Domestic Violence Response Flashcards

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?

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.

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?

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.

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?

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.

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?

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.

Which of the following relationships falls under the legal definition of 'domestic violence' according to California Penal Code § 13700(b)?

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.

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?

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.