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28 Cards in this Set
- Front
- Back
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Elements for Domestic Violence (PRICC) |
Punishment
Revenge Intimidation Coercion Control |
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Sentencing |
Any misdemeanor offense that includes an act of DV becomes a class 5 felony after more than 3 times |
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18-6-803.5 Crime of violation of a protection order - penalty - peace officers' duties |
(1) A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person: (a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order; (b) Except as permitted pursuant to section 18-13-126 (1) (b), hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person; or (c) Violates a civil protection order issued pursuant to section 13-14-105.5, C.R.S., or pursuant to section 18-1-1001 (9) by: (I) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or (II) Failing to timely file a receipt or written statement with the court as described in section 13-14-105.5 (9), C.R.S., or in section 18-1-1001 (9) (i) or 18-6-801 (8) (i). |
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18-6-803.5(1.5)(a.5)(I) Protection Order |
(a.5) (I) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or health, that is issued by a court of this state or a municipal court, and that is issued pursuant to: (D) Any other order of a court that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises. (II) For purposes of this section only, "protection order" includes any order that amends, modifies, supplements, or supersedes the initial protection order. "Protection order" also includes any restraining order entered prior to July 1, 2003, and any foreign protection order as defined in section 13-14-110, C.R.S. |
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Charge enhancers |
Multiple protection order violations Habitual offender |
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Officers shall use every reasonable means to enforce a protection order, officers shall arrest, or, seek a warrant |
True |
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Restrained Person |
"Restrained person" means the person identified in the order as the person prohibited from doing the specified act or acts. |
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Types of P.O.'s |
Civil (permanent) Criminal (AKA Mandatory) - Temporary - When sentence is done, order is doneDNN Cases (Dependency and Neglect) AKA Social Services DR (Domestic Relations) |
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Who's jurisdiction? |
(9) Acriminal action charged pursuant to this section may be tried either in thecounty where the offense is committed or in the county in which the court thatissued the protection order is located, if such court is within this state. |
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Foreign Protection Order |
Any P.O. other than child support or custody order, issued by a civil or criminal of another state, an Indian tribe, or a U.S. territory or commonwealth |
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Enforcing a Foreign Protection Order |
A peace officer shall presume the validity of, and enforce in accordance with the provisions of this article, a foreign protection order that appears to be an authentic court order that has been provided to the peace officer by any source |
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18-6-803.6.Duties of peace officers and prosecuting agencies - preservation of evidence. |
(1) When a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence, as defined in section 18-6-800.3 (1), has been committed, the officer shall, without undue delay, arrest the person suspected of its commission pursuant to the provisions in subsection (2) of this section, if applicable, and charge the person with the appropriate crime or offense. Nothing in this subsection (1) shall be construed to require a peace officer to arrest both parties involved in an alleged act of domestic violence when both claim to have been victims of such domestic violence. Additionally, nothing in this subsection (1) shall be construed to require a peace officer to arrest either party involved in an alleged act of domestic violence when a peace officer determines there is no probable cause to believe that a crime or offense of domestic violence has been committed. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer's station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made. (2) If a peace officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine if a crime has been committed by one or more persons. In determining whether a crime has been committed by one or more persons, the officer shall consider the following: (a) Any prior complaints of domestic violence; (b) The relative severity of the injuries inflicted on each person; (c) The likelihood of future injury to each person; and (d) The possibility that one of the persons acted in self-defense. (3) (a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim's children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order for the care and control of the child or an order allocating parental responsibilities with respect to the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (3). Document whether children may have seen or heard the alleged offense; except that, in the absence of bad faith, the failure of a peace officer to note that a child may have sen or heard the alleged offense shall not be grounds to dismiss the matter |
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18-9-111 Harassment Kiana Arellano's Law |
(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she: (a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or (b) In a public place directs obscene language or makes an obscene gesture to or at another person; or (c) Follows a person in or about a public place; or( d) Repealed. (e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or (f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or (g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or (h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response. (2)Harassment pursuant to subsection (1) of this section is a class 3 misdemeanor;except that harassment is a class 1 misdemeanor if the offender commitsharassment pursuant to subsection (1) of this section with the intent tointimidate or harass another person because of that person's actual orperceived race, color, religion, ancestry, or national origin. |
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Jurisdiction for Harassment |
Either where it was sent or received |
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18-3-602 Stalking - Vonnie's law |
(1) A person commits stalking if directly, or indirectly through another person, the person knowingly a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or (b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or (c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress. (2) For the purposes of this part 6: (a) Conduct "in connection with" a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat. (b) "Credible threat" means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person's safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear. (c) "Immediate family" includes the person's spouse and the person's parent, grandparent, sibling, or child. (d) "Repeated" or "repeatedly" means on more than one occasion. (3) A person who commits stalking: (a) Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or (b) Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted. (4) Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10). (5) If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony. (8)(a) When a person is arrested for an alleged violation of this section, the fixing of bail for the crime of stalking shall be done in accordance with... and a protection order shall issue... |
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18-8-703 Bribing a witness or victim |
(1) A person commits bribing a witness or victim if he or she offers, confers, or agrees to confer any benefit upon a witness, or a victim, or a person he or she believes is to be called to testify as a witness or victim in any official proceeding, or upon a member of the witness' family, a member of the victim's family, a person in close relationship to the witness or victim, or a person residing in the same household as the witness or victim with intent to: (a) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or (b) Induce the witness or victim to avoid legal process summoning him to testify; or (c) Induce the witness or victim to absent himself or herself from an official proceeding. (2) Bribing a witness or victim is a class 4 felony. |
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18-8-704 Intimidating a witness or victim |
(1) A person commits intimidating a witness or victim if, by use of a threat, act of harassment as defined in section 18-9-111, or act of harm or injury to any person or property directed to or committed upon a witness or a victim to any crime, a person he or she believes has been or is to be called or who would have been called to testify as a witness or a victim, a member of the witness' family, a member of the victim's family, a person in close relationship to the witness or victim, a person residing in the same household with the witness or victim, or any person who has reported a crime or who may be called to testify as a witness to or victim of any crime, he or she intentionally attempts to or does: (a) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or (b) Induce the witness or victim to avoid legal process summoning him to testify; or (c) Induce the witness or victim to absent himself or herself from an official proceeding; or (d) Inflict such harm or injury prior to such testimony or expected testimony. (2) Intimidating a witness or victim is a class 4 felony. |
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18-8-705 Aggravated intimidating a witness or victim |
(1) A person who commits intimidating a witness or victim commits aggravated intimidation of a witness or victim if, during the act of intimidating, he: (a) Is armed with a deadly weapon with the intent, if resisted, to kill, maim, or wound the person being intimidated or any other person; or (b) Knowingly wounds the person being intimidated or any other person with a deadly weapon, or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person being intimidated or any other person in reasonable fear of death or bodily injury. (2) For purposes of subsection (1) of this section, possession of any article used or fashioned in a manner to lead any person reasonably to believe it to be a deadly weapon, or any verbal or other representation by the person that he is so armed, is prima facie evidence that the person is armed with a deadly weapon. (3) Aggravated intimidation of a witness or victim is a class 3 felony. |
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18-8-706 Retaliation against a witness or victim |
(1) An individual commits retaliation against a witness or victim if such person uses a threat, act of harassment as defined in section 18-9-111, or act of harm or injury upon any person or property, which action is directed to or committed upon a witness or a victim to any crime, an individual whom the person believes has been or would have been called to testify as a witness or victim, a member of the witness' family, a member of the victim's family, an individual in close relationship to the witness or victim, an individual residing in the same household with the witness or victim, as retaliation or retribution against such witness or victim. (2) Retaliation against a witness or victim is a class 3 felony. |
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18-8-707 Tampering with a witness or victim |
(1) A person commits tampering with a witness or victim if he intentionally attempts without bribery or threats to induce a witness or victim or a person he believes is to be called to testify as a witness or victim in any official proceeding or who may be called to testify as a witness to or victim of any crime to: (a) Testify falsely or unlawfully withhold any testimony; or (b) Absent himself from any official proceeding to which he has been legally summoned; or (c) Avoid legal process summoning him to testify. (2) Tampering with a witness or victim is a class 4 felony. |
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Predominant Aggressor |
Prior complaints of domestic violence History of violence in this relationship? Ask the parties, the children, the neighbors and other witnesses Check NCIC CCIC and other communication systems Violence in another relationship? Statements of victim suggesting prior violence? (He never gets arrested!) |
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Picking the Predominant Aggressor |
Relative severity of the injuries Height and weight comparison Slap vs. severe beating Scratch vs. broken bone Push vs. black eye |
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Consideration for Predominant Aggressor |
Possibility that someone acted in self defense See "justifiable use of force" law Does the person claiming self defense appear to be afraid? Are the injuries consistent with self defense? A person is NOT justified in using self defense if they initially provoke the use of force against themselves with the intent to use force as an excuse to inflict bodily harm upon the other person! (school yard bully) |
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High Risk and Lethality Factors (no particular order) |
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Illegitimate reasons to arrest |
You can't figure it out, and decide to leave it up to the Detective, D.A.'s Office, or the Courts Frustration with the victim (Court ordered treatment is better than this) Because they called me a "Blank" and was otherwise disrespectful. "It's not against the law to be a bitch, it is against the law to be a batterer" - Anne O'Dell I'm sick of coming to this house |
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If I don't have p.c. what else can I do? |
Safety first. Get an Emergency Protection Order if you are afraid that one person will erupt if you leave Separate for safety. Try to encourage the person you believe is the victim to go to shelter, transport victim and children. OTHER CHARGES? Continue the investigation. If probable cause is developed, arrest, or obtain a warrant. |
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Legitimate reasons to arrest |
1.Evidence that an act or threatened act of violence against a present or former person of an “Intimate Relationship” occurred or, 2.Evidence of a crime against property 3.Supported by probable cause 4.Motivation of crime is coercion, control, punishment, intimidation, or revenge |
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Do not give the victim a subpoena in a felony case! |
True |
