Chapter 13 Domestic Violence

Question 1

Can Internet relationships constitute a dating relationship for DV even if there is no personal contact?

Answer 1

Yes

Question 2

Regarding a minor can he apply for his own protection order or must he have a pair to it?

Answer 2

Either

Question 3

What is the definition of a standard of abuse for DV 209a?

Answer 3

Attempts or Actually causes physical harm

Places another in fear of imminent serious physical harm

Causes another to engage in voluntarily and sexual relations by force or threat

Question 4

When can you trigger emergency ro

Answer 4

Substantial likelihood of eminent danger of abuse

Question 5

What is the procedure for out of state enforcement of RO?

Answer 5

Mandatory enforcement

Copy of order from any source (can verify by phone would need a copy thereafter)

Statement from the victim, the order is still valid

Question 6

Can any charges be made against a man with a Massachusetts RO that violates it in New Hampshire?

Answer 6

Criminal contempt charge, which is an offense against the court

Also, it is covered federally to violate willfully an RO

Question 7

When can you seize the guns at a call?

Answer 7

Consent

Another inhabitant requested

A judge grants, suspension and surrender order

LTC is revoked or suspended

Question 8

What is the venue for an RO violation?

Answer 8

Issuing court or place where violation occurred

Question 9

May attendant terminate a lease just because they are the victim of domestic violence, and still in danger?

Answer 9

Yes, upon notifying their landlord, and the landlord may require documentary evidence of the abuse

Required change locks if requested but could charge a dee

Question 10

What does a vacate order cover?

Answer 10

Surrender keys immediately
Not damage any household property
Not disrupt utility service or mail delivery
Leave remain away from the house and workplace

Question 11

Can you arrest for a violation of the animal protection provision of a 209 a order?

Answer 11

No
Seek arrest warrant

Question 12

Can you stop a vehicle to serve an RO?

Answer 12

Not for the sole purpose of serving

Question 13

Is there an RO violation if the suspect comes to somebody’s house whether they’re not there?

Answer 13

Yes

Question 14

HPO elements

Answer 14

3X intimidation abuse or property damage
- with the intent to cause fear, abuse or damage and which does result in fear abuse or property damage

Involuntary sexual relations

Specific crimes – indecent/ rape/ stalking

Mandatory arrest violation of HBO

Question 15

Can you get any emergencyHPO?

Answer 15

Yes
Substantial likelihood of eminent danger of a harassment

Plaintiff unable to appear in court because of a severe physical condition and danger of arrestment

Question 16

If you qualify for an HPO and a 209 RO, what is better

Answer 16

Ro bc Allows the defendants to surrender his guns and licenses, and they could also order child support and custody for children