DV/Dating Violence and Abuse Flashcards
Define ‘dating relationship’ as per the notes.
A dating relationship is indicated by various factors such as mutual affection, social outings, and continuous interaction.
What is included in the definition of ‘dating violence and abuse’?
Dating violence and abuse encompass physical injury, serious physical injury, stalking, sexual assault, and the infliction of fear.
Define ‘foreign protective order’ based on the notes.
A foreign protective order refers to a judgment, decree, or order of protection entitled to full faith and credit.
Explain the term ‘order of protection’ according to the notes.
An order of protection includes any interpersonal protective order, including temporary ones, and also covers foreign protective orders.
What does ‘sexual assault’ encompass as per the notes?
Sexual assault refers to prohibited conduct such as rape, sodomy, sexual abuse, or incest under specific statutes.
Define ‘stalking’ based on the notes.
Stalking refers to prohibited conduct as outlined in statutes related to stalking.
What is considered a ‘substantial violation’ according to the notes?
A substantial violation involves criminal activities that pose actual or threatened harm to individuals protected by an order of protection.
Define ‘adult’ as per the notes in KRS Chapter 209.
An adult is a person over 18 years who, due to mental or physical issues, needs assistance to manage resources or protect themselves.
Explain ‘protective services’ according to Chapter 209 of the notes.
Protective services are agency interventions provided to adults in need of protection due to abuse, neglect, or exploitation.
What does ‘abuse’ encompass in the context of Chapter 209 based on the notes?
Abuse involves actions like injury, sexual abuse, unreasonable confinement, intimidation, or punishment causing physical or mental harm.
Define ‘exploitation’ as per the notes in Chapter 209.
Exploitation is the misuse of another person’s resources through deception or intimidation to deprive them of those resources.
Explain ‘neglect’ based on the notes in Chapter 209.
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.
What does ‘imminent’ mean in the context of domestic violence and abuse?
Impending danger; belief in danger can be inferred from past serious abuse patterns.
Define ‘stalk’ in the context of KRS Chapters 508.130 to 508.150.
Intentional conduct towards a specific person causing mental distress with no legitimate purpose.
Explain the term ‘protective order’ as defined in the legal context.
Includes various orders like emergency protective orders, domestic violence orders, and restraining orders.
What is meant by ‘course of conduct’ within KRS Chapters 508.130 to 508.150?
A pattern of conduct causing mental distress to a person, excludes constitutionally protected activity.
Define an ‘abused or neglected child’ according to KRS Chapters 600 to 645.
A child whose health or welfare is harmed or at risk due to various factors.
What should officers do when enforcing Foreign Protective Orders (FPOs)?
Officers shall enforce all foreign protective orders (FPOs).
How should officers handle violators of Foreign Protective Orders (FPOs)?
Officers shall arrest the offender without a warrant if they have probable cause to believe the respondent violated the FPO.
What conditions should be considered when enforcing a Foreign Protective Order (FPO)?
Orders shall be enforced entirely, presumed valid upon presentation, and do not need to be entered into the system to be enforceable.
What happens if a Foreign Protective Order (FPO) is filed with the clerk’s office?
It may be verified through the system (LINK).
How are arrests for Violation of a Foreign Protective Order handled?
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.
What should officers do if the perpetrator has fled the scene?
Make a reasonable attempt to locate the perpetrator, which may include requesting an ‘attempt to locate’ broadcast and searching the area.
Can officers arrest the perpetrator if found at a different location than the original crime scene?
Yes, officers may arrest the perpetrator even if found elsewhere, as per KRS 520.095.
What actions should an officer take if unable to arrest the perpetrator of a domestic/dating violence and abuse crime?
Offer to assist the victim in applying for an order of protection and may apply for an arrest warrant if probable cause exists.
How are victims assisted in applying for orders of protection after normal business hours?
Follow the same procedures as applying for a warrant when assisting victims in obtaining orders of protection.
When can stalking be elevated from a misdemeanor to a felony?
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.
What is the purpose of G.O. 1994-02C according to the Lexington Police Department policy?
To establish procedures to respond to, investigate, and arrest domestic/dating violence and abuse offenses.
According to the Lexington Police Department policy, how are domestic/dating violence and abuse incidents considered?
Serious crimes to provide a proactive, pro-arrest approach in responding.
What is the department policy when responding to cases of domestic/dating violence and abuse?
To prevent further acts by undertaking additional responsibilities and treating all acts as criminal conduct.
Based on KRS 403.720, how is ‘domestic violence and abuse’ defined?
Physical injury, serious physical injury, stalking, sexual abuse, or fear of imminent harm between family members or members of an unmarried couple.
What does ‘order of protection’ refer to as per KRS 403.720?
An emergency protective order or a domestic violence order, including a foreign protective order.
Define ‘dating relationship’ as per KRS 456.010.
A relationship of a romantic or intimate nature between individuals, excluding casual acquaintanceship or ordinary fraternization.