DV Mid Terms Flashcards
What is Domestic Violence?
The intentional violent or controlling behavior that one person wields over another, including:
* Physical
* Sexual
* Psychological
* Financial
Also includes violence by someone with whom the victim has or had an intimate or significant relationship.
What is the primary goal of an abuser in cases of Domestic Violence?
To maintain POWER and CONTROL.
What is the single greatest predictor of adult criminality?
Male children who witness their mothers being beaten by their significant other.
How much more likely are boys who witness Domestic Violence to abuse their own partners and children as adults?
Twice as likely.
What are the three primary responsibilities of law enforcement in Domestic Violence cases?
- Provide physical safety & security for victims
- Assist victims by coordinating their referral to support services
- Arrest the DV perpetrator as required by law.
Can anyone be a victim of Domestic Violence?
Yes, it crosses all barriers of age, income, culture, religion, education, and race.
What happens to the severity and frequency of physical violence once it is introduced?
It increases.
What happens to the danger for a victim when she tries to leave the relationship?
The danger increases.
Define ‘Abuse’ in the context of Domestic Violence.
The occurrence of one or more of the following acts between family or household members:
* Attempting to cause or causing physical harm
* Placing another in fear of imminent serious physical harm
* Causing another to engage involuntarily in sexual relations by force, threat or duress.
* Coercive Control
What are the four types of courts under c.209A S1 for Domestic Violence cases?
- Superior
- Probate and Family
- District
- Boston Municipal.
What is the exception for courts dealing with substantive dating relationships?
There are only THREE types of court: Probate and Family, District, and Boston Municipal.
What factors define ‘Family or Household Members’ under c.209A?
- Are or were married
- Are or were residing together in the same household
- Are or were related by blood or marriage
- Have a child in common
- Have been in a substantive dating or engagement relationship.
On average, how many tries does it take for abused women to successfully leave their abusers?
Seven tries.
True or False: Drugs and alcohol cause battering.
False.
What must be enforced regarding Protection Orders issued by another jurisdiction?
They shall be given full faith and credit throughout Commonwealth as long as they are active/valid.
What is a Vacate Order?
A court order to leave & remain away from premises & surrender any keys.
What does Basic Protection in a Vacate Order include?
- Defendant shall not damage any of the plaintiff’s belongings
- Defendant shall not shut off any utilities or mail delivery
- Defendant shall not interfere with the plaintiff’s right to possess the residence.
What are the proceedings for a restraining order filed under Domestic Venue (c. 209A s. 2)?
They shall be filed, heard, and determined in the court having venue over the victim’s residence.
What happens to a Temporary Order after issuance?
It lasts for 10 court business days and may be extended up to a year.
What are the responsibilities of law enforcement under Powers, Duties, and Responsibilities (C. 209A s. 6)?
- Remain on scene
- Assist in obtaining medical treatment for the victim
- Assist in locating and getting to a safe place
- Provide notice of rights
- Activate emergency judicial system
- Inform the victim of the abuser’s bail eligibility
- Arrest the perpetrator as required by law.
What is the difference between ‘Shall Arrest’ and ‘Preferred Arrest’?
‘Shall Arrest’ means there is probable cause to believe a person violated a restraining order, while ‘Preferred Arrest’ is when there is probable cause that a person committed a felony or a misdemeanor involving 209A abuse.
What is required for a conviction of violation of a Protection Order?
- Order issued by court
- Order in effect on date of violation
- Defendant knew of the order.
What instances do NOT violate a Protective/Restraining Order?
- Not harassing incidental contact
- Accidental encounters where the defendant leaves promptly.
What is the paramount consideration in an officer’s decision whether to arrest?
The safety of the victim and any involved child.
What does MGL C. 265 s.13M cover?
Domestic Assault or Domestic A&B involving family or household members in intimate relationships.
What is Rule 327 regarding the protection of abused persons?
Domestic Violence calls are Priority 1, two officers sent.
