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Questions and Answers
What is the role of the follow-up investigator in cases of domestic violence involving felonious or aggravated assault?
When should a victim be recontacted after a domestic violence incident?
What should be obtained from the Emergency Communication Center (ECC) after a domestic violence incident?
What is the primary purpose of a Temporary Protection Order (TPO) in domestic violence cases?
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Under which circumstances may a Temporary Protection Order (TPO) be issued in addition to other charges?
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What should happen to a Temporary Protection Order (TPO) once a criminal charge has been resolved?
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What does the follow-up investigator need to communicate to the victim?
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What kind of medical records should be obtained if applicable in a domestic violence investigation?
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When can an arresting officer sign the appropriate affidavits and complaints for charges?
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What should be done if there is a prior conviction for domestic violence and the current offense does not constitute a threat?
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What is the purpose of completing a Form 527A, Case and Bond Information Sheet?
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What is a necessary step when photographing a victim's injuries?
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What action should be taken if personal cameras are used to photograph evidence?
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What should an officer do before signing a felony charge for a domestic violence offense?
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What information must be provided to a victim of domestic violence?
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What is required when there is probable cause of a domestic violence offense?
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What is the primary purpose of completing a written allegation (Form 311VS) in incidents of domestic violence?
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When is it acceptable for the police to arrest an alleged offender in a domestic violence case without the victim's consent?
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What should an officer do if the offender is not present at the scene of a domestic violence incident?
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Which of the following factors is NOT important in establishing probable cause for arrest in a domestic violence situation?
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What should an officer do if a victim refuses to complete and sign Form 311VS?
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What is a crucial aspect an officer must document to support a charge of domestic violence?
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What criteria help in identifying the primary physical aggressor during a domestic violence incident?
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In the event of competing claims of abuse, which factor should an officer consider when deciding whom to arrest?
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Study Notes
Domestic Violence Offenses
- Arresting officers will sign affidavits and complaints for all domestic violence charges regardless of the complainant's cooperation.
- Felony charges for domestic violence are signed by the officer if a prior conviction exists.
- Misdemeanor domestic violence charges with prior convictions involving threats will be signed by the officer.
- Officers will sign a TPO (Temporary Protection Order) request when filing charges for domestic violence, felonious assault, or aggravated assault.
- Form 527A, Case and Bond Information Sheet, should be completed to assist the judge with setting bond and TPO terms.
Documentation and Evidence
- When possible, a camera should be used to photograph visible and alleged injuries sustained during a domestic violence incident.
- Photos should include one full frontal photo of the victim and one of each injury.
- Photographs should contain the RMS case number.
- Department issued cameras are to be used whenever possible.
- If a personal camera or cell phone is used, obtaining a search warrant to access pictures may be necessary.
Probable Cause
- The victim, or the parent of a child victim, completing a written allegation describing the elements of domestic violenza (Form 311VS) is recommended, but not required.
- The officer's personal knowledge and observation of the incident can be used to establish probable cause in the absence of a written statement.
- Reliable information from any witnesses can be used to support the establishment of probable cause.
Arresting the Primary Physical Aggressor
- When probable cause is established, the primary physical aggressor should be identified and arrested.
- If the offender is not on scene, identification and location information should be broadcast.
- If probable cause exists and the offender is not on scene, warrants will be issued for their arrest.
- The victim/complainant should complete the Form 311VS, even if they refuse to do so a note indicating their refusal should be included.
Felonious Assault, Aggravated Assault and Abduction
- Cases involving these offenses arising from domestic violence are assigned to a district investigator.
- If the victim is hospitalized and death appears imminent, the case will be investigated by CIS.
Follow Up Investigation
- Investigators will recontact victims within 48-72 hours to obtain additional information, photographs, or medical records.
- The victim will be provided with the investigator's information.
- Audio tapes of 911 calls are to be obtained.
- Further investigation will be conducted based on the information obtained.
- Communication with the DVERT advocate will be initiated if applicable,
Temporary/Civil Protection Orders
- TPO's may be issued in addition to charges for domestic violence, assault, menacing by stalking, or trespassing involving a family or household member.
- TPOs are only in effect until their disposition, revocation, or the issuance of a CPO based on the same activities.
- Procedures for investigating violations of Temporary/Civil Protection Orders are outlined in Procedure 12.413.
- Out-of-state TPO and CPO court orders are enforceable and should be dealt with following Procedure 12.413, Section A.
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Description
This quiz covers the procedures and documentation required for handling domestic violence offenses, including the roles of arresting officers and the importance of photographic evidence. It outlines the necessary steps for filing charges and obtaining protection orders. Test your knowledge on legal protocols related to domestic violence incidents.