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DOMESTIC VIOLENCE EXAM QUESTIONS AND ANSWERS -11
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DOMESTIC VIOLENCE EXAM QUESTIONS AND ANSWERS -11
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DOMESTIC VIOLENCE EXAM QUESTIONS AND ANSWERS #11What is the purpose of the Illinois Domestic Violence Act? - correct answer - Recognizes Domestic Violence as a serious crime against the individual and society
- Recognizes Domestic Violence against high risk adults with disabilities
- Recognizes that the legal system has ineffectively dealt with family violence in the past
- Support the efforts of victims of Domestic Violence to avoid further abuse
- Clarify the responsibilities of LEO to provide immediate, effective assistance, and protection for victims
- Expand the civil and criminal remedies for victims of Domestic Violence
Domestic Battery - correct answer - A person commits ______________ if he or she knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household member;
(2) Makes physical contact of an insulting or provoking nature with any family or household member
What is Abuse?
750 ILCS 60/103 - correct answer - 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.
What constitutes a family or household member (domestic battery)? - correct answer - Spouses, former spouses, parents, children, step children and other persons related by bloord or by present or prior marriage, persons who share or fomerly shared a common dwelling, persons who have or allegedly whoe have a child in common, persons who share or allegedly share a blood relationship though a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers (defined in Section 12-4.4a of the Criminal Code of 2012).
- Casual relationships nor ordinary fraternization between two individuals does NOT constitute a "family or household member" or a dating relationship.
Aggravated Domestic Battery - correct answer - A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.
- Strangulation (intentionally impeding the normal breathing or circulation of the blood of
an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual
When does the Illinois Domestic Violence Act (IDVA) apply? - correct answer Family or Household Member + Abuse = IDVA
What are the elements of an order of protection? - correct answer - Petitioner
- Respondent
- Remedies What role is the Petitioner in an Order of Protection? - correct answer - Victim or Complainant
What role is the Respondent in an Order of Protection? - correct answer Offender or Suspect
What does the term "remedies" mean for Order of Protections? - correct answer Rules or Requirements
Emergency Order of Protection - correct answer 14 - 21 Days (sets a hearing)
- No Notice Required
- Immediate and Present Danger
- Limited Remedies
Interim Order of Protection - correct answer 30 Days
- Usually Requires Notice
- Usually involves on-going/pending cases
- Not all remedies available
Plenary Order of Protection - correct answer Up to 2 Years (after a hearing)
- By agreement or consent
- By default
- Contested
- Notice is Required
- All Remedies Available
- Must reapply after 2 years
Who can get an order of protection? - correct answer - Any person abused by family or household member
- Victims of Domestic Violence can seek an Order of Protection for relief from the abuser
What remedies in an Order of Protection are police enforced? - correct answer - Prohibition of abuse
- Grant of exclusive possession of residence
- Stay away order and additional prohibitions
- Physical care and possession of the minor child
- Temp legal custody
- Removal or concealment of minor child
- Prohibition of entry
- Prohibition of firearm possession
Arrest Without a Warrant
750 ILCS 60/301 - correct answer (a) Any law enforcement officer may make an arrest without warrant if the officer has probable cause to believe that the person has committed or is committing any crime, including but not limited to violation of an order of
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