Post by lace on Aug 10, 2006 22:16:42 GMT -5
[glow=red,2,300]Domestic violence rights explained[/glow]
Thursday, August 10, 2006
The following notice from Beverly Police Department outlines procedures regarding the handling of domestic violence cases:
Police must give the victim of domestic violence immediate and adequate notice of his or her rights. The notice shall consist of handing the victim a copy of the statement, which follows below, and reading the statement to the victim.
The victim shall sign the rights form and be given a copy. The officer shall submit the white copy along with their narrative report to their superior at the station.
***
The victim has the right to appear at the District Court, Probate and Family Court, Superior Court or Boston Municipal Court if they reside within the appropriate jurisdiction, and file a complaint requesting any of the following applicable orders:
The victim has the right to an order restraining an attacker from abuse.
The victim has the right to an order directing an attacker to leave the household, building or workplace.
The victim has the right to an order awarding the victim custody of a minor child.
The victim has the right to an order directing an attacker to pay support for the victim or any minor child in the victim's custody, if the attacker has a legal obligation of support.
The victim has the right to an order directing an attacker to pay for the victim's losses suffered as a result of abuse, including medical and moving expenses, loss of earnings or support, costs for restoring utilities and replacing locks, reasonable attorney's fees and other out-of-pocket losses for injuries and property damage sustained.
For an emergency on weekends, holidays, or weeknights, the police will refer the victim to a justice of the Superior, Probate and Family, District or Boston Municipal Court Departments.
Victims have the right to go to the appropriate District Court or the Boston Municipal Court and seek a criminal complaint for threats, assault and battery, assault with a deadly weapon, assault with intent to kill or other related offenses.
If the victim is in need of medical treatment, they have the right to request that an officer present drive them to the nearest hospital or otherwise assist in obtaining medical treatment.
If the victim believes that police protection is needed for their physical safety, they have the right to request that the officer present remain at the scene until the victim and their children can leave or until the victim's safety is otherwise ensured.
The victim may also request that the officer take them to a safe place, including but not limited to a designated meeting place for a shelter or a family member's or friend's residence, or a similar place of safety.
Victims may request a copy of the police incident report at no cost from the police department.
The emergency advocacy response is collaboration between HAWC, Help for Abused Women and their Children. A domestic violence advocate may be available to meet with the victim at the police department to provide confidential support, safety planning and/or assist in obtaining an emergency restraining order.
www2.townonline.com/beverly/localRegional/view.bg?articleid=553666
Thursday, August 10, 2006
The following notice from Beverly Police Department outlines procedures regarding the handling of domestic violence cases:
Police must give the victim of domestic violence immediate and adequate notice of his or her rights. The notice shall consist of handing the victim a copy of the statement, which follows below, and reading the statement to the victim.
The victim shall sign the rights form and be given a copy. The officer shall submit the white copy along with their narrative report to their superior at the station.
***
The victim has the right to appear at the District Court, Probate and Family Court, Superior Court or Boston Municipal Court if they reside within the appropriate jurisdiction, and file a complaint requesting any of the following applicable orders:
The victim has the right to an order restraining an attacker from abuse.
The victim has the right to an order directing an attacker to leave the household, building or workplace.
The victim has the right to an order awarding the victim custody of a minor child.
The victim has the right to an order directing an attacker to pay support for the victim or any minor child in the victim's custody, if the attacker has a legal obligation of support.
The victim has the right to an order directing an attacker to pay for the victim's losses suffered as a result of abuse, including medical and moving expenses, loss of earnings or support, costs for restoring utilities and replacing locks, reasonable attorney's fees and other out-of-pocket losses for injuries and property damage sustained.
For an emergency on weekends, holidays, or weeknights, the police will refer the victim to a justice of the Superior, Probate and Family, District or Boston Municipal Court Departments.
Victims have the right to go to the appropriate District Court or the Boston Municipal Court and seek a criminal complaint for threats, assault and battery, assault with a deadly weapon, assault with intent to kill or other related offenses.
If the victim is in need of medical treatment, they have the right to request that an officer present drive them to the nearest hospital or otherwise assist in obtaining medical treatment.
If the victim believes that police protection is needed for their physical safety, they have the right to request that the officer present remain at the scene until the victim and their children can leave or until the victim's safety is otherwise ensured.
The victim may also request that the officer take them to a safe place, including but not limited to a designated meeting place for a shelter or a family member's or friend's residence, or a similar place of safety.
Victims may request a copy of the police incident report at no cost from the police department.
The emergency advocacy response is collaboration between HAWC, Help for Abused Women and their Children. A domestic violence advocate may be available to meet with the victim at the police department to provide confidential support, safety planning and/or assist in obtaining an emergency restraining order.
www2.townonline.com/beverly/localRegional/view.bg?articleid=553666