PRACTICAL GUIDE FOR THE BAR TO THE NEW CDV LAW Presented by: Judy Munson Assistant Solicitor, 13 th Judicial Circuit

MANDATORY ARREST No longer required with a complaint of abuse coupled with physical manifestations of injury. L.E. MUST NOT arrest where there is no probable cause and no physical manifestation of injury

TICKETS Domestic Violence 2 nd and 3 rd degree can be written on a Uniform Traffic Ticket

REPORTS (A): The investigation must be documented on an incident report form which must be maintained by the investigation agency.

PROTECTION ORDER Restraining Order Condition of bond Or any similar order issued in this State, or another State, or foreign jurisdiction for the purpose of protecting a household member (H)

PERMANENT RESTRAINING ORDER Person must have convicted of – DV – or a level of A & B pled down from DV – Stalking / Harassment – CSC – or ABHAN pled down from CSC Can be requested at a plea or the person can file for it in Circuit Court (Magistrate Court in an “emergency” “permanent” = what ever the Judge says it is

BOND Court must now consider whether release would constitute an unreasonable risk of danger to an individual. For the purposes of bond revocation the summary court has concurrent jurisdiction with the Circuit Court for 10 days from the date the bond is set.

BOND A bond hearing for a person charged with a violation of the DV law may not proceed without: – Person’s criminal record and – Incident report or presence of the arresting officer Must be held within 24 hours after the person’s arrest. – Person’s criminal record and – Incident report or presence of the arresting officer

FIREARMS Convictions for DV 1st degree and HAN now subject a person to punishment under (up to 5 years and $2000 fine) Convictions for DV 2 nd and DV 3 rd degree do the same under certain circumstances (up to 3 years and $1000 fine) Possession of a firearm while under a Family Court Order of Protection exposes the person to 30 days and $500

FIREARM RESTRICTION DVHAN = life time restriction DV 1 ST DEGREE = 10 year restriction DV 2 ND & 3 RD DEGREE = 3 year restriction The time runs from the date of the conviction or the date the person is released from confinement, whichever is later.

DEFINITIONS MODERATE BODILY INJURY – Prolonged loss of consciousness – Temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ – Requires medical treatment involving general or regional anesthesia – Fracture or dislocation

DEFINITIONS GREAT BODILY INJURY – Substantial risk of death – Serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member

DEFINITIONS EXTREME INDIFFERENCE TO THE VALUE OF HUMAN LIFE (includes but is not limited to) – Using a deadly weapon – Cutting off breathing or blood thereby causing stupor or loss of consciousness for any period of time – In the presence of a minor – Offender knows or reasonably should know vic is pregnant – Committed during robbery, burglary, kidnapping or theft – Preventing the vic from calling for help

BACK TO BASICS Cause physical harm or injury to a household member…or Offer or attempt physical harm or injury – with apparent present ability – under circumstances creating reasonable fear of imminent peril

DV DEGREES AND PENALTIES DV 3 rd degree – Up to 90 days &/or $ $2500 – Eligible for PTI, may be tried in Summary Court DV 2 nd degree – Up to 3 years &/or $ $5000 DV 1 st degree – Up to 10 years violent and serious DVHAN – Up to 20 years violent and serious

LET’S DO SOME MATH! DV 3 RD + one or more of the following =DV 2 ND : MBI results or is likely Violates protective order Prior w/in last 10 years Child present or perceived by child Offender knows or should know victim is pregnant During robbery, burglary, kidnapping theft Impedes victim’s air flow Interferes with victim's ability to call for help

LET’S DO SOME MATH! DV 3 rd degree + one or more of the following = DV 1 st degree: GBI results or is likely Two or more prior convictions in the last 10 years Use of a firearm in any manner

LET’S DO SOME MATH! DV 2 nd degree + One or more of the following = DV 1 st degree: Violates protective order Child present or perceived by child Offender knows or should know vic is pregnant During a robbery, burglary, kidnapping, theft Impedes airflow Interferes with ability to call for help

LET’S DO SOME MATH! DV 3 rd degree + one or more of the following = DVHAN: – EIHL and GBI results – EIHL with or without battery and the vic is put in reasonable fear of imminent GBI or death DV 1 ST degree + violating protective order = DVHAN

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