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Questions and Answers
What must law enforcement provide to crime victims at the crime scene or during the investigation?
What must law enforcement provide to crime victims at the crime scene or during the investigation?
What is the primary purpose of the Victims' Rights Brochure?
What is the primary purpose of the Victims' Rights Brochure?
What information is included in the Notice of Legal Rights and Remedies Brochure?
What information is included in the Notice of Legal Rights and Remedies Brochure?
When must law enforcement provide the Notice of Legal Rights and Remedies Brochure to victims of domestic violence?
When must law enforcement provide the Notice of Legal Rights and Remedies Brochure to victims of domestic violence?
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What is the purpose of documenting the distribution of the Victims' Rights Brochure in the report?
What is the purpose of documenting the distribution of the Victims' Rights Brochure in the report?
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What is included in the Victims' Rights Brochure regarding the criminal or juvenile justice process?
What is included in the Victims' Rights Brochure regarding the criminal or juvenile justice process?
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What information is exempt from public inspection according to the Notice of Legal Rights and Remedies Brochure?
What information is exempt from public inspection according to the Notice of Legal Rights and Remedies Brochure?
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Who should victims of domestic violence contact for more information according to the Notice of Legal Rights and Remedies Brochure?
Who should victims of domestic violence contact for more information according to the Notice of Legal Rights and Remedies Brochure?
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What is the primary goal when investigating a potential case of abuse, neglect, or exploitation?
What is the primary goal when investigating a potential case of abuse, neglect, or exploitation?
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What should you do if the victim is in immediate danger and an API is not present?
What should you do if the victim is in immediate danger and an API is not present?
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What is one of the signs of physical abuse?
What is one of the signs of physical abuse?
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What is the primary purpose of a backup officer in a domestic violence incident?
What is the primary purpose of a backup officer in a domestic violence incident?
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What should you do if you do not find evidence of a crime?
What should you do if you do not find evidence of a crime?
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Who decides whether to remove the victim from the home?
Who decides whether to remove the victim from the home?
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What is the consequence of disclosing the location of a domestic violence center?
What is the consequence of disclosing the location of a domestic violence center?
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What is the purpose of a no contact order?
What is the purpose of a no contact order?
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What is the purpose of the law enforcement officer's role in the investigation?
What is the purpose of the law enforcement officer's role in the investigation?
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What is the requirement for obtaining an injunction?
What is the requirement for obtaining an injunction?
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Under what circumstances can an API conduct an emergency removal without a court order?
Under what circumstances can an API conduct an emergency removal without a court order?
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What is the legal consequence of violating a no contact order?
What is the legal consequence of violating a no contact order?
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What is the role of the law enforcement officer in an emergency removal?
What is the role of the law enforcement officer in an emergency removal?
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What is the role of a law enforcement officer in regards to an injunction from another state or country?
What is the role of a law enforcement officer in regards to an injunction from another state or country?
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What is the purpose of the Notice of Legal Rights and Remedies brochure?
What is the purpose of the Notice of Legal Rights and Remedies brochure?
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What is the liability of a law enforcement officer in making an arrest based on probable cause?
What is the liability of a law enforcement officer in making an arrest based on probable cause?
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What is the primary consideration when gathering information from a victim of abuse, neglect, or exploitation?
What is the primary consideration when gathering information from a victim of abuse, neglect, or exploitation?
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What should the officer do if the victim claims to have consented to the alleged criminal activity?
What should the officer do if the victim claims to have consented to the alleged criminal activity?
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Who should the officer interview to get a statement about the allegations?
Who should the officer interview to get a statement about the allegations?
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What should the officer do after the initial interviews and assessment of the scene?
What should the officer do after the initial interviews and assessment of the scene?
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What should the officer inform the victim about in terms of legal assistance?
What should the officer inform the victim about in terms of legal assistance?
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What is the role of the Adult Protective Investigator (API) in an investigation?
What is the role of the Adult Protective Investigator (API) in an investigation?
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What is the officer authorized to provide or arrange for under Chapter 415, F.S.?
What is the officer authorized to provide or arrange for under Chapter 415, F.S.?
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What should the officer do if the victim is elderly and needs legal assistance?
What should the officer do if the victim is elderly and needs legal assistance?
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What is the primary purpose of human trafficking?
What is the primary purpose of human trafficking?
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What is the percentage of proceeds received by the woman in the scenario?
What is the percentage of proceeds received by the woman in the scenario?
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What is an indicator of human trafficking?
What is an indicator of human trafficking?
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What is the definition of force in the context of human trafficking?
What is the definition of force in the context of human trafficking?
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What is a characteristic of human trafficking victims?
What is a characteristic of human trafficking victims?
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What is the purpose of the two threshold questions in determining human trafficking?
What is the purpose of the two threshold questions in determining human trafficking?
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What is an example of fraud in human trafficking?
What is an example of fraud in human trafficking?
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What is the Florida statute that defines human trafficking?
What is the Florida statute that defines human trafficking?
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Study Notes
Crimes Against Persons
- The Florida Statutes mandate distributing information to victims in the form of brochures or cards that include local contact information.
Victims' Rights Brochure
- The brochure provides information on:
- Availability of crime victim compensation
- Crisis intervention services, bereavement counseling, social service support referrals, and community-based victim treatment programs
- The role of the victim in the criminal or juvenile justice process
- The stages of the criminal or juvenile justice process
- The right of the victim to be informed, present, and heard during criminal or juvenile justice proceedings
Notice of Legal Rights and Remedies Brochure
- The brochure discusses:
- Definitions of domestic violence, sexual violence, dating violence, repeat violence, and stalking
- Florida's domestic violence law and how it can help victims
- What to do if the abuser violates an injunction
- Victim information exempt from public inspection
- Who to contact for more information
No Contact Order
- A no contact order prohibits:
- Any communication with the victim (or person named in the order)
- Physical or violent contact with the victim
- Presence within 500 feet of the victim's residence, vehicle, or workplace
Injunctions
- Victims can file for an injunction and complete an affidavit explaining why they need protection
- An injunction is a civil action, but its violation has criminal consequences
- Law enforcement honors injunctions from other states or countries
Adult Protective Investigator (API)
- API can conduct an emergency forcible entry without a court order if a situation presents a risk of death or serious injury and they cannot obtain consent for access
- API decides whether to remove the victim from the home and when and where to place them in protective custody
- Officer's role is to conduct a criminal investigation to determine if a crime has occurred
Gathering Information
- Take extra time to be sensitive to the person's needs
- Observe carefully, speak clearly, and be patient
- Physically separate the victim from the suspect
- Document the emotional and mental response of the victim
Course of Action
- Work with the API to determine the best course of action to ensure the victim's safety
- Inform the victim of their options, including filing an injunction for protection against exploitation of a vulnerable adult or domestic violence injunction
- Refer victims to the Florida Senior Legal Helpline or Disability Rights Florida for legal assistance
Human Trafficking
- Human trafficking involves holding people in forced service for commercial sex trade or legitimate labor
- Two threshold questions to determine if a person is a victim of human trafficking:
- Did the suspect recruit, transport, or hold the victim in the service of another for labor or commercial sex acts?
- Did the suspect get or keep the victim's service through force, threats, psychological manipulation, or confiscation of legal documents?
- Victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor.
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Description
Learn about the rights and services available to victims, witnesses, and their families, and how to provide local contact information as mandated by the Florida Statutes.