MCOLES Domestic Violence Response 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?

Accepted Answer

Arrest the male suspect based on the probable cause that a domestic assault occurred.

Answer

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?

Accepted Answer

An individual and a person with whom they have a child in common, regardless of marital status.

Answer

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?

Accepted Answer

The extent to which the individuals have been put in fear of physical injury.

Answer

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?

Accepted Answer

Assault by Strangulation or Suffocation.

Answer

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?

Accepted Answer

The officer has authority to arrest the respondent without a warrant for the PPO violation.

Answer

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.

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES Domestic Violence Response Questions and Answers