Academy test 9
The value of of the motor vehicle must be _________ to constitute grand larceny and a felony
$500 or more
What questions do you ask and indicate when taking a motor vehicle theft reports?
-Victim will prosecute? - Unknown / known suspect? - When vehicle was last seen? - Was vehicle locked? - Does the victim have all keys? - Was there an extra key in or on vehicle? - Is there a lien on the vehicle and are they behind on payments? - Enter into NCIC before you clear from the case.
What are the requirements for family abuse?
-act involving violence, force, or threat resulting in bodily injury -places one inn reasonable apprehension of death, sexual assault, or bodily injury -committed by a person against such person's family or household member
What are some possible cognitive functions and limitations for elder victim interviews?
-confusion, dementia/Alzheimer's disease -depression -side effects of medications -other mental or medical conditions -generational differences that may lead to communications issues -victim's stamina and mobility
What are interview strategies for elder victims?
-consider needs for transportation and accessibility for follow interviews and court -collaborate with health care providers if needed -in all cases of abuse, neglect, and/or financial exploitation, APS must be contacted and the case will be worked jointly with DVU -attempt to locate appropriate witnesses to assist with investigations of such cases
Stalking is when a perso who has, on more than one occasion, placed someone in FEAR OF:
-death -sexual assault -bodily injury To the victim or to the victim's family/household member
As with other types of abuse, you should look for what when investigating elder abuse?
-frequent and/or suspicious bruising, cuts, abrasions, hand-marks, lacerations, scrapes or scratches -look for bruises in protected areas of the body, where bruises are not common due to falls, etc -look for inappropriate clothing for the weather that may be hiding injuries or bruising
What are some victims of domestic violence obstacles?
-language barriers -mistrust of authority figures -fears of deportation and separation from children
When children are teh victims of suspected abuse/neglect the mandated response remains teh same:
-officers have a responsibility to take immediate action, determine if a crime was committed, protect the child, and report child abuse and neglect tot eh DHS/CPS -identify persons who may have relevant information of child abuse
In addition to traditional types of physical abuse such as hitting, kicking, or slapping elder abuse may also include:
-overmedicating -force feeding -restraining -smothering
Elder abuse is when an older adult experiences:
-physical abuse -neglect -sexual abuse and stalking -financial exploitation -emotional abuse -any combination of the incidents above
What conditions may be included in protective orders in stalking cases?
-prohibiting acts of stalking -prohibiting contact with family/household members of the victim -any other relief necessary to prevent stalking, communication, or other contact of any kid
Who can be a family or household member?
-spouse, regardless of residence -ex-spouse, regardless of residence -parents, children, step-parents and step-children, siblings, half-siblings, grandparents, grandchildren, regardless of residence -and in-laws, who live in the same home -co-habitants and those who have co-habited in the past year and their children -persons who have a child in common, regardless of residence
What are the three types of protective orders?
1. Emergency protective orders 2. Preliminary protective orders 3. Protective orders (also known as a "full" protective order, sometimes referred to as a "permanent" protective order)
What are the six predominant responsibility that LEOs have when responding to a domestic violence scene?
1. Evaluate the scene, restore order and provide medical and/or other aid and assistance to include the safety of family members 2. Interview victim(s), witness(es) and suspect(s) to gather relevant information. Identify, record, collect and or preserve physical evidence 3. Determine if a crime was committed, take appropriate action ARREST THE PREDOMINANT AGGRESSOR WHEN PROBABLE CAUSE EXISTS THAT A CRIME HAS OCCURRED 4. Provide information about community resources, protective orders, and make appropriate referrals for victim services through Social Services, domestic violence shelters, Special Victim's Unit, counseling, Victim Witness Rights 5. Record findings on a stand written report to assist with investigation to determine what, if any, crime occurred 6. Provide or arrange for the transportation of the abused person to a hospital, safe shelter, or magistrate in all cases of family violence
What is evidence of an attempt motor vehicle theft/
1. Ignition tampering or damage 2. Any visible attempt to start the vehicle 3. Broken window alone unless accompanied with some other visible sign is not an attempt motor vehicle theft
What is the code for family abuse?
16.1-228
What is the code for emergency protective order?
16.1-253.4
In cases involving the violation of any law, regulation or ordinance for the eduction, protection or care of children or involving offenses committed by one family member or household member against another, the juvenile court or the chit court may impose a penalty prescribed by applicable sections of the Code and may impose conditions and limitations upon the defendant ot protect the health or safety of family or household members including, but not limited to, a protective order, treatment ad counseling for the defendant and payment by the defendant for crisis shelter care for the complaining family or household member
16.1-278.14
The National Insurance Crime Bureau (NICB) is supported by ______ insurance companies
160
How many characters does a VIN have?
17
What is the code for stalking?
18.2-60.3
What is the larceny code?
18.2-95
What are the two codes that have to do with protective orders in stalking cases?
19.2-152.8 and 19.2-1582.9
What is the code for LEOs are mandated reporters?
63.2-1509
What code mandates that health and mental health providers, EMS personnel, any guardian or conservator of an adult, any public or private direct care or personal care provider, and/or any law enforcement officer shall report any cases of suspected elder abuse, neglect, or exploitation to the Department of Human Services Division of Adult Protective Services within any given jurisdiction
63.2-1606
The violation of a stalking protective order constitutes either _______ or _______
A class 1 misdemeanor or contempt of court
What is DERIVATIVE?
A portion of the PVIN embossed on the engine or as a CVIN somewhere on the vehicle
Who may issue a written emergency protective order and to protect who?
Any judge or magistrate; any person
Law charged in July, 2011 to follow for an emergency protective order to be issued to _________
Any person alleging to have been abused by a family or household member or a victim of a act of violence, force, or threat
If there are other special circumstances that go against the requirement of arrest in domestic violence what must you do?
Articulate in the written report
Mandated reporters are required to report signs of child abuse within ________
As soon as reasonably possible but within 24 hours
Assault and battery against a family or household member is a ________
Class 1 misdemeanor
Stalking is a ________
Class 1 misdemeanor
Virginia makes it a _______ for the subject of any protective order, other than a permanent protective order, to purchase or transport a firearm
Class 1 misdemeanor
An arrest after ONE prior conviction of stalking within a five year period is a _________
Class 6 felony
As of July 1, 2016 it is a ______ for the subject of a permanent protective order to possess a firearm
Class 6 felony
If you have two prior convictions of an offense against a family member or a offense under the law of any other jurisdiction which has the same elements of any of the above offenses all of which occurred within a period of 20 years on different dates is a ________
Class 6 felony
Penalties upon convictions for any larceny, embezzlement, unauthorized use of auto, motor vehicle theft (attempt), failure to return property (rental), receiving stolen property is a __________
Class 6 felony
Strangulation is guilty of _______
Class 6 felony
Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without consent of the owner thereof and in the absence of the owner, and with the intent to temporarily deprive the owner of his possession thereof with the intent to steal the same, shall be guilty of a ________. If the value of the possession is less than $500 it is a __________
Class 6 felony ; class 1 misdemeanor
What dos CVIN stand for?
Confidential vehicle identification number
What are the categories of elderly sexual abuse?
Contact and non-contact offense
Any non consensual, unwanted sexual contact with an older adult
Elder sexual abuse
If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, shall be guilty of _________
Embezzlement
This provides equal protection under the law for victims of sexual assault, stalking, and dating violence whereby 'family abuse' does not apply
Emergency protective order
If the victim wants to prosecute for unauthorized use what should you do?
Enter vehicle into NCIC before clearing case
What are examples of non-contact offense elder sexual abuse?
Exhibitionism, voyeurism, illicit photographing/filming
any person comes into the possession as bailee of any animal, aircraft, vehicle, boat or vessel, and fail to return the same as to agreement, he shall be guilty of larceny. Punishment shall be as to according to value of the thing stolen.
Failure to return rental property
T/F: Procedures and provisions for preliminary and for "permanent" protective orders in cases of stalking are otherwise not the same as in cases of family abuse
False
T/F: in unauthorized use cases most victims do not know the suspect
False
Act involving violence, force, or threat resulting i bodily injury; places one in reasonable apprehension of death, sexual assault, or bodily injury committed by a person against such person's family or household member
Family abuse
Act involving violence, force, or threat resulting in bodily injury; places one in reasonable appprehension of death, sexual assault, or bodily injury committed by a person against such person's family or household member
Family abuse
Where a family member exhibits behavior that unsettles other family members or neighbors and to which law enforcement is called to intervene
Family disturbance
This is a term found in Virginia Code which includes the crimes of abuse of an elderly or incapacitated adult and abuse of children
Family offenses
If any person shall conspire, confederate or combine with another, either within or without this Commonwealth, or if he shall so conspire, confederate or combine with another within this Commonwealth to commit a felony shall be guilty of a _________. However, in no event shall the punishment for a conspiracy to commit an offense exceed the maximum punishment for the commission of the offense itself.
Felony
Person has vehicle titled to another or has lien and sells vehicle without permission of owner or lien holder
Fraudulent conversion
Under 18.2-308.I:4, those under a restraining order or protective order are __________
Ineligible from carrying a concealed weapon
16.1-241 provides that jurisdiction for family law and family law cases, to include but is not limited cases involving: family assault/abuse/violence, child abuse, neglect and delinquency cases, and other family related matters resides with the __________
Juvenile and Domestic Relations Court
The illegal taking and carrying away of personal property belonging to another with the purpose of depriving the owner of its possession
Larceny
The attempt to illegally take or carry away personal property belonging to another with the purpose of depriving teh owner of its
Larceny attempt
If the taking of property is not forceful, is it _______; if it is accompanied by force or fear directed against a person, it is _________, a much more serious offense
Larceny; robbery
What are teh two agencies that provide confidential vehicle identification number locations?
National Insurance Crime Bureau and FBI
Does the child have to be involved in a domestic violence incident for you to call CPS?
No
For an assault against a family or household member to be a class 6 felony does it have to be against the same person?
No
Is a broken window alone enough for an attempt motor vehicle theft?
No
Class 6 felonies are punishable by imprisonments in a state correctional facility for _____________ or in the discretion of the jury or court trying the case without a jury, be confined _________ or ___________
Not less than one nor more than 20 years; in jail for a period not exceeding 12 months or fined not more than $2,500 either or both
Who may request an ex parte emergency protective order?
Only a LEO
The individual seeking the order of protection
Petitioner
A magistrate must find what for a protective order in stalking cases?
Probable cause of further stalking
A court order of protection issued on behalf of an abused family/household member or a victim of an "act of violence, force or threat" (to include those not in a domestic relationship)
Protective order
What does PVIN stand for?
Public vehicle identification number
What are examples of contact offense elder sexual abuse?
Rape, sexual assault, kissing, oral sex
If any person buy or receive from another person, or aid in concealing, any stolen goods or other thing, knowing same to have been stolen, shall be guilty of larceny thereof, and be prosecuted although the principal offender be not convicted
Receiving stolen property 18.2-108
What are elements of neglect?
Refusal or failure to provide -food, water, clothing, shelter, personal hygiene, medication, medical care, comfort, personal safety or other essentials -this failure or refusal to provide care could be due to greed, power/control, physical or mental conditions, or any combination thereof
What does RVIN stand for?
Replaced vehicle identification number
When probable cause exists, custodial arrest of the predominant aggressor is ______, unless special circumstances dictate another course of action
Required
The individual whom the order is against
Respondent
Someone who has responsibility for care, custody or control of an incapacitated person; by law, or who has assumed responsibility voluntarily
Responsible person
Cars that previously had "junk" title or were "totaled" and were restored to road worthy condition get a new title and VIN after state inspection, the new VIN will not match any other VIN numbers on the vehicle doors or panels
SALVAGE VIN
What does SVIN stand for?
Secondary vehicle identification number
Knowing and willful failure to care by a responsible person, failure to provide treatment, goods or services, resulting in injury or endangering safety
Statutory definition of neglect
What is the difference between strangulation and choking?
Strangulation is external and choking is internal (something blocking airway internally)
If an emergency protective order is issued the officer must complete _______ and submit if for entry ________
The EPO form (DC-626); ASAP
the SVIN is usually located on ________
The firewall, engine compartments, etched in windows, under front passenger seat
For fraudulent conversion what are the key words?
The lien or lien holder
What is the intent of unauthorized use?
To temporarily deprive the owner of the vehicle
T/F: a LEO may request an ex parte emergency protective order over the phone with a magistrate
True
T/F: arrest without a warrant is authorized in certain misdemeanor cases to include domestic assault and violation of a protective order
True
T/F: behaviors observed or documented on a family disturbance call may or may not rise to the level of family abuse or of assault and battery against a family member/household member
True
T/F: if a child is within a household in which family violence has occurred, child protective services must also be notified even if the child is not the victim or intended victim of the violence
True
T/F: stalking may occur throughout multiple jurisdictions as long as ONE stalking action took place in Virginia Beach, we can charge them
True
Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without consent of the owner thereof and in the absence of the owner, and with the intent to temporarily deprive the owner of his possession thereof with the intent to steal the same, shall be guilty of a class 6 felony
Unauthorized use
What does VIN stand for?
Vehicle identification number
16.1-243 defies that the Juvenile and Domestic Relations Court provides _____ to hear all family related matters
Venue
This team supports and aids crime victims, families, and witnesses throughout the court process, empowering witnesses to testify while complying with the Virginia Constitutional Crime Victims' Bill of Rights and the Crime Victim ad Witness Rights Act
Victim-Witness Program
Whose responsibility is it to ensure crime victims are advised of their rights and to assist them through the court process?
Victim-Witness Program
Does a reasonable complaint of family abuse constitute probable cause to arrest?
Yes
Is a written report required any time an officer believes that assault and battery against a family/household member or family abuse has occurred whether or not an arrest is made?
Yes
Petit larceny is if a motor vehicle is ___________ and is a class 1 misdemeanor
less than $500