Domestic Violence Flashcards
1
Q
Goal of abuser
A
Maintain power and control
2
Q
Responsibilities of officers
FILL IN
A
- Remain on scene
- Obtain medical treatment
- Assist victim in getting to a safe place
- Give victim immediate and adequate notice of rights
- Activate emergency judicial system
- Inform victim of abuser’s bail
- Arrest abuser
3
Q
Abuse
FILL IN
A
- Attempting to cause or causing serious physical harm
- Placing another in fear of imminent serious physical harm
- Causing another to engage involuntarily in sexual relations by force, threats, or duress
4
Q
Courts
A
- Superior (not for dating relationships)
- Probate and family
- District
- Boston Municipal
5
Q
Family and Household Members
A
- Are or were married
-Are or were residing together - Are or were related by blood or marriage
- Have a child in common
- Substantive dating relationship
6
Q
Substantive Dating Relationship
FILL IN
A
- Length of time
- Type of relationship
- Frequency of interaction
- Length of time since ending
7
Q
Protection Order from Out of State
A
-Will be treated the same as if in MA
- If no copy, take victims word
- If can not verify/not proved, release forthwith and document
8
Q
Vacate Order
A
- Shall not damage any belongings
- Shall not shut off any utilities or mail deliveries
- Shall not interfere with plantiff living there
(Victim does not need to be on lease)
9
Q
Vacate order extended scope
A
- Multiple family dwelling
- Plantiffs workplace
10
Q
Relief/Order/Extension
A
- Any relief granted is for a fixed period and will not exceed one year
- Must appear in court to extend or enter permanent order
- Initial RO is good for 10 court business days
- Violations are all criminal but not all are arrestable
11
Q
Surrender of Firearms
FILL IN
A
- LTC
- FID
- Firearms
- Ammunition
- Rifles
- Machine guns
- Shotguns
12
Q
Firearms pention for review
A
- 10 court business days
- 2 court business days if needed for employment
13
Q
Emergency Orders
A
- Based on a substantial likelihood of immediate abuse
- When courts are closed justice may be granted by phone to LEO who will record a copy and deliver to clerk magistrate the next business day
- Plantiff must appear in court the next court business day to file said complaint
14
Q
Temporary Orders
A
- Applications must be filed at court of jurisdiction
- Defendant is given 10 court business days to be heard
- Every order shall have time and date to be heard
- No order shall exceed one year
15
Q
Court may order defendant to:
A
- Refrain from abuse
- No contact
- Vacate
- Surrender/suspension of firearms
- Temporary custody of a minor
- Temporary support for victim/children
- Monetary compensation
16
Q
Courts may not:
A
- Allow public viewing of impounded 209A case
- Compel meditation
- Issue mutual order
- Affect title of real property
- Award visitation rights (only probate and family)
17
Q
Proof of notice
A
Proof must exisit that the defendant was served a copy of the order/had actual knowledge of terms of orders
- If had proof of notice the defendant is responsible for any action that constitutes a violation
18
Q
Third Party Violations
A
State must prove the defendant at least intended for the act of the third party to result in a violation of the order
19
Q
Consent of victim violation
A
Consent of the victim does not suspend or modify the order in any way
- needs court ruling, order expiration, or is vacated for the defendant to not be prosecuted
20
Q
Violations of Orders
A
-Any kind of contact, direct or indirect, is prohibited
- Any violation of orders have a mandatory arrest
21
Q
Family-Like Connection/Residing Together
A
- Voluntary living arrangement
- Nature of physical living space
- Length of relationship
- Nature of relationship
22
Q
Why Victims Stay
A
- Children
- Hope
- Victim blaming
- Isolation
- Threats of harm
- Guilt
- Limited finances
- Learned helplessness
- Culture
23
Q
Retrieving Belongings
A
-Specific judicial authorization
- Plantiffs permission
- Police escort
24
Q
Code 7: Escort Duty
A
Defendant can retrieve belongings under the following conditions:
- Must have court order
- Police must accompany defendant and remain the entire time
- Victim must have prior notice by police and agree to the time
- May not use this as a way to harass victim
- Settle any debates of shared property in court
25
Spousal Testimony
Domestic abuse charges are exception and can testify
26
Witness Intimidation
Witness/victim is threatened or intimidated by suspect so they won't go to court, call 911, or get a restraining order
27
Violations of Orders Must Prove:
- An order was issued by the court
- Order was in effect on date of violation
- Defendant knew of order (served in hand or other way)
- Defendant violated order by failing to vacate or refrain from abuse
28
Mandatory Arrest
Violations of temporary or permanent orders
29
Preferred Arrest
(No orders)
- Felony
- Assault and battery
- Misdemeanors involving abuse
30
Arrest Considerations
- Victim safety is paramount
- Victims preference is irrelevant
- Dual arrest discouraged
31
Civil Liability
- Actions in good faith: not held liable
- Failure to act: held liable
32
327A
Call patrol supervisor for serious incidents
33
Dominant Aggressor
Call patrol supervisor to scene to determine
34
Child Abuse
- Immediate verbal report to DCF
- 48 hours for written report to DCF
35
How Abusers Maintain Power and Control
- Economic abuse
- Coercion and threats
- Intimidation
- Emotional abuse
- Isolation
- Minimizing, denying, blaming
- Using children
- Male privilege
36
Rule 327: Section 3
DV calls will receive a priority one response (2 officers)
37
Rule 327: Section 4
Officers shall not threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention
38
Rule 327: Section 5
Officers shall take all steps to ensure the safety of everyone on scene
39
DVIP
Domestic violence intimate partner relationship
40
Strangulation/Suffocation
- Manual (most common)
- Ligature
- Hanging
41
Time Until Unconscious
With 11 pounds of pressure on carotid artery you will be unconscious in 10 seconds
42
Injuries from Strangulation
Found in autopsy
43
Time after Strangulation
Can die up to 36 hours after strangulation
44
Strangulation vs Choking
Choking is obstruction in airway vs
Strangle means to intentionally obstruct, seriously or fatally, the normal breathing of a person
45
Animal Protection Statues
- 272 s 77: cruelty to animals
- 266 s 112: domestic animals
- 272 s 94: animal fighting
46
Authorized Miscel Codes
- 6-Boy
- 6-Charlie
- Never miscel without patrol supervisor's explicit permission
- Will never miscel a DV call
47
Dual Arrests
-Incident report
- Criminal complaint
- Form 26
48
Harassment Protection Orders
- Criminal harassment
- Misdemeanor probable cause (preferred response)
49
MGL 258E
Victims may obtain HPOs against suspect regardless of their relationship
50
Who Qualifies for HPOs?
Victims of:
- criminal harassment
- stalking
- sexual assault
regardless of relationship
51
Components of HPOs
- Refrain from abuse
- No contact
- Stay away
- Compensation for losses suffered
52
HPOs and Firearms
HPOs may not order the surrender of firearms
53
HPOs venue
The court that has jurisdiction where the plantiff resides
54
HPOs duration
10 court business days initially; then up to one year
- can be extended for specific period or permanently
55
Out of State HPOs
- Enforced as if issued in MA as long as the order is in effect
- If told it is in effect, treat as such until told otherwise
- If told otherwise, release forthwith and document
56
265 13A
- Blood relatives
- Roommates
57
265 13M
- Child in common
- Engaged
- Dating
- Married
58
Strangulation Red Flag
For future homicides
59
When to Use "choking"
Only when quoting the victim
60
Questions to Ask for Stangulation
- One or two hands?
- Did they say anything?
- Did you lose control of bladder or bowels?
- What did they strangle you with?
- Did you lose consciousness?
61
Petechiae
-One or more spots in the eye
- Ruptured eye capillaries from being strangles
62
Recanted Statements
Victims are able to recant their statements
63
Violations of Orders by Chance
- Document
- Report
- Advise victim/abuser to leave
64
HPO vs Vacate Order
HPO can not surrender firearms
65
Protective Element for Orders
***FILL IN***
- Refrain from Abuse
- No contact
- Stay Away
- Plantiffs address impounded
- Refrain from abusing/contacting children
- Surrender/suspension of firearms
Arrestable; Mandatory response
