Study exam 3 Flashcards
What is a “Summons”?
a writ or order issued by a court ordering certain named individuals to appear in court or to file a written answer to a claim made in a complaint against him/her
What is a “petition”?
a legal document formally requesting a court order filed by a petitioner requesting action
What is “proof of service” when relating to written process services?
in writing with the time, place, and manner of service and officer’s name.
A private citizen - a written affidavit as to the time, place, and manner of service.
What is “Executions and Exemptions” with a written process?
Order or decree by the court to seize/garnish/withhold assets,chattel, real estate as collateral for an offense
What is a “Habeas Corpus”?
a person can report an unlawful detention or imprisonment to a court to determine whether the detention is lawful
What is a “Replevin”?
a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses
What are the timeframes for landlord tenant actions?
summons must be given:
- Contract action: 10 day notice to leave (Or to house resident 15yrs old or older)
- at least 4 days before the initial court date (called the “return date”)
What is a “Writ of Scire Facias”?
used by plaintiffs to extend a court order if the time to pay the amount expires
(bail bonds, Property estate, Bank debt, Citation, Personal Recognizance Bonds)
What is “Interference with Legal Process?
A person who, knowing that another person is authorized by law to serve civil process, does something to prevent the civil service commits the offense of interference.
What is a “Commercial motor vehicle”?
used for carrying freight and merchandise, or more than eight passengers (pickup, limo, van)
Not including vanpools or shuttle buses
How old can you be to get a permit?
Instruction Permit — Eligible Age: 15
What are the four driver license?
Full Driver License (Class F)
For-Hire License (Class E)
Motorcycle License (Class M)
Commercial Driver License (Class A, B, or C)
What is the requirements of enforcing handicapped parking?
Permissible to park only if Displaying Valid Placard Or Appropriate Plate Display in spaces CLEARLY marked with Handicap Symbol, $50-300 fine
when are lighted lamps are required?
half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to be seen five hundred feet ahead
What are the Child safety seat requirements?
Children less than four years of age Or weighing less than forty pounds
When should a child be in a booster seat?
Children ages 4 through 7 who weigh at least 40 pounds must be in an appropriate child safety seat or booster seat unless they are 80 pounds or 4’9” tall.
What RSMo Chapter correlates with Vehicle Registration and Licensing?
301: Vehicle registration and licensing
What are some common characteristics of a batterer
Hypersensitivity- Easily offended
Verbally abusive
Rigid Gender roles
Dual personality
Past battering
Threats of violence
Physical force during an argument
Entitlement
Self centered
Superiority complex
Possessiveness
Confusing love with abuse
Manipulativeness
Contradictory statements
Externalization of behaviors
Denial,Victim Blaming, Minimization
Serial Battery
What is the Missouri Adult Abuse Act?
Domestic violence: a person may seek an order of protection from acts, attempts or threats from a family or household member or intimate partner; or from acts of stalking or sexual assault.
What are the elements of physical abuse
Pushing/shoving b.Restraining to prevent leaving c.Slapping/biting d.Kicking/choking e.Hitting/Punching f.Throwing objects g.Locking partner in/out of house h.Abandoning partner in dangerous place i.Refusing to aid sick partner j.Subjecting partner to reckless driving k.Forcing partner’s car off road l.Threatening/hurting with weapon
What’s are the three elements of the Power and Control Wheel?
Center- Power and control
Spokes- actions to maintain the aforementioned
Outside- behaviors
What is a primary physical aggressor?
is defined as the most significant, rather than the first, aggressor.
What is the cycle of violence?
Phase 1: Tension Building (Tension, Anger, blaming, arguing).
Phase 2: Violent Eruption
Phase 3: Calm, loving, denial-bonding stage. Remorse-Denial-Down Playing
What is the law that permits enforcement of protection orders issued in other states
“Full Faith and Credit”: Any order of protection issued by any other state, tribe, territory or possession of the U.S SHALL be enforced
What are some Elements of PHYSICAL ABUSE?
a.Pushing/shoving
b.Restraining to prevent leaving
c.Slapping/biting
d.Kicking/choking
e.Hitting/Punching
f.Throwing objects
g.Locking partner in/out of house
h.Abandoning partner in dangerous place
i.Refusing to aid sick partner
j.Subjecting partner to reckless driving
k.Forcing partner’s car off road
l.Threatening/hurting with weapon
What are Elements of SEXUAL ABUSE?
a.Regularly treats/speaks of women as sex objects
b.Insist partner dress in a more sexual way than she wants
c.Assumes partner would have sex with any man
d.Minimizes partner’s feelings about sex
e.Criticizes partner about sex
f.Insists on unwanted/uncomfortable touching
g.Withholds sex/affection as punishment
h.Calls partner sexual names
i.Forces/coerces partner to strip
j.Publicly shows sexual interest in others
k.Has affairs
l.Forces partner to have sex with him/others
m.Forces unwanted sex acts
n.Forces sex after/during violent acts
o.Forces sex when partner is sick
p.Forces sex to hurt partner
q.Commits sadistic sexual acts
What are some Elements of EMOTIONAL ABUSE?
a.Ignores partner’s feelings
b.Ridicules or insults women/men as a group
c.Ridicules partner’s beliefs
d.Withholds approval
e.Criticizes
f.Insults and/or drives away partner’s family and friends
g.Humiliates partner in public/private
h.Refuses to socialize with partner
i.Takes away car keys/money/personal property
j.Threatens to leave
k.Threatens partner’s family/friends
l.Punishes children when angry with partner
m.Threatens to kidnap children if partner leaves
n.Abuses pets to hurt partner
o.Tells partner about affairs
p.Harasses partner about affairs, real or imagined
q.Manipulates partner with lies/contradictions
What are the two types of Protection Orders?
Ex Parte and Full Order of Protection
What is abuse?
Any acts, attempts or threats against a person (not a child)
Having eight hundredth of one percent or more in the blood stream indicated what?
Intoxication
T/F A STARS report must be completed on all private property accidents
False
Within how many hours btwn domestic violence calls (same house) must you find and arrest the primary aggressor?
12 hours
