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Family Violence and Related Assaultive Offenses
Terms in this set (58)
Victims of family violence may experience what?
-Feelings of guilt
-Feelings of low self-esteem, feeling like violence is justified
-May be isolated and untrusting
-may be dependent on abuser economically and emotionally
-may feel powerless to do anything to change situation
-may blame themselves
-may be in denial that it is that bad
-may have a passive personality or be aggressive
questioning their sanity
What are some common characteristics of family violence offenders?
- Majority is male-on-female violence
-extreme jealousy and accuse partner of constant infidelity
-usually feels very poorly of themselves and have low self-esteem
-Has probably witnessed and/or been the victim of family violence as a child or young adult battering
-believes that the male is ruler and head of household
-blames others for actions and rarely takes any personal responsibility unless he will benefit
-may act differently in public than at home
-may be hateful and ugly to everyone
-unable to deal w/ stress
- uses sex aggressively to maintain power and control
-does not believe his behavior should have negative consequences
-may be angry and socially isolated
-Denies/minimizes the seriousness of the violence
-Has a history of abuse
-uses violence to get what he wants and solve problems
-may be extremely moody and have mood swings
What are some theories on the causes of family violence abuse?
-It works to get the batterer what he wants
-Is learned behavior
-Sex role stereotypes clearly defined roles for boys and girls
-Stressors and lack of control: finances, isolation, children
True or False: The violence usually increases in frequency and severity over time.
Biggest reason for family violence?
Power and control
What are the 3 types of abuse often occurring in family violence incidences?
This is the most obvious form of abuse and includes pulling, shoving, slapping, hitting, punching, etc.
This type of abuse is characterized by forced sexual intercourse, not allowing use of birth control, use of objects, or forced sex w/ others.
This type of abuse is characterized by:
-ignoring for long periods of time
-verbal abuse: constant allegations of infidelity
-Isolation: preventing contact w/ others
-severing family ties
-injuring or killing pets
-destroying personal possessions
-belittling in front of family/friends and humiliating/degrading acts
This model is preferred when discussing types of behaviors that offender does in order to maintain power and control.
Power and Control Wheel
What are some barriers to leaving an abusive relationship?
-financial dependence on abuser
-lack of an available support system
-victim's previous negative experience with the criminal legal system
-fear due to increased threats by the abuser when trying to leave
-loves the abusers but wants violence to stop
-children want to stay/return
-victim believes children need both parents
-immigrant victims face additional barriers.
What are the 5 options victims have?
2. kill batterer
3. commit suicide
4. stay and be passive
5. stay and be combative
What is usually the most dangerous option the victim has when dealing with a batterer?
True or False: When determining bodily injury, the officer determines the presence of bodily injury.
False, the victim determines bodily injury
"on one side only; by or for one party; done for, in behalf of, or on the application of one party only."
Black's Law Dictionary definition of ex parte protective order.
The deliberate, often repetitive, physical abuse by one family member against another.
True or False: It is often difficult for a peace officer to distinguish the primary aggressor in a family violence situation.
True or False: By arresting both parties, an officer makes a better decision because even if the female goes to jail, she will still have access to all of the services she needs to get away from the batterer.
What are some methods to determine the primary aggressor?
-Do not dismiss what the children say.
-Who poses the most danger to the other?
-Is one party in actual fear of the other?
-Was amount of force appropriate and reasonable?
-What are the severity of injuries?
-Is one party bigger and stronger?
-History of violence?
-Are any injuries due to self defense?
-Do the stories make sense?
-Check for other witnesses.
True or False: Only one officer is usually needed to respond to family violence situations.
False: At least 2 officers if possible.
Who should you obtain all of the information from prior to arriving on scene?
True or False: when you get to a family violence scene, you should park in the driveway to let them know you are there so they should stop fighting.
False, never park in the driveway or in front of the location.
What should you do as you approach a scene of family violence?
-Avoid the use of lights and sirens unless victim in imminent danger.
-Be alert for assailants leaving the scene.
-listen carefully and approach w/ caution.
What are the 2 reasons for an officer to enter the residence in a family violence situation?
1. Any resident consents to entry
2. Exigent circumstances
True or False: sometimes the 911 call itself may support the determination of exigent circumstances to enter a residence.
What are some ways of dealing with the family violence incident?
-Do not blame the victim
-Locate and interview complainant
-locate/interview involved parties
-locate an interpreter if necessary
-determine if weapons are involved
-observe and listen
-inform all parties of what action will take place.
Who should you never use as an interpreter when speaking with the victim?
a bi-lingual suspect;
avoid using children unless necessary
__% of crisis situations can be diffused through listening.
You only get _____ ______ at fresh crime scene evidence.
What is needed to charge a suspect of Assault w/ strangulation/suffocation (3rd degree felony)
Assault + family violence + strangulation/suffocation.
note, to prove strangulation/suffocation officer needs to show that blood flow or air flow was interrupted.
True or False: in every case of strangulation/suffocation, there will be visible bruising to help prove your case.
this is why it is important to ask the right questions when speaking with the victim.
A person who lives in a household or who previously lived in a particular household.
Member of household
A unit composed of persons living together n the same dwelling, whether or not they are related to each other.
1. individuals related by consanguinity or affinity.
2. individuals who are former spouses
3. individuals who are parents of the same child.
4. a foster child and foster parent.
These define what?
What is the venue for an application of a protective order?
- in the county where the applicant resided, or;
- in the county where the respondent resides
True or False: A valid protective order is only valid in the state where it was filed.
false, enforceable anywhere in the United States and US territories.
Who may file a protective order?
1. an adult member of a family or household for the protection of the applicant or other member of the applicant's family/household.
2. An adult member of the dating relationship
3. Any adult for protecting a child from family violence
4. A prosecuting attorney
5. Dep. of Protective and Regulatory Services
Contents of protective order application:
1. Names and counties of:
- applicant and victim
- alleged offender
2. The relationship between them
3. A request for one or more protective orders
In a temporary ex parte order, the court may direct the respondent to do or refrain from doing specific acts. How long is an temp. ex parte order valid for?
20 days; may be extended an additional 20 days.
True or False: a temporary ex parte order is criminally enforceable.
Protective order: Unless a later date requested by applicant, the court shall set time for hearing no later than ___ day after date application is filed.
Required finding: The court shall find ________ family violence has occurred; and
-whether it is likely to occur in the future.
True or False: A protective order can grant exclusive possession of a residence to a certain party and direct one or more parties to vacate the residence.
What can a court order in a protective order?
1. remove a child from the possession of a person listed or transferring property.
2. grant exclusive possession of a residence to a party
3. provide for possession of and access to a child of a party.
4. Require payment of monetary support for a party or child
5. award to a party the use and possession of specified property
True or False: A protective order may order a person found to have committed family violence to complete a battering intervention and protection program and get counseling.
How long is a protective order effective for?
The protective order shall be delivered to the person to whom the order applies in _____ ______ at the close of the hearing, personally served elsewhere, or served by registered or certified mail.
Who keeps records of active protective orders?
- the law enforcement agency in their records of outstanding warrants.
On receipt of a protective order from the clerk of issuing court, how long does law enforcement have to enter the protective order into TCIC?
What is the civil penalty for violating a protective order?
What is the minimum criminal penalty for violation of protective order?
Class A misdemeanor
When is violating a protective order a 3rd degree felony?
-2 or more previous convictions; or
- violated order by committing assault or stalking.
A peace officer, without warrant, _____ arrest when they have probable cause to believe a person has violated a protective order.
Magistrates order for emergency protection (MOEP): how long is this order valid?
valid up to 91 days if deadly weapon was used or exhibited.
Who can request MOEP?
What should a peace officer's affidavit contain when arresting someone for violation of a PO?
-The cause number
-the date issued
-the issuing court
-full info on protected persons, respondent, and others involved
-what provision was violated
Respondent found in violation of PO within peace officer's view, officer ___ arrest;
Officer has probable cause to believe respondent violated PO not in their view, officer ___ arrest;
If respondent violates a temporary ex parte order and is still on scene, what should the officer do?
-advise them to leave the scene or will be in contempt of court. (crim. trespass could be a charge)
-that they can be arrested for violating the order or any other crime they committed.
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