DV Flashcards
Spouse, former spouse, cohabiting, previously cohabited, have a child in common
Household Member
Order of protection, restraining order, condition of bond, in any state
Protection order
Officer makes the decision for arrest not the victim
DV Law
Cause physical harm or injury to a household member or attempt to cause with present ability to create fear
DV 1
offer or attempt to cause physical harm or moderate bodily injury with apparent present ability to do so
DV 2
offer or attempt to cause physical harm or great bodily injury with apparent present ability to do so
DV 1
offer or attempt to cause physical harm or extreme indifference to the value of human life and great bodily injury with apparent present ability to do so
DVHAN
16-25-70 (a) what is mandatory during a DV incident
Mandatory Incident Report for DV
16-25-70 (D) what must a LEO consider with 2 aggressors
Primary Aggressor
Only force necessary to end attack or threat
Self Defense
Must include grounds for arresting both parties and document attempt
Dual arrest
16-25-70 (E) prohibited words from LEO such as “if I have to come back here again…”
Threats prohibited
16-25-70 (H) evidence protected after an incident arrest during a ______
Warrantless Searches
16-25-70 (I) LEO is not liable when acting in good faith
Immunity
A LEO must report to____when investigating a DV case with children in the home
DSS
Provide dispatch with address and number of people And observation when responding to this type of DV Call
Self Initiated Call
Start the_______before arriving on scene to assist in known suspects/prior incidents to determine possible actions
Initial Investigation
When arriving on scene:
Be mindful of: ambush, high risk factors, foot approach, surveillance, clear and present danger
16-25-70 what would allow a LEO to enter a home without a warrant
Exigent circumstances
It is the LEO’s______when arriving on scene to separate both parties, check for injuries, restore order, take written statements, ID everyone to include children
LEO Responsibility for DV cases
Always ask
Open ended questions
Compare information and detect inconsistencies with your_____
Partner
Do not ask
Leading questions
When interviewing victims_____need to be built
Rapport
Never____when talking to a victim
Stand over
Interviewing can be difficult due to_____
Trauma Bonding
When interviewing children
Do no ask leading questions
Should not be promoted to ask victims questions
Dr.’s, nurses, EMS, Social Worker
LEO’s must produce a_____after investigating a DV incident.
Incident Report
When taking pictures
Take various angles/distances, full body image, cover private areas
Post arrest evidence
Gifts, cards, jail house calls
Use caution when arresting a ______
LEO
17-15-30 (C) must accompany charging documents within 24 hours to include incident report pending chargers and criminal history
Bond Hearing
DV is driven by
Power and control
DV does not end until
Murder/Suicide
Jealousy, isolation, substance abuse, cultural belief
Psychological abuse
4 major forms of DV
Physical , sexual, emotional, economic
Theories of DV
Continuum of violence, cycle of violence
Three phases of DV
Tension building, acute battering, honeymoon
17-22-90(7) retrial intervention
Battering treatment program
Threatens to kill or kill themselves, being served divorce papers, killing pets, increase in risky behavior
Lethality factors
2-4 times more likely to be involved in DV
LEO
16-25-125 facility for dv victims
Shelter
Real property, parcel of land that a shelter
Grounds
16-25-125 anyone charged with DV or previously convicted, subject to an order of protection to enter grounds which a household member reside
Trespass DV Shelter
20-40-20 family court always has____ over a order of a protection with magistrate as a back
Jurisdiction
Who can petition for order of protection
Any household member and on behalf of a minor
20-4-50 when can an emergency protection order be issued and how long for a regular hearing
24 hrs/15 days
20-4-70 how long can a protection order last
Min 6 months max 1 yr
16-25-20 to be held in summary court and may be brought in addition to any penalties the court may give
Violation of protection order
Per 20-4-100 LE must assist in retrieving belongings post DV incident
DV escort 20-4-90
20-4-120 does not take rights away from belongings or property
Actions not affecting rights to relief
20-4-320/20-4-340 ensures full faith in incident from other states/jurisdiction/foreign countries
Foreign protection order/tribunal state protection
1977 SCAG written opinion
Prosecute DV w/o a victim
