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Questions and Answers
According to OPD policy, what level of crime is a violation of a Restraining Order under NRS §42-357?
According to OPD policy, what level of crime is a violation of a Restraining Order under NRS §42-357?
- Class III Felony
- Class I Felony
- Class II Misdemeanor (correct)
- Class I Misdemeanor
What action must an officer take to verify a Restraining Order violation according to OPD policy?
What action must an officer take to verify a Restraining Order violation according to OPD policy?
- Verify service of the order through the Clerk of the District Court.
- Review a copy of the order provided by the complainant. (correct)
- Consult with their legal counsel about the restraining order.
- Contact the Channel 6 Information Operator.
Under what circumstance can an officer arrest a violator of a Restraining Order, according to OPD policy?
Under what circumstance can an officer arrest a violator of a Restraining Order, according to OPD policy?
- If the officer suspects a violation has occurred, regardless of verification.
- If the complainant alleges a violation, even without a copy of the order.
- If the violator is present and involved in conduct prohibited by the order, and the officer verifies service through the complainant's copy. (correct)
- If there is any evidence that the violator was aware of the Restraining Order, even without proof of service.
In the event that an officer responds to a call regarding a Restraining Order violation but cannot determine if the violator was served, what action should the officer take?
In the event that an officer responds to a call regarding a Restraining Order violation but cannot determine if the violator was served, what action should the officer take?
Which of the following tasks is the responsibility of the prosecutor's office regarding Restraining Order violations?
Which of the following tasks is the responsibility of the prosecutor's office regarding Restraining Order violations?
An officer responds to a call where an individual is present at a location they are expressly prohibited from being at by a Restraining Order. The officer confirms the individual was served. According to OPD policy, what action should the officer take?
An officer responds to a call where an individual is present at a location they are expressly prohibited from being at by a Restraining Order. The officer confirms the individual was served. According to OPD policy, what action should the officer take?
In investigating a Restraining Order violation that resulted in visible bodily harm, what additional investigative step is mandated by OPD policy?
In investigating a Restraining Order violation that resulted in visible bodily harm, what additional investigative step is mandated by OPD policy?
An officer is called to a scene involving a reported Restraining Order violation. Upon arrival, both the complainant and alleged violator are present. The complainant states they have the only copy of the restraining order back at their house, but vividly remembers the terms, and insists the violator is in breach. What should the officer do?
An officer is called to a scene involving a reported Restraining Order violation. Upon arrival, both the complainant and alleged violator are present. The complainant states they have the only copy of the restraining order back at their house, but vividly remembers the terms, and insists the violator is in breach. What should the officer do?
Flashcards
Restraining Order Enforcement Policy
Restraining Order Enforcement Policy
OPD officers must enforce Restraining Orders issued under NRS §42-357. Violation is a Class II Misdemeanor.
Initial Actions for Violation Calls
Initial Actions for Violation Calls
Establish probable cause for arrest and verify service of the order on the violator.
Restraining Order Verification
Restraining Order Verification
Officers can ONLY verify service if the complainant has a copy to review.
Complainant's Copy Information
Complainant's Copy Information
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Arrest Conditions
Arrest Conditions
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Post-Arrest Procedures
Post-Arrest Procedures
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Prohibited Location
Prohibited Location
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Exceptions to Arrest
Exceptions to Arrest
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Study Notes
- The Omaha Police Department (OPD) policy mandates officers to enforce violations of Restraining Orders issued under Nebraska Revised Statute (NRS) §42-357.
- Violation of a Restraining Order's terms is a Class II Misdemeanor.
Procedure for Enforcement
- Officers responding to calls about Restraining Order violations must establish probable cause for arrest and confirm the violator was served with the order.
- Service of a Restraining Order is verified ONLY if the complainant has a copy for the officer to review.
- Restraining Orders cannot be verified through the Channel 6 Information Operator, unlike Protection Orders.
- The complainant's copy of the Restraining Order lists restrictions on the violator, the date of service, and the order's expiration date.
Arrest Protocol
- If the violator is present, engaged in prohibited conduct, and proof of service exists via the complainant's copy, an arrest will occur.
- A PortalONE Incident Report (OPD Form 189) must be completed following an arrest.
- Investigations for Restraining Order violations are treated as misdemeanor crimes, including interviews with victims and witnesses.
- Forensic Investigations may be used to photograph injuries or gather evidence.
- If a Restraining Order expressly prohibits a party from being at a location and they are present, the violator can be arrested per NRS §42-357.
- The prosecutor's office is responsible for acquiring a copy of the Restraining Order from the Clerk of the District Court before the violator's court appearance.
Exceptions to Arrest
- If the violator is absent upon the officer's arrival, or the officer cannot confirm service, no arrest should be made.
- In such cases, officers must document all circumstances in an Information Report (OPD Form 42) and advise the complainant to seek legal counsel.
- The OPD does not handle "Contempt" issues related to Restraining Orders.
- Officers are still authorized to enforce Ordinances and State Statutes regarding offenses like assault, disturbing the peace, or disorderly conduct if witnessed.
Post-Enforcement
- Incident Reports and Information Reports regarding Restraining Order violations are assigned to the Assault Squad or the Domestic Violence Squad.
- The Omaha/Douglas County Victim/Witness Assistance Unit will follow up on these cases.
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Description
Omaha Police Department policy on enforcing Restraining Orders. Officers must establish probable cause and verify service through the complainant's copy. Violators engaged in prohibited conduct will be arrested, and a PortalONE Incident Report completed.
