DOMESTIC VIOLENCE/COHABITANT ABUSE PROCEDURES

Question 1

DEFINITIONS INV.2 0 6 0 . 1 0 1

The cadet will define the following terms:

Answer 1

1

Question 2

♦ Cohabitants

Answer 2

• An emancipated minor (under 18 and married) or a person 16 years of age
or older who:
 Is or was married to the other person (includes common-law
marriages)
 Is related by blood or marriage to the other person
 Resides with or has resided with the other person
 Has a child in common with the other person
 Is the biological parent of the other person’s unborn child
 Does not include the relationship of parent to minor child or
relationship of minor siblings to each other

Question 3

♦ Victim

Answer 3

• A cohabitant who has been subjected to domestic violence

Question 4

♦ Abuse

Answer 4

• Intentionally or knowingly causing or attempting to cause a cohabitant
physical harm or intentionally or knowingly placing a cohabitant in
reasonable fear of imminent physical harm

Question 5

♦ Domestic violence

Answer 5

• Any criminal offense involving violence or physical harm or threat of violence or physical harm when committed by one cohabitant against another or any attempt, conspiracy or solicitation to commit such an offense when committed by one cohabitant against another and violation of a protective order (see UCA 77-36-1 for list of specifically designated domestic violence offenses)

Question 6

FAMILY VIOLENCE INV . 2 0 6 0 . 1 0 2

The cadet will identify the nature, extent and impact of family violence.

Answer 6

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Question 7

♦ The 3 stages of the domestic violence cycle are:

Answer 7

• Tension building
• Violent outburst
• Honeymoon

Question 8

♦ The patterned frequency of occurrence, escalating nature, and lethality of domestic violence include the following:

Answer 8

• The violence usually worsens without intervention
• As violence escalates in frequency and lethality, a victim becomes accustomed to the form of violence used, so the abuser uses more force against the victim

Question 9

♦ The impact of effective law enforcement intervention in domestic violence cases

Answer 9

• Research shows that police involvement has a strong deterrent effect on stopping the violence and will deter repeat abuse
• Law enforcement intervention provides the victim informational resources, so they can make an informed decision of the options for protecting themselves and their children

Question 10

LAW ENFORCEMENT POWERS AND DUTY TO ARREST INV.2 0 6 0 . 1 0 3
The cadet will list the authority and duties of law enforcement officers as provided in the Utah Cohabitant Abuse Procedures Act 77-36-1 et seq. and the Utah Cohabitant
Abuse Act 78B-7-101 et seq.

Answer 10

♦ Protect the victim and enforce the law
♦ When an officer has probable cause to believe an act of domestic violence has been committed, the peace officer SHALL arrest or cite any person believed to have committed the act of domestic violence and SHALL arrest under certain circumstances
♦ Officer shall use all reasonable means to protect the victim and prevent further violence

Question 11

♦ UCA 77-36-2.4

Answer 11

• when an officer has probable cause to believe a protective order (civil,
criminal, foreign, child) has been violated, the person must be arrested and
taken to jail; officer may not issue a citation

Question 12

♦ The statutory elements of self defense, as defined in UCA 76-2-402, and how they apply to the predominant aggressor analysis, include consideration of the following:

Answer 12

• Reasonable belief that force is necessary and unlawful use of force is imminent
• Immediacy of the danger
• Probability the unlawful force would result in death or serious bodily injury
• Aggressor’s prior violent acts, threats or propensities
• Patterns of abuse or violence in the parties’ relationship

Question 13

cont!!

Answer 13

♦ State law requires a written report on every domestic violence incident; the
report must designate the incident as a domestic violence offense and must list
the reasons for arrest or non-arrest
♦ The time limit for submitting an officer’s report of domestic violence to the
appropriate prosecutorial agency is five days

Question 14

PROTECT IVE ORDERS INV.2 0 6 0 . 1 0 4
The cadet will recall the circumstances under which a petition for a protective order is authorized. Cadets will demonstrate familiarity with the process of issuing, dismissing, and enforcing a protective order and the differences between each order.

Answer 14

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Question 15

♦ Ex parte civil protective order

Answer 15

• Issued at the request of one party without a hearing
• Civil and criminal provisions; class A misdemeanor for violation of criminal portion; contempt for violation of civil portion
• Lasts approximately 20 days until a hearing can be held
• May be extended by the court in order to get respondent served
• If respondent was served with ex parte, but fails to appear at the hearing, the ex parte continues to protect the petitioner until the protective order
can be served

Question 16

♦ Civil protective order

Answer 16

Issued after notice and hearing to both parties
• Two portions: civil portion and criminal portion
 Civil portion lasts 150 days and violation is contempt
 Criminal portion lasts until dismissed by court (lasts at least one year) and violation is a class A misdemeanor and requires mandatory arrest

Question 17

♦ Child protective order

Answer 17

• Any interested person, having first made a referral to the Division of Child and Family Services (DCFS), may file a petition for a protective order onbehalf of a child who is being physically or sexually abused or is in imminent danger of being physically or sexually abused
• Civil and criminal provision similar to adult protective order
• Must have specific expiration date on order – 150 days or when child turns 18 years old

Question 18

♦ Jail release agreement/order

Answer 18

• Written agreement issued by the jail or a written order issued the by the court before arrestee can be released; jail enters the written agreement on
the statewide domestic violence network/warrants system; if the court issues the order, the court enters it on the statewide domestic violence
network/warrants system
• Victim may sign a written waiver of the agreement/order at the jail or give a waiver to the arresting officer
• Arrestee is ordered to have no contact with the alleged victim, to not threaten or harass the alleged victim, or to not go to the alleged victim’s
residence or premises

Question 19

cont!

Answer 19

• Arrestee is ordered to have no contact with the alleged victim, to not threaten or harass the alleged victim, or to not go to the alleged victim’s
residence or premises
• Violation is either a 3rd degree felony, if underlying arrest was for a felony, or class A misdemeanor, if the underlying arrest was for a misdemeanor; violation requires mandatory arrest
• Lasts until midnight of the day the arrestee appears in court. Court may continue the agreement/order for up to 3 days for criminal charges to be filed; if criminal charges are filed within those 3 days, then the agreement/order will expire at midnight of the day the arrestee appears to answer the criminal charges; if criminal charges not filed, then it expires at midnight of the third day

Question 20

♦ Pre-trial criminal protective order

Answer 20

• Can be requested by victim, prosecutor or the court on its own motion
• Written order issued by the court to the defendant prohibiting contact, threats, or coming to victim’s residence; a copy is given to the victim;
court clerk enters the order on the statewide domestic violence network/warrants system
• Violation is a 3rd degree felony if defendant is charged with a felony and a class A misdemeanor if defendant is charged with a misdemeanor;
violation requires mandatory arrest
• Lasts until adjudication; if defendant is acquitted, then the order automatically expires; if convicted, the order continues until sentencing

Question 21

♦ Sentencing protective order

Answer 21

• Written order issued by court; court enters the order on the domestic violence network/warrants system
• Prohibits contact, threats, going to residence and/or premises
• Violation of the order is a class A misdemeanor and requires a mandatory arrest
• Lasts the length of the defendant’s probation

Question 22

♦ Foreign Protection Order

Answer 22

• A protective order issued by another state, territory of the US, possession of the US, tribal jurisdiction, Puerto Rico or Washington D.C.
• It is enforceable in Utah as long as it is in effect within the issuing jurisdiction
• Subject to same penalties as if it were a Utah issued protective order – class A misdemeanor and mandatory arrest
• If officer determines probable cause to believe a valid protective order exists and it has been violated, the officer shall enforce the order as if it
were the order of a Utah court

Question 23

NOTICE TO VICTIMS INV.2 0 6 0 . 1 0 5
The cadet will identify the minimum duties of an officer responding to a complaint of domestic violence as found in UCA 77-36-2.1, to include:

Answer 23

♦ Provide for victim, safety/assessing injuries or medical needs
♦ Confiscate weapons used in the commission of the offense or which pose a danger
♦ Assist the victim and any child in obtaining emergency housing or shelter
♦ Provide protection while the victim removes essential personal effects
♦ Arrange, facilitate, or provide for the victim and any child to obtain medical treatment
♦ Provide the victim with written notice of victim’s rights and of the remedies and services available to victims of domestic violence

Question 24

PEACE OFFICER LIABI L ITY INV.2 0 6 0 . 1 0 6

The cadet will define the peace officer liability and immunity provisions of the Utah Cohabitant Abuse Procedures Act.

Answer 24

♦ UCA 77-36-8
• A peace officer acting in good faith and exercising due care in making an
arrest or failing to make an arrest, pursuant to the cohabitant abuse statute
is immune from civil liability that might result from the officer’s action
• State immunity does not protect officer from liability under a 1983 civil
rights violation lawsuit in federal court

Question 25

DOMESTIC RESPONSE INV.2 0 6 0 . 1 0 7
The cadet will identify officer safety issues for entering the home of persons involved in a domestic disturbance, to include:

Answer 25

♦ High emotions, volatile situation
♦ Infringement on privacy and resultant anger focused on law enforcement officers
♦ Unfamiliar environment
♦ Unknown location of other occupants
♦ Unknown location and availability of weapons
♦ Use of dispatch information

Question 26

CALMING TECHNIQUES INV.2 0 6 0 . 1 0 8

The cadet will identify calming techniques, to include:

Answer 26

!

Question 27

♦ Physical, visual, and vocal separation of combatants, keeping in mind officer
safety and officer contact, to facilitate:

Answer 27

• Potential means of calming situation
• Improved communication with parties
• Determining discrepancies in parties’ accounts
• Assessing injuries and medical needs

Question 28

Cont!

Answer 28

♦ Allow for personal space without physical contact
♦ Have the parties sit to reduce tension and movement
♦ Use a calm, friendly, and firm voice
♦ Discuss current issues and resolutions only
♦ Reduce extraneous distractions
♦ Maintain control over officers’ personal emotions and biases

Question 29

CRIMINAL INVESTIGATIVE TECHNIQUES INV.2 0 6 0 . 1 0 9
The cadet will explain the criminal investigative techniques applicable to effective investigation and prosecution of domestic violence incidents.

Answer 29

♦ A domestic violence offense must be investigated and reported with a belief that the victim will be unavailable to testify

Question 30

♦ Evidence should be gathered in a domestic violence investigation in anticipation of prosecution, to include:

Answer 30

• Physical evidence of damaged or broken items
• Documentary and photographic evidence of injuries
• Statements to medical treatment providers if HIPAA (Health Insurance Portability Accountability Act) medical release signed by injured person
• Present sense impressions of the victim and witnesses

Question 31

cont!

Answer 31

• Excited utterances by the victim and witnesses
• Statements of the victim’s physical, mental, or emotional condition
• Documentation of prior domestic violence incidents
• Copies of 911 calls

Question 32

CRIMINAL PROCEDURES REQUIREMENT INV.2 0 6 0 . 1 1 0
The cadet will explain the criminal procedure requirements of the Utah Cohabitant
Abuse Procedures Act section 77-36-1 et seq.

Answer 32

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Question 33

♦ The charge and penalty enhancement provision for domestic violence misdemeanors if the offender has prior domestic violence conviction within five years and commits, or is convicted of, a subsequent domestic violence misdemeanor under section 77-36-1.1

Answer 33

• “Conviction” includes plea of guilty, plea of no contest, conviction by
judge or jury and also a plea in abeyance (whether still pending or
subsequently dismissed)
• The domestic violence misdemeanor increases one degree in severity;
cannot enhance felonies; cannot ‘double’ increase for multiple priors
• Prior convictions could have occurred in Utah or any other state

Question 34

♦ Prosecutorial consent required for domestic violence charges to be dismissed.

Answer 34

• Domestic violence offenses not only impact the victim and family members, it also impacts the community, and for this reason a victim’s
request to dismiss charges requires the consent of the prosecutor.

Question 35

♦ Peace officer’s post-arrest notification requirements are as follows:

Answer 35

• To the victim
 Information concerning jail- release agreements/orders, release conditions, penalties for violation of the agreement, including the
requirement for the arrestee to appear in court the next day court is in session
 Waiver of jail release agreements/orders
 Victim’s rights and remedies
 Information on obtaining civil and criminal protective orders and court address
 Shelter and community service information
 Right to initiate criminal proceedings at a later time
 Instruction to the victim to preserve any evidence

Question 36

!

Answer 36

• To the arrestee
 Information concerning the jail release agreement/order provisions, including when they expire and the penalties for violation.
 Requirement for the arrestee to appear in court the next day court is in session
 Notify that the arrestee may not contact the alleged victim prior to being released from jail; violation is a class B misdemeanor

Question 37

♦ Notification requirements of the arresting agency and the jail upon release of the arrestee

Answer 37

• Jail to notify arresting agency

* Arresting agency to make good faith effort to notify victim

Question 38

DOMESTIC ENHANCEMENT INV.2 0 6 0 . 1 1 1

The cadet will explain the elements and penalties for a domestic violence offense in the presence of a child.

Answer 38

♦ UCA 76-5-109.1
• commits a homicide, attempted homicide or aggravated assault against a cohabitant, it is a 3rd degree felony, domestic violence offense
• commits any other domestic violence offense, felony or misdemeanor, it is a class B misdemeanor, domestic violence offense
 this class B misdemeanor can be enhanced one degree if prior domestic violence convictions within five years
• separate charge for each child present

Question 39

MANDATORY REPORTING INV.2 0 6 0 . 1 1 2
The cadet will define the mandatory reporting requirements for healthcare providers, persons with a reason to believe that child abuse or neglect, or disabled/elder abuse or neglect has occurred.

Answer 39

♦ Any person who has reason to believe a child is being abused or neglected ust report it to the Division of Child and Family Services or law
enforcement
• Class B misdemeanor for failure to report
 Exception to the reporting requirement: clergy if confession by a perpetrator

Question 40

♦ Any person who has reason to believe that a vulnerable adult is being abused, neglected or exploited, must report to Adult Protective Services or law enforcement

Answer 40

• Class B misdemeanor for failure to report

Question 41

♦ Any healthcare provider treating injuries the provider has reason to believe were caused by a dangerous weapon or by criminal, is required to report it to local law enforcement

Answer 41

• Class B misdemeanor for failure to report

Question 42

FEDERAL LAWS INV.2 0 6 0 . 1 1 3

The cadet will explain the basic federal laws concerning domestic violence, to include:

Answer 42

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Question 43

♦ Interstate violation of a protective order

Answer 43

• Defendant crosses state or tribal line with intent to violate a protective order
• Jurisdiction of FBI

Question 44

♦ Possession of a firearm while subject to a protective order or following conviction of a state domestic violence misdemeanor

Answer 44

• Jurisdiction of ATF

* State qualifying misdemeanor: assault and physical child abuse

Question 45

♦ Interstate domestic violence

Answer 45

• Defendant crosses state or tribal line with intent to harm an intimate partner
• Jurisdiction of FBI

Question 46

STALKING INV. 2 0 6 0 . 1 1 4

The cadet will identify the elements of, and penalties for, stalking, to include:penalties for, stalking, to include:

Answer 46

!

Question 47

♦ Penalties

Answer 47

• Class A misdemeanor for first offense or violation of a civil stalking injunction
• Third degree felony for second offense or stalking by a cohabitant or violating a permanent criminal stalking injunction or prior conviction for
felony involving this victim
• Second degree felony if defendant has two prior convictions for stalking; or twice previously convicted of felonies involving this victim; or if
defendant used a dangerous weapon or other means or force likely to cause death or serious bodily injury to stalking victim; or twice previously
convicted of stalking, violating stalking injunction, cohabitant stalking, violation of permanent criminal stalking injunction or combination of any
of these

Question 48

♦ Availability of civil and criminal stalking injunctions

Answer 48

• Any person can file for a civil stalking injunction
 Can complete forms on court website, at a district court, at a domestic violence shelter, or at the victim advocate’s office; no filing fee or service fee required
 Must provide corroborating evidence to the judge for review; if granted, a temporary civil stalking injunction will be issued. The injunction must be served on the respondent within 90 days; if not served, then the process must start all over; if served, the respondent has 10 days to request a hearing.

Question 49

cont

Answer 49

• If respondent does not request a hearing, the temporary order automatically becomes a stalking injunction that will be in effect for three years from the date of service on the respondent; it
automatically expires three years from date of service.
• If respondent requests a hearing, the burden is on the petitioner to show by a preponderance of the evidence, at a hearing, that the respondent is stalking the petitioner.

Question 50

♦ Availability of civil and criminal stalking injunctions

Answer 50

• Any person can file for a civil stalking injunction
 Can complete forms on court website, at a district court, at a domestic violence shelter, or at the victim advocate’s office; no filing fee or service fee required
 Must provide corroborating evidence to the judge for review; if granted, a temporary civil stalking injunction will be issued. The injunction must be served on the respondent within 90 days; if not served, then the process must start all over; if served, the respondent has 10 days to request a hearing.
• If respondent does not request a hearing, the temporary order automatically becomes a stalking injunction that will be in effect or three years from the date of service on the respondent; it automatically expires three years from date of service.
• If respondent requests a hearing, the burden is on the petitioner to show by a preponderance of the evidence, at a hearing, that the respondent is stalking the petitioner.

Question 51

!

Answer 51

• Violation of a stalking injunction is a class A misdemeanor and requires a
mandatory arrest

Question 52

• Permanent Criminal Stalking injunction

Answer 52

 Requires a conviction for the crime of stalking
• “Conviction” means plea of guilty or no contest, finding of guilt by a judge or jury; also includes a plea in abeyance
• Shall be issued by the court at the time of conviction; defendant may request hearing on the matter
• Criminal stalking injunction is permanent; it does not expire; only stalking victim can ask that it be dismissed
• If violated, may be prosecuted criminally as a third degree felony and/or the stalking victim can sue civilly for money damages

Question 53

♦ Typologies of stalking

Answer 53

• Simple obsession stalker
 Most common, most volatile and most dangerous type of stalking case
 Involves interpersonal relationship; stalker wants to re-establish relationship with target and if unable, then turns to all out revenge
 This is the typical type of stalking in domestic violence cases
• Love obsession stalker
 Long duration
 No prior relationship; stalker seeks to establish a relationship with target; suspects usually have major mental health disorders and are usually males

Question 54

cont!

Answer 54

• Erotomania stalker
 Rare in general population; no cure
 Stalker believes target loves her and that relationship already exists
 Stalkers mostly female, usually victimize older males
• False victim stalker
 Stalker postures herself as stalking victim
 Rare; stalkers of this type are usually female
 Stalker may be trying to re-establish relationship with significant other or family member; stalker may be person who needs and/or simply thrives on the attention of the “system resources” (advocates, police, prosecutors, etc.)
 False victim stalker may create a fictitious stalker; or focus on a person and claim that person is stalking them while false victim is actually
stalking that person

Question 55

• Vengeance/terrorism stalker

Answer 55

 Not seeking personal relationship with target
 Purpose is to elicit a particular response or change of behavior from targets
 Vengeance stalker
o Seeks only to punish for some perceived wrong
 Political stalker
o Using stalking as a weapon of terror to accomplish a political agenda; force target to engage in or refrain from particular activity

Question 56

♦ Investigative strategies for stalking

Answer 56

• Stalking is not an isolated incident; it is a course of conduct which takes time and patience and energy to investigate
• Keep in mind “context” of behavior as it relates to specific target; what might have an innocuous meaning to one person may have a very special and threatening meaning to another because of the relationship between the stalker and target
• The more information a stalking victim receives, the more likely they are to cooperate

Question 57

• Advise stalking victim what they can do to gather evidence

Answer 57

 Photos; video cameras, incident diary, caller ID, names of other witnesses (including persons who are in neighborhood on a regular basis who may have seen or heard something), private detectives,
recordings of phone calls, text messages, keep all presents, letters, notes, etc. from the stalker for the police
• Consider sending two peace officers to do a “knock and talk” with suspect to “cease and desist” with target