Protection Orders and Harassment
48 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does the term 'Ex parte' signify in legal context?

  • A protection order issued without prior notice (correct)
  • An order requiring both parties to present evidence
  • A protection order issued after a hearing
  • A restraining order that allows contact

    • Which of the following best describes a 'Show Cause Order'?

  • An order requiring both parties to appear in court before protection is granted (correct)
  • An order that automatically grants protection to the applicant
  • An order allowing the respondent to contact the applicant
  • An order that provides immediate protection without verification

    • What constitutes a 'credible threat'?

  • An unintentional threat made in jest
  • A threat made with intent and ability to instill fear (correct)
  • A threat that cannot be carried out
  • Any statement made in anger

    • What is the main purpose of a Protection Order?

    <p>To provide protection to victims of domestic violence or stalking (C)</p> Signup and view all the answers

    Which of the following actions would not be considered harassment?

    <p>Occasionally expressing discontent through social media (D)</p> Signup and view all the answers

    Who is defined as the 'Applicant' in the context of a Protection Order?

    <p>The person who files for a protection order (B)</p> Signup and view all the answers

    What does an Exclusionary Order specifically prevent?

    <p>The respondent from entering specific locations occupied by the applicant (B)</p> Signup and view all the answers

    What is required for behavior to legally qualify as 'stalking'?

    <p>Repeatedly following and harassing an individual with intent to intimidate (A)</p> Signup and view all the answers

    What is the classification for a person who violates a Protection Order without prior convictions?

    <p>Class I Misdemeanor (B)</p> Signup and view all the answers

    What additional charge applies to an individual violating a Protection Order while possessing a firearm?

    <p>Possession of a Firearm by a Prohibited Person (B)</p> Signup and view all the answers

    Who is responsible for the follow-up contact with the victim after a Protection Order violation incident report is completed?

    <p>Victim/Witness Assistance Division (B)</p> Signup and view all the answers

    What must officers do at the time of booking for a Protection Order violation?

    <p>Leave a copy of the Incident Report (C)</p> Signup and view all the answers

    Which entity should all completed Incident Reports regarding Protection Order violations be forwarded to?

    <p>Victim/Witness Assistance Division (A)</p> Signup and view all the answers

    When making an arrest for a Protection Order violation, what is one of the roles of the Forensic Investigations Unit?

    <p>Photograph physical injuries (A)</p> Signup and view all the answers

    What is the classification for someone who has prior convictions and violates a Protection Order?

    <p>Class IV Felony (D)</p> Signup and view all the answers

    What is the charge for someone carrying a firearm while violating a Protection Order, without prior convictions?

    <p>Carrying a Firearm or Destructive Device During the Commission of a Dangerous Misdemeanor (D)</p> Signup and view all the answers

    What constitutes the commission of terroristic threats?

    <p>Threatening to commit a crime of violence with intent to terrorize (B)</p> Signup and view all the answers

    Which of the following is NOT a condition to establish probable cause for arrest under a Protection Order?

    <p>The violator is causing noise disturbances in the neighborhood (A)</p> Signup and view all the answers

    What action must officers take when responding to a violation of a Protection Order?

    <p>Establish probable cause for arrest (A)</p> Signup and view all the answers

    When can police arrest a suspect violating a Protection Order?

    <p>Anytime the suspect engages in listed prohibited actions (A)</p> Signup and view all the answers

    What does the Information Channel Operator verify regarding a Protection Order?

    <p>The day and time the Protection Order was served (C)</p> Signup and view all the answers

    Which statement about the applicability of a Protection Order is true?

    <p>It is valid at multiple locations related to the victim (A)</p> Signup and view all the answers

    What kind of behavior constitutes harassment under the Protection Order procedure?

    <p>Repeatedly contacting the victim by phone (C)</p> Signup and view all the answers

    What is not a requirement for officers enforcing a violation of a Protection Order?

    <p>Obtaining a signed confession from the suspect (A)</p> Signup and view all the answers

    What primary document must the Prosecutor's Office obtain to confirm the existence of a Protection Order?

    <p>Proof of Service (A)</p> Signup and view all the answers

    When can officers be called to the scene regarding property transfers under a valid Protection Order?

    <p>When parties are transferring property (C)</p> Signup and view all the answers

    What must officers verify regarding the respondent before a transfer of property can occur?

    <p>That the Protection Order has not expired and has been served (D)</p> Signup and view all the answers

    What action should officers take if they cannot contact the party in possession of the property?

    <p>Cancel the transfer of property (C)</p> Signup and view all the answers

    Why are officers required to notify the subject of the Protection Order regarding a pat down search?

    <p>To increase safety for all involved during property transfer (B)</p> Signup and view all the answers

    What type of property may officers be present to assist with during a transfer?

    <p>Basic living necessities like clothing and keys (A)</p> Signup and view all the answers

    What is an important step officers must take regarding the parties involved in the property transfer?

    <p>Conduct a complete data check for outstanding warrants (B)</p> Signup and view all the answers

    What is recommended for officers to do before the property transfer takes place?

    <p>Contact the party possessing the property in advance (D)</p> Signup and view all the answers

    What is the role of the Douglas County Sheriff’s Office when a Protection Order is served?

    <p>They are responsible for the immediate removal of the violator(s). (D)</p> Signup and view all the answers

    If OPD officers encounter a violator after the Protection Order has been served, what is the correct course of action?

    <p>They must arrest and book the violator immediately. (B)</p> Signup and view all the answers

    What must an officer include in the Incident Report if they do not enforce a Protection Order for any reason?

    <p>An explanation of why the Protection Order was not enforced. (D)</p> Signup and view all the answers

    In cases of probable cause but the violator is not present, where must reports for Domestic Abuse Protection Orders be sent?

    <p>To the Domestic Violence Squad for follow-up. (A)</p> Signup and view all the answers

    What category of Protection Orders requires sending all reports to the Child Sexual Assault Squad or the Adult Sexual Assault Squad for follow-up?

    <p>Sexual Assault Protection Orders, particularly those involving sexual assault. (B)</p> Signup and view all the answers

    What must be completed if an Incident Report is not written for a Protection Order violation?

    <p>An Information Report explaining the lack of enforcement. (A)</p> Signup and view all the answers

    Which squad should receive reports related to non-DV related Harassment Protection Orders?

    <p>Assault Unit. (A)</p> Signup and view all the answers

    What are the two applicable responses for Sexual Assault Protection Orders based on the context of the violation?

    <p>Report to Child Sexual Assault Squad or Adult Sexual Assault Squad. (B)</p> Signup and view all the answers

    What is the initial step an employee must take before filing a Protection Order application related to work-related incidents?

    <p>Contact the City Law Department. (B)</p> Signup and view all the answers

    If an accused employee receives a Domestic Abuse Protection Order, what is the immediate action they must take regarding their supervisor?

    <p>Notify and provide a copy of the order. (C)</p> Signup and view all the answers

    What should an accused employee do if they wish to contest a Protection Order?

    <p>Request a court hearing within five days after service. (C)</p> Signup and view all the answers

    What happens if an accused employee does not request a court hearing regarding a Protection Order?

    <p>They will have to comply with the Protection Order for one year. (A)</p> Signup and view all the answers

    According to the policy, what must employees do with their personally owned firearms if they are subject to a Protection Order?

    <p>Surrender them to a supervisor or eligible third party. (A)</p> Signup and view all the answers

    What is the responsibility of the Internal Affairs Unit regarding the firearms of employees subject to a Protection Order?

    <p>They maintain a record of the firearms and their disposition. (C)</p> Signup and view all the answers

    Under what condition may sworn employees carry a department-owned loaner firearm while under a Protection Order?

    <p>If approved by their supervisor. (D)</p> Signup and view all the answers

    What documentation is required when an accused employee forwards a Protection Order and an explanation of circumstances?

    <p>An Inter-Office Communication. (B)</p> Signup and view all the answers

    Study Notes

    Protection Orders and Harassment Policy

    • The Omaha Police Department (OPD) enforces Protection Orders issued by the State of Nebraska and other jurisdictions, and enforces the City of Omaha Telephone Harassment Code.

    Definitions

    • Applicant (Plaintiff): The person who sought the Protection Order.
    • Credible Threat: A threat made with intent and apparent ability to carry out the threat, causing reasonable fear for safety.
    • Exclusionary Order: A restraining order excluding the respondent from the applicant's premises.
    • Ex parte: A Protection Order issued without prior hearing and notice to the other party.
    • Harassment: Knowingly engaging in conduct seriously terrifying, threatening, or intimidating a specific person, without legitimate purpose.
    • Protection Order: A court order protecting victims of domestic violence or stalking, prohibiting restraint, harassment, threats, and contact with the applicant.
    • Respondent (Defendant): The person against whom a Protection Order is issued.
    • Show Cause Order: Requires parties to come to court to decide whether to issue a Protection Order, doesn't grant protections.
    • Stalking: Willfully harassing another person with intent to injure, terrify, threaten, or intimidate.
    • Terroristic Threat: Threatening violence with intent to terrorize, evacuate, or cause terror.

    Procedures

    • Officers responding to calls involving Protection Order violations: Need to establish probable cause, including the following:

      • The violator is restricting the victim's personal liberty.
      • The violator is threatening, assaulting, molesting, or disturbing the victim's peace.
      • The violator is threatening, assaulting, molesting, or disturbing a minor child's peace.
      • The violator is on the victim's premises.
      • The violator is harassing the victim (by phone, in person, stalking).

    • Officers need to verify the Protection Order's existence:

      • Contacting the Information Channel Operator to verify the order and service.

    • Cases where a Protection Order is suspected of being violated, but the violator isn't present:

      • Officers complete an Incident Report explaining why the order wasn't enforced.

    Protection Orders and Employees

    • City employees who are subject to a Protection Order must inform their supervisors, provide a copy, and report the order to the Office of the Chief of Police.

    • OPD employees who are subject to Domestic Violence, Sexual Assault, or Harassment Protection Orders are required to notify their supervisors and provide a copy of the order. They must follow an Inter-Office Communication informing their supervisors and the Chief of Police.

    • Employees must surrender firearms and ammunition to their attorneys, a third party, or supervisor.

    Foreign Protection Orders

    • Valid foreign harassment Protection Orders are enforced as if issued by the State of Nebraska.

    Hold for Service of a Protection Order

    • Douglas County Sheriff's Office (DCSO) is responsible for serving Protection Orders.

    Other important points

    • Officers will verify the Protection Order is current and the respondent has been served.
    • Officers conduct a complete data check for outstanding warrants.
    • Officers contact the party in possession of property to ascertain if they will assist with transfer.
    • If an officer isn't certain the Protection Order is valid and it's a Sexual Assault or Domestic Abuse Protection Order, the order must be enforced.
    • If an officer is arrested for violating a Protection Order, they are no longer permitted to carry a firearm on-duty.

    Laws and Codes

    • Nebraska Revised Statutes (specific sections).
    • Omaha City Municipal Codes (20-62).
    • Previous OPD orders related to Protection Orders etc.
    • PPM Monthly Updates.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Protection Orders and Harassment Policy PDF

    Description

    Test your knowledge on the enforcement of Protection Orders and harassment policies as outlined by the Omaha Police Department. This quiz covers key definitions, rights, and processes involved in handling harassment cases. Enhance your understanding of legal protections against domestic violence and stalking.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser