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CRIM 2024 > Chapter 13- Domestic Violence > Flashcards

Chapter 13- Domestic Violence Flashcards

1
Q

Officers may enter onto private property for the follow

A

Serve protective order

Quell ongoing disturbance

At the request of someone with lawful control

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2
Q

Do you have exigency for a domestic when victim comes to the station and says she was beat by boyfriend who is still at the house

A

No

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3
Q

Situations that qualify as excited utterance for domestic

A
  • 911 call
  • learning location and potential danger from a suspect
  • statements in response to medical condition
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4
Q

Who is considered family or household members

A

Married
Living
Related by blood or marriage
Parents if common child (and grandparents)

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5
Q

Grandparents of kids born out of wedlock are considered

A

Related by blodn

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6
Q

Substantive dating relationship factors

A

Length
Interaction
Type
Time elapsed

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7
Q

Introducing someone as your girlfriend, living with them for a week, and having joint finances

A

Yes

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8
Q

Are ex step children included for related by blood or marriage

A

Yes

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9
Q

Living together factors (new 2024)

A
  • choose to live together
  • configuration of space
  • length
  • type of relationship
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10
Q

A college roommates who are assigned rooms covered under 209A

A

No

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11
Q

Four factors for living together based on case law

A

Choose to live together

How much space is shared

How long has relationship lasted

What type of relationship

No factor is more important than another

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12
Q

Three definitions of abuse

A

Attempt or actually cause physical harm

Place in fear of imminent serious harm

Forced sexual relations

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13
Q

Is being rude about a divorce or being nervous and irritated enough for order

A

No

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14
Q

Should you use children or other family members to translate on scene

A

No unless emergency

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15
Q

What is the standard for an ERO

A

Substantial likelihood of immediate danger of abuse

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16
Q

What can provide PC for arrest for domestics without anything else

A

Uncorroborated statements

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17
Q

When another department states they have Pc to arrest for domestic what should the other department do

A

Shall arrest based on their PC

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18
Q

Two mandatory arrests under 209A

A

Violation of order and warrant

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19
Q

Arrest is the preferred response for these three situations

A

Felony
Assault or AB on household member
Any other misdemeanor directed at household member involving abuse

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20
Q

Can you arrest for domestic threats, what other crime could you consider

A

No and assault

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21
Q

What is one of the most important lessons regarding the dominant aggressor

A

It is not always the person who uses force first

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22
Q

What should occur when a law enforcement officer is accused of domestic

A

OIC notified

Apply all laws equally

Supervisor one rank above responds

Notify chief immediately orally and write a report within 24 hours

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23
Q

What is the requirement to notify a chief if law enforcement member is involved in domestic

A

Orally immediately and written report within 24 hours

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24
Q

What do you do for a violation of an out of state restraining order

A

Same as in state

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25
Q

How do you prove an order is still active

A
  • by any source- over the phone etc
  • victim must also state order is active
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26
Q

Violation of a MA order out of state

A

Criminal contempt or use federal crime

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27
Q

How long must someone be held with no bail if they’re over 18 after a domestic

A

6 hours

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28
Q

If you respond to a domestic and arrest someone can you take their guns

A

Yes to alleviate threat of violence

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29
Q

If you can not remove the guns with consent what should you do

A

Removal order by judge or suspend LTC by chief

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30
Q

Which trumps the other, probate or 209A

A

Probate wins

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31
Q

Arrestable offenses under 209A

A

No abuse

No contact- stay away

Vacate

Firearms

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32
Q

When does the defendant get a hearing after 209A order

A

Within 10 days

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33
Q

Housing laws when someone is involved in a domestic

A

Victim can
- terminate lease
- have locks changed (pay fee)
- be exempt from eviction in public housing
- can remove suspect off lease in Public housing (may need to provide proof)
- housing should be prepared to move victim entirely

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34
Q

Officers are not liable in domestic situations when they act

A

Reasonably and in good faith

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35
Q

Where is the venue for a victim to obtain a 209A order (TQ)

A

Where the plaintiff lived at the time of abuse or where they live because they fled the abuse

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36
Q

How long can a permanent 209A last

A

One year

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37
Q

What can be used as evidence in court if the victim recants their statements

A

Affidavit

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38
Q

What order trumps all other orders

A

Probate

39
Q

What is a 208 order

A

Divorce - arrestable if it says it is

40
Q

209 order

A

Child support - arrest if it says you can

41
Q

209C order

A

Paternity order - arrest if says you can

42
Q

What three things are included in a vacate order

A

Surrender keys

No damage to house

Do not disrupt utilities or mail

43
Q

Two ways to know a suspect has been served

A

Actual knowledge or confirmed served

44
Q

Unit of prosecution for order violations

A

Per person

45
Q

Can you arrest for an animal protection order

A

No

46
Q

What do you do if someone violates one of the non arrestable stipulations

A

Contempt of court

47
Q

If an offender refuses to take order what can you do

A

Leave it at their house

48
Q

If someone fails to translate the order and violates it is this an excuse

A

No

49
Q

Can you stop a car for the sole reason of serving an order

A

No

50
Q

Who can allow a modification to an order

A

Only the court, consent from a victim means nothing

51
Q

For a defendant to modify an order what level of certainty does their need to be

A

Clear and convincing

52
Q

For a plaintiff to modify an order what level of certainty

A

Preponderance of evidence

53
Q

Ways to violate a stay away order

A
  • come within a distance
  • cross property line
  • engage in behavior that intrudes the property (looking in window)
  • come near enough to property line that would be able to contact or abuse if enter or leaving
54
Q

Person has a stay away order and they go to Gf work and yell at the building, person is out sick that day is this a violation

A

Yes

55
Q

No contact - what must you prove

A

The defendant did the communication

56
Q

Is liking another persons post on FB toward the plaintiff a violation

A

Yes

57
Q

Sending a Valentine’s Day card to plaintiffs mother

A

Violation

58
Q

Order allows defendants to call kids and mother answers is this violation

A

No

59
Q

Order allowing to call house phone when only allowed to call cell phone

A

Violation

60
Q

Non payment of a utility bill

A

Violation

61
Q

HPO arrest

A

Mandatory arrest on PC - misdemeanor

62
Q

Harrasment is

A

Three acts of

Intimidation, abuse, property damage,

Involuntary sexual relations

Or specific sex crimes

63
Q

Specific sex crimes under HPO

A

IAB under 14 and over, IAB intellectual, rape, rape of child, stat rape, assault intent to rape, enticement, stalking, criminal harassment, drugging to engage in intercourse

64
Q

HPO orders the following

A

No abuse or harrassment

No contact stay away

Pay compensation for loses due to harassment

65
Q

What is one provision HPO does not include

A

Surrender firearms- this should be done by licensing authority revoking LTC

66
Q

Out of state HPO violation

A

Same as in state

67
Q

How long does an initial HPO last

A

One year

68
Q

Emergency HPO based on

A

Substantial liklihood of immediate danger, severe physical condition, danger of harassment

69
Q

Three events have to have occured within what time frame

A

No time frame, also don’t have to have been previously reported

70
Q

Is breaking into a barn considered an act of harrassment

A

No it’s not directed at one person

71
Q

Little league coach who was yelled at by a parent count as harrasment for HPO

A

No

72
Q

If someone is speaking only then what do the words need to be

A

Fighting words or true threat

73
Q

Writing an posting a song about someone was how many acts

A

One

74
Q

Defendant must intend to cause

A

Fear, abuse, destroy property

75
Q

Visiting plaintiffs neighborhood and posting bad flyers about them

A

Good- true threat

76
Q

Flying drone over property

A

No good

77
Q

Photographing child multiple times in a creepy way

A

Good

78
Q

Affair where husband sends photo of positive pregnancy test and picture of genitals

A

No good

79
Q

Nursing home conflict with staff, agitated emails, shows up and is escorted away, picketing out front, hanging up flyers in neighborhood

A

Yes

80
Q

Mandated reporting for child under 18

A

DCF - neglect or abuse by someone with permanent or temporary custody

81
Q

Disabled person reasons and agency

A

18-59- DPPC

Abuse or neglect by caretaker

82
Q

Elder reporting agency and reasons

A

60 and over - elder services

Abuse

Neglect

Self neglect

Financial exploitation

83
Q

Nursing home or patient care reasons and agency

A

DPH
- abuse or mistreatment by caretaker (over medicating)
- neglect
- sexual
- emotional
- financial abuse

84
Q

Failing to report as mandated reporter ROA

A

Complaint

85
Q

Reporting requirement timelines for all

A

Orally immediately, written within 48 hours

86
Q

Standard of belief to file a report

A

Reasonable cause to believe

87
Q

Physical abuse - does a baby born drug addicted count

A

Yes

88
Q

Sexual- having highly sexual conversations with young daughter with no educational purpose

A

Yes

89
Q

Two types of neglect

A

Passive - not doing something

Active- purposely deprive of care

90
Q

What is the fastest growing form of victimization

A

Financial

91
Q

Emergency response times for DCF

A

Start within 2 hours of oral report, investigate within 24 hours

92
Q

Non emergency response

A

DCF- within 2 days, end within 15

DPPC- 2 days, 10 days

Elder - 2 days, 30 days

93
Q

When does dcf and elder services have to notify police of decision

A

DCF- 30 days

Elder - 45 days

94
Q

Frivolously report of child abuse or neglect ROA

A

Complaint

CRIM 2024 (17 decks)

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