At a domestic violence incident, what are the factors a police officer considers to determine the primary physical aggressor? Describe the purpose of a protection order.
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cite this book as a source:
Michael D. Lyman, 2018
Protecting victims of domestic violence is the responsibility of the police officer. To make such an arrest, the officer has to consider various factors such as the degree of any injuries inflicted on either of the parties, the extent to which any party is inflicted to fear of physical injury and the history of the family violence and potential for future family violence between the parties involved the officer can ascertain that. Therefore, different states have different primary aggressor statutes, but some relate to all states, according to House Bill 5293.
To determine the party that belongs to the victim in domestic violence in a case where both parties exhibit signs of injury, the officer has to consider the extent of the injury, the history of domestic violence between the two parties, the person making threats has to be identified either the threat is made at a current situation or future harm, whether a party has a prior history of domestic violence that can be ascertained by a police officer, whether a person acts defensively to protect herself or himself from injury (Lyman, 2018). The officer is mandated to evaluate every party’s complaint separately in determining the primary physical aggressor.
A protection order aims to protect women from the immediate threat of violence by restraining the perpetrator from having any contact with the victim or the survivor during the time specified or generally getting rid of the perpetrator from home. To get a protection order, the victim has to sign an affidavit about what the abuser has done. If the court finds that the victim is in danger of harm, it first gives a temporary protection order while waiting for the hearing. A protection order can also be given to protect an object, state, company, country, or the general public, but domestic violence, assault, child abuse, stalking, harassment, or sexual abuse has to be the main reason.
Lyman, M. D. (2018). Criminal Investigation: Student Value Edition. Pearson.