Answers%
Protective Order for a Child - ✔✔A child can obtain a protective order, but it must be filed on
their behalf by a parent or guardian.
Issuance of Protective Orders - ✔✔Only judges can issue preliminary or permanent protective
orders; magistrates cannot.
Emergency Protective Orders - ✔✔Emergency protective orders can be sought by either a law
enforcement officer (LEO) or a victim and are issued by any JDR judge or magistrate. They are
valid for 72 hours or until the next business day if the end of the hours falls on a holiday.
Possession of Firearm with Protective Order - ✔✔Possession and transportation of a firearm
while a protective order is active by the defendant is illegal.
Communication Violation of Protective Order - ✔✔While there is a protective order in place,
the defendant cannot use a third party to communicate with the petitioner; it is a violation of
the protective order and is an arrestable offense.
Definition of Stalking in Family Violence - ✔✔Stalking in family violence is defined as a person
who on more than one occasion engages in conduct directed at another person with the intent
to place fear of death, criminal sexual assault, or bodily injury to a domestic violence victim.
LEO Arrest in Domestic Violence - ✔✔In Virginia, law enforcement officers must establish that
there is a predominant aggressor to make an arrest in domestic violence cases.
LEO and Social Services Collaboration - ✔✔Law enforcement and other social services like Child
Protective Services (CPS) often work together in domestic violence and child abuse cases.
,Victim and Suspect Interviews - ✔✔Victims and suspects should always be interviewed
separately.
LEO Mandated Reporting - ✔✔LEOs are mandated reporters and must report to social services
if a child is a victim or directly involved in a domestic violence incident.
LEO Responsibilities at Domestic Violence Scene - ✔✔Upon arriving at a domestic violence
scene, LEOs must make the scene safe, get the story and establish roles, render aid, call CPS if
needed, and secure warrants and emergency protective orders.
Protections of Re Gault - ✔✔The protections of Re Gault in juvenile law include the welfare of
the child and family, the safety of the community, and the protection of the rights of the
victims.
Types of Protective Orders - ✔✔There are three types of protective orders: Emergency
Protective Order (EPO) valid for 72 hours, preliminary protective order valid for 2 weeks or until
the court date, and permanent protective order valid for 2 years.
Definition of Family Abuse - ✔✔Family abuse refers to acts of violence or threats of violence
against a family member.
Violence - ✔✔Any act involving violence, force, or threat of force including; any forceful
detention, results in bodily injury or places one in a reasonable apprehension of bodily injury.
Family Disturbances - ✔✔Any yelling and screaming in the household which would disrupt the
family.
Summons to Appear - ✔✔In cases where the offense would be a class 3/ class 4 misdemeanor,
a summons to appear is mailed with 5 days to the parents.
, Petition (Juvenile Law) - ✔✔A petition is the equivalent of a warrant/ possibly a detention order
as well. All matters alleged to be within jurisdiction of the court must be commenced by the
filing of the petition.
Status Offender - ✔✔A child who commits an act prohibited by law which would not be
criminal if done by an adult.
CHINS - ✔✔A child whose behavior, conduct or conditions presents or results in a serious threat
to the well-being and physical safety.
Delinquent Child - ✔✔Child who commits a delinquent act or an adult who commits a
delinquent act prior to their 18th birthday.
Warrants of Arrest - ✔✔No warrants of arrest shall be issued for any child by a magistrate
except on appeal from a decision of an intake officer.
Arrests for Crimes Outside Presence - ✔✔Shoplifting, carrying a weapon on school property,
and committing assault and battery.
Intake Statements Admissibility - ✔✔Statements made at intake or during mental health
screenings by a child are admissible in court proceedings? False.
Transporting Children with Adults - ✔✔Can children be transported with adults suspected or
charged with criminal acts? No they never are together.
Causes for Immediate Custody of Juvenile - ✔✔1. Detention order 2. A warrant issued by
magistrate. 3. CHINS 4. A child has committed a crime in the presence of the officer 5. Upon
complaint of person who saw the child commit a warrant less offense.