MCOLES Domestic Violence Response Questions and Answers — Questions and Answers
Question 1: An officer responds to a domestic dispute. Upon arrival, the officer develops probable cause to believe a man committed domestic assault against his live-in girlfriend, leaving a visible red mark on her arm. The victim states she does not want to press charges and asks the officer to leave. According to MCL 764.15a, what is the officer's proper course of action?
- Respect the victim's wishes and take no action other than filing an informational report.
- Arrest the male suspect based on the probable cause that a domestic assault occurred. (Correct answer)
- Issue a citation to the male suspect and order him to leave the residence for 24 hours.
- Arrest both parties since the victim is now being uncooperative with the investigation.
Correct answer: Arrest the male suspect based on the probable cause that a domestic assault occurred.
MCL 764.15a grants a peace officer the authority to arrest without a warrant when they have reasonable cause to believe a domestic assault has occurred. MCOLES training and Michigan law emphasize that the decision to arrest should be based on probable cause, not on the victim's willingness to prosecute.
Question 2: Under Michigan's domestic violence statutes (e.g., MCL 750.81), which of the following relationships qualifies as a "domestic relationship" for the purpose of charging domestic assault?
- A landlord and a tenant involved in a dispute over rent.
- Two coworkers who have a disagreement at their place of employment.
- An individual and a person with whom they have a child in common, regardless of marital status. (Correct answer)
- Two neighbors who share a property line and are arguing over a fence.
Correct answer: An individual and a person with whom they have a child in common, regardless of marital status.
Michigan law defines a domestic relationship for assault charges to include a spouse or former spouse, a resident or former resident of the same household, an individual with whom they have a child in common, or someone with whom they have or have had a dating relationship.
Question 3: During an investigation where both parties in a domestic relationship have injuries and claim to be the victim, which of the following is a critical factor an officer must consider when determining the predominant aggressor under MCL 776.22?
- The gender of each party involved.
- The extent to which the individuals have been put in fear of physical injury. (Correct answer)
- Who initiated the call to 911.
- Which party is willing to leave the residence for the night.
Correct answer: The extent to which the individuals have been put in fear of physical injury.
MCL 776.22 requires officers, when determining the predominant aggressor, to consider the intent of the law to protect victims, the degree of injury, any history of domestic violence, and the extent to which the individuals have been put in fear of physical injury. The other options are not legally mandated considerations.
Question 4: A victim of domestic violence states that their partner put both hands around their neck and squeezed, making it difficult to breathe for several seconds. The officer observes no visible marks on the victim's neck. Based on these facts, which of the following is the most appropriate charge to consider under Michigan law?
- Attempted Murder.
- No crime can be charged, as there is no visible physical evidence of injury.
- Simple Assault and Battery.
- Assault by Strangulation or Suffocation. (Correct answer)
Correct answer: Assault by Strangulation or Suffocation.
Under MCL 750.84, Assault by Strangulation or Suffocation is defined as intentionally impeding normal breathing or blood circulation. A visible injury is not a required element of the crime; the act itself, as described by the victim, can be sufficient to establish probable cause for this felony offense.
Question 5: An officer is dispatched to enforce a valid Personal Protection Order (PPO). The officer confirms through LEIN that the PPO is active and prohibits the respondent from being at the petitioner's residence. The officer finds the respondent on the front porch. The respondent claims the petitioner invited them over. What is the officer's proper action under MCL 764.15b?
- The officer must witness the respondent commit a separate crime before arresting.
- The officer has authority to arrest the respondent without a warrant for the PPO violation. (Correct answer)
- The officer must obtain a warrant before arresting for a PPO violation.
- The officer should leave, as a verbal invitation temporarily invalidates the PPO.
Correct answer: The officer has authority to arrest the respondent without a warrant for the PPO violation.
MCL 764.15b authorizes a peace officer to arrest without a warrant when they have probable cause to believe a person has violated a valid PPO. The respondent's presence at the prohibited location is a violation, and a claimed invitation from the petitioner does not invalidate the court order for law enforcement purposes.
Question 6: In addition to conducting a thorough investigation and making arrests when appropriate, what is a mandatory duty of a peace officer after investigating or intervening in a domestic violence incident, according to MCL 764.15c?
- Force the victim to write and sign a detailed witness statement before leaving the scene.
- Obtain a promise from the victim that they will appear in court to testify.
- Immediately transport the victim to the police station for a forensic interview.
- Provide the victim with a written notice containing information on local shelters and their legal rights. (Correct answer)
Correct answer: Provide the victim with a written notice containing information on local shelters and their legal rights.
MCL 764.15c explicitly requires that after investigating or intervening in a domestic violence incident, a peace officer shall provide the victim with a copy of a written notice. This notice must include information about their legal rights, the availability of a local domestic violence shelter, and contact information for that program.
MCOLES Domestic Violence Response Questions and Answers
An officer responds to a domestic dispute.
Upon arrival, the officer develops probable cause to believe a man committed domestic assault against his live-in girlfriend, leaving a visible red mark on her arm.
The victim states she does not want to press charges and asks the officer to leave.
According to MCL 764.15a, what is the officer's proper course of action?