Domestic Violence Protocol Flashcards
Who are the victims-persons protected under the Domestic Violence Act?
Family or household member: spouses, former spouses, adult persons related by blood or marriage, step-parents, and step-children (18 yrs or older). Adult persons who are presently residing together or have resided together within the past 3 yrs. Persons with a child in common whether or not lived together. Persons involved in a substantive dating relationship (whether 18 yrs older or younger) at anytime during the last 12 months.
Investigating a Domestic Violence incident, an officer shall avoid dual arrests ( as it may belittles the seriousness of the offense) and the officer should determine the…..?
Primary Aggressor (refers to the most significant aggressor).
If after PC is established, and the suspect has left the area, and resides in another jurisdictions, the officer shall, in order to effectuate an immediate arrest…..
contact the appropriate police department and ask to assist in making the arrest. A copy of the complaint/warrant should be sent to the assisting department.
If no PC for arrest in a DV investigation the officer shall…
remain on scene until the victim and any children leave and/or are safe and providing any necessary transportation. The victim will be advised of the right to apply for a RO in Family or District Court.
In regards to a TRO with application to Family Court, whom should apply there?
If he/she is related to the abuser by blood/marriage, have a child in common, or if either victim or abuser is under 18 yrs old and has had a “substantive dating or engagement relationship” together in the past year.
In regards to a TRO with application to District Court, whom should apply there?
If he/she and the abuser have lived together within the past 3 yrs, or if they’ve had a substantive dating or engagement relationship within the past year AND both are at least 18 yrs old.
How long, after first review by a judge, is a TRO valid for?
up to 21 days. The defendant must receive notification first to be in violation.
After 21 days and a 2nd hearing, a protection order can be valid for how many years, and also maybe extended by the court?
3 years.
What does the Federal Full Faith and Credit Act mandate with regards to Foreign Restraining Orders from outside RI?
it mandates that all states honor protective orders from all other states and jurisdictions.
Superior Court Restraining Orders have no……?
criminal sanctions attached to them and you cannot arrest on a violation of them.
