Where is the rule of thumb derived from? - ANSWER In the 1700's, there was English
common law decreeing that a husband could chastise his wife with a whip no bigger
than his thumb
Who and when stated that wives charging husbands with criminal assault and battery
must suffer more injuries than commonly needed for charges of battery? - ANSWER
California Penal Code, 1977
"A person does not commit rape/sexual battery if the victim is the legal spouse of the
perpetrator." =? - ANSWER limited spousal exclusion (no longer a thing)
What ended the limited spousal exclusion? When? - ANSWER Spousal Rape Charges,
1989
_____ of domestic violence cases are misdemeanors. - ANSWER 90%
Domestic Violence: Name the 6 most common areas of office liability. 1. failure to take
appropriate measures to safeguard a citizen, 2. failure to properly enforce an order of
the court which is designed to protect a domestic abuse victim, 3. failure to respond at
all or in a timely manner, 4. failure to give information to a victim when the law requires
such action, 5. detaining a citizen without first establishing probable cause, 6.
demonstrating a pattern of selective treatment or application of the law in cases dealing
with domestic violence
Assault - A person commits _____ who: intentionally, knowingly, or recklessly causes
bodily injury to another. - ANSWER assault
,Assault - A person commits _____ who: intentionally, knowingly causes another to
reasonably fear imminent bodily injury. - ANSWER assault
Assault - A person commits _____ who: intentionally or knowingly causes physical
contact with another and a reasonable person would regard the contact as extremely
offensive or provocative. - ANSWER assault
When does assault become domestic assault? - The relationship between the victim and
suspect falls into what 6 categories? ANSWER 1. current/former spouses, 2. lived
together/have lived together, 3. dating/have dated/who have had a sexual relationship,
4. related by blood or adoption, 5. related or were formerly related by marriage, 6. minor
children of persons involved in above situations
Charging domestic assault - 1st offense? - ANSWER class A misdemeanor
Charging domestic assault - 2nd offense? - ANSWER class A misdemeanor and
mandatory of 30 days min
Charging domestic assault - 3rd offense if (a) NO suffering of the victim's body and (b)
victim IS NOT defendant's spouse or intimate partner or minor child of spouse or ex? -
ANSWER class A misdemeanor and mandatory of 90 days min
Charging domestic assault - 3rd offense and the victim suffers bodily (threatening or
offensive touching does not apply)? - ANSWER can be class E felony with 90 days min
Charging domestic assault - 3rd offense and victim is defendant's spouse or intimate
partner or minor child of spouse or ex? - ANSWER can be class E felony with 90 days
min
If you have 2 prior domestic assault convictions and hit your spouse in the face causing
injury, what is the crime classification? - ANSWER class E felony
If you have 2 prior domestic assault convictions and hit your sister in the face causing
,injury, what is the crime classification? - ANSWER class A misdemeanor
If a LEO has probable cause to believe that a person has committed a crime involving
domestic abuse, whether misdemeanor or felony, in the officer's presence or not, what
is the PREFERRED response of the officer? - ANSWER arrest
What do you do if the domestic assault deals with a roommate situation? - ANSWER
check with your district for their policy
Is arrest an appropriate response in domestic violence cases for persons who are not
the primary aggressor? - ANSWER no
What are 6 things a police officer may do to determine who is the primary aggressor in
domestic assault incidents (short version)? - ANSWER 1. parties history of domestic
abuse, 2. seriousness of injuries, 3. evidence of persons involved, 4. possibility of future
injury, 5. did one person act in self-defense?, 6. witness statements
Do you take a victim's wishes/request in determining probable cause of domestic
assault? - ANSWER no
Would the victim be willing or not to testify in court? If yes, then you should establish
probable cause. - ANSWER no
Should you consider a victim's past calls for assistance when establishing probable
cause of domestic assault? - ANSWER no
Should you ever threaten to arrest all parties in a domestic violence incident to
discourage further calls for intervention? - ANSWER no
TN law arrests when there are 2 or more parties on a domestic violence dispute, officer
shall do what? - ANSWER document the grounds for arrest in his/her report
, Domestic violence according to TN law - officer shall establish what about the parties
injuries? - ANSWER whether they're offensive or defensive
Domestic violence under TN law, if 2 or more parties make complaints what an officer
must do - ANSWER evaluate each complaint separately for probable cause
When a LEO investigates an allegation that domestic abuse occurred, the officer shall
make a complete report and file the report with his/her supervisor in a manner that will
_______. - ANSWER permit data on domestic abuse cases to be compiled
TN Code dealing with domestic relations/abuse and officer response to the primary
aggressor? - ANSWER TCA 36-3-619
What 4 steps must an officer follow when responding to the victim of a domestic abuse
call? - ANSWER 1. offer to transport-or arrange transport-the victim to safety, 2. advise
the victim of shelters/community centers / services, 3. give the victim notice of legal
rights available (pre-printed statement), 4. offer to transport the victim to where arrest
warrants are issued
"Refers to situations where both parties in a domestic violence call are arrested" = ? -
ANSWER dual arrest
When investigating domestic violence, LEO's have a statutory duty to do what 2 things? -
ANSWER investigate and evaluate
What will often lead a prosecutor to dismiss the case in domestic violence crimes? -
ANSWER dual arrest
Aggravated assault vs assault? - ANSWER aggravated contains: seriously bodily injury
or death to victim, use/display of deadly weapon, strangulation
Intentionally or knowingly impeding normal breathing or circulation of the blood by
applying pressure to the throat or neck or by blocking the nose and mouth of another
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