Domestic Violence Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Domestic Violence

A

A pattern of coercive behavior, which serves to maintain power and control over family/household members

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2
Q

Cycles of Violence

A

Phase I: Tension Builds – Abuser becomes increasingly agitated; there may be constant arguing or “silent treatment.”
Phase II: Physical Violence Occurs – Can last a few minutes to days; violence stops when victim leaves, police are called, medical attention is needed.
Phase III: Reconciliation “Honeymoon” state – Abuser may be apologetic, beg for forgiveness, promises it will never happen again.

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3
Q

Why Victims Stay

A

Situational
Emotional
Personal Beliefs

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4
Q

The Domestic Violence Hotline

A

through a contract with a not-for-profit organization. They provide victims with immediate information on crisis counseling, safety planning, legal assistance, healthcare, and referrals to the City’s emergency shelter system and to non-residential domestic violence services in the victim’s neighborhood.

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5
Q

Verizon Wireless HopeLine

A

in partnership with Verizon Wireless, has implemented a citywide wireless phone recycling drive that will benefit victims of domestic violence.

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6
Q

Definition of a Family/Household

A
  • legally married t
  • formerly legally married
  • related by marriage; affinity (e.g., in-laws, etc.);
  • related by blood
  • Have a child in common,
  • intimate relationship
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7
Q

NYPD Expanded Definition of a Family/Household

A
  • Are currently living together in a family-type relationship; or
  • Formerly lived together in a family-type relationship.
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8
Q

Family Offenses

A
1. ForcibleTouching
 Class A misdemeanor 
2. Sexual Misconduct
 Class A misdemeanor
3. SexualAbuse 
 3rd degree – B misdemeanor      2nd degree – A misdemeanor
4. Harassment 
 2nd degree - violation
1st degree - misdemeanor
5. Assault
3rd degree - class A misdemeanor
2nd degree - class D felony Attempted assault 3rd degree Attempted assault 2nd degree
6. RecklessEndangerment
 2nd degree - class A misdemeanor
 1st degree - class D felony
7. DisorderlyConduct
 Violation - including acts not committed in a public place
8. Stalking
 4th degree - class B misdemeanor
 3rd degree - class A misdemeanor
 2nd degree - class E felony
 1st degree - class D felony
9. CriminalMischief
 4th degree - class A misdemeanor
 3rd degree - class E felony
 2nd degree - class D felony
 1st degree – class B felony
10. Aggravated Harassment
 2nd degree - class A misdemeanor
11. Menacing
 3rd degree - class B misdemeanor
 2nd degree - class A misdemeanor
12. Criminal Obstruction of Breathing or Blood Circulation
 Class A misdemeanor 
13. Strangulation
2nd degree – class D felony
1st degree – class C felony
14. Identity Theft
 3rd degree – class A misdemeanor
 2nd degree – class E felony
 1st degree – class D felony
15. Grand Larceny
 4th degree – class E felony
 3rd degree – class D felony
16. Coercion
 2nd degree – class A misdemeanor o Sub (1)
o Sub (2) o Sub (3)
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9
Q

Domestic Incident Report

A

The hard copy of the DIR, which should include a statement written in the complainant/victim’s own handwriting,

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10
Q

The Home Visit Program

A

Home visits are follow-up visits usually conducted by the domestic violence prevention officer or another designated member of the service.

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11
Q

Spontaneous Utterances

A

Document what the defendant is saying and how they are acting (e.g., “She asked for it.”).

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12
Q

Evidence Based Prosecution

A

Excited Utterances: A spontaneous statement relating to a startling or stressful event.
Spontaneous Utterances: Any voluntary statements made by persons involved in a domestic incident.
Victim’s Written Statements: Officers should always have the victim of a domestic incident write a written statement on the Domestic Incident Report.
Digital Photographs: Digital photographs should be taken at the scene of any domestic incident where there is physical injury, property damage or the need to document other types of evidence.
Post-Miranda Statements: Post arrest; make every attempt to have the arrestee make a written statement.

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13
Q

Circumstances Where the Officer Must Arrest

A
  • Felony
  • Violation of an Order of Protection
  • Misdemeanor: within the officer’s discretion to effect the arrest if
  • Penal Law Violation in Officer’s Presence: within the officer’s discretion to effect the arrest if
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14
Q

Concurrent Jurisdiction

A
  • The Family Court and the Criminal Courts have jurisdiction to hear domestic violence related matters.
  • When such a family member is arrested on a family offense, although concurrent jurisdiction may exist, the arrested person must be first taken directly to Criminal Court for arraignment.
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15
Q

Situations Where Concurrent Jurisdiction Does Not Exist

A
  • If a defendant is charged with a family offense and an additional criminal charge that is not a family offense (e.g., assault 1st degree, rape, etc.), then the case may only be handled in a Criminal Court.
  • A police officer will not issue a Desk Appearance Ticket (D.A.T.) or station house bail when complainant or victim and offender are members of the same family/household.
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16
Q

Order of Protection

A
  • legal order, signed by a judge, that forbids a person from engaging in certain behavior against the complaining party.
17
Q

complainant

A

Person Protected by the Order

18
Q

defendant

A

Respondent

19
Q

What to Charge when an Order of Protection is Violated

A

whether the violation constitutes an offense or not, crime charged will be either
Criminal Contempt 1st degree – Felony
Aggravated Criminal Contempt – Felony

20
Q

Service of Family Court/Supreme Court Orders of Protection by Uniformed
Members of the Service

A
  • The NYC Sheriff’s Office, during its hours of operation, is the process server for
    any and all civil Orders of Protection to be served
  • when the NYC Sheriff’s Office in not in operation, the Department will serve and/or attempt to serve any and all civil Orders of Protection
21
Q

Service of Exclusionary Orders of Protection

A
  • An Order of Protection that prohibits contact between the person protected by the order and respondent or excludes the respondent from being present at the stated location
22
Q

Orders of Protection Served on Members of the Service

A
  • When a uniformed member of the service is notified that they are the respondent/defendant on an Order of Protection, the member concerned must immediately notify their commanding officer.
  • If the command is not open, the uniformed member of the service will notify Internal Affairs Bureau, Command Center and obtain a log number.
23
Q

Certificate of Warrant

A
  • The Family Court may also issue a warrant directing that the defendant be brought immediately before the court
  • A “Certificate of Warrant” expires ninety-days (90) from the date of issuance
24
Q

Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of the Service

A

When police officers respond to a domestic violence incident involving a uniformed or civilian member of the service, they must request that the patrol supervisor respond to the location.