DOMESTIC VIOLENCE, STALKING, & HARASSMENT Flashcards
Temporary protective order
Effective for no more than
seven days after service, however, it may
be extended up to 30 days to effectuate
service.
Extreme Risk Protective
Orders (ERPO)
Are not limited to domestic violence situations Do not in any way affect the ability of law enforcement to remove or seize firearms and/or ammunition from any person or property as permitted by any other law May be issued as a temporary, interim, or final Do not contain provisions related to protection for the petitioner or others from abuse, contact etc. (it is not a Protective Order) Require the respondent to immediately surrender firearms and ammunition in their possession to law enforcement
Under Maryland law, in order to enforce an
out of state protective order:
The order must be in effect at the time of
the violation
The petitioner must display or present a
copy of the order that appears valid on
its face
The defendant must have violated an
arrestable provision of the order
Persons that are eligible for relief include Temporary Protective Orders.
The current or former spouse or intimate partner of the respondent A household member of the respondent An individual related to the respondent by blood, marriage, or adoption A parent, stepparent, child, or stepchild of the respondent who resides or has resided with the respondent for at least 90 days within one year before filing for the petition A vulnerable adult An individual who has a child in common with the respondent
Supervisor’s Responsibilities in allowing
Domestic Standby
The supervisor shall
ensure that assistance is limited to removing
essential items, such as a change of clothing,
personal effects or medicines for themselves
or their children.
There are five basic steps to effective
intervention in domestic violence calls:
Safety Defusion Communication Assistance and resolution Referral
interim protective order
This order is effective until the
first or second available day on which the
District Court may hear the petitioner
The following violations of Protective
Orders are misdemeanors under Title 4,
Subtitle 5, of the Family Law Article:
Abusing or threatening the petitioner Contacting or harassing the petitioner Refusing to vacate or stay away from the petitioner’s and/or family member’s: Residence School Place of employment Temporary residence All surrounding areas
Domestic violence
occurs when an individual commits or
attempts to commit one of the following
offenses against an intimate partner:
An act that causes physical injury An act that places one in fear of physical injury to self or others A property crime Violation of a Protective Order An act of false imprisonment
In 1994, Congress enacted this for out of state protective order
Violence
Against Women Act (VAWA)
Supervisor’s Responsibilities in
Domestic Standby
Request a supervisor’s response to the
scene
Complete and submit a Case Record by
the conclusion of the shift
Temporary protective order may include the following guidelines
Vacate the home immediately Stay away from places frequented by the petitioner, such as the petitioner’s residence, temporary residence, residence of family members, workplace and or school Allow a respondent to retrieve personal effects Decide the custody of minor children Order mandatory counseling or mediation between the petitioner and respondent
how many officer will respond for a domestic
at least 2
This protection may
include the seizure of firearms or weapons.
When on the scene of an alleged act of
domestic violence, an officer may remove a
firearm from the scene if:
There is probable cause to believe that
an act of domestic violence has
occurred; and
The firearm has been observed
Warrantless Arrests for domestic
The Maryland Criminal Procedures Title 2,
Subtitle 2 provides warrantless arrest
authority when an officer has probable cause
to believe:
The victim is the perpetrator’s spouse or cohabitant, and There is evidence of physical injury and, unless the perpetrator is immediately arrested, the perpetrator may: Not be apprehended Cause further injury to the victim or others Cause further damage to the victim’s property Tamper with, dispose of, or destroy evidence