Domestic Violence

Question 1

Domestic Violence

Answer 1

A pattern of physical sezual and/or emotionally

Question 2

Household Member

Answer 2

-Spouse
-Former Spouse
-Child Together
-Residing together w intimate relationship

Question 3

Felony v Misd for Domestic Violence

Answer 3

-Traumatic injury
-2 prior convictions in 15 years
-Prior felony in 15 yrs
-Max penalties double if committed IPOC under 16 yoa

Question 4

An NCO (No Contact Order) is a misdemeanor unless…

Answer 4

2 prior convictions in 5 years

Question 5

18-920 No Contact Order

Answer 5

-Issued by magistrate
-At arraignment
-One-side order
-May have exceptions

Question 6

18-923 Attempted Strangulation

Answer 6

-Household member
-Intentionally and knowingly; or recklessly
-Causes or attempts impediment
-Breathing or circulation
-No injury necessary

Question 7

18-7906 Stalking

Answer 7

-Knowingly & Maliciously
-Engages in course of conduct
-Alarms, annoys, or harasses
-Victim or household member of the victim

Question 8

18-7905 1st Degree Stalking (Felony)

Answer 8

-In violation of PO or NCO
-Victims under 16 yoa
-Weapon used
-In violation of Probation or parole
-Previously convicted of stalking in 7 years
-Previous conviction involving same victim in 7 years

Question 9

39-6304: Protection Order

Answer 9

-Petitioner files the affidavit
-Hearing next business day
-Can be renewed every 90 days/up to one year
-Must be served on respondent —
-Domestic PO
-Harassment PO

Question 10

39-6306: Protection Order Hearing

Answer 10

-Hearing 14 days after ex-parte granted
-Renewal up to a year
-Respondent cannot possess firearms

Question 11

Determining A Violation Of A Protection Order

Answer 11

-Confirm it is valid
-Check exceptions
-One-sided order
-Always a misdemeanor
-Full faith & credit

Question 12

18-2604: Intimidation State’s Witness
(Intimidating a witness)

Answer 12

-Direct or indirect force
-Intimidates, Influences, impedes, deters, threatens, harasses, obstructs, or prevents a witness from testifying
-Civil hearing = Misdemeanor
-Criminal hearing = Felony

Question 13

18-4502: Kidnapping

Answer 13

Unlawfully removes or confines another w/intent:

-Ransom or reward
-Commission of a felony
-Inflict bodily injury or terrorize

Removal or confinement is unlawful if:
-Force, threat or deception
-W/out consent of parent or guardian and under 14

Question 14

18-5403 Kidnapping

Answer 14

Every other kidnapping is a MISDEMEANOR