Domestic Violence Flashcards
What are the main goals of conducting a civil standby
Keep the peace
Officer safety
Enforce terms of court order
Ic 39-6304
Protection Order
Can be renewed every 90 days up to one year
Petitioner must file affidavits
IC 39-6306
Protection order hearing
Hearing must be within 14 days after X parte granted
Can renew up to one year and respond it cannot possess firearms
When determining violations of a protection order what should you determine
Confirm it’s valid, are there are exceptions, one-sided order, violation is always a misdemeanor
IC 18-920
No contact order issued by a magistrate at an arraignment
Violations of NCO 18-920
Misdemeanor unless two prior convictions in five years
IC 18-4502
Kidnapping first-degree with Ransom
Unlawfully removed or can find another with intent
Ransom or reward, commission of felony, and Flix bodily injury or terrorize
IC 18-4503
Kidnapping second-degree no Ransom
Any other kidnapping is a misdemeanor
IC 18-2901
False imprisonment
Knowingly and unlawfully restrains another and interferes substantially with liberty
IC 18-7034
Unlawful entry
Person enters house apartment tenement shop warehouse, etc. without consent of owner
If being pursued by an officer it becomes a felony
IC 18-5001
Mayhem
Unlawfully and maliciously deprived another of member of body,
disables disfigures or renders useless,
cut out or disable his tongue puts an eye out slits nose ear or lip
IC 18-6810
Interference of a telephone line
Intentionally removes injuries or obstructs telecommunication line
Takes, with holds, take down or removes telecommunication line
18-7001
Malicious injury to property
Maliciously or intentionally destroyed real or personal property
Property not their own or jointly owned without permission
If over $1000 it is a felony
IC 18-6409
Disturbing the peace
Maliciously and willfully disturb the peace and quiet of the neighborhood family or person
IC 18-6710
Harassment
Intentionally annoys threatens intimidates harass or offend
Threatens to inflict physical injury or repeated anonymous calls
Felony 2nd conviction
IC 18-4506
Custodial interference
Intentionally and without waffle authority takes, entices away, keeps or withhold minor child from parent
Has to be after 24 hours
Becomes a felony if out of state
IC18-3504
Animal cruelty
Causes cruel treatment or subjects animal cruelty
IC 19-201
Lawful resistance to the commission of a public affairs may be made by party about to be injured
IC 19-202
Resistant sufficient to prevent defense made by party about to be injured
To prevent offense against person or their family or to prevent an illegal attempt by force to take or injure property
IC 19-202A
No person will be placed in Legal jeopardy for protecting themselves or their family by any means necessary
IC 18-2604
Intimidation of states witness
Intimidation by direct or indirect force that prevents a witness from testifying
Civil hearing is misdemeanor offense
Criminal hearing is a felony offense
What is a predominant aggressor
Tell me a most significant person at a scene
What does victimless prosecution mean
Prosecutor has to prove case without victim
What is a primary aggressor
Person who employs hostel force first
What are the two types of primary aggressors
Pitbull’s or cobras
What are the characteristics of a pitbull
Deep emotional attachment, fear of abandonment, stalkers, most likely to kill
What are the characteristics of a cobra
Extremely violent, sudden outburst of violence, lacks emotional attachment
What is the cycle of violence
Tension building, explosion, honeymoon
IC 18-901
Assault
Attempt or threat of harm directly to the person with apparent ability to carry out
Victim has to state fear
IC 18-903
Battery
Willful and unlawful use of force
Actual intentional and unlawful touching or striking
IC 18-905
Aggravated assault
Assault with a deadly weapon or buy means likely to produce great bodily harm
IC 18-907
Aggravated battery
Battery which causes harm permanent disability or disfigurement
Uses deadly weapon
IC 18-918
Domestic violence
Felony if there is Trumatic injury
What is the definition of a household member as per Idaho code 18- 918
Spouse former spouse or person who has a child in common regardless of whether they have been married
Or Person is cohabitating whether or not they have been married
What is the definition of a Trumatic injury as per Idaho code 18-918
Condition of body such as a wound internal or External whether minor or serious in nature
IC 18-923
Attempted strangulation
Household member or person who they have a dating relationship with intentionally and knowingly
Recklessly causes or attempts impediment of breathing or circulation
No injury necessary or no intent to kill
Felony
What are signs of strangulation
Injuries to face chain or behind the ears
Bruising to neck
What should you look and listen for when suspecting strangulation
Voice change, raspy breathing, loss of voice, clearing throat, Petechiae
What is petechiae
Small blood vessels near skin surface rupture
Come in behind the ears under eyes or in whites of eyes
What is a sub conjunctival hemorrhage
Small blood vessel’s on surface of eye rupture
What is stalking
Course of conduct directed at a specific person that will cause a reasonable person fear
Types of stalkers
Rejected Incompetent Resentful Intimacy seeking Predatory
IC 18-7905
Stalking first degree
Felony
Victim under 16
In violation of NCO
Possessed deadly weapon or instrument
IC 18-7906
Stalking 2nd degree
Knowingly and maliciously engages in course of conduct that alarms, annoys or harasses victim or household member a victim
Misdemeanor
What is course of conduct as per Idaho code 18-7906
Repeated ask of non-consensual contact involving the victim or a family member of the victim
What is domestic violence
Pattern of physical and – or emotionally abusive behavior is used by one individual to a certain power or maintain control over another individual
What are levels of abuse pertaining to domestic violence
Neglect, exploitation, abuse
What are some types of abuse
Verbal, emotional, economic, physical, sexual, psychological
What kind of rights does the victim have
To be treated fairly, involved in the court process, things properly returned, not harassed
True or false do officers have immunity when in good faith and without malice
True
When do officers not have immunity
Failure to protect, failure to train, failure to supervise