LD25 - Domestic Violence Exam Study Guide
Domestic violence - ANSWER abuse committed against adult or minor (PC 13700(b)).
include(s) 1 or more of the following relationships:
- spouse/former spouse,
- cohabitant/former cohabitant,
- dating relationship/former dating,
- engagement relationship/ former engagement relationship,
- person with whom respondent has had a child.
Abuse - ANSWER intentionally or recklessly causing or attempting to cause bodily
injury, or placing another person in reasonable apprehension of imminent serious bodily
injury to theirselves or another. (PC 13700(a))
Abuse 16120 - PC - ANSWER - intentionally or recklessly cause or attempt to cause
bodily injury,
- sexual assault,
- to place a person in reasonable apprehension of imminent serious bodily injury to that
person or another,
- to molest, attack, strike, stalk, destroy personal property, or violate the terms of a DV
protective order issued under the DV Prevention Act. (Commencing W/Family Code
Section 6300 et seq.)
Cohabitants - ANSWER 2 unrelated adults living together for a substantial period of
time, resulting in some permanency of relationship (PC 13700(b)). Parties who are
simply co-tenants, not involved in intimate relationships, are not considered
cohabitants.
Domestic disputes - ANSWER are not the same as DV. Domestic disputes are
disagreements between family or household members that do NOT involve violence,
threats of violence, or court order violations.
Willful infliction of corporal injury 273.5 - PC - ANSWER any person willfully inflicts upon
a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or on
any person who is the mother or father of his or her child, corporal injury resulting in a
traumatic condition. felony
Willful infliction of corporal injury Crime Elements - ANSWER - person willfully inflicts
injury upon another person.
,- the other person is a spouse, former spouse, cohabitant, former cohabitant, current or
former dating relationship partner, current or former engagement partner, or they have
a child in common.
- injury must be an actual physical injury. can be internal or external, minor or serious.
felony
Corporal injury - ANSWER injury to a person's body.
Traumatic condition - ANSWER Condition of the body, such as a wound,
external/internal injury including, not limited to, injury as a result of strangulation or
suffocation, whether of a minor or serious nature, caused by a physical force.
"strangulation" & "suffocation" include impeding the normal breathing or circulation of
blood of a person by applying pressure on throat or neck.
Spouse - ANSWER a relationship defined as being an individual partner in marriage
(e.g., husband or wife).
Criminal threats 422 - PC - ANSWER Person willfully makes a threat to commit a crime
which will result in death or GBI to the intended victim or a member of their immediate
family with specific intent that the statement is to be taken as a threat, even if there is no
intent to actually carry it out. Felony
Criminal threats Crime Elements - ANSWER - a threat to commit a crime resulting in
death or GBI to a person or their immediate family.
- threat must be such as to cause a person reasonably to be in sustained fear for their
own safety or for their immediate family's safety.
- threat must be made with specific intent that the statement be taken as a threat,
whether or not the person intends to carry it out.
- threat must on its face & under the circumstances made, be so unequivocal,
unconditional, immediate, & specific as to convey a gravity of purpose & immediate
prospect of execution.
- victim must be placed in sustained fear; a fear that is not transitory, fleeting, or
momentary.
- A condition that must be performed immediately; the condition is one the abuser has
no right to impose, and the abuser appears to intend to force performance by using
violence (i.e., "If you testify, I will kill you.").
- A threat that could reasonably induce fear in the victim (i.e., an abuser has beaten his
wife many times before. Last time he strangled her to unconsciousness and broke three
of her ribs. During an argument today, he told his wife, "Remember last time. I think it's
time to finish what I began." The victim is in fear).
- Officers should ask the victim what the threat means to him or her. Felony
, Stalking 646.9 - PC - ANSWER Person willfully, maliciously, & repeatedly follows or
harasses another person & makes a credible threat with intent of placing that person in
reasonable fear for their safety, or that of their immediate family. Felony
Stalking Crime Elements - ANSWER - willfully, maliciously & repeatedly follows another
person, or,
- willfully, & maliciously harasses another person,
- makes a credible threat,
- with intent to place the person in reasonable fear for his or her safety or the safety of
their immediate family. Felony
Credible threat - ANSWER a verbal, written, &/or electronically communicated
statement, &/or a threat implied by a pattern of conduct made with the intent of placing
the targeted person in reasonable fear for their safety or that of their immediate family.
Harass - ANSWER a knowing & willful course of conduct directed @ a specific person
that seriously alarms, annoys, torments, or terrorizes the person & serves no legitimate
purposes.
Course of conduct - ANSWER Pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose. The course of
conduct must be such as to cause a reasonable person to suffer substantial emotional
distress, & the victim must actually suffer substantial emotional distress.
Telephone calls with intent to annoy 635m -PC - ANSWER - Person, with intent to annoy,
telephones or makes contact by means of electronic communication device & uses
obscene language or makes a threat of injury to person, that person's property, or a
member of that person's family.
- Person makes repeated telephone calls or makes repeated contact by means of
electronic communication device w/intent to annoy another person @ that person's
residence, whether or not a conversation ensues.
- Person makes repeated telephone calls or makes repeated contact by means of
electronic communication device w/intent to annoy another person @ that person's
place of work and (1 of the following):
- there is a court order in effect prohibiting the contact; or
- there are more than 10 contacts in a 24-hour period, whether or not conversation
ensues, and the contacts are to the workplace of an adult or minor who is the person's
spouse, former spouse, cohabitant, former cohabitant, or person with whom the person
has a child, or is having or has had a dating or engagement relationship. misdemeanor.
Malicious destruction of telephone, telegraph, cable television, or electrical lines 591 -
PC - ANSWER unlawfully & maliciously takes down, removes, injures, severs a wire of,
Domestic violence - ANSWER abuse committed against adult or minor (PC 13700(b)).
include(s) 1 or more of the following relationships:
- spouse/former spouse,
- cohabitant/former cohabitant,
- dating relationship/former dating,
- engagement relationship/ former engagement relationship,
- person with whom respondent has had a child.
Abuse - ANSWER intentionally or recklessly causing or attempting to cause bodily
injury, or placing another person in reasonable apprehension of imminent serious bodily
injury to theirselves or another. (PC 13700(a))
Abuse 16120 - PC - ANSWER - intentionally or recklessly cause or attempt to cause
bodily injury,
- sexual assault,
- to place a person in reasonable apprehension of imminent serious bodily injury to that
person or another,
- to molest, attack, strike, stalk, destroy personal property, or violate the terms of a DV
protective order issued under the DV Prevention Act. (Commencing W/Family Code
Section 6300 et seq.)
Cohabitants - ANSWER 2 unrelated adults living together for a substantial period of
time, resulting in some permanency of relationship (PC 13700(b)). Parties who are
simply co-tenants, not involved in intimate relationships, are not considered
cohabitants.
Domestic disputes - ANSWER are not the same as DV. Domestic disputes are
disagreements between family or household members that do NOT involve violence,
threats of violence, or court order violations.
Willful infliction of corporal injury 273.5 - PC - ANSWER any person willfully inflicts upon
a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or on
any person who is the mother or father of his or her child, corporal injury resulting in a
traumatic condition. felony
Willful infliction of corporal injury Crime Elements - ANSWER - person willfully inflicts
injury upon another person.
,- the other person is a spouse, former spouse, cohabitant, former cohabitant, current or
former dating relationship partner, current or former engagement partner, or they have
a child in common.
- injury must be an actual physical injury. can be internal or external, minor or serious.
felony
Corporal injury - ANSWER injury to a person's body.
Traumatic condition - ANSWER Condition of the body, such as a wound,
external/internal injury including, not limited to, injury as a result of strangulation or
suffocation, whether of a minor or serious nature, caused by a physical force.
"strangulation" & "suffocation" include impeding the normal breathing or circulation of
blood of a person by applying pressure on throat or neck.
Spouse - ANSWER a relationship defined as being an individual partner in marriage
(e.g., husband or wife).
Criminal threats 422 - PC - ANSWER Person willfully makes a threat to commit a crime
which will result in death or GBI to the intended victim or a member of their immediate
family with specific intent that the statement is to be taken as a threat, even if there is no
intent to actually carry it out. Felony
Criminal threats Crime Elements - ANSWER - a threat to commit a crime resulting in
death or GBI to a person or their immediate family.
- threat must be such as to cause a person reasonably to be in sustained fear for their
own safety or for their immediate family's safety.
- threat must be made with specific intent that the statement be taken as a threat,
whether or not the person intends to carry it out.
- threat must on its face & under the circumstances made, be so unequivocal,
unconditional, immediate, & specific as to convey a gravity of purpose & immediate
prospect of execution.
- victim must be placed in sustained fear; a fear that is not transitory, fleeting, or
momentary.
- A condition that must be performed immediately; the condition is one the abuser has
no right to impose, and the abuser appears to intend to force performance by using
violence (i.e., "If you testify, I will kill you.").
- A threat that could reasonably induce fear in the victim (i.e., an abuser has beaten his
wife many times before. Last time he strangled her to unconsciousness and broke three
of her ribs. During an argument today, he told his wife, "Remember last time. I think it's
time to finish what I began." The victim is in fear).
- Officers should ask the victim what the threat means to him or her. Felony
, Stalking 646.9 - PC - ANSWER Person willfully, maliciously, & repeatedly follows or
harasses another person & makes a credible threat with intent of placing that person in
reasonable fear for their safety, or that of their immediate family. Felony
Stalking Crime Elements - ANSWER - willfully, maliciously & repeatedly follows another
person, or,
- willfully, & maliciously harasses another person,
- makes a credible threat,
- with intent to place the person in reasonable fear for his or her safety or the safety of
their immediate family. Felony
Credible threat - ANSWER a verbal, written, &/or electronically communicated
statement, &/or a threat implied by a pattern of conduct made with the intent of placing
the targeted person in reasonable fear for their safety or that of their immediate family.
Harass - ANSWER a knowing & willful course of conduct directed @ a specific person
that seriously alarms, annoys, torments, or terrorizes the person & serves no legitimate
purposes.
Course of conduct - ANSWER Pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose. The course of
conduct must be such as to cause a reasonable person to suffer substantial emotional
distress, & the victim must actually suffer substantial emotional distress.
Telephone calls with intent to annoy 635m -PC - ANSWER - Person, with intent to annoy,
telephones or makes contact by means of electronic communication device & uses
obscene language or makes a threat of injury to person, that person's property, or a
member of that person's family.
- Person makes repeated telephone calls or makes repeated contact by means of
electronic communication device w/intent to annoy another person @ that person's
residence, whether or not a conversation ensues.
- Person makes repeated telephone calls or makes repeated contact by means of
electronic communication device w/intent to annoy another person @ that person's
place of work and (1 of the following):
- there is a court order in effect prohibiting the contact; or
- there are more than 10 contacts in a 24-hour period, whether or not conversation
ensues, and the contacts are to the workplace of an adult or minor who is the person's
spouse, former spouse, cohabitant, former cohabitant, or person with whom the person
has a child, or is having or has had a dating or engagement relationship. misdemeanor.
Malicious destruction of telephone, telegraph, cable television, or electrical lines 591 -
PC - ANSWER unlawfully & maliciously takes down, removes, injures, severs a wire of,
