SDPD - San Diego Police Department Domestic Violence Response Questions and Answers — Questions and Answers
Question 1: An SDPD officer responds to a domestic disturbance. Both parties have visible, minor injuries and claim the other started the physical altercation. Under California Penal Code § 13701(b), which of the following is the most critical factor for the officer to consider when determining whom to arrest?
- Which individual initiated the first physical contact.
- Which individual has a more significant history of domestic violence and presents a greater ongoing threat. (Correct answer)
- Which individual is willing to be transported from the scene for the night.
- Which individual appears more upset and emotionally distressed.
Correct answer: Which individual has a more significant history of domestic violence and presents a greater ongoing threat.
California Penal Code § 13701(b) requires officers to make reasonable efforts to identify the 'dominant aggressor,' who is defined as the most significant aggressor, not necessarily the first. Factors include the history of domestic violence, threats creating fear, and whether one party acted in self-defense, with the goal of protecting victims from continuing abuse.
Question 2: Upon arriving at the scene of a domestic violence incident involving a physical assault, an SDPD officer observes a handgun on a coffee table in plain sight. According to California Penal Code § 18250, what is the officer's legal obligation regarding the firearm?
- Ask the owner to secure the firearm in a locked container before leaving the premises.
- Take temporary custody of the firearm for the protection of the officer and others present. (Correct answer)
- Only seize the firearm if it was used during the commission of the assault.
- Inform the individuals that the firearm must be sold to a licensed dealer within 24 hours.
Correct answer: Take temporary custody of the firearm for the protection of the officer and others present.
California Penal Code § 18250 mandates that a peace officer at the scene of a domestic violence incident involving a physical assault or threat to human life shall take temporary custody of any firearm in plain sight or discovered pursuant to a lawful search. This is done for the protection of the peace officer and other persons present.
Question 3: An SDPD officer determines there is probable cause to arrest a suspect for a misdemeanor domestic battery (PC 243(e)(1)) that did not occur in the officer's presence. Which of the following is true regarding the officer's authority to make a warrantless arrest?
- The officer must obtain a warrant as the misdemeanor was not committed in their presence.
- The officer must have the victim perform a private person's arrest.
- The officer may make a warrantless arrest under the authority of PC § 836(d). (Correct answer)
- The officer can only detain the suspect until a warrant is issued by a judge.
Correct answer: The officer may make a warrantless arrest under the authority of PC § 836(d).
California Penal Code § 836(d) provides a specific exception to the in-presence requirement for a misdemeanor arrest. It allows a peace officer to make a warrantless arrest for a misdemeanor assault or battery on a spouse, cohabitant, or person with whom they have a qualifying domestic relationship, even if the officer did not witness the offense, as long as the arrest is made as soon as probable cause arises.
Question 4: During a domestic violence investigation, a victim expresses fear for their safety after the officer leaves. The suspect has not yet been located. To provide immediate protection, the officer should inform the victim about and offer to request which type of court order?
- A Permanent Restraining Order (PRO)
- A Civil Harassment Restraining Order (CHRO)
- A Notice to Appear Citation
- An Emergency Protective Order (EPO) (Correct answer)
Correct answer: An Emergency Protective Order (EPO)
An Emergency Protective Order (EPO) is a short-term order requested by a law enforcement officer and issued by a judicial officer, available 24/7, to provide immediate protection to a victim of domestic violence. It is designed to last for 5 court days or 7 calendar days, whichever is shorter, giving the victim time to apply for a longer-term restraining order.
Question 5: Which of the following relationships falls under the legal definition of 'domestic violence' according to California Penal Code § 13700(b)?
- A dispute between two roommates who have never had a dating relationship.
- A conflict between a landlord and a tenant over rent.
- Abuse committed against a person with whom the suspect has previously had a dating relationship. (Correct answer)
- An argument between two long-time neighbors over a property line.
Correct answer: Abuse committed against a person with whom the suspect has previously had a dating relationship.
California Penal Code § 13700(b) defines 'domestic violence' as abuse committed against a spouse, former spouse, cohabitant, former cohabitant, or a person with whom the suspect has had a child or is having or has had a dating or engagement relationship. The other options do not describe the specific intimate or familial relationships covered by this statute.
Question 6: An SDPD officer is investigating a domestic violence call where a victim has visible injuries qualifying as a felony under PC 273.5. The victim is uncooperative and states they do not want the suspect arrested. Which of the following is the most appropriate action for the officer?
- Honor the victim's wishes and close the investigation without an arrest.
- Arrest the suspect based on the probable cause established by the visible injuries, regardless of the victim's wishes. (Correct answer)
- Issue a citation to the suspect and advise them to leave for the night.
- Advise the victim that they must make a private person's arrest if they want action taken.
Correct answer: Arrest the suspect based on the probable cause established by the visible injuries, regardless of the victim's wishes.
In cases of domestic violence, particularly felonies like PC 273.5 (corporal injury), the officer's decision to arrest is based on probable cause, not the victim's immediate wishes. SDPD policy and state law encourage the arrest of domestic violence offenders when probable cause exists to protect the victim and hold the offender accountable. The presence of a visible injury provides strong evidence for probable cause.
SDPD - San Diego Police Department Domestic Violence Response Questions and Answers
An SDPD officer responds to a domestic disturbance.
Both parties have visible, minor injuries and claim the other started the physical altercation.
Under California Penal Code § 13701(b), which of the following is the most critical factor for the officer to consider when determining whom to arrest?