer 5

Physical pain, illness, or any impairment of physical condition. (Texas Penal Code section 1.07(8)).

Question 6

Dating Relationship.

Answer 6

A relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of: (1) the length of the relationship; (2) the nature of the relationship; and (3) the frequency and type of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship. (Texas Family Code section 71.0021 (b and c)).

Question 7

Family or Family Member.

Answer 7

Individuals who are related by blood or marriage, former spouses, or biological parents of the same child without regard to marriage. Family also includes foster children and foster parents regardless of residency. Family members may also include spouses, parents, grandparents, children, siblings, aunts, uncles, nephews, nieces, adopted children, cousins, and current in-laws.

Question 8

Family Violence Unit.

Answer 8

The unit in the Special Victims Division responsible for investigating family violence situations.

Question 9

Household Members.

Answer 9

Individuals who live together in the same dwelling whether or not they are related to each other. This definition also includes any former household members, regardless of the time of separation.

Question 10

If it is unclear whether an individual is considered a family or household member, the investigating officer shall contact the _____ for clarification.

Answer 10

Family Violence Unit or the appropriate District Attorney’s Office

Question 11

OFFICER’S RESPONSIBILITIES

When family violence occurs or is alleged, officers shall remain at the scene and conduct an investigation to _____. Victims and suspects should be interviewed separately to determine what offense occurred.

When an officer makes contact with a victim away from the victim’s residence, the officer may return to the residence to investigate a complaint of family violence and verify the safety of any other persons involved. The officer shall not participate in the _____, but may escort the victim into the home to_____. Any person asking questions regarding the division of property should be advised to seek private legal counsel.

Answer 11

1) verify the allegations and to prevent any further commission of family violence

2) division of property

3) secure items of immediate necessity (e.g., clothes, medication, identification, baby items, food)

Question 12

OFFICER’S RESPONSIBILITIES (1/4)

a. Identify and secure _____ in the surroundings.

b. Attempt to determine whether any parties at the scene possess a firearm in violation of state or federal law. If the officer determines any person is in violation of such firearms prohibitions, the officer shall _____. The officer shall also contact the District Attorney’s Office for approval of charges against the person in violation of the firearms prohibition.

c. _____ of any firearm at the scene (even if the person is not prohibited by law from possessing it) because of the danger a firearm poses to the complainant. The officer may take custody of firearms voluntarily surrendered and tag the firearm(s) in the Property Division.

Answer 12

1) potential weapons

2) seize the firearm(s) and tag the firearm(s) in the HPD Property Division on hold for the Special Victims Division

3) Encourage the voluntary surrender

Question 13

OFFICER’S RESPONSIBILITIES (2/4)

d. _____the parties.

e. _____, if necessary.

f. Assess and ask the parties about injuries, including those that may be concealed by clothing or otherwise not readily apparent including strangulation or internal injuries. An officer of the same sex as the victim may be needed as further visual investigation continues.

Officers shall ask the victim if _____. The definition of bodily injury includes physical pain, which is a low threshold. When the victim does not complain of pain, officers should consider the manner in which the suspect made contact with the victim or observable physical marks on the victim in determining if there is bodily injury.

Answer 13

1) Separate

2) Restrain or remove the suspect

3) he or she felt pain when a suspect made physical contact with the victim especially when there are no visible injuries

Question 14

OFFICER’S RESPONSIBILITIES (3/4)

g. Request _____ as necessary.

h. _____ all persons or witnesses on the premises.

i. Separate occupants and witnesses from the victim and the accused, keeping them out of sight and hearing range of one another, as _____ permits.

j. Obtain a _____ of the events from all parties including witnesses.

k. Officers should not rely solely on the images captured on their body worn cameras but should, whenever possible, take digital photographs of the victim’s injuries and any disarray or destruction at the scene. If the suspect is present, photographs of the suspect should be taken, especially if the suspect has suffered any injuries. Digital photographs that are taken shall be uploaded into the _____

Answer 14

1) medical services

2) Identify

3) safety

4) comprehensive account

5) department’s digital photograph storage database (i.e., Dataworks).

Question 15

OFFICER’S RESPONSIBILITIES (4/4)

I. Notify the Special Victims Division via established department procedures whenever an officer is on a call involving family violence and _____. The notification shall include the incident number, ADA’s name, and reason charges were declined.

m. Complete an _____ as set forth in section 3, Family Violence Incident Reports.

n. Complete _____ provided in section 4, Other Requirements.

Answer 15

1) the suspect is on the scene but an arrest is not made because a Harris County Assistant District Attorney (ADA) declined charges

2) incident report

3) requirements

Question 16

SUSPECT ON SCENE

When a suspect is present on a scene involving family violence, officers with probable cause to believe an assault that meets the definition of family violence has occurred should _____.

There is no requirement that the officer witness the assault. Officers are to file the _____ when filing criminal charges.

The willingness of the victim to prosecute is not a factor as to whether an arrest should be
made if there is probable cause to make an arrest for family violence as defined in section
71.004 of the Texas Family Code.

Pleas from any family or household member stating the violence will not occur again or an
arrest may cause financial hardship should not impact an officer’s decision to arrest the
suspect. The victim shall be listed as the complainant and the officer may _____

Answer 16

1) arrest the suspect without a warrant

2) highest family violence charge possible

3) act as the affiant.

Question 17

SUSPECT ON SCENE

In situations involving family violence, officers are discouraged from _____. Officers shall make reasonable efforts to identify the primary aggressor.

Arrests of both parties should be avoided unless _____

Before filing any charges with the Harris County District Attorney’s Office, an assistant district attorney shall be contacted to ensure that _____.

Answer 17

1) arresting both parties involved in the altercation for assaulting each other

2) warranted and authorized by an on-duty supervisor.

3) the charges will be accepted

Question 18

Request On-Duty Supervisor To The Scene

When an officer is on a call involving family violence and the suspect is on the scene, the
officer shall request the presence of an on-duty supervisor when the below applies:

a. A warrantless arrest is NOT made for:

1. _____ or
2. an offense _____

AND

b. There is:

1. _____ or
2. a _____of imminent bodily injury or
3. physical contact regarded as _____.

Answer 18

a. A warrantless arrest is NOT made for:

1. family violence or
2. an offense related to family violence

AND

b. There is:

1. bodily injury or
2. a threat of imminent bodily injury or
3. physical contact regarded as offensive or provocative.

Question 19

On-Duty Supervisor Responsibilities

The on-duty supervisor who is notified shall respond and proceed immediately to the scene. Once at the scene, the supervisor shall review all facts and make a decision on the best course of action consistent with the below procedures. When the supervisor determines there is probable cause for a warrantless arrest for family violence or an offense related to family violence,

In Harris County:

If the ADA was not previously contacted by the officer, the supervisor shall _____

If the officer previously spoke with an ADA at Intake who declined charges, the supervisor shall _____

If the ADA or Intake Chief, as applicable, declines charges, an arrest will not be made, unless _____

Answer 19

1) call and speak with the ADA at Intake to discuss the facts of the case.

2) call and speak with the Intake Chief on Duty to discuss the facts of the case.

3) the facts support an arrest for Class C Assault (FV) (i.e., when there is a threat of imminent bodily injury or physical contact regarded as offensive or provocative).

Question 20

On-Duty Supervisor Responsibilities

The on-duty supervisor who is notified shall respond and proceed immediately to the scene. Once at the scene, the supervisor shall review all facts and make a decision on the best course of action consistent with the below procedures. When the supervisor determines there is probable cause for a warrantless arrest for family violence or an offense related to family violence,

In Montgomery County and Fort Bend County:

Since an ADA is not contacted in these counties, when a supervisor is required to make the
scene because the primary officer does not believe there is probable cause for an arrest, an arrest will be based on the_____

In felony incidents involving family violence or when a scene is complex, the supervisor may _____

Answer 20

1) supervisor’s determination as to whether or not there is probable cause to make a warrantless arrest for a family violence offense or an offense related to family violence.

2) contact the Special Victims Division for assistance.

Question 21

FAMILY VIOLENCE INCIDENT REPORTS

As mandated by the Texas Code of Criminal Procedure, a complete and thorough incident report shall be completed by the responding officer for every _____. Complainants shall not be referred to a police station or to the Family Violence Unit to make an original report. The requirement to complete an incident report also applies to situations involving violence between persons in a dating relationship, regardless of gender or sexual orientation. District supervisors shall ensure_____

Answer 21

1) family violence situation or allegation of family violence

2) their officers generate incident reports when family violence offenses occur.

Question 22

FAMILY VIOLENCE INCIDENT REPORTS

When a victim leaves a suspect, the suspect may begin to stalk the victim. This offense includes behavior such as shadowing or following the victim. It also includes making threats against the victim, the victim’s property or family, or a member of the victim’s household. Officers shall make a written incident report documenting such behavior. Officers should encourage victims to _____.

Answer 22

continue documenting any stalking behavior

Question 23

FAMILY VIOLENCE INCIDENT REPORTS (1/2)

When writing the incident report, officers shall include all of the following:

a. The _____of the suspect to the victim.

b. Descriptions of the _____of the victim and suspect (when the suspect is present).

c. Any ______ statements made by either party or any witnesses.

d. Documentation of the interview with all _____in the household who were witnesses to the assault.

e. Description of any _____ at the scene.

f. Documentation of any and all injuries as well as the _____ of the injury.

Answer 23

a. The relationship of the suspect to the victim.

b. Descriptions of the demeanor of the victim and suspect (when the suspect is present).

c. Any spontaneous or excited utterances (res gestae) statements made by either party or any witnesses.

d. Documentation of the interview with all children in the household who were witnesses to the assault.

e. Description of any destruction or disarray (or lack of) at the scene.

f. Documentation of any and all injuries as well as the location and description of the injury.

Question 24

FAMILY VIOLENCE INCIDENT REPORTS (2/2)

When writing the incident report, officers shall include all of the following:

g. Any _____, when known.

h. ______ including, as applicable, facts leading to the decision not to make an arrest.

i. The on-duty supervisor’s name and employee number who ______, when applicable.

j. An alternate telephone number of a _____

k. The presence of any _____in the household.

I. The on-duty supervisor’s name and employee number who _____ pursuant to this policy, when applicable.

Answer 24

g. Any prior history of family violence, when known.

h. Disposition of the incident including, as applicable, facts leading to the decision not to make an arrest.

i. The on-duty supervisor’s name and employee number who authorized both parties to be arrested, when applicable.

j. An alternate telephone number of a close relative that will remain in contact with the victim.

k. The presence of any firearm in the household.

I. The on-duty supervisor’s name and employee number who responded to the scene at the request of the officer pursuant to this policy, when applicable.

Question 25

FAMILY VIOLENCE INCIDENT REPORTS

If an arrest is not made due to charges being declined by the Harris County District Attorney’s Office, the following shall also be included in the incident report:

m. The Harris County_____, as applicable.

n. ______ the ADA or Intake Chief was contacted about filing charges.

o. ______ for charges being declined.

Officers shall select “yes” in the family violence field choice box on the laptop software program for family violence and other incidents related to family violence such as stalking or terroristic threats that involve family or household members or persons in a dating relationship.

Answer 25

m. The Harris County ADA’s name or Intake Chief’s name, as applicable.

n. Time and date the ADA or Intake Chief was contacted about filing charges.

o. Reason given for charges being declined.

Question 26

OTHER REQUIREMENTS

Officers shall give adult victims the department issued _____, which contains written notice of their legal rights, possible remedies, and the availability of social services and community resources. Officers shall make every reasonable effort to help victims understand all their options, including the availability of a Magistrate’s Order of Emergency Protection (MOEP). Officers shall document in their incident reports that a copy of the Blue Card was provided to the victim.

Answer 26

Victim’s Referral Card (Blue Card)

Question 27

OTHER REQUIREMENTS

After completing the investigation, the victim may be referred to the Family Violence Unit to speak with a counselor or an investigator (if _____).

If the suspect is gone upon the officer’s arrival, the officer shall make a written incident report, provide a Blue Card, and refer the victim to the _____ assigned to that area.

When an arrest is made for any family violence or stalking offense (including a Class C misdemeanor), an officer shall obtain the name and telephone number of the victim or a responsible person designated by the victim. Information regarding the telephone number and the person to be notified shall be included in the incident report. The information shall also be placed on the_____ so victim notification can occur prior to the suspect’s release from jail. Jail Division personnel are not responsible for obtaining this information.

Answer 27

1) the officer feels the victim needs additional guidance or assistance

2) Family Violence Unit’s office

3) jail booking blotter

Question 28

Incidents at Foster Homes

An officer investigating a family violence allegation or responding to a disturbance call that may involve violence is required to determine if the address where the disturbance took place is a licensed foster home or a verified agency foster home listed in the _____

To determine if the residence is a foster home, officers may contact the Texas Department of Family and Protective Services at 1-800-877-5300, which is a 24-hour telephone number for law enforcement. Upon determining that the location is a foster care facility, officers should_____

Officers must then call and report the information to the Family Violence Unit main office. After hours or on weekends, officers must contact the Homicide Division and provide the information to an investigator. The Family Violence Unit or Homicide investigator shall then contact the Texas Department of Family and Protective Services, within _____, to file a report. All officers must document incidents involving foster care facilities by completing an incident report.

Answer 28

1) Texas Crime Information Center (TCIC).

2) ask to see the required license that should be displayed in the home.

3) 24 hours

Question 29

RELEASE OF SUSPECT

The law provides persons charged in family violence cases may be held an additional four hours after bond has been posted if there is probable cause to believe the violence will continue when the suspect is released. When the facts indicate the four-hour hold is necessary, the investigating officer must document the reasons for the hold in the incident report and secure approval from the ______.

An additional ____-hour hold order (after bond is posted) may be obtained from a magistrate in writing. Should the facts gathered by the investigating officer indicate a need for this measure, the same procedure as the four-hour hold shall be followed.

State law requires victims be notified prior to the release of a suspect charged with a family violence crime or with stalking. _____, in accordance with the Jail Division’s standard operating procedures, shall make the notification.

Answer 29

1) Homicide Division

2) 48

3) Jail Division or police station desk personnel

Question 30

FAMILY VIOLENCE UNIT RESPONSIBILITIES

The Family Violence Unit is responsible for:

a. Follow-up investigation and filing criminal charges on incidents of family violence when _____

b. Follow-up on incidents requiring _____ not available to the responding officer at the time of the incident.

Answer 30

1) the suspect is gone upon the officer’s arrival.

2) additional investigation of facts

Question 31

FAMILY VIOLENCE UNIT RESPONSIBILITIES

The Family Violence Unit’s main office is also responsible for:

c. Receiving _____ from the courts.

d. Entering _______into TCIC. Hard copies of the protective order and MOEP shall be filed in Homicide Division and be available 24 hours a day. Any officer seeking information about protective orders or MOEPs may contact the Family Violence Unit during business hours or Homicide Division after hours.

e. Directing victims to the _____ when seeking financial reparation from the Texas Crime Victims’ Compensation Fund for direct, unreimbursed, or out-of-pocket expenses incurred as a family violence victim.

Answer 31

1) temporary and permanent protective orders

2) permanent protective orders and Magistrate’s Orders of Emergency Protection (MOEPs)

3) Victims Services Unit counselor

Question 32

PROTECTIVE ORDERS

When a valid protective order violation occurs in an officer’s presence, the officer shall _____. When the violation does not occur in the officer’s presence, the officer may _____

Answer 32

1) arrest the person

2) make a warrantless arrest if sufficient probable cause exists.

Question 33

PROTECTIVE ORDERS

Protective orders are _____ that help prevent family violence. Protective orders filed in any county in Texas are valid in the city of Houston. A protective order from another jurisdiction is presumed to be valid if it appears valid on the order’s face. Orders of protection from other states’ courts, military courts, tribes, or territories shall be _____

Temporary and ex parte protective orders are enforceable. However, before a suspect can be arrested for violating a temporary or ex parte protective order, the investigating officer shall _____. The clerk of the court that issued the temporary or ex parte order may be able to provide this information. If an officer has any questions, the District Attorney’s Office should be contacted for clarification.

Answer 33

1) civil judicial orders with criminal penalties

2) enforced as if a Texas state court issued the protective order.

3) verify that the suspect has been served with the temporary or ex parte protective order

Question 34

PROTECTIVE ORDERS

Officers shall accept a certified copy of a protective order as proof of its existence and it shall be presumed the order is valid for two years, unless:

a. The order contains a _____ that has expired.

b. The _____ notifies the officer the order has been vacated or modified.

If the complainant does not have a certified copy of the order, the investigating officer shall verify the order’s existence by contacting the _____. The officer may also check TCIC for evidence of the existence of a protective order since all protective orders are entered into TCIC. Victims desiring permanent protective orders should be referred to the district or county attorney’s office in the county where the victim resides.

Answer 34

1) termination date

2) clerk of the court

3) Family Violence Unit’s main office or Homicide Division

Question 35

MAGISTRATE’S ORDER OF EMERGENCY PROTECTION (MOEP)

When a person is arrested for an offense involving family violence or stalking, the officer may offer the victim (or the victim’s guardian) the option of obtaining a MOEP. MOEPs provide_____

The purpose of a MOEP is to give a victim immediate, _____. These orders are similar to protective orders in wording and criminal penalty except that they are issued by a _____. All MOEPs, as with protective orders, have an expiration date indicated on the form. Victims with a MOEP should be encouraged to seek a protective order.

Answer 35

1) a temporary means of protection until a permanent protective order can be issued.

2) short-term protection from the suspect

3) judge following the suspect’s arrest

Question 36

MAGISTRATE’S ORDER OF EMERGENCY PROTECTION (MOEP)

Officers may request a MOEP through the District Attorney’s Office when filing criminal charges on a _____ or higher family violence offense (this includes child abuse when the alleged perpetrator is a family or household member) or stalking violation. There is no prerequisite that a _____ ever existed between the victim and the suspect for a MOEP to be issued in stalking offenses.

Magistrate’s Order of Emergency Protection request forms should be available on file at the Family Violence Unit, police station, or the district or county attorney’s office in the county where the victim resides.

Answer 36

1) Class B

2) relationship

Question 37

MAGISTRATE’S ORDER OF EMERGENCY PROTECTION (MOEP)

When a victim requests a MOEP, the officer shall complete the MOEP form and have the victim sign it. The completed form shall be faxed or hand delivered to the district or county attorney’s office in the county where _____

Under unusual circumstances (e.g., the victim is seriously hurt or unconscious) and the victim is unable to request a MOEP, the officer may request the MOEP on the victim’s behalf. The officer should clearly state the reasons why the victim is unable to ask for the MOEP on the Magistrate’s Order of Emergency Protection request form and in the incident report.

A MOEP may also be obtained when the offense is a Class C assault. Such MOEPs must be requested from _____.

Answer 37

1) the victim resides at the same time the criminal charges are submitted.

2) a municipal court judge

Question 38

PROTECTIVE ORDER ENFORCEMENT

A person is in violation of a protective order or MOEP if that person knowingly or intentionally violates any one of the specifically listed conditions of the order. Officers should read the order carefully as it may contain prohibitions that are civil in nature (e.g., orders to pay child support or alimony) and not criminally enforceable. Criminal acts that are specifically prohibited may include, but are not limited to:

a. Possessing a _____in violation of section 46.04(c) of the Texas Penal Code.

b. Acts of _____ on the person protected under the order.

c. Any act in furtherance of stalking (____only).

d. Communications, either directly with or through a third party, to a member of the family or household in a_____ manner. The protective order may also include prohibition of communications of any nature when not conducted through the protected person’s attorney.

e. Going to or near any of the following places (the address and distance the suspect must stay away should be specifically described in the order unless _____):
1. Residences, places of employment, or businesses of any member of the family or household.
2. Childcare facilities, residences, or schools where protected children normally reside or
attend.

Answer 38

a. Possessing a firearm in violation of section 46.04(c) of the Texas Penal Code.

b. Acts of family violence or an assault on the person protected under the order.

c. Any act in furtherance of stalking (MOEP only).

d. Communications, either directly with or through a third party, to a member of the family or household in a threatening or harassing manner. The protective order may also include prohibition of communications of any nature when not conducted through the protected person’s attorney.

e. Going to or near any of the following places (the address and distance the suspect must stay away should be specifically described in the order unless it is listed as confidential):
1. Residences, places of employment, or businesses of any member of the family or household.
2. Childcare facilities, residences, or schools where protected children normally reside or
attend.

Question 39

PROTECTIVE ORDER ENFORCEMENT

Persons violating a protective order or MOEP may be arrested for the violation and any other criminal offenses they have committed. Normally, a violation of a protective order or MOEP is a ______. However, if a person violates a protective order or MOEP by assault or stalking, it is a _____.

No person (including the protected person) may give any other person permission to violate a protective order or MOEP. Only the _____ may change a protective order or MOEP. Reconciliatory actions or agreements made by persons affected by a protective order or MOEP do not affect the validity of the protective order or MOEP and do not diminish the officer’s duty to enforce the protective order or MOEP.

An officer investigating a protective order or MOEP violation shall not arrest persons protected by the order for a violation of that order.

Answer 39

1) Class A misdemeanor

2) third degree felony

3) issuing court