ICDVP (ILLINOIS CERTIFIED DOMESTIC VIOLENCE PROFESSIONAL) ACTUAL EXAM QUESTIONS AND ANSWERS GRADED A+

ICDVP (ILLINOIS CERTIFIED DOMESTIC VIOLENCE PROFESSIONAL) ACTUAL EXAM QUESTIONS AND ANSWERS GRADED A+ . What is willful or wanton conduct when referring to IDVA? - ANSWERAction which is not intentional, shows an utter indifference to or conscious disregard for the safety of another person A DV victim has a right of action against a police department if the victim can show that - ANSWER-He/she is a person in need of protection under the IDVA -The statutory law enforcement duties owed to him/her were breached by the willful or wanton acts or omission of law enforcement officers and -Such conduct proximately caused plaintiff's injuries WHO IS COVERED BY THE IDVA? - ANSWERThe IDVA protects victims of domestic violence who are related to the abuser in one of the following ways: -related by blood or by present or prior marriage; -share or formerly shared a common dwelling (apartment or home); -have or allegedly have a child in common; -share or allegedly share a blood relationship through a child; or -have or have had a dating or engagement relationship. True or False: Any person who lives in the petitioner's household can be listed as a protected person on the petitioner's Order of Protection, whether or not such persons have a family or household relationship with the respondent. A protected person can sign a criminal complaint as a victim of the criminal offense of violation of order of protection - ANSWERTrue True or False: Anyone can file for an order of protection on behalf of a person who is prevented by age, disability, health or inaccessibility from filing on their own behalf, but such an order cannot be extended over the objections of the victim. - ANSWERTrue A court order that prohibits the abuser from committing certain behaviors or orders him to perform certain acts, is best knows as - ANSWEROrder of Protection Violation of an Order of Protection can result in the abuser being found in contempt of court, resulting in fine or incarceration, or criminal charges, carrying penalties up to _________ years under certain circumstances. - ANSWER3 years HOW CAN AN ORDER OF PROTECTION BE OBTAINED? - ANSWERCivil court or criminal court An Order of Protection can be obtained in _____________ court only as part of a criminal case in which the petitioner for the OP is the victim and the respondent to the OP is the defendant. - ANSWERCriminal The State's Attorney's Office represents the victim/petitioner for the OP through which court - ANSWERCriminal An Order of Protection can be obtained in ___________ Court in abuse and neglect or delinquency proceedings. - ANSWERJuvenile An Order of Protection can be obtained in __________ court in an independent proceeding, or in conjunction with a case in which the parties are the same, such as a divorce, custody, paternity, or probate case. - ANSWERCivil True or False: When the parties to an Order of Protection have or have had a divorce or paternity case, the Order of Protection must be obtained in the court where that case is or was heard. - ANSWERTrue When can OPs be obtain as part of a felony case? - ANSWERin bond court, at the preliminary hearing or at any time during the trial process. What type of OP can be entered without notice to the respondent? - ANSWEREmergency OP What type of OP may not grant counseling, temporary custody, payment of support, monetary compensation, or reimbursement of shelter costs, nor can the order prohibit possession of weapons. - ANSWEREmergency OP This type of OP may not include the counseling, payment of support or monetary compensation, shelter reimbursement or weapons remedies unless the respondent has filed a general appearance or has been personally served. - ANSWERInterim OP This type of OP is issued after the respondent has been served or the petitioner has served notice on the respondent and has satisfied the court that she or he is diligently attempting to complete the required service of process - ANSWERInterim OP This type of OP If entered in conjunction with a divorce, it can run for the life of the final decree - ANSWERPlenary OP This type of OP if entered in conjunction with a criminal offense, it can run for the length of the defendant's sentence plus two years - ANSWERPlenary OP What are the fees for an OP? - ANSWERThere are no fees for filing or serving orders of protection. A respondent will have to pay an appearance fee, which can be waived if the respondent in indigent. How many remedies are available in an OP? - ANSWER17 remedies This type of OP can last up to 30 day - ANSWERInterim OP This remedy orders the respondent not to further abuse the petitioner. "Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis. This remedy is granted whenever there is a finding of abuse. - ANSWERPROHIBITION AGAINST FURTHER ABUSE To be granted the exclusive position of residence, the petitioner must have a right to occupy the residence. The petitioner has the right to occupy if which conditions apply? - ANSWER-the petitioner's name is on the lease or title to the property; -the petitioner's spouse's name is on the lease or title; -the petitioner is caring for a minor child of the person whose name is on the lease or title; or -the petitioner but not the respondent has permission to occupy from the person(s) whose name is on the title or lease (example: relative's home or domestic violence shelter). The petitioner of an OP may deny access to the child if, when the respondent arrives for visitation, the respondent is.... - ANSWERunder the influence of drugs or alcohol and constitutes a threat to the safety and well-being of the petitioner or the child, or is behaving in a violent or abusive manner. The VISITATION remedy requires the court to restrict or deny the respondent's visitation with a minor child if the court finds that the respondent has done or is likely to - ANSWER-abuse or endanger the child during visitation; -use the visitation as an opportunity to abuse or harass the petitioner or the petitioner's family or household members; -improperly conceal or detain the minor child; or -otherwise act in a manner that is not in the best interest of the child. True of False: If the remedy of "visitation" is granted, the court can use the term "reasonable visitation." - ANSWERFalse. The order must specify dates and times for the visitation to take place or other specific parameters or conditions that are appropriate. To be granted the remedy of possession of property, the petitioner must - ANSWERHave a right to the property in question. True of False: A respondent may be charged with violation of order of protection for taking or damaging protected property only if he or she can be charged with theft or criminal damage to property as well. - ANSWERTrue True of False: The court cannot order the respondent to pay temporary support for the petitioner of any child in the petitioner's care or custody, when the respondent has a legal obligation to support that person. - ANSWERFalse. The court CAN order the respondent to pay temporary support for the petitioner of any child in the petitioner's care or custody, when the respondent has a legal obligation to support that person. True of False: The court can order the respondent to pay petitioner's losses suffered as a direct result of the abuse, including medical expenses, lost earnings or other support, repair or replacement of property damaged or taken, reasonable attorneys' fees, court costs and moving or other travel expenses including reasonable expenses for temporary shelter and restaurant meals. - ANSWERTrue Yes or No: Can court order the respondent to pay the reasonable expenses incurred or to be incurred in the search and recovery of the minor child, in cases of improper concealment or removal of a minor child? - ANSWERYes! Including but not limited to, legal fees, court costs, private investigator fees, and travel costs. Yes or No: Can court (OP) prohibit the respondent from entering or remaining in the residence or household while the respondent is under the influence of alcohol or drugs and constitutes a threat to the safety and well-being of the petitioner or the petitioner's children? - ANSWERYes. The order of protection shall deny respondent access to, and prohibit respondent from inspecting, obtaining, or attempting to inspect or obtain, school or any other records of a child in the care of the petitioner when: - ANSWER-the OP prohibits the respondent from having contact with the child; -the petitioner's address is omitted to protect the petitioner; or -if necessary to prevent abuse or wrongful removal or concealment of the child. True or False: The court may order the respondent to reimburse a shelter providing temporary housing and counseling services to the petitioner for the costs of the services, as certified by the shelter and deemed reasonable by the court. - ANSWERTrue True or False: If the order of protection grants the petitioner exclusive possession of the residence, prohibits the respondent from entering the residence or orders the respondent to stay away, the court may allow the respondent access to the residence to remove items of clothing, personal adornment and medications used exclusively by the respondent. The respondent may be allowed to remove items up to 3 times as long as they are escorted. - ANSWERFalse. The respondent may be allowed access on only ONE occasion and in the presence of an agreed-upon third party or a law enforcement officer. How soon are Orders of protection enforced? - ANSWERAn order of protection is enforceable when issued Can a respondent be held in contempt for violating an order or charged with Violation of Order of Protection or Child Abduction for a violation of certain remedies as soon as the order is granted without prior noticed? - ANSWERNo. A respondent has to gained actual knowledge of the order and/or remedy. Can a (petitioner) protected person give effective consent to violate an order of protection? - ANSWERNo. Orders of protection are orders of the court, not of the victim. Can a respondent who violates an order be charged with violation of order of protection, even if the respondent had the consent of the victim. - ANSWERYes. If a petitioner no longer feels the need for a remedy, he or she should return to the issuing court and seek a modification of the order. This type of contempt is used to coerce the respondent into complying with the order of protection - ANSWERCivil Contempt This type of contempt is used to punish the respondent for a violation of the order. - ANSWERCriminal Contempt What are the remedies that can result in criminal charges (VOOP)? - ANSWER- Prohibition against further abuse; -Exclusive possession of the residence; -Stay away from the petitioner or away from specific locations; -Stay out of the residence when under the influence and constituting a threat to the safety and well-being of the petitioner; -Prohibition against firearm possession; or -Any other remedy that would also constitute a crime (such as theft or criminal damage to property). VOOP is a Class A misdemeanor for the first offense, carrying a penalty of up to - ANSWER365 days in jail VOOP can be charged as a Class 4 felony, carrying a penalty of 1 to 3 years, if.... - ANSWERIf the person has a prior conviction for any of the following offenses and the victim of that offense was a family or household member: -domestic battery, -violation of order of protection, -aggravated battery, aggravated domestic battery, heinous battery, and aggravated battery with a firearm, -unlawful restraint and aggravated unlawful restraint, -stalking and aggravated stalking, -aggravated battery of a child, aggravated battery of a unborn child, aggravated battery of a senior citizen, -criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child, -kidnapping and aggravated kidnapping, -aggravated arson, -aggravated discharge of a firearm, -attempted first degree murder, and -first degree murder. A respondent may be charged with child abduction for violating an order of protection in the following ways: - ANSWER-intentionally concealing or detaining a child or removing a child from the state in violation of the remedy granting the petitioner or another person physical care and/or possession of the child; -intentionally concealing or detaining a child or removing a child from the state in violation of the remedy granting temporary legal custody to the petitioner; or -intentionally concealing or detaining a child within the state or removing a child from the state in violation of the remedy prohibiting such conduct. What type of crime is child abduction considered? - ANSWERClass 4 felony, carrying a penalty of 1-3 years If the Illinois order of protection granted to a lesbian is violated in another state that does not protect persons in same-sex relationships, can it still be enforced? - ANSWERYes. The law of the issuing state determines the issuing of the order of protection, including who is protected, what the remedies are, and how long the order is in effect. The state where the violation occurs must honor the order, even if the laws of that state are inconsistent. If the Illinois order of protection is violated in a state that only allows for enforcement through contempt, can the offender be arrested? - ANSWERNo. The law of the state where the violation occurs determines how the order is enforced. The offender would only be held in contempt. Can a violation in Illinois of a protective order entered in a state that enforces through contempt, result in arrest? - ANSWERYes. The law of the state where the violation occurs determines how the order is enforced. A person can be charged with a __________________________ for crossing a state line with the intent to violate any portion of a protective order that involves protection against credible threats of violence, repeated harassment, or bodily injury to a protected person. - ANSWERFederal Felony WHAT ARE LAW ENFORCEMENT RESPONSIBILITIES UNDER THE ILLINOIS DOMESTIC VIOLENCE ACT? - ANSWER-Every law enforcement agency must develop, adopt and implement written policies regarding arrest procedures for domestic violence incidents. -Officers must make a written report of any good faith allegation of domestic violence, even when an arrest is not being made -Whenever a law enforcement officer has reason to believe that a person has been abused by a family or household member, the officer must immediately use all reasonable means to prevent further abuse What must be included in police officer's written report of allegation of domestic violence? - ANSWERThe report must include: - the disposition of the officer's investigation; -the victim's statements as to the frequency and severity of prior incidents of abuse by the same offender; and -the number of prior calls for police assistance. Whenever a law enforcement officer has reason to believe that a person has been abused by a family or household member, the officer must immediately use all reasonable means to prevent further abuse, including: - ANSWER-if appropriate, arresting the abusing person; -if there is probable cause to believe that particular weapons were used to commit the incident of abuse, seizing and taking inventory of weapons; -accompanying the victim to his or her residence, for a reasonable period of time, to remove necessary personal belongings or possessions; -offering the victim a written summary of the procedures and relief available to the victim in a language appropriate for the victim; -giving the victim his or her name and badge number; -providing the victim one referral to an accessible service agency; -advising the victim about seeking medical attention and preserving evidence, specifically including: taking photographs of injury or damage and retaining damaged clothing or other property; -arranging or providing the victim (and at the victim's request, any minors or dependents in the victim's care) accessible transportation to a medical facility for treatment of injuries or to a nearby place of shelter or safety. True or False: Any officer may make an arrest without a warrant if the officer has probable cause to believe that the person has committed or is committing any crime, even if the crime was not committed in the presence of the officer. - ANSWERTrue Can a person arrested for VOOP or domestic battery be bond out at the station after posting bond? - ANSWERNo. As of April, 1997, Supreme Court Rule 528 requires that bond for violation of order of protection and domestic battery be set by a judge At the time of release for any person charged with a crime against family or household members, whether released on bond at the station or where bond is set by a judge, the person is placed on special conditions of bond to protect the domestic violence victim. If released from the station, the following conditions must be set: - ANSWER-refrain from contact or communication with the victim for a minimum period of 72 hours following release; and -refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following release. If bond is set by a judge, the amount of time that these conditions will be in effect is discretionary and thus can be more or less than 72 hours. What type of charge can a person face for violation of bond? - ANSWERClass A misdemeanor. A person arrested for violation of bail bond cannot be released from the station. Bond must be set by a judge. The Illinois Domestic Violence Act includes an order of protection remedy requiring a respondent to turn over any firearms in his or her possession to the respondent's local law enforcement agency. This remedy must be ordered by the court if: - ANSWER- the petitioner has alleged in the petition that the respondent has threatened or is likely to use firearms illegally against the petitioner, and -the court finds that there is any danger of illegal use of firearms. How long can firearms be kept by law enforcement agency as a prohibition in an OP? - ANSWERThe period of time that the firearms are to be kept by the law enforcement agency must be specified in the order and cannot exceed two years. Firearms are released to the respondent at the expiration of the order or after the date specified in the order, whichever is sooner. Id.