SOP 313.4 Injunction for Protectoin Against Domestic Violence, Repeat Violence, Sexual Violence, and Dating Violence Flashcards
________ is a court order requiring a family or household member to do, or refrain from doing, a specific act.
Domestic Violence, Repeat Violence, Sexual Violence or Dating Violence
Injunctions
A temporary injunction may be issued by
the court without a hearing and is in effect for a maximum of _____unless extended by the court.
fifteen days
Once the final hearing takes place and a
permanent injunction is granted, the temporary injunction will stay in full force
until:
The permanent injunction can be served.
An injunction for Protection Against Repeat Violence is an injunction issued by the court to any person who has been the victim of at least ___ incidents of violence or stalking by the respondent. One of the incidents must have occurred within the ______.
- two
2. last six months
In order for a person to get an injunction for protection for dating violence, the victim had to have been in a relationship with the subject for a time period of ________.
6 months
When a person is served with a vilation of injunction, the can not go with in ____ feet of the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member The must also not knowingly and intentionally come within ____ feet of the petitioners motor vehicle whether or not the vehicle is occupied.
- 500 feet
2. 100
A violation of injunction if a _________ for which officers may arrest based on Probable Cause.
1st degree misdemeanor
Law enforcement officers responding to a domestic violence, repeat violence, sexual violence or dating violence situation finding a
person who has an original or certified copy of an injunction for protection should
take the following steps:
Determine if the injunction has been served by telephoning the Hillsborough County Sheriff’s Office Communications Center
If the injunction has not been served, the officer should:
take one of the petitioner’s certified copies and read it to the respondent before he/ she is
given a copy.
The officer will then notify the HCSO Communications Center, immediately to:
update the status of the injunction
When completing the instruction form accompanying the injunction the officer will need the following the following:
i. The injunction case number;
ii. The petitioner and respondent;
iii. The address where the respondent was served;
iv. The serving ofc. name signature/ badge #
v. The date and time of the service
Where does the signed instruction form go in reference to serving domestic violence injunctions?
- in an envelope and marked “HCSO Court Process Bureau-Served Injunction and placed in the SAO Box at the district.
When an injunction has been served the officer is to complete ______
- Street Check documenting the event.
After serving an injunction, what will the inunction be labeled as _____ for type and reason?
warning issued
In a street check, the petitioner is listed as the_____ and the respondent as the _______. In the remarks section of the street check the ____of injunction will be noted.
- complainant
- subject
- type
All information should be completed as thoroughly as possible to include a _______ for the respondent.
current address
Law enforcement officers, who are requested to enforce a domestic violence, repeat violence, sexual violence or dating violence
injunction shall first _____ whether the injunction is valid.
ascertain
Verifying an injunction can be done by reviewing a copy of the injunction that the
petitioner possesses; however, the officer must run a check on the respondent through the _______.
FCIC computer
Valid injunctions are logged into the FCIC computer and its validity should be noted by
using the
operator number
If there is a reason to believe that the
injunction was recently served (not in FCIC), the officer should call the ____________ to check on its validity, again using the operator’s number for confirmation.
HCSO Communication Center
Injunctions issued by courts of ______, _________, ________, or _______are valid and enforceable in Florida
- Other states,
- The District of Columbia
- U.S. Territories
- Reservations
_________can be verified by swearing-in any party, i.e., petitioner, respondent, family member, friend, etc. and then their swearing by affidavit to the injunction’s validity.
Foreign injunctions
If the respondent commits another act of domestic, repeat, sexual or dating violence against the petitioner, the appropriate charges should reflect Violation of Domestic Violence, Repeat Violence, Sexual Violence or Dating Violence Injunction (F.S. §741.31., §784.047., or §784.046) along with any other criminal acts committed (e.g., battery, assault, etc.). Both charges should be placed
on the same affidavit.
It should be realized that some conditions of the petition are _____ in nature.
civil
For civil violations, the petitioner should be referred to the __________for filing a motion for an_________ .
- Clerk of the Court
2. Order to Hold the Respondent in Contempt.