600-6 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

Answer 1

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

Question 2

Additionally, Article 14.03(a)(4) of the Texas Code of Criminal Procedure provides, “Any peace officer may arrest, without warrant…

Answer 2

persons who the peace officer has probable cause to believe have committed an offense involving family violence

Question 3

Accordingly, officers shall enforce criminal laws to the _______ extent in the protection of potential or actual victims of family violence

Answer 3

Maximum

Question 4

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

Answer 4

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

Question 5

Under Section 71.004 of the Texas Family Code defines Family Violence what act is not included

Answer 5

defensive measures to protect oneself;

Question 6

Dating violence as defined in the

Answer 6

Texas Family Code section 71.0021; still considered family violence or domestic abuse

Question 7

Child abuse as defined by law when that abuse

Answer 7

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

Question 8

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:

Answer 8

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.

Question 9

If it is unclear whether an individual is considered a family or household member, the investigating officer shall

Answer 9

contact the Family Violence Unit or the appropriate District Attorney’s Office for clarification.

Question 10

When family violence occurs or is alleged, officers shall

Answer 10

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

Question 11

Notify the Special Victims Division via established department procedures whenever

Answer 11

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.

Question 12

Officers are to file

Answer 12

the highest family violence charge possible when filing criminal charges.

Question 13

The willingness of the victim to prosecute

Answer 13

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

Question 14

Officers shall make reasonable efforts

Answer 14

to identify the primary aggressor.

Question 15

Arrests of both parties should be avoided unless

Answer 15

warranted and authorized by an on-duty supervisor.

Question 16

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

Answer 16

NOT

Question 17

When an officer is on a call involving family violence and the suspect is on the scene, the officer shall

Answer 17

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.

Question 18

The on-duty supervisor who is notified shall

Answer 18

respond and proceed immediately to the scene.

Question 19

Once at the scene, the supervisor shall

Answer 19

review all facts and make a decision on the best course of action consistent with the below procedures

Question 20

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

Answer 20

contact the Special Victims Division for assistance

Question 21

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.

Answer 21

EVERY

Question 22

District supervisors shall

Answer 22

ensure their officers generate incident reports when family violence offenses occur.

Question 23

Officers shall give adult victims the department issued

Answer 23

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.

Question 24

Officers shall document in their incident reports that a copy of the ______ was provided to the victim.

Answer 24

BLUE CARD

Question 25

If the suspect is gone upon the officer’s arrival, the officer shall

Answer 25

make a written incident report, provide a Blue Card, and refer the victim to the Family Violence Unit’s office assigned to that area.

Question 26

When an arrest is made for any family violence or stalking offense (including a Class C misdemeanor), an officer shall

Answer 26

obtain the name and telephone number of the victim or a responsible person designated by the victim.

Question 27

Information regarding the telephone number and the person to be notified shall be included

Answer 27

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).

Question 28

An officer investigating a family violence allegation or responding to a disturbance call that may involve violence is required to determine

Answer 28

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).

Question 29

The law provides persons charged in family violence cases may be held an additional four hours after bond has been posted if

Answer 29

there is probable cause to believe the violence will continue when the suspect is released.

Question 30

When the facts indicate the four-hour hold is necessary, the investigating officer must

Answer 30

document the reasons for the hold in the incident report and secure approval from the Homicide Division.

Question 31

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

Answer 31

make the notification.

Question 32

The Family Violence Unit is responsible

Answer 32

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

Question 33

A protective order from another jurisdiction is presumed to be valid if

Answer 33

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.

Question 34

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

Answer 34

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.

Question 35

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:

Answer 35

The order contains a termination date that has expired.

The clerk of the court notifies the officer the order has been vacated or modified

Question 36

If the complainant does not have a certified copy of the order, the investigating officer shall

Answer 36

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.

Question 37

MOEPs provide

Answer 37

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

Question 38

Officers may request a MOEP through the District Attorney’s Office when

Answer 38

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

Question 39

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.

Answer 39

False, there is NO prerequisite that relationship ever existed.

Question 40

Magistrate’s Order of Emergency Protection request forms should be available on file at

Answer 40

the Family Violence Unit, police station, or the district or county attorney’s office in the county where the victim resides.

Question 41

When a victim requests a MOEP

Answer 41

the officer shall complete the MOEP form and have the victim sign it.

Question 42

Under unusual circumstances (e.g., the victim is seriously hurt or unconscious) and the victim is unable to request a MOEP, the officer..

Answer 42

may request the MOEP on the victim’s behalf.

Question 43

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

Answer 43

municipal court judge.

Question 44

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

Answer 44

third degree felony.

Question 45

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.

Answer 45

issuing court

Question 46

An officer investigating a protective order or MOEP violation shall not arrest

Answer 46

persons protected by the order for a violation of that order.