DV Exam 8

Question 1

Under Chapter 209A , what is 265 s 13M?

Answer 1

Assault & Battery on Family/Household Member (INTIMATE)

Question 2

Under Chapter 209A , what is 265 s 13A?

Answer 2

Assault & Battery (NON INTIMATE)

Question 3

Do alcohol and drugs cause battering?

Answer 3

No

Question 4

Violations of a restraining order

Answer 4

Refrain from abuse
Refrain from contacting
Vacate & Remain away
Plantiff’s address is impounded
Refrain from abuse/ contacting child
Surrender LTC/FID firearms
Awarding plaintiff temporary custody
Order to pay child support
Order to pay monetary compensations
Batterers intervention program

Question 5

Direct Violation

Answer 5

no need to prove that the defendant intended to violate order

Question 6

Indirect Violation

Answer 6

must prove that the defendant intended for the 3rd party to violate order

Question 7

Dominant Aggressor

Answer 7

whoever uses the greatest amount of force

Question 8

4 things you need to consider if a suspect has violated a restraining order

Answer 8

An order was issued by the court
the order was in effect on date of violation
the defendant was served the order
the defendant violates the order

Question 9

HPO vs RO

Answer 9

HPO can be applied to anyone while RO can only be for family/household members

Question 10

Methods of Service

Answer 10

in person, by mail or left in mailbox