Domestic Violence Ii

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U-Visas

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U-Visa - Created by the Victims of Trafficking and Violence Prevention Act, enacted in October 2000. It is available to noncitizens who: 1) have suffered
substantial physical or mental abuse resulting from a wide range of criminal activity, and 2) have been helpful, are being helpful or are likely to be helpful with the investigation or prosecution of the crime. The U-visa provides eligible immigrants with authorized stay in the United States and employment authorization.

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Domestic Violence Order

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Type of restraining order which is issued pursuant to the Domestic Violence Prevention Act, or the Uniform Parentage Act ), or in connection with a dissolution, legal separation or annulment or in cases of elder or dependent adult abuse This includes all local Domestic Violence related orders from other states, counties, tribal courts and juvenile courts.

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Emergency Protective Order

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Restraining order issued by judge or commissioner at anytime, whether or not court is in session. It is intended o function as a temporary restraining order if a person is in immediate ad present danger of DV, elder or dependent adult abuse, child abuse, or where a child is in immediate and present danger of being abducted by a parent or relative r where stalking exists. Can also function as an order determining temporary care and control of minor children of the above described endangered person.

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Peaceful Contact Order

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- No hitting, grabbing, throwing objects, damaging property, or pulling the phone cord out of the wall; knocking over, or breaking furniture; swearing at, or about, the victim; tearing up important papers; stopping the victim from leaving the house; making threats to hit, harm or kill the victim; arguing with the victim or a family member; arguing or shouting so loud that the neighbors are disturbed; having your friends come over and do any of the above; and do anything that makes the victim, or the family, frightened, hurt, injured, upset, or disturbed.

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Restraining Order

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is an order, which requires a person to refrain from doing a particular act or acts. It is issued by the Court, with or without notice, to the person who is to be restrained. A restraining order will remain in effect for a set period of time (usually five years), which is stated on the face of the order. If no time period is stated on the face of the order, the effective time period is 3 years. Also see P below, order can be up to 10 years.

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Stay Away Order

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A type of restraining order in a criminal, juvenile Delinquency or civil case involving domestic violence upon a good cause belief that harm to, or intimidation, or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, by the defendant. A Stay Away Order typically orders a person to stay away from the victim and/or other specified locations. A Penal Code Stay Away Order may remain in effect as long as the defendant is under a court's jurisdiction, including any sentence or probationary period. The sentencing court in a criminal case is required to issue an order restraining the defendant from any contact with the victim, for up to 10 years, regardless of whether the defendant is sentenced to prison or jail, or is placed on probation for any domestic violence related offense (PC 136.2).

Stay Away Orders are issued pursuant to Penal Code Section 136.2 while a criminal prosecution is pending. Orders may also be issued pursuant to the
Civil Harassment Prevention Act (Code of Civil Procedure Section 527.6), Workplace Violence Safety Act (Code of Civil Procedure Section 527.8), Uniform Parentage Act (Family Code Sections 7710 and 7720, Domestic Violence Protection Act 6200 - 6389 Family Code), or in connection with a dissolution, legal separation, or annulment (Family Code Sections 2045, 2047, and 2049). Civil Restraining Orders may be issued for a maximum of 5 years, but may be renewed for the period set forth in the order. Restraining Orders may be issued for a maximum of 10 years pursuant to 646.9(h) PC. The Juvenile and Dependency Court can also issue restraining orders pursuant to W& I Section 213.5 if the minor meets the qualifications listed under sections (a), (b) and (c) of this section.
PC 136.2 authorizes a court, on a showing of good cause, to include in a domestic violence protective order a grant to the petitioner (victim) the exclusive care, possession, or control of any animal owned or kept by the petitioner (victim), and respondent (domestic violence perpetrator). PC 136.2 also authorizes the court to order the respondent (domestic violence perpetrator) to stay away from the animal and to forbid the respondent from taking, concealing, threatening, or harming the animal.

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Temporary Restraining Order

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type of restraining order, which requires a person to refrain from doing a particular act or acts. It is issued by the Court, with or without notice to the person who is to be restrained. A temporary restraining order will remain in effect until a formal court hearing can be held. Authorizes a private, postsecondary educational institution to seek a temporary restraining order and injunction on behalf of a student, and, at the discretion of the court, any number of other students at the campus, when a student has suffered a credible threat of violence made off campus, “which can reasonably be construed to be carried out or to have been carried out at the school campus. CCP 527.85 (NOTE: Does not apply to public schools).

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Domestic Violence arrests

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Felony

1. An arrest shall be made in the event that there is probable cause to believe that a felony has occurred. All suspects arrested should be booked into the County Jail or Juvenile Hall. A pro-arrest policy should be implemented by all agencies.

2. If an officer has probable cause to believe that a felony has occurred, an
arrest shall be made irrespective of whether the officer believes the offense may ultimately be prosecuted as a misdemeanor.

Misdemeanor

1. The suspect shall be arrested in the event that a misdemeanor domestic violence incident occurs in the officer’s presence. Such situations include, but are not limited to, an officer who witnesses an act of domestic violence, a violation of a verifiable restraining order or illegal possession of a weapon.

2. When a misdemeanor domestic violence assault or battery has been committed outside the officer’s presence, and the victim is the suspect’s spouse, former spouse, cohabitant, former cohabitant, fiancée, parent of his or her child, or a person with whom the suspect has had or is having an engagement relationship or a current or prior dating relationship, a peace officer may arrest the suspect without the need of a private person’s arrest. This will also apply if the assault or battery involved a person age 65 or older where the elderly victim is related to the suspect by blood or legal guardianship (PC 836(d)).

PC 836(d) makes it possible for officers to arrest when the crime does not take place in their presence where both of the following circumstances apply.

a. The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.

b. The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.

3. An arrest shall be made if the officer has probable cause to believe that the suspect has violated a domestic violence protective order, restraining order, emergency protective order, or elder abuse/dependent adult protective order, even when the crime did not occur in the officer’s presence (PC 836). When a police officer makes an arrest for violating Penal Code sections 243(e) or 273.5, the peace officer is not required to inform the victim of their right to make a citizen’s arrest. (PC 836)

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Dominant Aggressor

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• Was one party in actual fear of the other?
• Did one party escalate the level of violence, i.e., did one party react to a slap by beating the other party?
• Was one party physically larger and stronger than the other?
• Was there a history of violence or pattern of control by one of the parties against the other? Against other people?
• Who has access to and control of resources?
• Who has injuries that do not appear to be consistent with statements made?
• Was one party usually the aggressor?
• Did any injuries appear to be defense wounds?
• Which party will be in greater danger if nothing is done?

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3 Types of Civil Restraining Orders

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EPRO, Temporary, Restraining order also known as an order after hearing.

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273.6(a),

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it is a misdemeanor for the restrained party to intentionally and knowingly violate any of the protective orders

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273.6 (d)

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273.6 (d) makes it a felony to violate a restraining order, with violence or threat of violence, after suffering a prior conviction for violation of Penal Code Section 273.6 within 7 years.

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An Emergency Protective Restraining Order (EPRO

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An Emergency Protective Restraining Order (EPRO) is requested by a police officer in urgent circumstances. The EPRO is authorized by a Duty Judge after receiving a telephonic application from the requesting officer. An EPRO is valid for five court days or seven calendar days, providing the protected person sufficient time to obtain a Temporary Restraining Order. See local agency policies and procedures for instructions on obtaining an EPRO. (Refer to Page 18, ix regarding precedence).

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A Temporary Restraining Order (TRO

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is obtained in court by a protected person upon submission of an application, including an affidavit explaining the need for the order. A TRO is valid for a limited time period, statutorily up to 21 days unless there is good cause and then 25 days, until a court hearing is conducted to receive testimony from both the restrained and protected persons. A protected person may receive assistance from a victim advocacy agency in applying for a TRO.

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A Restraining Order (RO) (also known as an Order after Hearing)

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is issued by a judge for a longer period of time, typically five years. However, the order can be extended beyond five years upon request of the protected person at the time the RO is scheduled to expire.

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Criminal Protective Orders (also known as Stay Away Orders

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are typically ordered in domestic violence cases at the time or arraignment or upon the final adjudication of case. This order is valid until the order is terminated or modified by the court. Information in support of the need for a Stay Away Order should be included by the police officer in the Probable Cause Affidavit or Juvenile Contact Report.

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Next Door Solutions to DV

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Next Door seeks “to end domestic violence in the moment and for all time.” Next Door promotes safety for battered women and their children through emergency shelter; multiple points of entry for victims; individuals, system and institutional advocacy; crisis intervention; education for victims and the community; and the changing of community norms through prevention activities.

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Duty Team

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 The Family Violence Center is open to the public Monday through Friday from 0800 hours to 1700 hours. It is imperative that investigators be available during these hours to ensure the safety of the victims and the staff and to conduct preliminary reporting or follow-up investigation as needed.

 A Duty Team will be assigned to staff the Family Violence Center whenever it is open to the public. This responsibility will be rotated on a weekly basis between the three teams. Any exception to this guideline will be approved by the unit commander.

 The Duty Team will be armed and have the appropriate safety equipment available to ensure the safety and security of the Family Violence Center and its occupants. Additional duties of the Duty Team will be:
o Transport cases to DA and Court
o Mail Run (Twice Daily)
o Records
o Case Management
o B.O.I. mailboxes
o Provide office coverage
o Handle walk-in traffic
o Handle phone inquiries
o Flex hours as necessary for janitorial service

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Using Media

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 If the suspect is outstanding in major injury cases and/or there is a credible threat with a high lethality factor, the investigator should consider the feasibility of utilizing the media as an aid to apprehension. The Public Information Officer (277-5339 or 277-5273; Fax: [phone]) may be of assistance in working with newspapers, radio and television.

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Mandated Reporters

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Mandated Reporters (PC §§ 11165.7, 11166 and 11172(a).). Mandated reporters include:
1. Childcare custodians (schools, daycare, etc.);
2. Health practitioners (medical and non-medical);
3. Employees of child protective agencies (police department and Department of Family
and Children’s Services (DFCS));
4. Commercial film and photographic print processors;
5. Child visitation monitors;
6. Peace officers;
7. Probation and parole officers;
8. Custodial officers as defined by PC § 831.5;
9. Firefighters, animal control officers, humane society officers;
10. Clergy (excluding confession or its equivalent).

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Types of Elder Abuse

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Physical, neglect, financial, abandonment, isolation, abduction, self neglect. Other non mandated abuse......deprivation of goods, psychological/mental

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What have I done to prepare myself

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spoke to Lt and Sgts, reviewed the DV protocol, unit guidelines, duty manual, memos, policy, penal code. reviewed the departments website, reviewed next door solutions website, spoke to current and past detectives.