Domestics Flashcards
What is a family or household
Relation by:
Legally Married, blood, intimate, through marriage, have child in common, formally legally married
When does concurrent jurisdiction exist:
- Family offense committed
- There is a family/household relationship
- Offender is 16 and older
When do you prepare a domestic incident report?
For all domestic incidents
For all allegations of child abuse in NY
When does family court have exclusive jurisdiction?
When the offender in domestic is less than 16 years of age
What pages to you give to the complainant/victim of domestic incident report?
Last 2 pages with legal rights and remedies available
Must arrest?
-All felonies
-violation of order of protection
- misdemeanor unless complainant does not want offender arrested
-violation unless the complainant does not want the offender arrested
- only violation that is must arrest are those that are prohibited in orders of protection
When there is PC to believe that a person committed a mandatory arrest offense and the offender has fled what must the member do ?
Apply for an arrest warrant
For which type of offense must the member attempt to identify the primary aggressor when there is reasonable cause to believe more than one family member has committed the offense?
Family offense misdemeanor
What penal is charged when an offender makes a verbal threat to the victims as he/she is being arrested?
Intimidating a victim or witness
If an arrest is not made when probable cause exist, members shall thoroughly document the reason for not making the arrest where?
Members memo book and department incident report
What court shall violators of family court orders of protection be taken?
Family court. When not in session to the local criminal court.
If offender commits a violation of either a family court or criminal court order of protection and also commits a crime(none-family), where will he/she be arraigned?
Criminal court
If complainant does not have a copy of the order what can the member do?
Contact court of issuance
Contact local police agency where complainant resides
Request CU to conduct statewide computer registry check
After serving an order of protection what must the member do?
- Complete affirmation of personal service section and forward to the court
- Provide notification of date and time of service to the statewide computer registry
- Memo book entry and department incident report
Members personally involved in a domestic shall notify who and make what documentation.
They shall contact CU and request notification to Chief, District CO (duty captain) and IAB
Memo to District CO (duty captain) with notifications made