Shared Flashcard Set

Details

Domestic Violence
SGT Chavez
15
Law
Professional
08/31/2015

Additional Law Flashcards

 


 

Cards

Term

Define Domestic Violence

 

18-6-800.3

Definition

an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.

 

Includes crimes against person / property / animals when used as a method of coercion, control, punishment, intimidation, or revenge

Term
Define "intimate relationship".
Definition
a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
Term
T/F A sexual relationship is a mandatory element in defining an intimate relationship.
Definition

False.

 

A sexual relationship may be an indicator, but never a necessary condition of an intimate relationship for purposes of the Colorado Domestic Violence statute. 

Term
T/F An intimate relationship can include a roommate, friend, or acquqaintance.
Definition

False

 

The relationship must be a romantic attachment or shared parental status between parties

 

 

Term
What court case clarified that a sexual relationship is not a mandatory indicator of an 'intimate relationship?'
Definition

People v. Disher (2010)

 

In 2006 James Brian Disher was charged with harassment (he called the victim 117 times if under 48 hours) and obstructing police, but was not cited with domestic violence because he did not have a sexual relationship with the victim.  Despite the relationship being exclusive for a short duration the court chose not to pursue domestic violence as a charge because of the lack of a sexual relationship.

Term
On the Pattern of Violence wheel what are the eight categories of Power and Control?
Definition

Minimizing, denying, & blamingh
 using Intimidation

using Male privilege
using Isolation

using Children

 

using Coercion & threats

using Emotional abuse

using Economic abuse

 

try the pneumonic device MIMIC CEE to remember the category headings

Term
Name a few characteristics of a 'batterer'.
Definition
  • Low self esteem
  • Believes many myths about battering relationships
  • traditionalist
  • Blames others for his actions (work, alcohol, spouse)
  • Is pathologically jealous and intrusive into a woman's life
  • Presents a dual personality
  • Has severe stress reactions during which he uses alcohol/drugs and wife beating to cope
  • Uses sex as an act of aggression
  • Suffered from child abuse or neglect
  • Does not believe his violent behavior should have negative consequences

Term

A batterer often justifies, minimizes, and/or blames the abusive behavior on others. What are a few things a batterer might say that express their beliefs?

 

(based on the slide handout from SGT Chavez)

Definition

Justification (cultural beliefs / religious beliefs)

"I have the right to do this"

 

Minimization

"I didn't do anything wrong"

"If I did, I won't get caught"

"If I get caught, I can talk my way out of it"

"If I can't talk my way out, the consequences will be light"

 

Blaming

"She pushes my buttons"

"I'm the victim here"

Term
Name a few characteristics of a Domestic Violence Victim.
Definition

Loyal

Low self-esteem

Socially isolated

Believes traditional stereotypes

Believes myths of DV

Suffers from guilt, denies terror or anger

Is compliant, will rarely fight back

Term
Name a few reasons women stay in an abusive relationship.
Definition

Fear

Economic dependency

Parenting

Fear of retribution

Love

Survival

Fear of being alone

Religious and family pressure

Denial

Guilt

Identity

Term
T/F Domestic Violence is a mandatory arrest crime regardless of circumstances.
Definition

False

 

(mandatory arrest requires probable cause)

Term
What are the four considerations law enforcement officers must consider if a domestic violence dual complaint occurs?
Definition

Prior Complaints of Domestic Violence

 

The Relative Severity of the injuries influcted to each person

 

The likelihood of future injury to each person

 

The possiblity that one of the persons acted in self-defense

 

Try the pneumonic device PRLS but pronounce it 'Pearls'

Term
With a domestic violence case who is the only person that can drop charges?
Definition
The DA prosecuting the case
Term
Domestic Violence is a 'Victim's Rights Case'.  What does that mean?
Definition
The victim of DV has the right to consult with the DA before offers are made and when bond is addressed.  The Victim is also notified when released and they can speak at sentencing.
Term
T/F A domestic violence conviction means a person cannot carry a weapon for 24 months.
Definition
False - a domestic violence conviction results in a LIFETIME ban on firearms
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