Podcast
Questions and Answers
What is the role of the follow-up investigator in cases of domestic violence involving felonious or aggravated assault?
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?
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 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?
What is the primary purpose of a Temporary Protection Order (TPO) in domestic violence cases?
Signup and view all the answers
Under which circumstances may a Temporary Protection Order (TPO) be issued in addition to other charges?
Under which circumstances may a Temporary Protection Order (TPO) be issued in addition to other charges?
Signup and view all the answers
What should happen to a Temporary Protection Order (TPO) once a criminal charge has been resolved?
What should happen to a Temporary Protection Order (TPO) once a criminal charge has been resolved?
Signup and view all the answers
What does the follow-up investigator need to communicate to the victim?
What does the follow-up investigator need to communicate to the victim?
Signup and view all the answers
What kind of medical records should be obtained if applicable in a domestic violence investigation?
What kind of medical records should be obtained if applicable in a domestic violence investigation?
Signup and view all the answers
When can an arresting officer sign the appropriate affidavits and complaints for charges?
When can an arresting officer sign the appropriate affidavits and complaints for charges?
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?
What should be done if there is a prior conviction for domestic violence and the current offense does not constitute a threat?
Signup and view all the answers
What is the purpose of completing a Form 527A, Case and Bond Information Sheet?
What is the purpose of completing a Form 527A, Case and Bond Information Sheet?
Signup and view all the answers
What is a necessary step when photographing a victim's injuries?
What is a necessary step when photographing a victim's injuries?
Signup and view all the answers
What should officers be aware of if their personal cameras are used to photograph evidence?
What should officers be aware of if their personal cameras are used to photograph evidence?
Signup and view all the answers
What should an officer do before signing a felony charge for a domestic violence offense?
What should an officer do before signing a felony charge for a domestic violence offense?
Signup and view all the answers
What information must be provided to a victim of domestic violence?
What information must be provided to a victim of domestic violence?
Signup and view all the answers
What is required when there is probable cause of a domestic violence offense?
What is required when there is probable cause of a domestic violence offense?
Signup and view all the answers
What is the primary purpose of completing a written allegation (Form 311VS) in incidents of domestic violence?
What is the primary purpose of completing a written allegation (Form 311VS) in incidents of domestic violence?
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 is it acceptable for the police to arrest an alleged offender in a domestic violence case without 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?
What should an officer do if the offender is not present at the scene of a domestic violence incident?
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?
Which of the following factors is NOT important in establishing probable cause for arrest in a domestic violence situation?
Signup and view all the answers
What should an officer do if a victim refuses to complete and sign Form 311VS?
What should an officer do if a victim refuses to complete and sign Form 311VS?
Signup and view all the answers
What is a crucial aspect an officer must document to support a charge of domestic violence?
What is a crucial aspect an officer must document to support a charge of domestic violence?
Signup and view all the answers
What criteria help in identifying the primary physical aggressor during a domestic violence incident?
What criteria help in identifying the primary physical aggressor during a domestic violence incident?
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?
In the event of competing claims of abuse, which factor should an officer consider when deciding whom to arrest?
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
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.