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Sergeants test 2020 > STANDARD OPERATING PROCEDURE SOP #003 DOMESTIC/DATING VIOLENCE > Flashcards

STANDARD OPERATING PROCEDURE SOP #003 DOMESTIC/DATING VIOLENCE Flashcards

1
Q

What is the policy of the department regarding domestic/dating violance?

A

It is the policy of the Department to actively pursue domestic violence and dating violence
investigations, ensure victim safety, provide appropriate referral services, and arrest when
probable cause exist

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2
Q

The PSCU shall attempt to determine the following and relay it to officers responding to domestic and dating violence incidents:

A
  1. Need for medical treatment;
  2. Subject’s actions;
  3. If the subject is present and, if not, the subject’s name, relationship to victim, description and
    possible whereabouts;
  4. If the subject is aware police have been notified and/or has made any threats toward responding
    officers;
  5. If weapons, dangerous animals or other threats to officer safety are present;
  6. If the subject is under the influence of drugs or alcohol;
  7. If the subject suffers from a mental disorder;
  8. If there are others at the scene, including children;
  9. If the victim possesses a current injunction or court order;
  10. Prior call history at the location.
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3
Q

Dispatchers shall ___ cancel police response to a domestic violence or dating violence complaint
regardless if the request is made during the initial call or a follow-up call

A

NOT

Dispatchers shall advise the officers of the request to cancel the response

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4
Q

Officers shall be persistent about entering the location, seeing and speaking ____ with the victim.

A

alone

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5
Q

If access is refused, officers shall request the dispatcher attempt contact with the victim by _____.

A

phone

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6
Q

If access is still refused and the officers have reason to believe that someone is in imminent danger, officers shall proceed and _____.

A

enter the premises

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7
Q

Steps of the on-scene investigation should include

A

Interview, witnesses? provide special needs?, domestic or dating?, injuries?, history of DV? protection orders? self defense? crime scene needed?

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8
Q

Where injuries are not evident, a photograph need not be taken on the scene. However, it shall be noted in the ____ that photographs were not taken and the reason why.

A

Case Report (CR)

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9
Q

Arrest is the preferred response with respect to the primary aggressor when the investigating officer
has ___ to believe, under FS 901.15, an act of domestic violence or dating violence has
occurred.

A

probable cause

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10
Q

Officers making an arrest shall inform the arrestee of the following:
1. Domestic violence or dating violence is a crime and the ______ , not the victim, is responsible for the prosecution and can proceed without the victims cooperation.

A

State of Florida

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11
Q

Officers making an arrest shall direct victims/witnesses to the ___ where they will be provided with the state case number, an explanation of the procedures involved in the prosecution of the case and
their role in it.

A

State Attorney’s Office

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12
Q

In assessing whether physical force was used in ____ , factors such as defense wounds, disparity in physical size, use of weapons, circumstances of the onset of violence and reasonableness of fear or harm, can be considered.

A

self-defense

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13
Q

The victim shall be informed if no arrest is made, and advised that they may contact the State
Attorney’s Office (SAO) and request a review of the case. The reporting officer shall detail the reasons and justifications for not making an arrest in a

A

Case report

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14
Q

Victim Support In accordance with FS Chapters 741 and 784, officers shall:

A
  1. Assist the victim in obtaining any needed medical treatment;
  2. Inform the victim of the availability of a certified domestic violence center
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15
Q

Officer shall provide the victim with a copy of the ______ brochure and contact information for the Domestic Violence Squad (DVS)

A

legal rights and remedies Brochure

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16
Q

Officers shall advise the victim of the option to have their information exempt from public records;
and provide the victim with an _______ Form” which shall be forwarded to the Records Management Section (RMS) and the DVS

A

“Exemption of Victim Information

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17
Q

_____ provides that upon written request by the victim of domestic or dating violence,
sexual battery, aggravated battery, aggravated child abuse, aggravated stalking, harassment, or aggravated battery, any information which reveals the victim’s name, home or employment, telephone number, home or employment address, or personal assets of the victim is exempt from inspection.

A

FS 119.071

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18
Q

Officers shall see to the appropriate care of children or disabled adults as victims or dependents.
In child abuse situations, FS Chapter 415.103 requires the officer to call _____.

A

Abuse Registry

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19
Q

In accordance with FS Chapters 741 and 784, when an officer responds to an alleged incident of domestic or dating violence, whether an arrest is made or not, the officer shall complete a case report and a _______.
.

A

“Domestic Violence Supplement Report” (DVSR)

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20
Q

A copy of the CR and DVSR shall be ___ to the nearest certified domestic violence center prior to the end of the officer’s shift.

A

faxed

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21
Q

The victim’s name and contact information _____ be exempted from DVSRs sent to the certified domestic violence center, ____ in cases involving sexual battery, child abuse, lewd or lascivious act or indecent assault upon or in the presence of a child

A

SHALL NOT

EXCEPT

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22
Q

The _____ shall specify “Domestic Violence” or “Dating Violence.”

A

Case Report

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23
Q

The CASE REPORT shall include:

A

information about 911 call,
injuries?, treatment? subject on scene? witnesses or children? injunction?special needs? victim received a copy of the Legal rights and remedies brochure?

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24
Q

The ____ shall not be utilized as a substitute for the case report

A

Domestic violence supplement report

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25
Q

________ paralegals are available to assist officers

and victims in domestic violence cases when an arrest has been made.

A

Mobile Operations Victim Emergency Services (MOVES)

26
Q

follow-up investigation may be required and may include:

A
  1. Interviewing victims who were physically and/or emotionally unable.
    2.Taking photographs of victim’s injuries that may not have been apparent and/or visible
  2. Interviewing neighbors or other potential witnesses;
  3. Determining whether the subject is on parole, probation and/or pre-trial release and obtaining
    the name and phone number of the appropriate parole, probation or pre-trial officer.
  4. Scheduling line-ups, interviews and other required appearances.
  5. Promptly returning victim’s property taken as evidence
27
Q

The investigating officer shall document the steps of the investigation in the ______.

A

“Criminal

Investigations Unit Supplemental Report.”

28
Q

Officer and/or Employee Involved Cases( Miami Beach Police Officer) (in jurisdiction):
1. The responding/reporting officer shall notify their ___, who shall respond to the scene.

A

supervisor

29
Q

Investigations shall follow Department policy and The supervisor shall notify the _____, who shall notify Internal Affairs (IA)
immediately.

A

Patrol shift Commander

30
Q

If the Officer is arrested:

A

All Department issued weapons (i.e., firearms, Electronic Control Device (ECD), Expandable
Baton) and Department issued ammunition shall be turned over to Internal Affairs;
b. Personal weapons may be relinquished;
c. The Patrol Shift Commander shall ensure that any Department vehicle assigned to the employee is returned to the Department.

31
Q

Miami Beach Police Officer (outside of jurisdiction):
1. Department employees receiving notification of an officer involved in a domestic or dating violence incident shall notify the ________>

A

Patrol Shift Commander immediately.

32
Q

The Patrol Shift Commander shall immediately:

A

Notify the agency having jurisdiction and respond to the scene if possible and Notify IA.

33
Q

The responding officer in which another law enforcement officer is involved in a domestic violence incident will notify his _____ and that supervisor shall notify the ______.

A

supervisor
Patrol Shift Commander.

The Patrol Shift Commander shall notify the involved agency immediately

34
Q

Non-sworn Department employees involved in a domestic or dating violence incident shall notify the Patrol Shift Commander immediately.
The Patrol Shift Commander
shall notify ______ via a memo prior to the end of his/her shift.

A

IA.

Investigations shall follow Department policy

35
Q

When an officer is served with any protective injunction

A
  1. The officer shall notify his immediate supervisor and provide him a copy of the injunction
  2. The supervisor shall notify and forward a copy of the injunction to the Division Commander
  3. The Division Commander shall notify and forward a copy of the injunction to the Chief of Police and IA
  4. The officer shall provide updates as to the status of his case to the Division Commander via the chain of command.
36
Q

The Department may consider a temporary ____ based on the totality of the circumstances.

A

reassignment

37
Q

In cases where the temporary injunction becomes a permanent injunction, the officer may be sent for
a psychological evaluation to determine his fitness for duty. The officer may also be referred to the _________.

A

Employee Assistance Program (EAP).

38
Q

If a determination is made that the domestic violence injunction falls within the purview of applicable
federal statutes, the _____ shall inform the officer of any restrictions to be
placed upon them.

A

Chief of Police or his designee

39
Q

Employees who fail to report that they are under a domestic or dating violence _____ may subject themselves to discipline by the Department and/or prosecution for violation of federal law.

A

injunction

40
Q

Temporary Injunction for Protection Against Domestic/Dating Violence, Final Judgment of
Injunction for Protection Against Domestic Violence, and Temporary Injunction for Protection Against Repeat Violence Service of the injunction upon the respondent shall be made _____ on any day of the week and at any time of the day or night.

A

as soon as possible

41
Q

If a petitioner presents a certified copy of an injunction to an officer and a non-served respondent has been located or is present, the officer must accept and ____ the copy immediately

A

serve

42
Q

Officers requested to assist a petitioner in service of an injunction shall use reasonable efforts to
verify that the respondent or person against whom the enforcement is sought has not already been
served. No additional service shall be necessary if the respondent has previously been served.
Verification of service can be made by:

A

Calling the Miami-Dade Police Department (MDPD) Court Services or Warrants Bureau

43
Q

If the injunction has not been served, the assisting officer must present the respondent with a _______ of the injunction along with any attachments. The respondent must be served personally and it cannot be served on a relative or left at the respondent’s home or business

A

certified copy

44
Q

After serving the injunction, the service package cover sheet shall be completed by the officer and faxed to the _____.
In the absence of a return of service copy, the above information shall be entered on a Case Report and a copy shall be faxed to the _______ in lieu of the return service copy.

A

MDPD Court Services Bureau.

45
Q

A photocopy of the Service Package Cover Sheet shall be forwarded to the ______.

A

Records Management Section

46
Q

Officers may not arrest for civil violations of court orders. In those cases, the petitioner shall be referred to the _____.

A

Clerk of the Courts.

Examples of civil violations include:

  1. Failing to pay child support or failing to comply with other financial obligations;
  2. Failing to attend the Batterers’ Intervention Program; or
  3. Failing to take some action such as returning victim’s property.
47
Q

The Department shall enforce foreign (i.e., out-of-state) injunctions pursuant to applicable state and
federal laws. If the respondent is found in possession of a firearm,_______ shall be notified immediately.

A

federal authorities

48
Q

Recognition of Foreign Protection Orders, FS 741.315(2), requires that an injunction for protection against domestic violence issued by a court of a foreign state (another state, the District of Columbia, an Indian tribe, territory, commonwealth, or possession of the United States) must be accorded _____ in the State of Florida.

A

full faith and credit

49
Q

Before enforcing a foreign protection order, officers should confirm the identity of the parties
present and review the order to determine that it has not

A

expired

50
Q

Presentation of a certified or true copy of the protection order is ____ as a condition of enforcement, provided that a conflicting certified copy is not presented by the individual against whom enforcement is sought

A

not required

51
Q

When there is a refusal by a non-custodial parent, who is located inside a structure or dwelling at the
time, to surrender their child in accordance with a valid court order granting custody to the other
parent, the officer serving the injunction shall seek the issuance of a ________.

A

Break order

52
Q

the officer serving the injunction shall seek the issuance of a Break Order (authorization for
forced entry) only if the officer:

A
  1. Has “knocked and announced” his presence; and
  2. Has a good faith basis to believe the child is inside the structure or dwelling; and
  3. Knows the location of the custodial parent for immediate delivery of the child.
53
Q

The officer shall contact the PSCU to obtain the number of the on-call _____ .The officer shall contact the ASA who shall be requested to contact a Domestic Violence Judge to determine whether to issue a Break Order.

A

Domestic Violence Assistant State Attorney (ASA).

54
Q

A _____ Break Order by the judge shall be accepted and documented on the Case Report.

A

verbal

55
Q

If the judge finds that a Break Order is not appropriate, the officer shall instruct the custodial parent
to file an _____ before the court requesting enforcement of the custody order.

A

emergency motion

56
Q

What is the Domestic Violence Squad

A

The DVS is a crisis intervention, investigative, and victim advocacy support squad within the CIU.

57
Q

A Victim Advocate shall be assigned to the victim during the initial and/or follow-up investigation, if needed.
Victim Advocates shall complete a ______ upon the conclusion of advocacy services in domestic/dating violence cases.

A

“Criminal Investigations Unit Supplemental Report”

58
Q

DATING VIOLENCE

A

“Violence between individuals who have or have had a continuing
and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be
determined based on the consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the expectation of affection or
sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the relationship must
have included that that persons have been involved over time and on a continuous basis during
the course of the relationship
The term does not include violence in a casual acquaintanceship or violence between individuals who only
have engaged in ordinary fraternization in a business or social context

59
Q

DOMESTIC VIOLENCE

A

“Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal
offense resulting in physical injury or death of one family or household member by another family or household member
It is the intent of this policy that the domestic violence definition applies to lesbian, gay and transgender
couples. Also included within the scope of this policy is behavior in violation of state and federal statutes that
are designed to address domestic violence. State and local law enforcement officers should enforce state
statutes and some federal statutes while coordinating with federal law enforcement on the enforcement of
other federal statutes.

60
Q

FAMILY OR HOUSEHOLD MEMBER

A

“Spouses, former spouses, persons related by blood
or marriage, persons who are presently residing together, as if a family, or who have resided together in the
past, as if a family, and persons who are parents of a child in common regardless of whether they have been
married. With the exception of persons who have a child in common, the family or household member must
be currently residing or have in the past resided together in the same single dwelling unit.”

Sergeants test 2020 (5 decks)

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