Domestic Violence Level 2 prep

Question 1

Definition of Domestic Violence

Answer 1

Physical
Sexual
Psychological
Financial

Question 2

LE has 3 major responsibility

Answer 2

-Provide safety physical safety and security for victims
-Assist victims by coordinating their referral to support services
-Arrest the DV perpetrator as required by law

Question 3

Abuse

Answer 3

-Attempting to cause or causing physical harm
-Placing another in fear of imminent serious physical harm
-Causing another to engage involuntarily in sexual relations by force, threat, or duress

Question 4

Family Household Members under 209A

Four Factors

Answer 4

Are or were Married/Residing together/Related by blood/or have a child in common

Length of time
Type of relationship
Frequency of interaction
length of time elapsed since termination

Question 5

265 s13M vs 265 s13A

Answer 5

265 s13M=Intimate
Married/Engaged/Child in common/Are were in a substantive dating/engagement relationship

265 s13A= Non intimate
Related by blood or marriage/Roommates

Question 6

Protection Orders Issued by another jurisdiction

Answer 6

Shall be given full faith and credit throughout the commonwealth.
If order is not verified REALEASLE FORTHWITH

Question 7

Vacate Order

Answer 7

Court order to leave and remain away from premises and surrender keys

-Defendant shall not damage any of the plaintiff’s belongings
-Defendant shall not shut off any utilities or mail delivery
-Defendant shall not interfere in any way with the plaintiff’s right to possess such residence
-Extended Scope
Multiple family dwelling
plaintiff’s workplace

Question 8

Civil (remedies)
vs
Criminal Infractions

Answer 8

Criminal/Arrestable
-Refrain from abuse
-Refrain from contacting
-Vacate & remain away
-Plaintiff’s address to be impounded
-Refrain from abusing/contacting child
Civil/Non-Arrestable
-Awarding plaintiff temporary custody
-Order to pay child support
-Order to pay monetary compensation for losses suffered
-Betterer’s Intervention Program (BIP)

Question 9

Surrender of Firearms

Answer 9

LTC
FID
FIREARMS
RIFLES
SHOTGUNS
MACHINE GUNS
AMMUNITION

Question 10

Petition for Review

Answer 10

Any Defendant may petition such action and will be heard no later than 10 court business days
Employment- The court shall order a hearing no later than 2 court business days

Question 11

Temporary Orders

Answer 11

10 court business days
May be extended up to a year

Question 12

Emergency Order

Answer 12

Courts are closed
Good until next court business day

Question 13

Powers, Duties, and 7 Responsibilities

Answer 13

-Remain on scene
-Assist in obtaining medical treatment
-Assist in locating and getting to a safe place
-Give immediate and adequate notice of his/her rights
-Activating the emergency judicial system when the court is closed
-Inform the victim that the abuser will be eligible for bail and be promptly after 6 hours
-Shall arrest any person a law officer witnesses or has PC to believe violated a restraining order

Question 14

Service Order

Answer 14

Police are not required to serve defendant in hand

Question 15

Confidentiality of Records

Answer 15

The plaintiff’s residential address and workplace address will appear on the court order unless the plaintiff specifically that this info is withheld (impounded address)

Question 16

Strangulation

Answer 16

-Is a form of power and control
-Petechiae is seen in strangulation (red spots in victim’s eye)
–ROA arrest on PC

Question 17

Dominate Aggressor

Answer 17

Officers should evaluate and interview parties separately to determine the dominant aggressor and make the arrest

Question 18

Threats alone are not

Answer 18

Arrestable under 209A

Question 19

Intimidation of Witness

Answer 19

Added Charge

Question 20

Harassment Prevention Order
(HPO)

Answer 20

Criminal Harassment
Patterns of conduct/act include but are not limited to
-mail
-phone (text/calls)
-Internet communications
-instant messaging

Question 21

Harassment
vs
Stalking

Answer 21

Harassment- no threat
Stalking- Threat with intent to commitment

Question 22

265/43A Criminal Harassment
ROA

Answer 22

Misdemeanor

Warrantless arrest on PC is the preferred response

Question 23

Harassment Protection Orders

Answer 23

The court-issued protective orders under MGL 258 E are nearly identical to a 209A Restraining Order
-Components
-refrain from abusing
-no contact
-stay away from home/workplace
-Compensation for losses suffered
HOWEVER, may not order the surrender of firearms LTC/FID

Question 24

Venue/Duration

Answer 24

Venue- Court having jurisdiction where the plaintiff resides

Duration- 10 court business days initially, then up to one year

Question 25

Out of State HPO

Answer 25

Enforced as if issued in MA as the order is in effect

Question 26

ROA for Harassment

Answer 26

Warrantless arrest of PC is the preferred response