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DCJS FINAL EXAM
EXAM WITH CORRECT SOLUTIONS.
Is a child able to obtain a protective order - correct answer- Yes but it must be filed on their behalf by a parent or guardian
Can a preliminary or permanent protective orders be issued by both magistrates or judges - correct answer- No only judges can. Judges are also the only ones who can make leases to the Protective orders
How are emergency protective orders obtained? - correct answer- Either LEO or a victim can seek it and issued by any JDR judge or magistrate. They are good for 72 hours or until the next business day if the end of the hours falls on a holiday.
Possession and transportation of a firearm while a protective order is active by the defendant is legal
True or False - correct answer- FALSE it is illegal and not allowed
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While there is a PO in place can the defendant use a third party to communicate with the petitioner? - correct answer- No, it is a violation of the PO And is an arrest able offense
What is the definition of stalking in family violence? - correct answer- A person who on more than one occasion engages in conduct directed at another person with the intent to place fear of death, criminal sexual assault, or bodily injury to DV victim
In Virginia, LEO "shall" or just make an arrest in Domestic Violence cases, what must be established in order to do so? - correct answer- 1. That there is a predominant aggressor
- Look at the multiple facts to determine. If unable, at least
- Establish jurisdiction and relationship
make a report. Sometimes both parties are arrested
LE and other social services like CPS NEVER work together T/F - correct answer- False they work together often in Domestic Violence / Child abuse cases.
Victims should always be interviewed with the suspect present T/F - correct answer- False, victims and suspects should always be interviewed separately.
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LEO are mandated reporters, when do they report to social services? - correct answer- If a child is a victim or directly involved in the Domestic violence incident- CPS must be notified. Voluntary reporting of the child involvement is indirect.
What is the LEO responsibility when arriving on a domestic violence scene? - correct answer- 1. Make the scene safe
2. Get the story: establish roles
- Render aid
- Secure warrants & EPO
4.call CPS if need be
What are the protections of Re Gault ( Juvenile Law) - correct answer- 1- welfare of child and family 2- the safety of the community 3- protection of the rights of the victims.
What kinds of protective orders are there and how long do they last - correct answer- 1- EPO= 72hrs 2- preliminary protective order= 2 weeks or up until court date.3- permanent protective order- 2yrs
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What is family abuse? - correct answer- Any act involving violence, force, or threat of force including; any forceful detention, results in bodily injury or places one in a reasonable apprehension of bodily injury. Which is committed by a person against such persons family/ household members
what is the defenition of family disturbances? - correct answer- Any yelling and screaming in the household which would disrupt the family.
In cases where the offense would be a class 3/ class 4 misdemeanor, a summons to appear is mailed with how many days to the parents - correct answer- 5 days
What is the petition (juvenile law) - correct answer- A petition is the equivalent of a warrant/ possibly a detention order as well.All matters alleged to be to be within jurisdiction of the court must be commenced by the filing of the petition
Definition of status offender - correct answer- A child who commits an act prohibited by law which would not be criminal if done by an adult.
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