LD # 25 Domestic Violence Flashcards
To arrest a person for making criminal threats, the necessary crime elements must include:
(1) a threat to commit a crime resulting in death or great bodily injury to a person or his or her immediate family, and
(2) the threat must be such as to cause a person to reasonably be in sustained fear for his or her own safety or for his or her immediate family’s safety.
To arrest a person for the crime of willful infliction of corporal injury, the necessary crime elements must include:
(1) the person willfully inflicts injury upon another person,
(2) the other person is a spouse, former spouse, cohabitant, former cohabitant, or they have a child in common, and
(3) the injury must be an actual physical injury. It can be internal or external, minor or serious.
To arrest a person for the crime of stalking, the necessary crime elements must include:
(1) willfully, maliciously, and
(2) repeatedly following or harasses another person and
(3) makes a credible threat
(4) with the intent to place the person in reasonable fear for his or her safety or the safety of his or her immediate family
To arrest a person for the crime of malicious destruction of telephone lines, the necessary crime elements must include:
(1) the obstruction, removal, taking down, severing, or making an unauthorized connection
(2) of phone, cable, electric lines, or their wires
(3) that conduct electricity
To arrest a person for the crime of preventing or dissuading a witness or victim from testifying, the necessary crime elements must include:
knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade, a witness or victim from:
(a) attending or giving testimony at a trial or other inquiry authorized by law; or
(b) reporting a crime to a law enforcement, parole, probation, or correctional officer, judge, or prosecutor; or
(c) causing a complaint or other charging document to be sought, issued, or assisting in the prosecution; or
(d) arresting or seeking the arrest of a subject
To arrest a person for the crime of battery as applied to domestic violence, the necessary crime elements must include:
force or violence against a:
(1) spouse/former spouse
(2) current dating relationship/former dating relationship
(3) current engagement relationship/former engagement relationship
(4) person with whom respondent has had a child
To arrest a person for spousal rape, the necessary crime elements include:
(1) an act of penile/vaginal intercourse,
2) which is against the will of the spouse (without consent
Willful infliction of corporal injury is covered by Penal Code Section _____ and is classified as a ______.
273.5
felony
Criminal threats are covered by Penal Code Section ___ and are classified as ________.
422
felonies
Stalking is covered by Penal Code Section _____ and is classified as a ______.
646.9
felony
Malicious destruction of a telephone, telegraph, cable television, or electric lines is covered under Penal Code Section ___ and is classified as a ______.
591
felony
Preventing or dissuading a witness or victim from testifying is covered by Penal Code Section _____ and is classified as a ______.
136.1
felony
Battery as applied to domestic violence is covered under Penal Code Section _________ and is classified as a ___________.
243(e)(1)
misdemeanor