DV/Dating Violence and Abuse Flashcards

1
Q

Define ‘dating relationship’ as per the notes.

A

A dating relationship is indicated by various factors such as mutual affection, social outings, and continuous interaction.

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2
Q

What is included in the definition of ‘dating violence and abuse’?

A

Dating violence and abuse encompass physical injury, serious physical injury, stalking, sexual assault, and the infliction of fear.

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3
Q

Define ‘foreign protective order’ based on the notes.

A

A foreign protective order refers to a judgment, decree, or order of protection entitled to full faith and credit.

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4
Q

Explain the term ‘order of protection’ according to the notes.

A

An order of protection includes any interpersonal protective order, including temporary ones, and also covers foreign protective orders.

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5
Q

What does ‘sexual assault’ encompass as per the notes?

A

Sexual assault refers to prohibited conduct such as rape, sodomy, sexual abuse, or incest under specific statutes.

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6
Q

Define ‘stalking’ based on the notes.

A

Stalking refers to prohibited conduct as outlined in statutes related to stalking.

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7
Q

What is considered a ‘substantial violation’ according to the notes?

A

A substantial violation involves criminal activities that pose actual or threatened harm to individuals protected by an order of protection.

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8
Q

Define ‘adult’ as per the notes in KRS Chapter 209.

A

An adult is a person over 18 years who, due to mental or physical issues, needs assistance to manage resources or protect themselves.

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9
Q

Explain ‘protective services’ according to Chapter 209 of the notes.

A

Protective services are agency interventions provided to adults in need of protection due to abuse, neglect, or exploitation.

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10
Q

What does ‘abuse’ encompass in the context of Chapter 209 based on the notes?

A

Abuse involves actions like injury, sexual abuse, unreasonable confinement, intimidation, or punishment causing physical or mental harm.

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11
Q

Define ‘exploitation’ as per the notes in Chapter 209.

A

Exploitation is the misuse of another person’s resources through deception or intimidation to deprive them of those resources.

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12
Q

Explain ‘neglect’ based on the notes in Chapter 209.

A

Neglect refers to situations where an adult is unable to obtain necessary goods or services for their welfare, or caretakers fail to provide needed services.

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13
Q

What does ‘imminent’ mean in the context of domestic violence and abuse?

A

Impending danger; belief in danger can be inferred from past serious abuse patterns.

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14
Q

Define ‘stalk’ in the context of KRS Chapters 508.130 to 508.150.

A

Intentional conduct towards a specific person causing mental distress with no legitimate purpose.

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15
Q

Explain the term ‘protective order’ as defined in the legal context.

A

Includes various orders like emergency protective orders, domestic violence orders, and restraining orders.

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16
Q

What is meant by ‘course of conduct’ within KRS Chapters 508.130 to 508.150?

A

A pattern of conduct causing mental distress to a person, excludes constitutionally protected activity.

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17
Q

Define an ‘abused or neglected child’ according to KRS Chapters 600 to 645.

A

A child whose health or welfare is harmed or at risk due to various factors.

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18
Q

What should officers do when enforcing Foreign Protective Orders (FPOs)?

A

Officers shall enforce all foreign protective orders (FPOs).

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19
Q

How should officers handle violators of Foreign Protective Orders (FPOs)?

A

Officers shall arrest the offender without a warrant if they have probable cause to believe the respondent violated the FPO.

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20
Q

What conditions should be considered when enforcing a Foreign Protective Order (FPO)?

A

Orders shall be enforced entirely, presumed valid upon presentation, and do not need to be entered into the system to be enforceable.

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21
Q

What happens if a Foreign Protective Order (FPO) is filed with the clerk’s office?

A

It may be verified through the system (LINK).

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22
Q

How are arrests for Violation of a Foreign Protective Order handled?

A

All arrests follow the same procedures as a violation of a Kentucky order of protection, with the charge being Violation of a Foreign Protective Order.

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23
Q

What should officers do if the perpetrator has fled the scene?

A

Make a reasonable attempt to locate the perpetrator, which may include requesting an ‘attempt to locate’ broadcast and searching the area.

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24
Q

Can officers arrest the perpetrator if found at a different location than the original crime scene?

A

Yes, officers may arrest the perpetrator even if found elsewhere, as per KRS 520.095.

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25
Q

What actions should an officer take if unable to arrest the perpetrator of a domestic/dating violence and abuse crime?

A

Offer to assist the victim in applying for an order of protection and may apply for an arrest warrant if probable cause exists.

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26
Q

How are victims assisted in applying for orders of protection after normal business hours?

A

Follow the same procedures as applying for a warrant when assisting victims in obtaining orders of protection.

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27
Q

When can stalking be elevated from a misdemeanor to a felony?

A

Stalking can be elevated to a felony if an order of protection is issued, a criminal complaint is pending, or the perpetrator has been convicted.

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28
Q

What is the purpose of G.O. 1994-02C according to the Lexington Police Department policy?

A

To establish procedures to respond to, investigate, and arrest domestic/dating violence and abuse offenses.

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29
Q

According to the Lexington Police Department policy, how are domestic/dating violence and abuse incidents considered?

A

Serious crimes to provide a proactive, pro-arrest approach in responding.

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30
Q

What is the department policy when responding to cases of domestic/dating violence and abuse?

A

To prevent further acts by undertaking additional responsibilities and treating all acts as criminal conduct.

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31
Q

Based on KRS 403.720, how is ‘domestic violence and abuse’ defined?

A

Physical injury, serious physical injury, stalking, sexual abuse, or fear of imminent harm between family members or members of an unmarried couple.

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32
Q

What does ‘order of protection’ refer to as per KRS 403.720?

A

An emergency protective order or a domestic violence order, including a foreign protective order.

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33
Q

Define ‘dating relationship’ as per KRS 456.010.

A

A relationship of a romantic or intimate nature between individuals, excluding casual acquaintanceship or ordinary fraternization.

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34
Q

What document needs to be completed and submitted electronically in KyOPS?

A

eJC-3

35
Q

When is the only exception to completing and submitting an eJC-3 allowed?

A

In case of a computer system malfunction

36
Q

What must Central Records do if JC-3s are completed during computer system malfunctions?

A

Forward them to CHFS within 48 hours

37
Q

What is the responsibility of officers in reporting circumstances surrounding the death related to abuse or neglect?

A

They must report it

38
Q

What information related to an order of protection violation should be notated on various documents?

A

Civil case number, county, dates of issuance, service, and expiration

39
Q

How many officers should respond to calls of domestic/dating violence when the situation is in progress or imminent?

A

Two officers

40
Q

What should initial responding officers do in cases of domestic/dating violence and abuse incidents?

A

Assess medical needs, interview parties separately, check databases, make arrests, complete reports

41
Q

What should officers provide victims with after an incident?

A

Form #156, victim safety information, legal remedies, community services

42
Q

When should officers offer to put the victim in immediate contact with a department victim advocate?

A

During regular business hours.

43
Q

What should officers provide the victim with if they feel threatened by the perpetrator?

A

Information on what to do.

44
Q

In what cases should photographs be taken in domestic/dating violence and abuse incidents?

A

In all cases where evidence of physical injury or property damage exists.

45
Q

What should be done when weapons are involved in domestic violence cases?

A

Weapons should be collected as evidence and run through the NCIC.

46
Q

Under what circumstances can officers make a felony arrest without a warrant in domestic violence cases?

A

If the felony was committed in their presence or if there is probable cause.

47
Q

When can officers make a misdemeanor arrest without a warrant in domestic violence cases?

A

When there is probable cause that physical injury was caused to a family member.

48
Q

What should officers do if they have probable cause to believe a respondent violated the conditions of an EPO?

A

They should arrest the offender without a warrant.

49
Q

What steps should officers take before enforcing the terms of an EPO, DVO, or IPO?

A

Contact E911, verify service, and ensure respondent received notice.

50
Q

When should a responding officer notify their supervisor in a domestic violence incident involving a department employee?

A

Immediately

51
Q

Who should respond to the scene in a domestic violence incident involving a department employee?

A

The supervisor

52
Q

Who must the supervisor notify in a domestic violence incident involving a department employee?

A

Bureau of Patrol Duty Commander, Bureau of Investigation Assistant Chief, lieutenant or sergeant from the Special Victims Section

53
Q

When should notifications be made in a domestic violence incident involving a department employee?

A

Promptly during the initial response to the call as soon as the scene is stabilized

54
Q

What should a responding officer do in a domestic violence incident involving an officer from another agency in Fayette County?

A

Notify a Lexington Police Department (LPD) supervisor as soon as practicable

55
Q

Who should promptly notify a supervisor from the other agency in a domestic violence incident involving an officer from another agency?

A

LPD supervisor

56
Q

How should the investigation be conducted in a domestic violence incident involving an officer from another agency?

A

In the same manner as any other domestic/dating violence and abuse incident investigation

57
Q

What should officers encourage victims to do in domestic/dating violence cases?

A

Document all subsequent events and notify the department.

58
Q

What information should officers provide victims during investigations?

A

Information on victims’ rights, available support services, and resources.

59
Q

What community resources should officers inform victims about?

A

Counseling, medical attention, compensation programs, victim advocacy services, and emergency financial assistance.

60
Q

What form should officers provide victims with in domestic/dating violence cases?

A

Form #156, which includes report case number and community resources information.

61
Q

When should officers provide victims with safety and rights information?

A

Before clearing the scene, by printing KyOPS eJC-3 or using a pre-printed copy.

62
Q

What should officers inform victims of regarding detective or victim advocate contact?

A

Attempt to make contact within twenty-four (24) hours of receiving the report.

63
Q

What program should officers inform victims about for notification?

A

Victim Information and Notification Everyday (VINE) Program.

64
Q

What should officers do when encountering juvenile perpetrators in domestic/dating violence incidents?

A

Follow the procedures outlined in the policy and GO series 1988-02 Juvenile Procedures.

65
Q

How should officers handle domestic/dating violence victims with special needs?

A

Refer them to specialized support services to promote protection and assistance.

66
Q

What should officers do in cases of mutual violence to determine the primary aggressor?

A

Identify the primary aggressor and preferably arrest that individual.

67
Q

What should officers do if they suspect abuse but lack probable cause for an emergency custody order?

A

Complete an eJC-3 to report suspicions.

68
Q

When should supervisors notify the Cabinet for Health and Family Services in cases involving the death of a child with suspected abuse or neglect?

A

As soon as practicable within 48 hours.

69
Q

What are the reporting duties for adults experiencing abuse, neglect, or exploitation?

A

Report to Adult Protective Services and document incident on an electronic case report and eJC-3.

70
Q

What steps should officers follow when the adult victim of abuse is dependent or elderly and the suspect is a family member?

A

Follow warrantless arrest procedures, complete electronic case report and eJC-3, and provide victim safety and rights information.

71
Q

How should officers handle situations where no one is available to assist an elderly or mentally alert adult experiencing abuse?

A

Contact a supervisor for assistance and determine the appropriate course of action.

72
Q

What special training will the department provide officers regarding domestic/dating violence and abuse?

A

Kentucky Law Enforcement Council approved training related to domestic/dating violence, responding to calls, victim services, and legal provisions.

73
Q

What factors are considered when determining domestic disputes/violence?

A

Degree of injury, objective evidence, self-defense, fear levels, likelihood of future injury.

74
Q

Is there a spousal exemption for rape or sexual assault?

A

No, there is no spousal exemption for rape or sexual assault.

75
Q

What are the duties of mental health professionals under duty to warn (KRS 202A.400)?

A

They are mandated to warn identifiable victims of threatened violence and notify the police.

76
Q

What actions should officers take upon receiving verifiable threats of violence against an identifiable victim?

A

Attempt to contact the victim, notify them of the threat, offer legal remedies, and assist as needed.

77
Q

If an officer believes a perpetrator of domestic violence is mentally ill and poses a danger, what procedures should be followed?

A

Refer to procedures in GO series 2005-01 Interacting with Persons Affected by Mental Illness.

78
Q

What actions must officers take when encountering a child who is abused, neglected, or dependent?

A

Contact a supervisor, who will determine whether to involve Special Victims Section or CPS.

79
Q

What behaviors can constitute child neglect as per the notes?

A

Acts like sexual abuse, exploitation, prostitution, abandonment, failure to provide care.

80
Q

How does the law define a ‘child’ in the context discussed?

A

It refers to anyone below eighteen years of age unless specified otherwise.

81
Q

What constitutes a ‘dependent child’ according to the notes?

A

A child under improper care or guardianship not due to the parent’s intentional act.

82
Q

What are the primary goals of the department in handling domestic/dating violence?

A

Treat all acts as criminal, reduce violence, protect officers, report cases, provide training.

83
Q

What responsibilities do officers have in domestic/dating violence arrests as per the notes?

A

Make on-scene arrests, prosecute cases, investigate when no arrest, offer support.

84
Q

What must officers do regarding incidents of domestic/dating violence, abuse, and neglect?

A

Complete JC-3 report, electronic case reports, citations, as per department procedures.