1. Civil Protection Orders

2. Civil vs. Temporary Temporary Civil Criminal case Not enforceable
Terminates at end of case
Civil
May have criminal case
Up to five years of protection
May deal with visitation and support
Criminal sanctions for violation
DR or Juvenile Court

3. Who Can Get a CPO Family or Household Member = CPO
1. Spouse, ex spouse, person living as a spouse
2. Parent or child of offender or another person related by blood or marriage
3. Parent or child of spouse, person living as spouse, former spouse, or any other person related by marriage
4. Child in Common: Biological parent of any child whom the offender is the other natural parent
5. Cohabitated with the offender within the last 5 years (boyfriend/girlfriend & same sex couples)

4. Covered Offenses
Attempting to cause or recklessly causing bodily injury
Placing another in fear of imminent serious physical harm
Aggravated trespass
Abused child
Sexually oriented offense
Menacing by stalking
Pattern of conduct of two or more actions or incidents closely related in time
Knowingly caused or would cause the Petitioner physical harm or mental distress

5. What Happens When CPO Petition is Filed
Hearing on the same day petition is filed
Magistrate conducts hearing
Magistrate sign an ExParte order of protection
Order is filed with Clerk, but is effective immediately
Order is valid until a certain date, but is not terminated due to lack of service or continuance
Full hearing is scheduled

6. What Happens (cont.) Evidentiary Hearing (7-10 court days aft filing)
Each side presents evidence
Each side questions other side
Respondent has right to face accuser
Preponderance of the evidence
Magistrate decision
Dismiss
Consent
Full order 1-5 years

7. What We Need From Officers
Willingness to treat each incident as the first
Documentation:
Each party’s statements
Pictures, pictures, pictures
Statements of children if possible
Actions taken
Officer’s impressions
Detailed statement of injuries

8. Assessing Lethal Risk to Victims
Has he/she ever used a weapon against you or threatened you with a weapon?
Has he/she threatened to kill you or your children?
Do you think he/she might try to kill you?
Does he/she have a gun, or can he/she get one easily?

9. Assessment (cont.) Has he/she ever tried to choke you?
Is he/she violently or constantly jealous?
Does he/she control most of your daily activities?
Have you left him/her or separated after living together or being married?
Is he/she unemployed?

10. Assessment (cont.) Has he/she ever tried to kill him/herself?
Do you have a child he/she knows is not his/hers?
Does he/she follow or spy on you or leave threatening messages?
Has he/she been diagnosed with a mental illness?

11. Enforcement
Full faith and credit requires law enforcement to enforce a qualifying civil protection or anti-stalking order regardless of whether victim registered the order
Qualifying order is issued by court that has jurisdiction over issues and parties
A CPO or ASCPO supersedes a TPO
CPO does not supersede a no contact order that is part of probation

12. Penalties for Violation
Criminal prosecution
Misdemeanor
Felony
Contempt of court
Jail or prison
Affirmative defense

13. ORC &
At the time of initial contact Law Enforcement should:
Promptly investigate crime
Make arrest
Explanation of victims rights
Information about compensation to victims
Information about protection available
Give victim:
Business number of officer
Office address and business number of prosecutor
Victim may contact law enforcement for status

14. What Victims Need From Officers
Good Documentation
Treat each incident separately
Understand that DV is progressive
Serve protection order to respondent
Answer violation calls quickly and every time
Understand that it takes time to leave for good
Understand the danger she may be in for calling and leaving