603 Protective Orders/Conditions of Bond Flashcards
.01 INTRODUCTION
B. The Texas Penal Code, Section 25.07, Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case, authorizes the arrest of an individual in violation of a Protective Order, Magistrate’s Order for
Emergency Protection, a ______ Protective Order, Condition of Bond in a Family Violence Case or Violation of a Protection Order issued out of another jurisdiction.
A. Lifetime
B. Annual
C. Temporary
D. Conditional
C
.03 TYPES OF COURT ORDERS PROHIBITING FAMILY VIOLENCE OR STALKING
A. _________: Entered by a court when the court finds from the information contained in an application for protective order there is a clear and present danger of family violence. This order will only be enforceable when it has been served on the respondent. Verification of service is confirmed through the Communications Unit, information channel.
A. Magistrate’s order
B. Emergency order
C. Mandatory order
D. Temporary Protective Order
D
.04 DURATION OF PROTECTIVE ORDERS A. Temporary Orders 1. A temporary order is valid for the period specified in the order, but does not exceed \_\_\_\_ days. 2. On the request of an applicant or on the court’s own motion, a temporary order may be extended for additional \_\_\_\_ day periods. A. 20/20 B. 21/30 C. 30/30 D. 30/60
A
.04 DURATION OF PROTECTIVE ORDERS
B. Magistrate’s Orders For Emergency Protection
1. A magistrate’s order for emergency protection is valid on issuance and remains in effect until the ____ day but not less than ___ days after the date of issuance.
A. 31st/20
B. 61st/31
C. 61st/30
D. 91st/31
B
.04 DURATION OF PROTECTIVE ORDERS C. Protective Orders 1. A protective order is valid for \_\_\_\_\_ years from the date the original order was granted by the court. A. Two B. Three C. Four D. Two or more
A
.06 ARRESTS FOR VIOLATIONS OF PROTECTIVE ORDERS, CONDITIONS OF BOND, OR MAGISTRATE’S ORDERS
B. Protective orders and magistrate’s orders for emergency protection, and temporary protective orders may contain
numerous prohibitive terms. Generally, a person commits a Class A misdemeanor if, in violation of a protective
order or magistrate’s order for emergency protection or temporary protective order, he knowingly or intentionally:
1. Commits family violence;
2. _________:
a. Directly with the protected individual or a member of the family or household in a threatening or harassing
manner;
3. Goes to or near any of the following places as specifically described in the protective order:
4. Possesses a firearm.
5. Harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order.
A. Threatens
B. Insults
C. Communicates
D. Harasses
C
.06 ARRESTS FOR VIOLATIONS OF PROTECTIVE ORDERS, CONDITIONS OF BOND, OR MAGISTRATE’S ORDERS
C. If an officer, establishes probable cause to believe a person has committed an offense prohibited by Chapter 25.07 of
the Texas Penal Code, Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case, and the
offense included the use or possession of a weapon, an assault, threats of bodily injury or the offender has a history
of family violence, the following shall occur:
2. If the offender has fled the scene the officer will exhaust all reasonable efforts to locate the offender and make a
warrantless arrest. In no event should a reasonable amount of time exceed _____.
A. Four hours
B. Thirty minutes
C. One hour
D. Two hours
D
.06 ARRESTS FOR VIOLATIONS OF PROTECTIVE ORDERS, CONDITIONS OF BOND, OR MAGISTRATE’S ORDERS
H. Reconciliatory actions or agreements made by the persons affected by the order, do not affect the validity of the
order or the duty of a peace officer to enforce a violation of Chapter 25.07 of the Texas Penal Code. A protected person _____ be arrested for a violation of the order in which they are protected.
A. Shall
B. May not
C. May
D. Should
B
.06 ARRESTS FOR VIOLATIONS OF PROTECTIVE ORDERS, CONDITIONS OF BOND, OR MAGISTRATE’S ORDERS
I. It is a Third Degree Felony if;
1. The offender has previously been convicted under Chapter 25.07 ____ or more times or;
2. Has violated the order or conditions bond by committing an assault or the offense of stalking.
A. one
B. two
C. three
D. four
B
.07 PROCEDURE FOR VIOLATIONS OF TEMPORARY PROTECTIVE ORDERS
B. Officers, as directed by the temporary protective order, may be required to do the following:
1. To accompany the person obtaining the order to the residence covered by the order while the person takes
possession of the residence;
2. If the person excluded from the residence occupies the residence, to inform the person the court has ordered the person excluded from the residence;
3. ______ the person obtaining the order while they take possession of the residence; and
4. If the person excluded from the residence refuses to vacate the residence, stand by while the person who has obtained the order takes possession of their necessary personal property.
A. Witness
B. Photograph
C. Protect
D. Stand by
C
.08 REPORT RESPONSIBILITIES
A. An offense report is prepared whether or not an arrest is made for a violation of a protective order, magistrate’s order for emergency protection, temporary protective order, or condition of bond in a family violence case. The offense is carried as a violation of P.C. 25.07, Violation of Certain Court Orders or Conditions of Bond in a Family Violence
case.
1. The ____ which issued the protective order is listed as the complainant;
court
.08 REPORT RESPONSIBILITIES B. When an arrest is made for an act of family violence, the officer shall obtain necessary information to obtain a magistrate's order for emergency protection in the event the \_\_\_\_\_\_, the officer, an attorney, or a magistrate requests a magistrate's order for emergency protection while the arrested person is being magistrated. A. Witness B. Victim C. Guardian D. Complainant
D
.08 REPORT RESPONSIBILITIES
C. Information necessary for the officer to obtain to apply for a magistrate’s order for emergency protection includes
the following:
1. Names of individuals, including children, covered by the court’s order (dates of birth are also necessary);
2. Addresses and telephone numbers of residence and place of employment;
3. Addresses and telephone numbers of child care facilities or schools attended by children; and
4. The distance, in ____, necessary for the respondent to maintain for the protection of the victim.
A. miles
B. feet
C. yards
D. kilometers
C
.09 OFFICER/UEDI RESPONSIBILITIES A. Patrol Division Officers/UEDIs 4. If a firearm is found to be at the location and the suspect is out on bond for a family violence offense, determine if this is a violation of a court order or a condition of bond. The verification of the order can be done by contacting \_\_\_\_\_\_, Special Victims Unit, or the Information Channel. A. CRT B. Homicide Unit C. Follow up unit D. Magistrate's office
A
.09 OFFICER/UEDI RESPONSIBILITIES
A. Patrol Division Officers/UEDIs
12. Provide the victim of family violence with SAPD Form #2089-DV, Domestic Violence Supplemental Form and
the SAPD Form_____ Danger Assessment Checklist for the victim to complete
2089-DA
