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When a person is arrested as a result of domestic violence the actual charge from a related statute will be?
Assault, Battery, & Sexual Battery
What is simple assault?
The intentional, unlawful threat by words or act to do violence to another person, coupled with the abilty to do so & creating a well-founded fear in the other person that such violence is imminent.
What's the degree of charge for an simple assault?
When can an assault transition for a moisdemeanor to a felony?
When a deadly weapon is used without the intent to kill or if the assault is committed with the intent to commit a felony
What is aggravated assult?
The act to do violence to another person, coupled with the abilty to do so & creating a well-founded fear in the other person that such violence is imminent while in possession of a weapon
What level of charge is a simple battery?
What is simple battery?
Contact with malice or ill will towards another person against his or her will or intentionally causing bodily harm to another person
What is a felony battery?
If the battery cause great bodily harm, permanent disability, or permanent disfigurement, but the person did not intend such a result
What is aggravated battery?
Contact with malice or ill will with or without weapon
What Florida statute defines domestic violence?
F.S. 741.28
What must an officer do once he/ she develops probable cause that domestic violence has been committed while suspect is present?
An arrest should usually be made
The decision to arrest & charge shall not require consent of who?
the victim or consideration of the relationship of the paries
When should an arrest not made for domestic violence even if probable cause is present?
When the suspect is not present
If either or both refuse to provide adequate infomation about the incident what most an officer do?
Officer must turn to witnesses who were in the room during the incedent
What is domestic violence?
A control of one over another
What is dating violence?
Individuals who have or have had a continuing & significant relationship of a romantic or intimate nature.
Regarding dating violence what is considered a relationship?
  • Relationship within the past 6 months
  • Epectation of affection or sexual involvement
  • The frequency & type of interaction must occur over time & on a continuous basis during the course of the relationship
What is extremely important evidence while dealing with domestic or dating violence?
Physical evidence such as Photographs & documents
What should an officer do to fully document any bruising?
Return 24-48 Hours to take additional pictures of the victim
What can documentation evidence do when dealing with a dating or domestic violence case?
It helps to corroborate the accounts of witnesses or participants
How can an officer determine who is the primary aggressor?
By analyzing the totality of the circumstances of the incident & comparing all information obtained; then looking for inconsistencies & unturths
What are 7 factors to help indentify the primary aggressor?

  • Compare physical evidence to statement

  • Compare visiable & invisiable injuries to statement

  • Consider evidence or pattern of assault & coercion

  • Compare the victim, witness, & suspect''s statement

  • Assess the verbal & nonverbal communication of involved parties

  • Consider the emotional state, relative size, & fearfulness of involved parties

  • Consider violent physical acts such as:

Who damaged property?
Who injured animals?
Who ripped the phone from the wall?

A officer may not enforce a court order issued by another state or jurisdiction unless?
The court order is domesticated by a court within the officer's jurisdiction
If one parent has a child custody court order from Florida or another state & another parent has a conflicting order from a different state or country which court order must the officer enforce?
Neither; such case involve application of the "Uniform Child Custody Jurisdiction & Enforcement Act"
After arresting the suspect what must an officer do?
An officer should tell the victim the reason for the arrest & where the suspect will be taken
Although an injuction is a civil action, what can be enforceable by law?
Criminal Implications
When determining bail the court will consider what?
Safety of the victim, children in the home, & any other person who may be in danger if the court releases the defendent
When probable cause for arrest does not exist & family is calm enough to be reasonable? What must an officer do?
Explain the options available to the family unit such as:

  • Obtain Counseling
  • Act on information provided on handouts covering domestic ,dating violence & injuctions
  • Seek assistance from social service agencies the officer refers them to
  • In order to keep the peace, one party leaves
An Injunction for Protection Against Domestic Violence?
For person who meet the statutory definition of family or household member
An injunction for protection against repeat violence?
For a person who do not meet the statutory definition of family or household member, but who have been a victims of at lease two incidents of violence or stalking by the alleged abuser within the last six months.
An injunction for protection against dating violence?
Continuing & significant relationship of romantic or intimate. 6 months
What must a victim complete prior to filing an injunction at the courthouse?
An affidavit, explaining why she or he needs the protection
Although an injunction is a civil action; what makes it enforceable by law?
Criminal Implications
What must an officer do if there is no arrest in domestic violence incident?
Document incident indicating in full report why the officer made no arrest.
What must an officer give the victim before leaving a domestic violence?
"Right & Remedies Brochure"
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