Chapter 23- Victim/Witness Assistance & DV

Question 1

The ___ is responsible for administering the Department’s role in victim/witness assistance.

Answer 1

Criminal Investigations Division Chief

Question 2

All departmental elements having any contact with victims, next of kin of victims, and/or other designated contacts of victims shall maintain adequate quantities of the Information for Victims of Crime __ for distribution to victims/witnesses as required by FSS 960.001. Each victim, next of kin, or other designated contact shall receive a copy of the ___.

Answer 2

brochure

Question 3

____ is a person in a domestic violence situation who is the predominant attacker when two or more persons make complaints of domestic violence.

Answer 3

Primary Aggressor

Question 4

pursuant to F.S. Section 741.29(4)(b), arrest is the preferred response only with respect to the ___ and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend oneself or another family or household member from domestic violence. Dual arrests (both parties) are discouraged.

Answer 4

primary aggressor

Question 5

____ has department wide responsibility for all domestic violence cases and all domestic violence related criminal offenses as defined in F.S. Section 741.28, occurring in the unincorporated areas of Miami-Dade County and in the incorporated areas of Miami-Dade County where MDPD provides contractual specialized police services, that require follow-up investigations, with the exception of robbery, sexual battery, arson, and homicide.

Answer 5

DCU (Domestic Crimes Unit)

Question 6

___ have responsibility for all repeat violence injunction violation cases and all repeat violence related criminal offenses as defined in F.S. Section 784.046, occurring in the unincorporated areas of Miami-Dade County, and in the incorporated areas of Miami-Dade County where MDPD provides contractual specialized police services, that require follow-up investigations, with the exception of robbery, sexual battery, arson, and homicide.

Answer 6

(GIU)

Question 7

All domestic-related incidents involving a MDPD employee or a law enforcement officer from another agency, with the exception of robbery, sexual battery, arson, and homicide, will be investigated by ___ if the incident occurs in the unincorporated areas of Miami-Dade County or in the incorporated areas of Miami-Dade County where MDPD provides contractual specialized police services.

Answer 7

DCU
*The Professional Compliance Bureau (PCB) will monitor cases involving MDPD employees for administrative purposes.

Question 8

All repeat violence related incidents involving a MDPD employee or a law enforcement officer from another agency, with the exception of robbery, sexual battery, arson, and homicide, will be handled by uniform personnel and investigated by the respective __ if the incident occurs in the unincorporated areas of Miami-Dade County or in the incorporated areas of Miami-Dade County where MDPD provides contractual specialized police services

Answer 8

GIU

Question 9

True or False?
A foreign protection order is presumed to be valid even if the victim does not possess a certified copy of the order, provided that a conflicting certified copy is not presented by the respondent.

Answer 9

True
*If there is a doubt regarding a provision of the injunction, contact the Civil Process Section or the Warrants Bureau

Question 10

True or False?
With respect to domestic violence injunctions and foreign protection orders that are domestic violence related, the decision to arrest shall not require consent of the petitioner/victim. Assuming there is probable cause, such an arrest should be made even if the petitioner/victim objects.

Answer 10

True
*a law enforcement officer who acts in good faith and exercises due care in making an arrest for a willful violation of a domestic violence injunction, repeat violence injunction, or foreign protection order, is immune from civil liability that otherwise might result by reason of his or her action.

Question 11

True or False?
An officer shall not require that a protected person sign a registration affidavit as a condition of enforcement. Enforcement and arrest for violation(s) of foreign protection orders shall be consistent with the enforcement of orders issued in Florida.

Answer 11

True

Question 12

If a victim does not have the financial ability to pay the filing and service fees, the fees will be waived to facilitate processing of the injunction without delay. Once the petition is filed, a hearing date will be scheduled within __ days.

Answer 12

15

Question 13

___ refers to a certain type of injunction
available to victims of violence who do not fit criteria for obtaining a domestic violence injunction, such as victims of violence in boyfriend-girlfriend situations where past/present residence or common child criteria do not exist. Any person who is the victim of repeat violence can obtain this injunction.

Answer 13

Repeat violence injunction

Question 14

____ injunction (also sometimes known as an ex parte injunction is issued by a judge upon review of the petition and allegations contained therein without hearing both sides of the controversy. A temporary injunction is granted by the court to a petitioner who appears to be in immediate and present danger of either domestic violence or repeat violence. A temporary injunction is effective for a fixed period not to exceed __ days from the date the judge signs it. A temporary injunction may be extended by judicial order.

Answer 14

1.Temporary Injunction for Protection against Domestic Violence or Repeat Violence

2. 15

Question 15

___This type of injunction is issued by a Florida judge and will remain in effect until it is modified or dissolved by the court according to Florida Statutes. However, some judges may include an expiration date in the ___of Injunction for Protection. If so, the expiration date should be honored.

Answer 15

Final Judgment of Injunction for Protection against Domestic Violence or Repeat Violence:

Question 16

True or False?
If the petitioner does not have an emergency service package, but does possess a certified copy of an unexpired injunction, the officer will not accept and not serve that copy of the injunction.

Answer 16

FALSE!
The officer shall accept the injunction and serve it.
*Any MDPD officer requested to assist a petitioner in service of an injunction should first verify that the respondent has not already been served.

Question 17

True or False?
In situations where a petitioner has no copy of the injunction, but claims an injunction has been issued by a judge, no service can be made.

Answer 17

True

Question 18

After serving the injunction, the return of service copy, entitled Service Package (Cover Sheet) Sheriff of Dade County / Civil Process Bureau, must be completed, faxed to the Civil Process Section at (305) 375-5517, as soon as practicable but before when?

Answer 18

the end of the officer’s shift.

Question 19

True or False?
When officers are serving a valid “Break Order”, A VERBAL break order by the judge will be accepted and executed by the officer serving the injunction.

Answer 19

True

Question 20

A supervisor of the rank of ___ or higher must be on the scene prior to enforcing a break order. Any arrest of the non-custodial parent for interference with custody, obstruction of justice, or any other charge(s), will be at the discretion of the officer serving the injunction.

Answer 20

Lieutenant

Question 21

Any employee who becomes a subject, a suspected offender, or a victim in a domestic violence or repeat violence criminal investigation regardless of the investigating law enforcement agency, becomes the subject or respondent of any type or kind of domestic violence injunction, repeat violence injunction, or foreign protection order, or becomes the subject or defendant of any civil action in relation to domestic violence or repeat violence regardless of the court jurisdiction, must immediately notify the Department by when?

Answer 21

The employee’s notification will be accomplished via a verbal report to the employee’s immediate supervisor prior to the beginning of the employee’s next duty shift subsequent to the occurrence or situation.

Question 22

Upon arrival at the scene of a domestic violence or repeat violence related disturbance or crime, if the responding officer determines that the disturbance or crime involves, or possibly involves, a departmental employee or a law enforcement officer from another agency, the responding officer will request a supervisor respond to the scene. The responding officer’s immediate supervisor, or platoon commander if the immediate supervisor is not available, will respond to the scene. The on-scene ___ will assume command of the scene.

Answer 22

supervisor

*When a departmental employee is involved, or possibly involved, as the subject or suspected offender, the on-scene supervisor will also notify PCB. PCB will monitor the investigation for administrative purposes.

Question 23

Standards of Practice for victims of Sexual Assault:
Alternate Response Unit (ARU): ARU can handle indecent exposures when:
a. The subject left the scene and at least __hour has elapsed since occurrence.
b. The victim is __ years of age or older

Answer 23

one & 14

Question 24

SEXUAL ASSAULT: Time Consideration for Cases: ____ ARE (sexual assault cases that occur and are reported within the evidence collection timeframes recommended by the National Best Practices for Sexual Assault Kits, where the maximum time frame is ___ hours): The SVB detective will immediately respond to the victim’s location.

Answer 24

Acute Case & 120

Question 25

___ ARE (sexual assault cases that occur and are reported after 120 hours): The SVB detective will discuss the case with the reporting officer to determine if an immediate response is necessary.

Answer 25

Delayed Case

Question 26

Sexual Assault/ Investigative Response:
Child examinations are conducted at the RTC or Child Protection Team (CPT) for cases occurring within ___ hours.

Answer 26

120

Question 27

Repeat Violence: Two incidents of violence (assault, battery, or sexual battery) or stalking committed by the same person, which are directed against the victim or a member of the victim’s immediate family, the victim of violence does not fit the criteria for obtaining a domestic violence injunction, and one incident must have been committed within ____ months of the filing of the petition for a repeat violence injunction.

Answer 27

SIX

Question 28

An officer will verify the validity of a foreign protection order by contacting the _____ at telephone number (305) 375-5100, during normal business hours, or the Warrants Bureau at telephone number (305) 471-1700, after normal business hours. If the foreign protection order has not been registered in Florida, the validity of the order should be checked with the court of the issuing jurisdiction and the National Crime Information Center (NCIC). Although the order was valid when issued, it may have been subsequently quashed by the court.

Answer 28

Civil Process Section

Question 29

Serving Injunctions:
The injunction cannot be served on a relative or left at the
respondent’s home or business. A respondent who is a minor, and is or has been married, will be served as if he or she is an adult. If the respondent is a minor who has never been married, the minor and the parent or legal guardian must be served personally.

Answer 29

info

Question 30

Reports:
A copy of the initial report, as well as any subsequent, supplemental, or related report, excluding victim/witness statements or other materials deemed to be a part of an active criminal investigation,
shall be sent, without charge, to Safespace Shelter of Miami-Dade County, 7831 NE Miami Court, Miami, Florida 33138, within ___ hours after completion of the report. This transmittal will be accomplished by the responsible district CAU, or utilizing another internally designated procedure for an investigative element without a CAU. Safespace will be responsible for sorting and forwarding the reports to a locally certified domestic violence center closest to the victim.

Answer 30

24