Domestic Violence Flashcards
Goal of abuser
Maintain power and control
Responsibilities of officers
FILL IN
- 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
Abuse
FILL IN
- 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
Courts
- Superior (not for dating relationships)
- Probate and family
- District
- Boston Municipal
Family and Household Members
- 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
Substantive Dating Relationship
FILL IN
- Length of time
- Type of relationship
- Frequency of interaction
- Length of time since ending
Protection Order from Out of State
-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
Vacate Order
- 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)
Vacate order extended scope
- Multiple family dwelling
- Plantiffs workplace
Relief/Order/Extension
- 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
Surrender of Firearms
FILL IN
- LTC
- FID
- Firearms
- Ammunition
- Rifles
- Machine guns
- Shotguns
Firearms pention for review
- 10 court business days
- 2 court business days if needed for employment
Emergency Orders
- 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
Temporary Orders
- 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
Court may order defendant to:
- Refrain from abuse
- No contact
- Vacate
- Surrender/suspension of firearms
- Temporary custody of a minor
- Temporary support for victim/children
- Monetary compensation
Courts may not:
- Allow public viewing of impounded 209A case
- Compel meditation
- Issue mutual order
- Affect title of real property
- Award visitation rights (only probate and family)
Proof of notice
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
Third Party Violations
State must prove the defendant at least intended for the act of the third party to result in a violation of the order
Consent of victim violation
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
Violations of Orders
-Any kind of contact, direct or indirect, is prohibited
- Any violation of orders have a mandatory arrest
Family-Like Connection/Residing Together
- Voluntary living arrangement
- Nature of physical living space
- Length of relationship
- Nature of relationship
Why Victims Stay
- Children
- Hope
- Victim blaming
- Isolation
- Threats of harm
- Guilt
- Limited finances
- Learned helplessness
- Culture
Retrieving Belongings
-Specific judicial authorization
- Plantiffs permission
- Police escort
Code 7: Escort Duty
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
Spousal Testimony
Domestic abuse charges are exception and can testify
Witness Intimidation
Witness/victim is threatened or intimidated by suspect so they won’t go to court, call 911, or get a restraining order
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
Mandatory Arrest
Violations of temporary or permanent orders
Preferred Arrest
(No orders)
- Felony
- Assault and battery
- Misdemeanors involving abuse
Arrest Considerations
- Victim safety is paramount
- Victims preference is irrelevant
- Dual arrest discouraged
Civil Liability
- Actions in good faith: not held liable
- Failure to act: held liable
327A
Call patrol supervisor for serious incidents
Dominant Aggressor
Call patrol supervisor to scene to determine
Child Abuse
- Immediate verbal report to DCF
- 48 hours for written report to DCF
How Abusers Maintain Power and Control
- Economic abuse
- Coercion and threats
- Intimidation
- Emotional abuse
- Isolation
- Minimizing, denying, blaming
- Using children
- Male privilege
Rule 327: Section 3
DV calls will receive a priority one response (2 officers)
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
Rule 327: Section 5
Officers shall take all steps to ensure the safety of everyone on scene
DVIP
Domestic violence intimate partner relationship
Strangulation/Suffocation
- Manual (most common)
- Ligature
- Hanging
Time Until Unconscious
With 11 pounds of pressure on carotid artery you will be unconscious in 10 seconds
Injuries from Strangulation
Found in autopsy
Time after Strangulation
Can die up to 36 hours after strangulation
Strangulation vs Choking
Choking is obstruction in airway vs
Strangle means to intentionally obstruct, seriously or fatally, the normal breathing of a person
Animal Protection Statues
- 272 s 77: cruelty to animals
- 266 s 112: domestic animals
- 272 s 94: animal fighting
Authorized Miscel Codes
- 6-Boy
- 6-Charlie
- Never miscel without patrol supervisor’s explicit permission
- Will never miscel a DV call
Dual Arrests
-Incident report
- Criminal complaint
- Form 26
Harassment Protection Orders
- Criminal harassment
- Misdemeanor probable cause (preferred response)
MGL 258E
Victims may obtain HPOs against suspect regardless of their relationship
Who Qualifies for HPOs?
Victims of:
- criminal harassment
- stalking
- sexual assault
regardless of relationship
Components of HPOs
- Refrain from abuse
- No contact
- Stay away
- Compensation for losses suffered
HPOs and Firearms
HPOs may not order the surrender of firearms
HPOs venue
The court that has jurisdiction where the plantiff resides
HPOs duration
10 court business days initially; then up to one year
- can be extended for specific period or permanently
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
265 13A
- Blood relatives
- Roommates
265 13M
- Child in common
- Engaged
- Dating
- Married
Strangulation Red Flag
For future homicides
When to Use “choking”
Only when quoting the victim
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?
Petechiae
-One or more spots in the eye
- Ruptured eye capillaries from being strangles
Recanted Statements
Victims are able to recant their statements
Violations of Orders by Chance
- Document
- Report
- Advise victim/abuser to leave
HPO vs Vacate Order
HPO can not surrender firearms
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
