DOMESTIC VIOLENCE, STALKING, & HARASSMENT Flashcards

1
Q

Temporary protective order

A

Effective for no more than
seven days after service, however, it may
be extended up to 30 days to effectuate
service.

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2
Q

Extreme Risk Protective

Orders (ERPO)

A
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
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3
Q

Under Maryland law, in order to enforce an

out of state protective order:

A

 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

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4
Q

Persons that are eligible for relief include Temporary Protective Orders.

A
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
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5
Q

Supervisor’s Responsibilities in allowing

Domestic Standby

A

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.

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6
Q

There are five basic steps to effective

intervention in domestic violence calls:

A
 Safety
 Defusion
 Communication
 Assistance and resolution
 Referral
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7
Q

interim protective order

A

This order is effective until the
first or second available day on which the
District Court may hear the petitioner

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8
Q

The following violations of Protective
Orders are misdemeanors under Title 4,
Subtitle 5, of the Family Law Article:

A
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
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9
Q

Domestic violence
occurs when an individual commits or
attempts to commit one of the following
offenses against an intimate partner:

A
 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
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10
Q

In 1994, Congress enacted this for out of state protective order

A

Violence

Against Women Act (VAWA)

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11
Q

Supervisor’s Responsibilities in

Domestic Standby

A

Request a supervisor’s response to the
scene
 Complete and submit a Case Record by
the conclusion of the shift

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12
Q

Temporary protective order may include the following guidelines

A
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
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13
Q

how many officer will respond for a domestic

A

at least 2

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14
Q

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:

A

 There is probable cause to believe that
an act of domestic violence has
occurred; and
 The firearm has been observed

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15
Q

Warrantless Arrests for domestic
The Maryland Criminal Procedures Title 2,
Subtitle 2 provides warrantless arrest
authority when an officer has probable cause
to believe:

A
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
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16
Q

Stalking Reports
Officers shall complete a Case Record for
all stalking complaints, or any situation
where stalking appears to have occurred.
Officers taking reports shall:

A
Notify their supervisor
 Notify RID or DVU if instructed to do
so by their supervisor
 Transport the victim to the appropriate
Investigative Unit or stand by with the
victim pending the arrival of the
investigator
 Note the name of the investigator
notified, if applicable
 Broadcast a lookout for the suspect
17
Q

These conditions justify a warrantless arrest
so long as a police report was made within
how many hours of the alleged incident.

A

48

18
Q

Final Protective order

A

The final protective order states the
maximum time that the order is effective,
which is typically in effect for one year.
The petitioner has the right to request an
extension of a final protective order, which
if granted, can be extended up to an
additional 6 months.

19
Q

Domestic Violence Involving
Departmental Employees
(Lautenberg Law) with physical assault

A
The Sergeant will initiate a premise
history through the communications
supervisor for at least 90 days
 The Shift Commander will notify the
affected officer’s Commander
 The Shift Commander shall prepare a
confidential memorandum, documenting
the name of the Commander notified
within the other agency, the other
agency’s response, and all notifications
made within this Department.