ANSWERS
Is a child able to obtain a protective order - ANS Yes but it must be filed on their behalf by a
parent or guardian
Can a preliminary or permanent protective orders be issued by both magistrates or judges -
ANS No only judges can. Judges are also the only ones who can make leases to the Protective
orders
How are emergency protective orders obtained? - ANS Either LEO or a victim can seek it and
issued by any JDR judge or magistrate. They are good for 72 hours or until the next business day
if the end of the hours falls on a holiday.
Possession and transportation of a firearm while a protective order is active by the defendant is
legal
True or False - ANS FALSE it is illegal and not allowed
While there is a PO in place can the defendant use a third party to communicate with the
petitioner? - ANS No, it is a violation of the PO And is an arrest able offense
What is the definition of stalking in family violence? - ANS 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 DV victim
In Virginia, LEO "shall" or just make an arrest in Domestic Violence cases, what must be
established in order to do so? - ANS 1. That there is a predominant aggressor
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,2. Look at the multiple facts to determine. If unable, at least make a report. Sometimes both
parties are arrested
3. Establish jurisdiction and relationship
LE and other social services like CPS NEVER work together T/F - ANS False they work together
often in Domestic Violence / Child abuse cases.
Victims should always be interviewed with the suspect present T/F - ANS False, victims and
suspects should always be interviewed separately.
LEO are mandated reporters, when do they report to social services? - ANS If a child is a
victim or directly involved in the Domestic violence incident- CPS must be notified. Voluntary
reporting of the child involvement is indirect.
What is the LEO responsibility when arriving on a domestic violence scene? - ANS 1. Make
the scene safe
2. Get the story: establish roles
3. Render aid
4.call CPS if need be
5. Secure warrants & EPO
What are the protections of Re Gault ( Juvenile Law) - ANS 1- welfare of child and family
2- the safety of the community
3- protection of the rights of the victims.
What kinds of protective orders are there and how long do they last - ANS 1- EPO= 72hrs
2- preliminary protective order= 2 weeks or up until court date.
3- permanent protective order- 2yrs
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, What is family abuse? - ANS 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. Which is committed by a person against such persons family/ household members
what is the defenition of family disturbances? - ANS Any yelling and screaming in the
household which would disrupt the family.
In cases where the offense would be a class 3/ class 4 misdemeanor, a summons to appear is
mailed with how many days to the parents - ANS 5 days
What is the petition (juvenile law) - ANS A petition is the equivalent of a warrant/ possibly a
detention order as well. All matters alleged to be to be within jurisdiction of the court must be
commenced by the filing of the petition
Definition of status offender - ANS A child who commits an act prohibited by law which
would not be criminal if done by an adult.
What is CHINS? - ANS A child whose behavior, conduct or conditions presents or results in a
serious threat to the well-being and physical safety.
Definition of delinquent child? - ANS Child who commits a delinquent act or and adult who
commits a delinquent act prior to their 18th birthday
No warrants of arrest shall be issued for any child by a magistrate except? - ANS On appeal
from a decision of an intake officer.
Arrests that can be made for crimes outside an officers presence? ( juvenile law ) -
ANS Shoplifting, carrying a weapon on school property, and committing assault and battery
Statements made at intake or during mental health screenings by a child are admissible in court
proceedings? True or False - ANS False
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