Ch 26 Domestic Disturbances

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Questions and Answers

What must officers believe to enter a dwelling during a domestic dispute when all parties refuse admission?

They have permission from at least one party.

They can enter if they suspect theft is occurring.

They have probable cause to prevent serious bodily injury. (correct)

They must notify a supervisor before entering.

Which of the following is NOT considered a remedy to reduce tension between disputing parties?

Involuntary confinement (correct)

Mediation

Temporary voluntary separation

Informed cooperation from social services

What action should officers take if one disputant requests them to leave after consent was given?

Leave unless another disputant requests them to stay. (correct)

Notify a supervisor before leaving the premises.

Stay until the conflict is fully resolved.

Assess the likelihood of future violence.

When is it acceptable for officers to force entry into a domestic dispute environment?

When it's necessary to protect life or property. Signup and view all the answers

In cases where a child is suspected to be in danger of abuse, what is the primary concern for officers?

To ensure the immediate welfare and safety of the child. Signup and view all the answers

What is the least intrusive remedy officers can offer during a domestic dispute?

Mediation Signup and view all the answers

What should officers do when they suspect criminal liability during a domestic dispute?

Inform disputants about possible criminal liability. Signup and view all the answers

What constitutes a domestic disturbance?

A dispute between members of the same family leading to police involvement. Signup and view all the answers

Which of the following best defines family violence?

The use of physical force by one household member against another during a disagreement. Signup and view all the answers

What is the meaning of 'in the presence of' in legal terms?

When an officer believes a crime is being committed based on their sensory perception. Signup and view all the answers

Which description fits 'common law marriage'?

A marriage recognized by mutual agreement and cohabitation without formal registration. Signup and view all the answers

What is the primary goal of mediation in a domestic dispute?

To facilitate communication and agreement between the disputing parties. Signup and view all the answers

What should officers do if a third party initiated the call regarding a disturbance?

Inform the third party of their right to file a complaint Signup and view all the answers

In response to a disturbance, what is the protocol for a first responding single officer unit?

Wait for backup before approaching the scene if prudent Signup and view all the answers

What actions should officers take when intervening in a dispute?

Control access to weapons and limit movement of persons involved Signup and view all the answers

What is the purpose of directing disputants into a public area during a disturbance?

To reduce the risk of violence and foster communication Signup and view all the answers

How should officers conduct themselves when resolving a dispute?

Maintain impartiality and avoid favoritism Signup and view all the answers

What should officers do when gathering facts in a domestic violence case?

Allow each disputant to present their story individually Signup and view all the answers

What should officers provide to adult victims of family violence?

The BCSO’s written 'Notice to Adult Victims of Family Violence' Signup and view all the answers

What is required for police to enter private premises in a domestic dispute situation?

Only the party requesting intervention needs to agree Signup and view all the answers

What should not be done when talking to disputants during an intervention?

Allow both parties to confront each other Signup and view all the answers

Which of the following is a recommended approach when dealing with disputes?

Stay informal and relaxed to ease tension Signup and view all the answers

Study Notes

Domestic Disturbances

Officers should not assist an evicted disputant in forcing entry unless it is necessary to protect life or property.
If all parties refuse entry, officers should only enter if they have probable cause to believe that immediate entry is necessary to prevent serious bodily injury or render emergency aid.
A supervisor should be informed in all other cases.
Officers should leave after entering with consent if one disputant requests it and no other disputant wants them to stay, unless an arrest is imminent or probable cause exists for an assault or other offense to occur without their presence.

Remedies for Domestic Disturbances

The goal is to de-escalate tension, minimize violence, and prevent future violence.
Officers should apply the most appropriate remedy in ascending order of intervention.
Possible remedies:
- Mediation
- Informing disputants of appropriate social, medical, or legal services
- Temporary voluntary separation
- Informing disputants of possible criminal liability
- Informing disputants of civil protective order, peace bond, and complaint procedures
- Voluntary surrendering of weapons
- Temporary and limited physical restraint
- Arrest
Officers should consider the welfare and safety of children in all domestic disputes.

General Procedure for Domestic Disturbances

Disturbances are often volatile and dangerous situations.
Two units or a two-man unit should be dispatched, if possible, with the first unit awaiting backup before approaching the scene.
If a third party initiated the call, inform them of their right to file a formal complaint with a JP court.
Officers should take charge, separate the disputants, control access to weapons, and limit movement.
The disputants should be directed to the most public area of the dispute location, such as the living room, unless circumstances make it desirable to talk to them in separate rooms.
Officers should allow each disputant to individually present their story.
Officers must remain impartial and deal with the disputants tactfully, avoiding brusqueness, irrelevant interrogation, intimidation, favoritism, or the appearance of favoritism.

Entry and Intervention on Private Premises

Officers may enter if one of the parties requests police intervention, even if other parties object.
In cases where one disputant locks out another, officers should not assist the evicted party in forcing entry unless it is immediately necessary to protect life or property.
If all parties to a domestic dispute voluntarily refuse to admit the officers to the dwelling, officers shall not enter unless they have probable cause to believe that immediate entry is necessary to prevent serious bodily injury or to render emergency aid to an injured person.

Definitions

Assault - A criminal act which causes bodily injury to another, including one's spouse; a threat against another, including one's spouse, of imminent bodily injury; any threat against another, including one's spouse, made while brandishing a deadly weapon.
Bodily Injury - Physical pain, illness, or any impairment of physical condition.
Breach of the Peace - Any unauthorized and unwarranted act which involves violence or which likely will provoke violence.
Common Law Marriage - A man and woman are married by common law if they agreed to be married, lived together as husband and wife, and represented to others that they were married.
Deadly Weapon - A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use can cause death or serious bodily injury.
Domestic Disturbance - A dispute, whether of a civil or criminal nature, which occurs between members of the same family (or between persons who share a similar intimate relationship) and results in contact with police officers.
Family - Includes individuals related by consanguinity or affinity, individuals who are former spouses of each other, individuals who are the biological parents of the same child, without regard to marriage or legitimacy, and a foster child and foster parent, whether or not those individuals reside together.
Family Violence - The intentional use or threat of physical force by a member of a family or household against another member of a family or household, but does not include the reasonable discipline of a child by a person having that duty.
Household - A unit composed of persons living together in the same dwelling, whether or not they are related to each other. (Member of household includes former member who has filed for protective order).
In the Presence of - When a police officer, through one or more of his five senses, has probable cause to believe that an offense is being committed, that offense occurs "in the presence of" the officer.
Intoxication - Any disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
Mediation - Guiding a discussion of the disputants about their problem to assist them in reaching agreement on a course of action that will end the immediate controversy.

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Description

This quiz covers the procedures and remedies for handling domestic disturbances by officers. It includes guidelines on when to enter a property, the importance of de-escalation, and possible interventions to minimize violence. Learn key strategies for effective conflict resolution in domestic situations.