600-6 Family Violence Flashcards
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 protect any potential victim of family violence, enforce the law of this state, … and make lawful arrests of violators
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 committed an offense involving family violence
Accordingly, officers shall enforce criminal laws to the _______ extent in the protection of potential or actual victims of family violence
Maximum
Section 71.004 of the Texas Family Code defines Family Violence as an act by a member of a family or household against another member of the family or household that is intended to result in
physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault
Under Section 71.004 of the Texas Family Code defines Family Violence what act is not included
defensive measures to protect oneself;
Dating violence as defined in the
Texas Family Code section 71.0021; still considered family violence or domestic abuse
Child abuse 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; still considered family violence or domestic abuse
When a warrantless arrest is not made for family violence, officers shall evaluate whether any other criminal offense related to family violence has been committed.
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.
If it is unclear whether an individual is considered a family or household member, the investigating officer shall
contact the Family Violence Unit or the appropriate District Attorney’s Office for clarification.
When family violence occurs or is alleged, officers shall
remain at the scene and conduct an investigation to verify the allegations and to prevent any further commission of family violence. Victims and suspects should be interviewed separately to determine what offense occurred
Notify the Special Victims Division via established department procedures whenever
an officer is on a call involving family violence and the SUSPECT is ON THE SCENE but an ARREST is
NOT MADE because a Harris County Assistant District Attorney (ADA) DECLINED CHARGES. The notification shall include the incident number, ADA’s name, and reason charges were declined.
Officers are to file
the highest family violence charge possible 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
Officers shall make reasonable efforts
to identify the primary aggressor.
Arrests of both parties should be avoided unless
warranted and authorized by an on-duty supervisor.
The willingness of the victim to prosecute is ___ 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
NOT
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 warrantless arrest is NOT made for:
family violence or
an offense related to family violence
AND
There is:
bodily injury or
a threat of imminent bodily injury or
physical contact regarded as offensive or provocative.
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
In felony incidents involving family violence or when a scene is complex, the supervisor may
contact the Special Victims Division for assistance
As mandated by the Texas Code of Criminal Procedure, a complete and thorough incident report shall be completed by the responding officer for _____ family violence situation or allegation of family violence.
EVERY
District supervisors shall
ensure their officers generate incident reports when family violence offenses occur.
Officers shall give adult victims the department issued
Victim’s Referral Card (Blue Card), which contains written notice of their legal rights, possible remedies, and the availability of social services and community resources.
Officers shall document in their incident reports that a copy of the ______ was provided to the victim.
BLUE CARD
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 Family Violence Unit’s office 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 jail booking blotter so victim notification can occur prior to the suspect’s release from jail).
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 Texas Crime Information Center (TCIC).
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 Homicide Division.
State law requires victims be notified prior to the release of a suspect charged with a family violence crime or with stalking. Jail Division or police station desk personnel, in accordance with the Jail Division’s standard operating procedures, shall
make the notification.
The Family Violence Unit is responsible
for:
Follow-up investigation and filing criminal charges on incidents of family violence when the suspect is gone upon the officer’s arrival.
Follow-up on incidents requiring additional investigation of facts not available to the responding officer at the time of the incident
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 enforced as if a Texas state court issued the protective order.
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
verify that the suspect has been served with the temporary or ex parte protective order. 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.
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:
The order contains a termination date that has expired.
The clerk of the court 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 Family Violence Unit’s main office or Homicide Division. The officer may also check TCIC for evidence of the existence of a protective order since all protective orders are entered into TCIC.
MOEPs provide
a temporary means of protection until a permanent protective order can be issued.
Officers may request a MOEP through the District Attorney’s Office when
filing criminal charges on a Class B or higher family violence offense (this includes child abuse when the alleged perpetrator is a family or household member) or stalking violation
TRUE OR FALSE: There is a prerequisite that a relationship ever existed between the victim and the suspect for a MOEP to be issued in stalking offenses.
False, there is NO prerequisite that relationship ever existed.
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.
When a victim requests a MOEP
the officer shall complete the MOEP form and have the victim sign it.
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.
A MOEP may also be obtained when the offense is a Class C assault. Such MOEPs must be requested from a
municipal court judge.
Normally, a violation of a protective order or MOEP is a Class A misdemeanor. However, if a person violates a protective order or MOEP by assault or stalking, it is a
third degree felony.
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.
issuing court
An officer investigating a protective order or MOEP violation shall not arrest
persons protected by the order for a violation of that order.
