HPM 100.69 Chapter 4-6 Flashcards
- _________________ means a court order prepared by anofficer and issued by a judge, commissioner, or referee, by telephone or otherwise, whether or not the superior court is in session when there is immediate and present danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking to a victim.
Emergency Protective Order (EPO) (4-3, 2a)
- _____________ means an order issued by the court during normal business hours.
Restraining Order (4-3, 2b)
- The above mentioned is available from the superior court and can grant the following eight types of relief:
(1) An order restraining the attacker from abusing you and other family
members.
(2) An order directing the attacker to leave the household.
(3) An order preventing the attacker from entering your residence, school,
business, or place of employment.
(4) An order awarding you, or the other parent, custody of/or visitation with a minor child or children.
(5) An order restraining the attacker from molesting or interfering with minor
children in your custody.
(6) An order directing the party not granted custody to pay support of minor
children, if that party has a legal obligation to do so.
(7) An order directing the defendant to make specified debt payments.
(8) An order directing that either or both parties participate in counseling.
(4-3, 2b)
- Court protective or restraining orders may be issued by a civil or criminal court in California and generally prohibit an individual from __________________.
contacting, harassing, or molesting the applicant for the order. (4-5, 5a)
- In addition, protective orders prohibit the restrained party from _______________.
owning, possessing, purchasing, attempting to purchase, or otherwise obtaining a firearm (Section 12021[g] PC). (4-5, 5a).
- Out of state orders _____ be enforced in the same manner as those that have
been issued in California.
Shall (4-5 5b)
- Court protective or restraining orders _____ be entered into the Department of Justice (DOJ) Domestic Violence Restraining Order System (DVROS) after issuance, within ____ business day(s).
Shall/one (4-5, 5a)
- Pursuant to Section 836(c) PC, an officer _____physically arrest an individual
who has violated the provisions of a protective order, whether or not the violation occurred in the officer’s presence.
Shall (4-5 5c)
- Pursuant to Section 853.6 PC, any time a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, that person ______be taken before a magistrate instead of being released, unless the arresting officer determines that the offense is not likely to continue or resume and that no persons or property would be endangered if the individual were to be released.
Shall (4-6, 5d)
- Pursuant to Section 6389 FC, a person subject to a domestic violence protective order is required to relinquish possession or control of __ ______immediately upon service of a protective order or within __ hours of the service of the order (if the firearms are not in their immediate possession or control).
Any firearms/ 24 (4-6, 5e)
- A restraining order is verified __________, ___________ , or ___________.
if the complainant shows a copy of the order bearing the file stamps of the court/the order is already on file with the CHP/ if the law enforcement agency that entered the order into the DVROS has been contacted. (4-7, 2a)
- After verifying the order, the officer must also have proof that the violator was either served or is aware of the terms of the order before the violator may be arrested for violation of a restraining order. What constitutes proof of service or notification?
Complainant shows a copy of the proof of service.
The order states that the suspect was present in court when
the order was issued.
A CHP officer previously admonished the suspect of the
existence and terms of the order, served it on the suspect, and
prepared a CHP 216, Arrest Investigation Report, or CHP 202,
Driving Under the Influence Arrest Investigation Report. The
communications center or Area office should be contacted for
verification that a copy of the report is on file.
Proof of service is on file with another law enforcement
agency and can be verified. (4-7 1 a-d)
- If a victim does not have a copy of the order and the officer is unable to verify its existence and proof of service, the officer cannot execute an arrest of the suspect for
violation of the order. The complainant ____ be told that they have the right to make a _____ _______ ______of the suspect for violation of the order.
Shall/ private person’s arrest (4-8, 2)
- An Emergency Protective Order expires no later than the close of judicial business on the _____court day or the _____ calendar day following the day of issuance.
Fifth/ seventh (4-8, h)
- If an officer believes that an adult/child is in immediate danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking, their immediate supervisor _______ be contacted and apprised of the situation. If the supervisor agrees that the circumstances warrant, the officer ______ attempt to obtain an EPO.
Should/should (4-8, h1)
