SCCJA Pre-Academy Block 1-Domestic
Violence, Juvenile Procedures, Victimology,
Harassment and Stalking, Criminal Gang
Overview Exam
deadly weapon - -Any pistol, dirk, slingshot, metal knuckles, razor, or other
instrument which can be used to inflict deadly force
-great bodily injury - -bodily injury which causes substantial risk of death or
which causes serious, permanent disfigurement or impairment of the
function of a bodily member or organ
-moderate bodily injury - -physical injury that involves prolonged loss of
consciousness or that causes temporary or moderate disfigurement or
temporary loss of the function of a bodily member or organ or injury that
requires medical treatment when the treatment requires the use of regional
or general anesthesia or injury that results in a fracture or dislocation; does
not include one-time treatment and subsequent observations of scratches,
cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do
not ordinarily require extensive medical care
-prior conviction of domestic violence - -conviction of any crime, in any
state, containing among its elements the same elements or similar to those
of SC law
-Protection order - -Any order of protection, restraining order, condition of
bond, or any other similar order issued in this state or another sate or foreign
jurisdiction for the purpose of protecting a household member
-Firearm - -Pistol, revolver, rifle, shotgun, machine gun, submachine gun. or
an assault rifle which is designed to fire or is capable of firing fixed cartridge
ammunition
-"Household member" means - -Spouse
Former spouse
Persons who have a child in common
A male and female who are cohabitating or have previously cohabitated
-Obergefell v. Hodges - -States obligated to recognize same-sex marriage
from other states.
-Domestic violence third degree - --To cause, offer, or attempt physical
harm
-with apparent present ability
,-directed at a household member
-creating fear of imminent peril
-Domestic violence second degree - --To cause, offer, or attempt physical
harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-Moderate bodily injury results
-the offender violates a protection order
-the offender has a prior conviction for DV in the past 10 years
OR
-In the process of committing DV third:
~the offense is committed in the presence of or perceived by a minor
~the victim is pregnant and the offender knew or should have known
~the DV is committed during the commission of a robbery, burglary,
kidnapping, or theft
~the victim's breathing or air flow is impeded
~the offender physically restricts the victim from reporting to or calling
emergency services
-Domestic violence first degree - --To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-Great bodily injury results
-the offender violates a protection order
-the offender has two prior convictions for DV in the past 10 years
-the offender uses or presents a firearm
OR
-In the process of committing DV second:
~the offense is committed in the presence of or perceived by a minor
~the victim is pregnant and the offender knew or should have known
~the DV is committed during the commission of a robbery, burglary,
kidnapping, or theft
~the victim's breathing or air flow is impeded
~the offender physically restricts the victim from reporting to or calling
emergency services
-Domestic violence of a high and aggravated nature - --To offer or attempt
physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
, AND
-the offender manifests extreme indifference to the value of human life and
great bodily injury results or causes the victim to fear great bodily injury or
death
-the offender violates a protection order in the process of committing DV first
-Circumstances manifesting extreme indifference to the value of human life
- --the offender uses a deadly weapon
-the offender knowingly and intentionally impedes the normal breathing or
circulation of blood of a household member by applying pressure to the
throat or neck or by obstructing the nose or mouth of a household member
and thereby causing stupor or loss of consciousness for any period of time
-the offense is committed in the presence of a minor
-the victim is pregnant and the offender knew or should have known
-the DV is committed during the commission of a robbery, burglary,
kidnapping, or theft
-the offender physically restricts the victim from reporting to or calling
emergency services
-When an officer can arrest for DV - -If the offense is being committed or
has been freshly committed
-Primary physical aggressor mandatory determiners - -prior complaints of
DV
severity of injuries
likelihood of future injury
whether someone acted in self-defense
household member accounts
-Primary physical aggressor recommended determiners - -size and strength
physical ability
ability to seek assistance without self defense
children present
criminal history
access to weapons
prior LE encounters
-Mutual Combat - -when the parties to a fight voluntarily engage in violence
-self-defense - -use of force that appears reasonably necessary for the self-
protection of an intended victim
-what not to say to victim at a dv scene - -they or everyone will get arrested
DSS will take the kids
why do you stay/you need to leave/you're dumb or crazy for staying