GM 603 Flashcards
START
Magistrate’s order for emergency protection is an order directed to a person who has been arrested for an offense of f——-,s——-,a——or s——-prohibiting the person from committing further acts of family violence
Family violence, sexual assault, aggravated sexual assault or stalking
The magistrate’s order for emergency protection prohibits the person from going near the protected person’s r——,p——,c——, or s—–
Residence, place of employment, child care facility or school
A temporary protective order is valid for the period specified in the order, but does not exceed how many days?
20
Can a temporary protective order be extended?
Yes, on the request of an applicant or on the court’s own motion
A protective order is valid for ——-from the date the original order was granted by the court
Two years
A magistrates order for emergency protection is valid on issuance and remains in effect until the —– day but not less than 31 days after the date of issuance
61st
As a back up when the computer system is not functioning, where is a copy of the protective orders, temporary orders, and magistrate’s order for emergency protection kept on file?
Communications unit
It is possible for protective order, temporary protective order, or magistrates order for emergency protection to exist but not be on the computer system or on file in the communications unit files. In these cases the officer must——-before making an arrest
Must see the complainant’s copy of the order
Generally a person commits a class A misdemeanor if, in violation of a protective order or magistrate’s order for emergency protection or temporary protective order, he knowingly or intentionally: name 4
1) commits family violence
2) communicate threats3) goes to or near any of the following places described on the protective order
3) possesses a firearm
4) harms, threatens or interferes with the care, custody or control of a pet that is possessed by a person protected on the order
Types of court orders prohibiting family violence or stalking
When the court finds from the information contained in an application for protective order there’s a clear and present danger of family violence what type of court order is this?
Temporary protective order
If an officer establishes probable cause to believe a person has committed a violation of certain court orders or conditions of bond in a family violence case and he has fled the scene what is a reasonable amount of time to try to locate the offender and make a warrantless arrest?
In no event should a reasonable amount of time exceed two hours
protective orders/conditions of bond:
The respective substation CRT officers will prepare warrants during their business hours. Who will prepare warrants at all other times?
The special victims unit or night CID unit
Protective order/conditions of bond: the officers will arrest the offender without a warrant when the offense is committed within the officer’s—-
Presence or view
Protective orders/conditions of bond: it is a third-degree felony if the offender has previously been convicted under Chapter 25.07 how many times?
Two or more times
Protective orders/conditions of bond: it is a third-degree felony if the offender has violated the order or conditions bond by committing—– or the offense of——
An assault or the offense of stalking
Officers, as directed by the temporary protective order, may be required to accompany the person obtaining the order to the residence covered by the order while the person?
- Takes possession of the residence
- Protect the person taking the order while they take possession of the residence
- Standby while the person who has obtained the owner takes possession of their necessary personal property
- The officer may be required to inform the person the court has ordered them excluded from the residence
What kind of information is necessary for the officer to obtain to apply for a magistrate’s order for emergency protection?
1)
2) addresses and telephone numbers of residence and employment
3) addresses and telephone numbers of childcare facilities or schools
4) The distance in yards necessary for the respondent to maintain the protection of the victim
1)Names of individuals covered by the courts orders including DOB