Domestic Violence--Legal talk Flashcards
Who can be a victim of domestic violence?
Former or current spouse Related by blood or marriage Currently or previously lives with Dating relationship Have a child in common Minor child of any of those persons Custodian or guardian of minor child
T/F See former partner in grocery store & slap them. Domestic Violence case.
True.
If you hit a frat brother you live with….does that qualify as domestic violence?
yes.
IF you hit an in-law…domestic violence?
YES
What is a battery?
any willful or unlawful use of force or violence upon the person of another
Which acts constitute domestic violence?
Battery
Assault–threat w/ intent & capability
Compelling another person by threat or force to do an act from which he or she has a right to refrain
Sexual assault
False Imprisonment-won’t let the person leave the house
Unlawful entry into another’s residence
A knowing, purposeful or reckless course of conduct intended to harass another, including but not limited to:
Stalking
Trespassing
Larceny
Destruction of private property
Carrying a concealed weapon
Injuring or killing an animal
T/F Police officers MUST arrest a probable suspect of domestic violence if they have reason to believe that domestic battery occurred w/i the last 24 hours.
True. Must arrest the primary physical aggressor.
What are the penalties of 1st domestic battery?
bail $3K 2days--6 months in jail 48-120 hours of community service fine $200-$1K 6 mo-1 yr DV counseling $35 DV fee optional drug or alcohol counseling lifetime loss or right to bear firearms
What are the penalties of a second domestic battery w/i 7 years?
bail $5000 up to 180 days in jail suspended 10 days-6 months in jail 100-200 hrs of community service fine $500-1K 1 yr DV counseling $35 DV fee optional drug or alcohol counseling lifetime loss of right to bear firearms
Penalties for Category C Felony?
bail $15K
prison 1-5 yrs no probation
fine up to $10K
What is the “Do Not Drop” Policy?
prosecuting attorney can’t dismiss domestic violence charge one exchange for a plea to a lesser charge etc unless it can’t be proven
No probation
What is a civil compromise?
If a defendant is held to answer on a charge for which the person injured has a civil remedy it can be compromised unless the offense:
Was committed by or upon an officer of justice;
Was committed riotously;
Was committed with the intent to commit a felony;
Constituted domestic violence; or,
Violates a temporary or extended protective order.
Most common weapon used?
hands, fist, feet
What is required for a temporary order for protection? Extended order?
Temporary–granted w/o notice of adverse party
Extended–need a notice & a hearing
What can a temporary order do? 30 days
Enjoin the adverse party from threats, injuries or harassment
Exclude the adverse party from the applicant’s place of residence
Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child
Grant temporary custody of a child
Enjoin harm to an animal owned by the applicant or minor child
Order such other emergency relief as is necessary
