DV Finals Flashcards
What is Domestic Violence?
The intentional violent or controlling behavior that one person wields over another, including physical, sexual, psychological, and financial abuse, by someone with whom they’ve had or have an intimate or significant relationship.
What is the goal of an abuser in Domestic Violence?
To maintain POWER and CONTROL.
What are the three primary responsibilities of law enforcement in Domestic Violence cases?
- Provide physical safety & security for victims. 2. Assist victims by coordinating their referral to support services. 3. Arrest the DV perpetrator as required by law.
What constitutes Abuse under Domestic Violence?
The occurrence of one or more acts between family or household members, including attempting to cause or causing physical harm, placing another in fear of imminent serious physical harm, or causing another to engage involuntarily in sexual relations by force, threat, or duress.
What are the four types of court under c.209A S1?
- Superior 2. Probate and Family 3. District 4. Boston Municipal
Except when dealing with substantive dating relationships, then there are only three types of court: Probate and Family, District, and Boston Municipal.
Who qualifies as Family or Household Members under c.209A?
- Are or were married. 2. Are or were residing together in the same household. 3. Are or were related by blood or marriage. 4. Have a child in common. 5. Are or have been in a substantive dating or engagement relationship based on factors like length of the relationship, type of relationship, frequency of interaction, and time since the relationship ended.
What is a Vacate Order?
A court order to leave and remain away from a premise and surrender any keys to said premise, including basic protections such as not damaging the plaintiff’s belongings or interfering with their right to possess the residence.
What are the differences between Criminal and Civil Infractions in Domestic Violence?
Criminal infractions are arrestable and include actions like refraining from abuse, while civil infractions are non-arrestable and include actions like awarding temporary custody or ordering to pay child support.
What does the Surrender of Firearms entail under c. 209A s. 3B?
Upon issuance of a temporary or emergency order, the court shall order the immediate suspension and surrender of firearms, including LTC, shotguns, FID, machine guns, and ammunition.
What is a Temporary Order under C. 209A s. 4?
An order that lasts for 10 court business days and may be extended up to a year, with the defendant given an opportunity to be heard on the question of continuing the order.
What is an Emergency Order under C. 209A s. 5?
An order that is valid until the next court business day when courts are closed, requiring the plaintiff or a representative to appear.
What are the Powers, Duties, and Responsibilities of law enforcement under C. 209A s. 6?
- Remain on scene. 2. Assist in obtaining medical treatment for the victim. 3. Assist in locating a safe place. 4. Provide notice of rights. 5. Activate the emergency judicial system when court is closed. 6. Inform the victim about the abuser’s eligibility for bail. 7. Arrest the perpetrator as required by law.
What is the difference between ‘Shall Arrest’ and ‘Preferred Arrest’?
‘Shall Arrest’ means having probable cause to believe a person violated a restraining order, while ‘Preferred Arrest’ applies when there is probable cause that a person committed a felony or misdemeanor involving 209A abuse.
What is required to convict a defendant of violating a Protection Order?
- An order issued by the court. 2. The order must be in effect on the date of violation. 3. The defendant must have known of the order.
What are the types of violations of a Protection Order?
Direct violations do not require proof of intent, while indirect violations must prove that the defendant intended a third party to violate the order.
What should be done with Out-Of-State Restraining Orders?
They should be honored, checked for expiration, and the agency contacted to verify validity.
What is the definition of Domestic Assault or Domestic A&B under MGL C. 265 s.13M?
It involves family or household members who are involved in intimate relationships, excluding persons residing in the same house or related by blood.
What is Rule 327 regarding Protection of Abused Persons?
Domestic Violence calls are Priority 1, with two officers sent, and dual arrests are discouraged.
What is the link between Animal Abuse and Domestic Violence?
There is a strong link between domestic violence, child abuse, and animal abuse, with many victims delaying leaving due to concerns for their pets.
What are the three forms of Strangulation?
- Manual 2. Ligature 3. Hanging.
What are common reasons victims recant or don’t leave?
- Feelings of guilt. 2. Concerns for children/pets. 3. Fear of further harm.
What is the standard for charging under MGL CH265 13M and 13A?
Charges differ based on the relationship: no relationship, blood relative or roommate, and intimate relationship.
What constitutes reasonable parental discipline?
Discipline must be reasonably related to safeguarding the welfare of the minor and should not cause substantial risk of physical harm or severe mental distress.
What is crucial for evidence gathering in Domestic Violence cases?
Officers should assume that the victim may be unwilling or unable to participate in prosecution and gather as much evidence as possible.
What is the use of self-defense in Domestic Violence cases?
The use of self-defense is NOT grounds for arrest, and typical self-defense injuries differ from offensive injuries found on the victim.
What are the narrative steps for responding to a Domestic Violence call?
- Obtain information prior to arrival. 2. Park away from the scene. 3. Activate body worn camera. 4. Separate the parties upon arrival. 5. Document the victim’s rights and gather personal information.
