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Level 2 > Domestic Violence > Flashcards

Domestic Violence Flashcards

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1
Q

Goal of abuser

A

Maintain power and control

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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
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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
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4
Q

Courts

A
  • Superior (not for dating relationships)
  • Probate and family
  • District
  • Boston Municipal
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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
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6
Q

Substantive Dating Relationship
FILL IN

A
  • Length of time
  • Type of relationship
  • Frequency of interaction
  • Length of time since ending
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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

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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)
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9
Q

Vacate order extended scope

A
  • Multiple family dwelling
  • Plantiffs workplace
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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
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11
Q

Surrender of Firearms
FILL IN

A
  • LTC
  • FID
  • Firearms
  • Ammunition
  • Rifles
  • Machine guns
  • Shotguns
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12
Q

Firearms pention for review

A
  • 10 court business days
  • 2 court business days if needed for employment
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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
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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
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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
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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)
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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

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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

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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

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20
Q

Violations of Orders

A

-Any kind of contact, direct or indirect, is prohibited
- Any violation of orders have a mandatory arrest

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21
Q

Family-Like Connection/Residing Together

A
  • Voluntary living arrangement
  • Nature of physical living space
  • Length of relationship
  • Nature of relationship
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22
Q

Why Victims Stay

A
  • Children
  • Hope
  • Victim blaming
  • Isolation
  • Threats of harm
  • Guilt
  • Limited finances
  • Learned helplessness
  • Culture
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23
Q

Retrieving Belongings

A

-Specific judicial authorization
- Plantiffs permission
- Police escort

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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

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25
Q

Spousal Testimony

A

Domestic abuse charges are exception and can testify

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26
Q

Witness Intimidation

A

Witness/victim is threatened or intimidated by suspect so they won’t go to court, call 911, or get a restraining order

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27
Q

Violations of Orders Must Prove:

A
  • 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
Q

Mandatory Arrest

A

Violations of temporary or permanent orders

29
Q

Preferred Arrest

A

(No orders)
- Felony
- Assault and battery
- Misdemeanors involving abuse

30
Q

Arrest Considerations

A
  • Victim safety is paramount
  • Victims preference is irrelevant
  • Dual arrest discouraged
31
Q

Civil Liability

A
  • Actions in good faith: not held liable
  • Failure to act: held liable
32
Q

327A

A

Call patrol supervisor for serious incidents

33
Q

Dominant Aggressor

A

Call patrol supervisor to scene to determine

34
Q

Child Abuse

A
  • Immediate verbal report to DCF
  • 48 hours for written report to DCF
35
Q

How Abusers Maintain Power and Control

A
  • Economic abuse
  • Coercion and threats
  • Intimidation
  • Emotional abuse
  • Isolation
  • Minimizing, denying, blaming
  • Using children
  • Male privilege
36
Q

Rule 327: Section 3

A

DV calls will receive a priority one response (2 officers)

37
Q

Rule 327: Section 4

A

Officers shall not threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention

38
Q

Rule 327: Section 5

A

Officers shall take all steps to ensure the safety of everyone on scene

39
Q

DVIP

A

Domestic violence intimate partner relationship

40
Q

Strangulation/Suffocation

A
  • Manual (most common)
  • Ligature
  • Hanging
41
Q

Time Until Unconscious

A

With 11 pounds of pressure on carotid artery you will be unconscious in 10 seconds

42
Q

Injuries from Strangulation

A

Found in autopsy

43
Q

Time after Strangulation

A

Can die up to 36 hours after strangulation

44
Q

Strangulation vs Choking

A

Choking is obstruction in airway vs
Strangle means to intentionally obstruct, seriously or fatally, the normal breathing of a person

45
Q

Animal Protection Statues

A
  • 272 s 77: cruelty to animals
  • 266 s 112: domestic animals
  • 272 s 94: animal fighting
46
Q

Authorized Miscel Codes

A
  • 6-Boy
  • 6-Charlie
  • Never miscel without patrol supervisor’s explicit permission
  • Will never miscel a DV call
47
Q

Dual Arrests

A

-Incident report
- Criminal complaint
- Form 26

48
Q

Harassment Protection Orders

A
  • Criminal harassment
  • Misdemeanor probable cause (preferred response)
49
Q

MGL 258E

A

Victims may obtain HPOs against suspect regardless of their relationship

50
Q

Who Qualifies for HPOs?

A

Victims of:
- criminal harassment
- stalking
- sexual assault
regardless of relationship

51
Q

Components of HPOs

A
  • Refrain from abuse
  • No contact
  • Stay away
  • Compensation for losses suffered
52
Q

HPOs and Firearms

A

HPOs may not order the surrender of firearms

53
Q

HPOs venue

A

The court that has jurisdiction where the plantiff resides

54
Q

HPOs duration

A

10 court business days initially; then up to one year
- can be extended for specific period or permanently

55
Q

Out of State HPOs

A
  • 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
Q

265 13A

A
  • Blood relatives
  • Roommates
57
Q

265 13M

A
  • Child in common
  • Engaged
  • Dating
  • Married
58
Q

Strangulation Red Flag

A

For future homicides

59
Q

When to Use “choking”

A

Only when quoting the victim

60
Q

Questions to Ask for Stangulation

A
  • 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
Q

Petechiae

A

-One or more spots in the eye
- Ruptured eye capillaries from being strangles

62
Q

Recanted Statements

A

Victims are able to recant their statements

63
Q

Violations of Orders by Chance

A
  • Document
  • Report
  • Advise victim/abuser to leave
64
Q

HPO vs Vacate Order

A

HPO can not surrender firearms

65
Q

Protective Element for Orders
FILL IN

A
  • Refrain from Abuse
  • No contact
  • Stay Away
  • Plantiffs address impounded
  • Refrain from abusing/contacting children
  • Surrender/suspension of firearms
    Arrestable; Mandatory response

Level 2 (3 decks)

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