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9 Cards in this Set
- Front
- Back
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What is concurrent jurisdiction? Both criminal and family court have concurrent jurisdiction when ? |
- a family offense has been committed AND -family/household relationship exists btwn offender and the victim AND - the offender is 18 yrs old or older (if 16-17 yrs old, concurrent jurisdiction only exists if the offender is charged with felony-level family offense |
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When concurrent jurisdiction exists, MOS will ? |
Advice complainants/victim that there is concurrent jurisdiction and they can either go to family court or criminal court *family court proceeding is a civil,counseling services, whereas, criminal court is for prosecution. |
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If Vic of domestic can’t produce OOP, umos will check ? |
- eJusticeNY application to access and print a copy of the OOP - contact central records division, ID Section via telephone to verify OOP was issued, if a copy of the OOP can’t be obtain through the eJusticeNY application -zFinest can be use as well but will not produce a copy of OOP |
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If UMOS makes an arrest for family offenses outside of NYC but within NYS, UMOS will confer with? |
Confer with Legal Bureau AND process arrest as FOA |
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If the Vic does not want the offenders to be arrested for misd or violation, UMOS will consider these factors: |
-past history -umos observation on the scene and Vic, statement of witness -statement made by offender(threats of suicide,homicide, future violence) - mental/physical state of offender, weapons accessibility, *if umos as a doubt, arrest should be effected ** even if Vic does not want the offender wants to be arrested in misd charge, umos retain the discretion to make the arrest |
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If Vic doesnt want an arrest be made for misd or any violation, UMOS WILL? |
Make Activity log entry of refusal and have Vic sign his A/L. - if Vic refused to sign A/L, umos will write “refused signature” on his/her A/L. |
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If crime happened outside of NYC but within NYS, will umos upload photographs of injuries to FORMS? |
NO - printout the photograph and attach them to 61, if prepared. - also prepare Property clerk invoice worksheet *do not enter DIR into FORMS if the incident happened outside of NYC. Give the DIR to DESK OFFICER for review |
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D/O will scan and email completed DIR/61 of all domestic incident that happened outside of nyc but within nys to? |
Inter-City correspondence unit (ICCU) - forward physical copies of documents to ICCU via dept email |
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What are family offense ? DRAMAS (personal crimes ) C GIF CUSS (property/sexual) |
D- discon R- reckless Endangerment A- agg harassment 2, harassment 1 or 2 M- menacing 2 or 3 A - assault 2 or 3 or attempt S- strangulation 1 or 2 criminal obstruction of breathing, stalking all degrees ************************* C- criminal mischief (all degree) G- grand larceny 3/4 degree I- identify theft 1/2/3 degree F- forcible touching C- Coercion 2 (sub 1/2/3 ) U- unlawful Dissemination or Publication of intimate image S- sex abuse (all PL 130) , sexual misconduct |
