SCCJA Pre-Academy Block 1-Domestic Violence, Juvenile
Procedures, Victimology, Harassment and Stalking,
Criminal Gang Overview
deadly weapon
Any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used
to inflict deadly force
great bodily injury
bodily injury which causes substantial risk of death or which causes serious, permanent
disfigurement or impairment of the function of a bodily member or organ
moderate bodily injury
physical injury that involves prolonged loss of consciousness or that causes temporary
or moderate disfigurement or temporary loss of the function of a bodily member or
organ or injury that requires medical treatment when the treatment requires the use of
regional or general anesthesia or injury that results in a fracture or dislocation; does not
include one-time treatment and subsequent observations of scratches, cuts, abrasions,
bruises, burns, splinters, or any other minor injuries that do not ordinarily require
extensive medical care
prior conviction of domestic violence
conviction of any crime, in any state, containing among its elements the same elements
or similar to those of SC law
Protection order
Any order of protection, restraining order, condition of bond, or any other similar order
issued in this state or another sate or foreign jurisdiction for the purpose of protecting a
household member
Firearm
Pistol, revolver, rifle, shotgun, machine gun, submachine gun. or an assault rifle which
is designed to fire or is capable of firing fixed cartridge ammunition
"Household member" means
Spouse
Former spouse
Persons who have a child in common
A male and female who are cohabitating or have previously cohabitated
Obergefell v. Hodges
States obligated to recognize same-sex marriage from other states.
Domestic violence third degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
Domestic violence second degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
,AND
-Moderate bodily injury results
-the offender violates a protection order
-the offender has a prior conviction for DV in the past 10 years
OR
-In the process of committing DV third:
~the offense is committed in the presence of or perceived by a minor
~the victim is pregnant and the offender knew or should have known
~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft
~the victim's breathing or air flow is impeded
~the offender physically restricts the victim from reporting to or calling emergency
services
Domestic violence first degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-Great bodily injury results
-the offender violates a protection order
-the offender has two prior convictions for DV in the past 10 years
-the offender uses or presents a firearm
OR
-In the process of committing DV second:
~the offense is committed in the presence of or perceived by a minor
~the victim is pregnant and the offender knew or should have known
~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft
~the victim's breathing or air flow is impeded
~the offender physically restricts the victim from reporting to or calling emergency
services
Domestic violence of a high and aggravated nature
-To offer or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-the offender manifests extreme indifference to the value of human life and great bodily
injury results or causes the victim to fear great bodily injury or death
-the offender violates a protection order in the process of committing DV first
Circumstances manifesting extreme indifference to the value of human life
-the offender uses a deadly weapon
-the offender knowingly and intentionally impedes the normal breathing or circulation of
blood of a household member by applying pressure to the throat or neck or by
obstructing the nose or mouth of a household member and thereby causing stupor or
loss of consciousness for any period of time
-the offense is committed in the presence of a minor
, -the victim is pregnant and the offender knew or should have known
-the DV is committed during the commission of a robbery, burglary, kidnapping, or theft
-the offender physically restricts the victim from reporting to or calling emergency
services
When an officer can arrest for DV
If the offense is being committed or has been freshly committed
Primary physical aggressor mandatory determiners
prior complaints of DV
severity of injuries
likelihood of future injury
whether someone acted in self-defense
household member accounts
Primary physical aggressor recommended determiners
size and strength
physical ability
ability to seek assistance without self defense
children present
criminal history
access to weapons
prior LE encounters
Mutual Combat
when the parties to a fight voluntarily engage in violence
self-defense
use of force that appears reasonably necessary for the self-protection of an intended
victim
what not to say to victim at a dv scene
they or everyone will get arrested
DSS will take the kids
why do you stay/you need to leave/you're dumb or crazy for staying
I wouldn't put up with that/why do you allow yourself to get hit/I wouldn't let this happen
in my family
what to say to victim at a dv scene
if you need us to come back just call
please call if offender comes back
I am afraid for your and your children's safety
you do not deserve this and it is not your fault
it will only get worse
give information about dv resources
When is evidence obtained from a dv scene admissible?
-found in plain view
-found during a search conducted after a lawful arrest
-if it is evidence of a violation of dv law
Steps to take at a dv scene
gather information-find out the nature of the call, number of people on scene, injuries,
presence of weapons, call history of location, back up unit availability; start the process
of investigation
Procedures, Victimology, Harassment and Stalking,
Criminal Gang Overview
deadly weapon
Any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used
to inflict deadly force
great bodily injury
bodily injury which causes substantial risk of death or which causes serious, permanent
disfigurement or impairment of the function of a bodily member or organ
moderate bodily injury
physical injury that involves prolonged loss of consciousness or that causes temporary
or moderate disfigurement or temporary loss of the function of a bodily member or
organ or injury that requires medical treatment when the treatment requires the use of
regional or general anesthesia or injury that results in a fracture or dislocation; does not
include one-time treatment and subsequent observations of scratches, cuts, abrasions,
bruises, burns, splinters, or any other minor injuries that do not ordinarily require
extensive medical care
prior conviction of domestic violence
conviction of any crime, in any state, containing among its elements the same elements
or similar to those of SC law
Protection order
Any order of protection, restraining order, condition of bond, or any other similar order
issued in this state or another sate or foreign jurisdiction for the purpose of protecting a
household member
Firearm
Pistol, revolver, rifle, shotgun, machine gun, submachine gun. or an assault rifle which
is designed to fire or is capable of firing fixed cartridge ammunition
"Household member" means
Spouse
Former spouse
Persons who have a child in common
A male and female who are cohabitating or have previously cohabitated
Obergefell v. Hodges
States obligated to recognize same-sex marriage from other states.
Domestic violence third degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
Domestic violence second degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
,AND
-Moderate bodily injury results
-the offender violates a protection order
-the offender has a prior conviction for DV in the past 10 years
OR
-In the process of committing DV third:
~the offense is committed in the presence of or perceived by a minor
~the victim is pregnant and the offender knew or should have known
~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft
~the victim's breathing or air flow is impeded
~the offender physically restricts the victim from reporting to or calling emergency
services
Domestic violence first degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-Great bodily injury results
-the offender violates a protection order
-the offender has two prior convictions for DV in the past 10 years
-the offender uses or presents a firearm
OR
-In the process of committing DV second:
~the offense is committed in the presence of or perceived by a minor
~the victim is pregnant and the offender knew or should have known
~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft
~the victim's breathing or air flow is impeded
~the offender physically restricts the victim from reporting to or calling emergency
services
Domestic violence of a high and aggravated nature
-To offer or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-the offender manifests extreme indifference to the value of human life and great bodily
injury results or causes the victim to fear great bodily injury or death
-the offender violates a protection order in the process of committing DV first
Circumstances manifesting extreme indifference to the value of human life
-the offender uses a deadly weapon
-the offender knowingly and intentionally impedes the normal breathing or circulation of
blood of a household member by applying pressure to the throat or neck or by
obstructing the nose or mouth of a household member and thereby causing stupor or
loss of consciousness for any period of time
-the offense is committed in the presence of a minor
, -the victim is pregnant and the offender knew or should have known
-the DV is committed during the commission of a robbery, burglary, kidnapping, or theft
-the offender physically restricts the victim from reporting to or calling emergency
services
When an officer can arrest for DV
If the offense is being committed or has been freshly committed
Primary physical aggressor mandatory determiners
prior complaints of DV
severity of injuries
likelihood of future injury
whether someone acted in self-defense
household member accounts
Primary physical aggressor recommended determiners
size and strength
physical ability
ability to seek assistance without self defense
children present
criminal history
access to weapons
prior LE encounters
Mutual Combat
when the parties to a fight voluntarily engage in violence
self-defense
use of force that appears reasonably necessary for the self-protection of an intended
victim
what not to say to victim at a dv scene
they or everyone will get arrested
DSS will take the kids
why do you stay/you need to leave/you're dumb or crazy for staying
I wouldn't put up with that/why do you allow yourself to get hit/I wouldn't let this happen
in my family
what to say to victim at a dv scene
if you need us to come back just call
please call if offender comes back
I am afraid for your and your children's safety
you do not deserve this and it is not your fault
it will only get worse
give information about dv resources
When is evidence obtained from a dv scene admissible?
-found in plain view
-found during a search conducted after a lawful arrest
-if it is evidence of a violation of dv law
Steps to take at a dv scene
gather information-find out the nature of the call, number of people on scene, injuries,
presence of weapons, call history of location, back up unit availability; start the process
of investigation
