Family Violence: Duties of Police Officers (Part II)
A police officer’s role in a family violence case is to investigate and protect the victims, enforce any protective orders that may be in place, and, if necessary, make an arrest. We wrote about the investigative piece last week, and now it’s time to go over the enforcement of protective orders.
Let’s start with defining what a protective order is in a family violence case. A protective order is issued when someone (ex: a spouse) believes their life is in danger because of physical abuse, harassment, stalking, or some other threat from their significant other or former spouse. These orders can be requested if the violence has already happened or is likely to occur, and any violation of a protective order can result in civil and criminal consequences.
Once law enforcement has received an order, they must enter the details of the report into the appropriate system within three business days. Once that step is complete, the person who requested the protective order can ask the police officer to do the following:
- Be present with the applicant at the residence in question for protection
- Demand that the respondent leave the residence per the order
- Protect the applicant while the respondent leaves
If the respondent refuses to leave as per the terms of a final protective order, the police officer can forcefully remove and arrest that person. If it’s a temporary ex parte order, the officer cannot make an arrest but can still be present to protect the victim while they take possession of their own property.
What about protective orders issued in another state?
Occasionally, a police officer may be asked to respond to a protective order from another state. These orders, also known as foreign protective orders, are still enforceable, though the officer must have probable cause to believe the order is still enforceable and has been violated. If a foreign protective order cannot be enforced, the officer must still make the respondent aware and give them time to comply.
Call Nelson Law Group Today!! – Family Violence: Duties of Police Officers (Part II)
When you are faced with a family violence case, the right attorney will give you practical legal advice that you can use to get through the legal difficulties with which you are presented. At the Nelson Law Group, PC, we listen to you and then provide a straightforward evaluation of your case.
Give our knowledgeable staff here at Nelson Law Group, PC a call if you have any further questions regarding this – or any other – issue. Our staff is always available.
Give us a call today! For more information about Brett A Nelson click here.