12.412 Domestic Violence Offenses and Documentation

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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?

To conduct the trial against the defendant.

To file charges against the suspect immediately.

To provide legal counsel to the victim.

To ensure the victim is contacted and relevant information is gathered. (correct)

When should a victim be recontacted after a domestic violence incident?

Within 48 to 72 hours. (correct)

Within 1 to 2 days.

Within 24 hours.

After 1 week.

What should be obtained from the Emergency Communication Center (ECC) after a domestic violence incident?

Audio tape copies of 911 calls. (correct)

Jury instructions.

Witness statements.

Legal advice.

What is the primary purpose of a Temporary Protection Order (TPO) in domestic violence cases?

To protect the victim until a court ruling. Signup and view all the answers

Under which circumstances may a Temporary Protection Order (TPO) be issued in addition to other charges?

When there are charges like domestic violence or menacing by stalking. Signup and view all the answers

What should happen to a Temporary Protection Order (TPO) once a criminal charge has been resolved?

It is in effect until the disposition of the charge or other court actions. Signup and view all the answers

What does the follow-up investigator need to communicate to the victim?

The investigator’s name, badge number, and business phone number. Signup and view all the answers

What kind of medical records should be obtained if applicable in a domestic violence investigation?

Medical records of the suspect if they exist. Signup and view all the answers

When can an arresting officer sign the appropriate affidavits and complaints for charges?

When the complainant refuses to cooperate but there is probable cause Signup and view all the answers

What should be done if there is a prior conviction for domestic violence and the current offense does not constitute a threat?

Charge as a felony after confirming with the Clerk's Office Signup and view all the answers

What is the purpose of completing a Form 527A, Case and Bond Information Sheet?

To assist the judge in setting bond and TPO terms Signup and view all the answers

What is a necessary step when photographing a victim's injuries?

Taking at least one photograph of each injury and area affected Signup and view all the answers

What action should be taken if personal cameras are used to photograph evidence?

Obtain a search warrant if necessary as part of the evidence Signup and view all the answers

What should an officer do before signing a felony charge for a domestic violence offense?

Confirm the prior convictions with the Clerk's Office Signup and view all the answers

What information must be provided to a victim of domestic violence?

Ohio Attorney General's victim rights booklet Signup and view all the answers

What is required when there is probable cause of a domestic violence offense?

Affidavits and complaints can be signed by the officer Signup and view all the answers

What is the primary purpose of completing a written allegation (Form 311VS) in incidents of domestic violence?

To document the elements of domestic violence for investigation Signup and view all the answers

When is it acceptable for the police to arrest an alleged offender in a domestic violence case without the victim's consent?

When probable cause exists, regardless of the victim's consent Signup and view all the answers

What should an officer do if the offender is not present at the scene of a domestic violence incident?

Attempt to identify the offender and broadcast their description Signup and view all the answers

Which of the following factors is NOT important in establishing probable cause for arrest in a domestic violence situation?

The victim’s previous relationship history with the offender Signup and view all the answers

What should an officer do if a victim refuses to complete and sign Form 311VS?

Document that the victim refused on the form and continue with the investigation Signup and view all the answers

What is a crucial aspect an officer must document to support a charge of domestic violence?

The written allegation describing the elements of the violence Signup and view all the answers

What criteria help in identifying the primary physical aggressor during a domestic violence incident?

Each participant's reasonable fear of the other based on their past violence Signup and view all the answers

In the event of competing claims of abuse, which factor should an officer consider when deciding whom to arrest?

The overall history of violence between the parties Signup and view all the answers

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.