DV

Question 1

The goal of the abuser is to maintain

Answer 1

POWER and CONTROL.

Question 2

When it comes to DV, law enforcement has three primary responsibilities

Answer 2

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

Question 3

Vacate Order: court order to leave & remain away from premise & surrender keys

Answer 3

-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

Question 4

Extended Scope

Answer 4

-Multiple family dwelling; and/or
-Plaintiff’s workplace

Question 5

REMEDIES (209A s.3)

Answer 5

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

Question 6

When the expiration date falls on a weekend, holiday, or date the court is closed, the order shall not expire until the

Answer 6

NEXT COURT BUSINESS DAY.

Question 7

Petition for Review:

Answer 7

-ANY defendant may petition such action and will be heard no later than 10 COURT BUSINESS days
-Employment: court shall order a hearing no later than 2 COURT BUSINESS days

Question 8

Temporary Order (C. 209A s. 4)

Answer 8

-10 court business days
-May be extended up to a year or not to exceed 1 year

Question 9

Emergency Order (C. 209A s. 5)

Answer 9

-Courts are closed
-Good until NEXT court business day

Question 10

Powers, Duties, and Responsibilities (C. 209A s. 6)

Answer 10

-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 court is closed
-Inform the victim that the abuser will be eligible for bail and be promptly (after 6 hours) released
-Shall arrest any person a law officer witnesses or has PC to believe violated a restraining order

Question 11

suspend or modify order in any way.

Answer 11

Victim may never change the term of the order without a court ruling – consent of the victim DOES NOT suspend or modify order in any way.

Question 12

Offenses that require Mandatory Arrest

Answer 12

PC established or violation witnessed – violation of any temporary or permanent vacate, restraining, no-contact order, or suspension/surrender

Question 13

Offenses for which Arrest is the Preferred Response

Answer 13

[-PC established or witnesses commission of Felony, A&B, Misdemeanors involving abuse as defined in c. 209A s. 1
-Arrests for misdemeanors not committed in the officer’s presence are a statutory exception – officers may arrest as long as they have established
-PC to believe that the misdemeanor involved ABUSE

Question 14

Family or Household Members under C. 265 s.13M

Answer 14

-Are or were married to one another
-Have a child in common
-Are or have been in a
-Substantive dating relationship
-Are in an engagement relationship

Question 15

Factors of the relationship

Answer 15

-Length of time
-Type of Relationship
-Frequency of interaction
-If relationship is terminated, the length of time elapsed since the termination of the relationship

Question 16

Protection Order issued by another jurisdiction:

Answer 16

-Shall be given full faith and credit throughout Commonwealth - will enforce as long as it is active/valid and issued by another state or US territory/possession
-If order is not verified, RELEASE FORTHWITH