MCOLES Domestic Violence Response 2 — Questions and Answers
Question 1: Under Michigan's Domestic Violence Prevention and Treatment Act, which of the following relationships qualifies as a 'domestic relationship' for purposes of mandatory arrest?
- Coworkers who share an office
- Former dating partners who lived together (Correct answer)
- Neighbors who share a fence
- Classmates from the same school
Correct answer: Former dating partners who lived together
Former dating partners who cohabited qualify as a domestic relationship under Michigan law, triggering enhanced DV protections and mandatory arrest provisions.
Question 2: When responding to a DV call and the suspect has fled, what is the officer's primary obligation under Michigan law?
- Close the case and advise the victim to call back if the suspect returns
- Document the incident and attempt to locate the suspect to effectuate arrest (Correct answer)
- Advise the victim to obtain a PPO before further action can be taken
- Wait 24 hours before pursuing the suspect
Correct answer: Document the incident and attempt to locate the suspect to effectuate arrest
Officers must document the incident thoroughly and make reasonable efforts to locate and arrest the fleeing DV suspect rather than treating the case as closed.
Question 3: A victim of domestic violence refuses to give a written statement. The officer should:
- Close the case since a statement is required for prosecution
- Document observations, injuries, and scene evidence independently of the victim's cooperation (Correct answer)
- Arrest the victim for obstruction
- Leave the scene and advise the couple to seek counseling
Correct answer: Document observations, injuries, and scene evidence independently of the victim's cooperation
Officers must independently document all observable evidence — injuries, scene condition, witness accounts — because prosecution can proceed without a cooperative victim.
Question 4: A 'dominant aggressor' determination is required when both parties have visible injuries. Which factor is LEAST relevant to this determination?
- History of prior domestic violence by either party
- Whether either party acted in self-defense
- Who called 911 first (Correct answer)
- Relative size and strength of the parties
Correct answer: Who called 911 first
Who called 911 first is not a reliable indicator of who the dominant aggressor is and carries the least weight in the determination.
Question 5: Under Michigan law, a Personal Protection Order (PPO) obtained in family court is best described as:
- A criminal conviction that bars the respondent from owning firearms
- A civil injunction enforceable by arrest for violation (Correct answer)
- An advisory document with no criminal enforcement mechanism
- A warrant authorizing officers to search the respondent's home
Correct answer: A civil injunction enforceable by arrest for violation
A PPO is a civil injunction, but violation of a PPO is a criminal offense that authorizes officers to arrest the respondent without a separate warrant.
Question 6: When photographing a domestic violence victim's injuries, which best practice should an officer follow?
- Photograph only injuries visible to the naked eye at the scene
- Photograph immediately and again 24-48 hours later when bruising may be more visible (Correct answer)
- Obtain written consent before photographing any injuries
- Take photographs only after the victim has received medical treatment
Correct answer: Photograph immediately and again 24-48 hours later when bruising may be more visible
Follow-up photographs taken 24-48 hours later often reveal bruising that was not yet visible at the scene, providing stronger evidence.
Question 7: When a DV suspect invokes the right to counsel during questioning, the officer must:
- Continue questioning about the victim's safety since it is an exigent circumstance
- Cease all interrogation until an attorney is present or the suspect re-initiates questioning (Correct answer)
- Allow one more question to clarify the suspect's Miranda waiver
- Contact the prosecutor before stopping the interview
Correct answer: Cease all interrogation until an attorney is present or the suspect re-initiates questioning
Under Edwards v. Arizona, once a suspect invokes the right to counsel, all custodial interrogation must stop until counsel is present or the suspect voluntarily re-initiates communication.
Under Michigan's Domestic Violence Prevention and Treatment Act, which of the following relationships qualifies as a 'domestic relationship' for purposes of mandatory arrest?