protection Orders - North Carolina State Bureau of...

Law Enforcement/Criminal Justice Use Only Revised July 15, 2015

Protection Orders

Special Operations Division Criminal Information and Identification Section

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Law Enforcement/Criminal Justice Use Only Rev. 7-15-2015

Module 6 ― Protection Orders

TABLE OF CONTENTS

Table of Contents 2-3

Training Objectives 4

Contents of the Law

Introduction 6

NC Domestic Violence Act 6-7

Types of Protection Orders

Ex Parte Domestic Violence Order of Protection 7

Domestic Violence Order of Protection 7-8

Military Protection Orders 8

Components of Domestic Violence Orders

Court File Information 8

Findings 9

Conclusions 9

Order 9-10

Identifying Information Sheet

Purpose 10

Uses 10

Court-Ordered Changes to Domestic Violence Orders

Modifications to Orders 11

Return of Service 11

Dismissal of Orders 11

Domestic Violence Court Orders & Access to Firearms

Order Suspends Concealed Handgun Permit 12

Order Prohibits Possession/Purchase 12-13

Violations of Domestic Violence Orders

Firearms-related Violations 13

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Domestic Violence Order Provision Violations 13

Access, Use, and Dissemination of Protection Order File Information 13-14

Retention of Records 14

File Transactions

Enter 14-16

Supplemental 16-17

Modify 17-18

Clear 18

Cancel 18

Cancel Supplement 18

Query 19

Cross Searches 19

Confirmation Procedures 19-20

Sample POF Response 20-21

North Carolina General Statutes Appendices 22-27

Forms Section

Identifying Information Sheet CV-312 29

Ex Parte Domestic Violence Protective Order CV-304 30-34

Domestic Violence Protective Order CV-306

CV-306 35-38

Temporary Child Custody Addendum CV-306A 39-40

Order Continuing DV Hearing and Ex Parte Order CV-316 41

Order Renewing/Setting Aside DV Protective Order CV-314 42-43

Request & Affidavit to Register Out-of-State Order CV-315 44-45

Sample Notification of Suspension of CH Permit 46

Worksheet to Determine Brady Status on Protection Orders 47

Independent Exercises 48-66

Instructions for Taking Online Test 67-68

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Title: Module 6 - Protection Orders Certification

Lesson

Purpose:

To present users an overview of the:

- types of domestic violence orders issued in

North Carolina

- procedures for entry of these orders into NCIC’s Protection Order File

- maintenance of the records

Training

Objectives:

At the end of this instruction, users will be able to

achieve the following objectives:

1. Identify the two types of domestic violence orders that may be issued by North Carolina’s

court system.

2. Identify the four main components of a domestic violence order.

3. Discuss the procedures that the Sheriff’s Office

must follow when handling the following: a. Modifications to orders

b. Return of Service

c. Dismissals of orders d. Orders restricting access to firearms

4. Given a scenario, identify which transaction(s)

would be used to complete the process.

Hours: Five (5)

Instructional Method:

Lecture/Discussion

Materials Required: Computer Slide Projector

Computer Slideshow Student Outline/Workbook

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Revised By:

Revised By:

Revised By:

Revised Date:

Revised By:

Revised Date:

Revised By:

Revised Date:

Patricia Viverette

District Training Specialist

Training Unit SBI Criminal Information and Identification Section

July 15, 2015

Joanna Cumbo District Training Specialist

Training Unit

SBI Criminal Information and Identification Section

March 23, 2015

Joanna Cumbo District Training Specialist

Training Unit


March 22, 2012

Gene Melvin District Training Specialist

Training Unit


July 31, 2006

Gene Melvin

District Training Specialist

Training Unit


July 5, 2005

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I. CONTENTS OF THE LAW

A. Introduction

1. N.C.G.S. § 50B-3(d), enacted by the 1995 Session of the NC General

Assembly, requires “the sheriff of the county where a domestic violence

order is entered shall provide for prompt entry of the order into the

National Crime Information Center registry and shall provide for access

of such orders to magistrates on a 24-hour-a-day basis. Modifications,

terminations, renewals, and dismissals of the order shall also be

promptly entered.”

2. Agencies nationwide can access these orders for enforcement purposes in

compliance with federal full faith and credit laws.

B. NC Domestic Violence Act

1. The NC Domestic Violence Act (N.C.G.S. § 50B-1) defines domestic

violence as:

a. The commission of one or more of the following acts upon an

aggrieved party or upon a minor child residing with or in the

custody of the aggrieved party has or has had a personal

relationship, but does not include acts of self-defense:

(1) Attempting to cause bodily injury, or intentionally causing

bodily injury; or

(2) Placing the aggrieved party or a member of the aggrieved

party’s family or household in fear of imminent serious

bodily injury or continued harassment, as defined in G.S.

14-277.3A, that rises to such a level as to inflict substantial

emotional distress; or

(3) Committing any act defined in G.S. 14-27.2 through

G.S. 14-27.7.

Refer to Appendices

N.C.G.S. § 14-277.3A;

N.C.G.S. § 14-27.2 – 14-27.7 on page 26

b. “Personal relationship” means a relationship where the parties

involved are or have:

(1) Current or former spouses

(2) Persons of the opposite sex who live together or have

lived together

(3) Parents and children, including others acting as parents

to a minor child, or as grandparents and grandchildren

― protective orders may not be taken against a child or

grandchild under 16

(4) A child in common

(5) Current or former household members

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(6) Persons of the opposite sex who are in a dating

relationship or have been in a dating relationship

A dating relationship is one where the parties are

romantically involved over time and on a continuous basis

during the course of the relationship.

2. This act allows victims of domestic violence abuse to seek emergency

relief before a domestic violence court hearing and/or emergency relief

after a domestic violence court hearing. This relief is designed to prevent

further acts of violence, intimidation, etc.

II. TYPES OF PROTECTION ORDERS

A. Ex Parte Domestic Violence Order of Protection ― CV-304

1. Usually issued by District Court judge, but may be issued by magistrates

if authorized by Chief District Court judge and no District Court judge

is available.

2. If issued by a magistrate, shall expire at the end of the next day in which

District Court is in session in the county in which the action was filed.

NOTE: If issued by a magistrate, a hearing is scheduled before a

District Court judge who may issue another Ex Parte Order.

3. If issued by a District Court judge, valid for the period of time specified

in the order, which can be up to 1 year. If no expiration is specified on

the order, the agency should contact the issuing judge to determine

expiration date.

4. NCIC uses the term “temporary protection order” when referring to ex parte

domestic violence orders of protection.

5. N.C.G.S. § 50B-3(a) lists the types of relief that may be awarded by the

court which may provide relief and/or assistance to spouse and/or minor

children.

Refer to Appendices

N.C.G.S. § 50B-3(a) on pages 23-24

B. Domestic Violence Order of Protection ― CV-306

1. Issued by District Court judge after a domestic violence court hearing has

been conducted.

2. N.C.G.S. § 50B-3(a) and (a1) lists the types of relief that may be awarded

by the court which may provide relief and/or assistance to spouse and/or

minor children.

3. Valid for up to 1 year and may be renewed by the court for a period not to

exceed 2 years.

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4. NCIC uses the term “protection order” when referring to a Domestic

Violence Order of Protection.

NOTE: Both types of orders must be entered if issued by the courts.

NC also honors an out-of-state-issued domestic violence order,

whether or not the order has been registered in a NC court.

If registered, the order must be entered promptly if not already

entered into NCIC by the issuing state. The Clerk of Court

should forward a “Request and Affidavit to Register and

Registration of Out-of-State Domestic Violence Protective

Order” to the Sheriff for entry into NCIC if necessary.

Refer to the Appendices

N.C.G.S. § 50B-3(a) and (a1);

N.C.G.S. § 50B-4(d) and (e) on pages 23-25

C. Military Protection Orders (MPOs)

1. Issued by a commissioned officer as a lawful order under Title 10, United

States Code, Article 90 (U.S.C.). A Military Protective Order (MPO) that

serves the same general purpose of a court-issued protection order issued

in a civilian court qualifies for entry.

2. MPO’s are not enforceable by civilian law enforcement officers. The

entering military law enforcement agency should be contacted for

enforcement action. These orders are entered to enhance officer safety

and to allow communication between military and civilian law

enforcement officers.

3. Hit confirmation would not be required as NCIC policy only requires hit

confirmation when taking official action based on the order. As indicated

above civilian law enforcement officers cannot enforce these orders.

III. COMPONENTS OF DOMESTIC VIOLENCE ORDERS

A. Court File Information

This portion of the domestic violence order identifies basic information regarding

the order and the parties involved. This information includes:

1. Court county

2. Type of order

3. Court file (case) number

4. Petitioner/Plaintiff’s names (alleged victims) and DOB(s)

5. Respondent/Defendant’s name (alleged abuser) and numerical/physical

descriptors

NOTE: NCIC uses the term “subject” when referring to the defendant

and the term “protected person” when referring to the plaintiff

and/or protected children in POF responses.

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B. Findings

This portion of the order identifies circumstances the official has identified as

existing in this situation. This may include:

1. Relationship between the plaintiff and the defendant

2. Types (and dates) of alleged abuse against the plaintiff and/or the child(ren)

3. Name(s)/DOB(s) of child(ren) involved

4. Information relating to current possession of property, such as the family

residence and vehicle.

C. Conclusions

This information identifies what the official believes to have occurred after

hearing the statements/information provided by the plaintiff (alleged victim).

The conclusions vary between the ex parte order and the protective order forms.

Examples of conclusions are:

1. The defendant has committed acts of domestic violence against

the plaintiff.

2. The defendant has committed acts of domestic violence against the

minor child(ren) residing with or in the custody of the plaintiff.

3. There is danger of serious and immediate injury to the plaintiff and/or

minor child(ren). [G.S. 50B-2(b)]

4. The defendant's conduct requires that he/she surrender all firearms,

ammunition, and gun permits. [G.S. 50B-3.1]

5. The plaintiff has failed to prove grounds for issuance of an ex parte/domestic

violence protective order.

NOTE: It is not necessary for a block to be checked in the Conclusion

section, to include an individual or child, as a protected person in the

entry. Please see the section under “Supplemental” for further

details.


N.C.G.S. § 50B-2 (b) and 50B-3.1 on pages 23-24

D. Order

This information identifies the relief and/or assistance ordered by the court. The

judicial official may utilize one, or any combination, of the provisions listed in the

order segment. The provisions vary slightly between the ex parte and protective

order forms. In accordance with N.C.G.S. § 50B-3(a) and (a1), a protective order

may include any of the following types of relief:

1. Direct a party to refrain from such acts.

2. Grant to a party possession of the residence or household of the parties and

exclude the other party from the residence or household.

3. Require a party to provide a spouse and his or her children suitable

alternate housing.

4. Award temporary custody of minor children and establish temporary

visitation rights pursuant to G.S. 50B-2 if the order is granted ex parte,

and pursuant to subsection (a1) of this section, if the order is granted

after notice or service of process.

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5. Order the eviction of a party from the residence or household and

assistance to the victim in returning to it.

6. Order either party to make payments for the support of a minor child as

required by law.

7. Order either party to make payments for the support of a spouse as required

by law.

8. Provide for possession of personal property of the parties, including the

care, custody, and control of any animal owned, possessed, kept, or held as

a pet by either party or minor child residing in the household.

9. Order a party to refrain from doing any or all of the following:

a. Threatening, abusing, or following the other party.

b. Harassing the other party, including by telephone, visiting the home

or workplace, or other means.

b1. Cruelly treating or abusing an animal owned, possessed, kept, or

held as a pet by either party or minor child residing in the household.

c. Otherwise interfering with the other party.

10. Award attorney's fees to either party.

11. Prohibit a party from purchasing a firearm for a time fixed in the order.

12. Order any party the court finds is responsible for acts of domestic violence

to attend and complete an abuser treatment program if the program is

approved by the Domestic Violence Commission.

13. Include any additional prohibitions or requirements the court deems

necessary to protect any party or any minor child.


N.C.G.S. § 50B-3(a) and (a1); N.C.G.S. § 50B-2 on page 23-24

IV. IDENTIFYING INFORMATION SHEET — CV-312

A. Purpose 1. An Identifying Information Sheet has been developed to assist law

enforcement agencies to collect information for data entry and service

purposes.

2. The form is usually completed by the plaintiff at the time of filing for an

order, but it is not required for the order to be issued.

3. The information includes physical descriptors and numerical identifiers on

the defendant and plaintiff.

B. Uses 1. The information provided on this sheet may be used to obtain more

information on the defendant if needed. The entering agency should pack

the record using available sources of information such as DMV, AOC,

CCH, etc.

2. The plaintiff may also indicate reasons that a CAUTION indicator may be

necessary in approaching the defendant. CAUTION indicators should be

used if appropriate when entering the order into NCIC.

NOTE: See Forms Section CV-312 on page 29

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V. COURT-ORDERED CHANGES TO DOMESTIC VIOLENCE ORDERS

A. Modifications to Orders 1. Changes may be made to the order by the issuing official at any time before

the order expires.

2. Modifications usually involve the order segment (provisions) and may

include changes in expiration date, access to firearms, etc.

3. The Clerk of Court should forward these modifications to the respective

law enforcement agencies and applicable information must be updated in

the record using the appropriate transactions. [N.C.G.S. § 50B-3(d)]

4. If a judge continues an ex parte order, he/she may use AOC form “Order

Continuing Domestic Violence Hearing and Ex Parte Order” (CV-316).

5. If a judge renews a domestic violence order of protection, he/she may use

AOC form “Order Renewing Domestic Violence Protective Order” (CV-314).


N.C.G.S. § 50B-3(d) on pages 24

See Forms Section CV-316 and CV-314 on pages 41-43

B. Return of Service 1. When the ex parte order has been served, the record must be modified to

reflect the service. The MIS field should be used to record pertinent

information such as:

a. Date served

b. Person served (whether defendant was served personally or order

left with a responsible party at the residence)

2. This allows the record to be used more effectively in enforcement actions

against the defendant for violations of the order.

WARNING: Any information in the MIS field of the ENTER transaction will be

replaced if the MIS field is used in a MODIFY transaction.

C. Dismissal of Orders 1. The court may dismiss orders at any time before expiration.

2. Unless the order has been dismissed by the court or has expired, it is

considered still in effect! Provisions may be enforced accordingly.

Officers must exercise care when determining provision enforcement action.

3. The Clerk of Court should make dismissals of orders available to the

respective Sheriff. The status change must be updated in the record using the

CLEAR transaction (CPO for Protective Orders; CTO for Ex Parte Orders).

4. If a judge sets aside (dismisses) a domestic violence protective order,

he/she may use “Setting Aside Domestic Violence Protective Order,”

AOC form CV-314.

NOTE: See Forms Section CV-314 on page 42-43

VI. DOMESTIC VIOLENCE COURT ORDERS AND ACCESS TO FIREARMS

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A. Order Suspends Concealed Handgun Permit When a domestic violence order is received on an individual who has been issued

a concealed handgun permit and the court, as part of the order, has ordered the

concealed handgun permit suspended, the order-holding agency should:

1. Promptly enter the order into NCIC using PCO Code 08 and the MIS field

to indicate the suspension information; and

2. Contact the Sheriff’s Office that is custodian of the concealed handgun

permit to inform the agency of the court order.

3. The custodian Sheriff should notify the permit holder in writing that the

permit has been suspended due to the domestic violence order.

4. The custodian Sheriff should also update the status of the Concealed

Handgun Permit to reflect the suspension.

5. Reinstatement of the permit cannot take place until the order has expired

or has been dismissed by the court.

NOTE: See Forms Section for Sample Notification Letter on page 46

B. Order Prohibits Possession/Purchase When a domestic violence order is received on an individual who has been issued

an order which prohibits the permittee’s possession or purchase of a firearm, the

order-holding agency should:

1. Promptly enter the order into NCIC using PCO Code 07; and

2. Notify the issuing and residence Sheriff so that he/she may determine if

revocation proceedings are warranted pursuant to N.C.G.S. § 14-415.18.

3. The issuing/residence Sheriff should evaluate the order to determine if

the applicant is ineligible to own, possess, or receive a firearm under

state or federal law. An individual is ineligible to own, possess or

receive a firearm under 18 U.S.C § 922 (g)(8) when he/she:

a. “Is subject to a court order that restrains such person from

harassing, stalking, or threatening an intimate partner of such

person or child of such intimate partner or person, or engaging in

other conduct that would place an intimate partner in reasonable

fear of bodily injury to the partner or child.”

Except that this paragraph shall only apply to a court order that –

(1) “Was issued after a hearing of which such person received

actual notice, and at which such person had the opportunity

to participate; and”

(a) “Includes a finding that such person represents a

credible threat to the physical safety of such intimate

partner or child; or”

(b) “by its terms explicitly prohibits the use, attempted

use, or threatened use of physical force against such

intimate partner or child that would reasonably be

expected to cause bodily injury;”

4. If the individual is ineligible, then revocation proceedings should be

initiated. Following the hearing, the Sheriff who is custodian of the record

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should revoke the permit and update the status of the concealed handgun

permit to reflect the revocation.

5. If an individual is ineligible and has applied for a concealed handgun

permit that has not yet been approved, the Sheriff should deny the permit

and update the status of the concealed handgun permit to reflect the denial.

NOTE: Suspensions ordered by the court, are immediately effective,

and do not require a hearing. Revocations only occur after a

hearing which is initiated by the issuing or residence Sheriff.

In the event the concealed handgun permit is not specifically

suspended in the order, the judge should be notified and

revocation proceeding should be initiated.


N.C.G.S. § 14-415.18 on page 27

VII. VIOLATIONS OF DOMESTIC VIOLENCE ORDERS

A. Firearms-related Violations The purchase or attempt to purchase of a firearm by a person subject to a

domestic violence order which is in force and effect prohibiting the purchase of

a firearm is a Class H felony. [N.C.G.S. § 14-269.8]

B. Domestic Violence Order Provision Violations 1. In accordance with N.C.G.S. § 50B-4.1(a), “Except as otherwise

provided by law, a person who knowingly violates a valid protective

order entered pursuant to this Chapter or who knowingly violates a valid

protective order entered by the courts of another state or the courts of an

Indian tribe shall be guilty of a Class A1 misdemeanor.”

2. In accordance with N.C.G.S. § 50B-4.1(b), “A law enforcement officer

shall arrest and take a person into custody, with or without a warrant or

other process, if the officer has probable cause to believe that the person

knowingly has violated a valid protective order excluding the person

from the residence or household occupied by a victim of domestic

violence or directing the person to refrain from doing any or all of the

acts specified in G.S. 50B-3(a)(9).”

3. Law enforcement officers should confirm the provisions of the order

with the record-holding agency prior to making an arrest based on

responses received from NCIC POF.

VIII. ACCESS, USE, AND DISSEMINATION OF PROTECTION ORDER FILE

INFORMATION

A. All DCIN operators holding certification in the General Inquiries Module

(Module 1) have access to query the NCIC POF. However, only operators

certified in the protection orders module can enter, modify, supplement,

clear, or cancel these records.

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B. Magistrates are granted specific access to these records at any time under the

Domestic Violence Act (Chapter 50B). Since Magistrates do not have their own

DCIN-certification or terminals, they can request local agencies to perform these

inquires on their behalf.

C. Release of NCIC POF information should be determined by the agency and its

legal advisor.

D. Information may be disseminated to officers over the radio as needed to promote

officer safety and in response to domestic-related incidents.

E. Information maintained in the NCIC POF may be used for officer safety and as a

pointer to contact appropriate record-holding agencies to verify court orders.

1. In accordance with N.C.G.S. § 50B-4.1(c), when a law enforcement

officer makes an arrest under this section without a warrant, and the

party arrested contests that the out-of-state order or the order issued by

an Indian court remains in full force and effect, the party arrested

shall be promptly provided with a copy of the information applicable

to the party which appears on the National Crime Information Center

registry by the Sheriff of the county in which the arrest occurs.

IX. RETENTION OF RECORDS

A. The law enforcement agency that received the order(s) from the Clerk of

Court or authorized magistrate must maintain their copy of the order(s) and

any modifications until the expiration or dismissal of the order(s).

B. Records maintained in the NCIC POF will have a status of one of the following:

1. ACTIVE — an order issued by the courts which has not yet expired

nor been dismissed by the court, although the word “active” is not

displayed in the record.

2. EXPIRED — an order which has reached its expiration date

indicated by the issuing official.

3. CANCELED — an order that has been dismissed by the court before

it expired and subsequently cleared by the entering agency.

C. Expired and canceled records are accessible through the Ominxx Query

Protection Order transaction (QPO) and will be maintained online for 5 years

after the expiration of the order (year of expiration + 5).

D. Records reaching the retention period will be purged automatically by NCIC.

X. FILE TRANSACTIONS

A. Enter — Transaction to place a new record in file

ETO Enter Temporary Protection (Ex Parte) Order

ETOC Enter Temporary Protection (Ex Parte) Order - CAUTION

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EPO Enter Protection Order

EPOC Enter Protection Order – CAUTION

1. Criteria for Entry

a. A valid “Ex Parte Protective Order”, “Domestic Violence Protective

Order”, or Military Protection Order is required for entry (may

include free text orders if signed by a judge).

b. Out-of-state protection orders registered in a NC court must also be

entered promptly if not already entered into NCIC by the other state.

2. Always use the ORI of the holder of the record.

3. Completeness and Accuracy

a. Review the information on the order and any attached forms for

additional identifiers, paying special attention to the Identifying

Information Sheet (CV-312). See example on page 29.

b. Run additional inquiries DMV, AOC, CCH, etc., to obtain

additional information and images.

c. Pack the record with all identifiers on the order and attached court

documents.

d. Add images and caution indicators where appropriate.

e. The Caution and Medical Conditions field (CMC) is used to

indicate the reason for the caution indicator and is required if either

transaction ETOC or EPOC is used.

f. Complete and document a second party check in the case file.

4. Before making an entry of a protection order (EPO or EPOC), an inquiry

(QPO) should be completed to determine if an ex parte order has been

entered. If an ex parte order was entered and is still active, a MODIFY

transaction may be performed on the ex parte POF record (change MKE to

EPO or EPOC) without having to re-enter the entire record. Details are

listed under the MODIFY section on page 17-18.

5. The Protection Order Conditions field (PCO) is used to indicate the

provision(s) indicated on the order. Only 1 condition can be added to the

base record when using the enter transaction — ETO or EPO

6. To enter additional provisions, must use a supplemental transaction — ENPO

NOTES: PCO Code 08 requires the entry of details in the MIS field, and if

used, should be used on the ENTER transaction, with any

additional PCOs added by use of the SUPPLEMENT transaction.

PCO Code 05 is located on the front page of the order and is easy

to overlook. Be sure to check there and the Orders Section.

7. Each entry must contain either an OCA or Protection Order Number

(PNO) which will be the court file number on NC domestic violence order

forms. If a court file number is not assigned, the entering agency must

assign an OCA.

8. The Brady Record Indicator (BRD) field is used to indicate whether the

individual is prohibited under federal law from possessing, purchasing, or

receiving a firearm. This field will accept the following 3 codes:

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Y — Yes

N — No

U — Unknown

a. Only a protection order can be flagged with a Brady Indicator of Y

or U. Ex parte orders and Military Protection Orders do not meet the

criteria specified by law, and therefore are not flagged. Instead, an N

must be entered in the field.

b. To determine Brady status on a protection order, refer to the

"Worksheet to Determine Brady Status on NCIC Protection Orders.”

NOTE: See Forms Section for Brady Worksheet on page 47

9. The protected person’s name (PPN), race (PPR), sex (PSX), and DOB

(PPB) should be indicated in the entry. If PPN is used, PPB is required.

10. A successful entry will receive a NIC number which is returned in the

NCIC response (NICs for POF records begin with H).

11. A successful entry will automatically cross search the NC Concealed

Handgun Permit File.

12. The entering agency must maintain all documentation in their files

pertaining to the record until the order is no longer valid (until expired or

dismissed). Records must be available for hit confirmation purposes 24

hours a day, 7 days a week, and are subject to the same validation

procedures as other NCIC file records.

13. When entering a Military Protection Order, the first PCO entered must be [08]

with the following caveat added to the MISC field:

“THIS IS A MILITARY PROTECTIVE ORDER AND MAY NOT BE

ENFORCEABLE BY NON-MILITARY AUTHORITIES. IF SUBJECT IS IN

POSSIBLE VIOLATION OF THE ORDER, ADVISE THE ENTERING

AGENCY (MILITARY LAW ENFORCEMENT).”

B. Supplemental — Transaction used to add additional information to an

existing record, such as additional PCO codes, additional protected persons,

SMTs, DOBs, etc.

ENPO Enter Supplemental Data — Protection Order Record

1. The ENPO screen will only accept 9 new elements at a time on 1 screen.

If more than 9 are to be added, additional ENPO transactions must be

completed. The screen is used to supplement both ex parte and domestic

violence orders.

2. Guidelines to use when entering child(ren) as Protected Person(s):

(1) If Block 2 is checked on the order section of the AOC-

CV-304 form, the District Court judge or magistrate has

ordered (01) “the defendant shall not assault, threaten,

abuse, follow, harass, (by telephone, visiting the home or

workplace or other means), or interfere with the child(ren)

residing with or in the custody of the plaintiff,” then the

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child(ren) should be added to the NCIC entry unless

another portion of the order directly contradicts this.

(2) Example of a contradiction: Both Block 2 and Block 14

—indicating the ex parte order is denied—are checked.

If the order appears to conflict, clarification should

immediately be sought from the judge or magistrate.

b. If Block 2 is not checked on the order section, but other portions of

the order indicate the defendant is not to have contact with the

minor children, clarification should immediately be sought from

the judge or magistrate as to whether the intent is to have a

protective order entered regarding the children.

c. If Block 2 is checked on the order section but the magistrate or

District Court judge has failed to indicate on the form what

supporting conclusions of law were found, as a courtesy, the judge

or magistrate should be notified that the:

(1) Order has been entered into NCIC with the child(ren)

listed as protected; and the

(2) AOC form appears not to reflect the conclusions of law

the judge or magistrate has made. This notification will

enable the court to make any changes/clarifications it

deems necessary.

d. If you question the validity of an order, you may wish to consult

with your agency’s legal counsel.

NOTE: The Conclusion Section is no longer the determining factor

in adding the child(ren) as protected persons in the entry.

C. Modify — Transaction used to change incorrect information, add

information not originally entered, or delete non-mandatory information

in the base record

MTO Modify Temporary (Ex Parte) Order

MPO Modify Protection Order

1. If an agency has entered an ex parte order and the record is still active and

not expired, MODIFY can be used to change the ex parte order to a

protection order without having to re-key the entire entry. The MKE field

is used to indicate the new message key (EPO or EPOC). In addition, the

following fields should be modified:

a. Issue date — ISD

b. Expiration Date — EXP

c. Brady Indicator if applicable — BRD

These are always set to NO for ex parte orders and military orders.

d. Conditions of Order if applicable — PCO

When a domestic violence order is issued after an ex parte order, a

thorough comparison of the two orders must be completed. The

MODIFY transaction is then used to change a PCO in the base

record of the extra parte order to match the new domestic violence

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order. The POF response should always exactly match the court

issued order on file at the entering Sheriff’s Office.

2. MODIFY may also be used to change the expiration date in an active

protection order record due to a court-ordered change. If a court changes

the expiration date of an order, but the change does not occur until after the

record expires, the record must be re-entered. An inactive record may not

be modified.

D. Clear — Transaction used to change the status of an active record to canceled

due to a dismissal by the courts

CTO Clear Temporary (Ex Parte) Protection Order

CPO Clear Protection Order

1. When the order is dismissed, the Clerk of Court should forward a copy of

the dismissal form(s) to the appropriate law enforcement agency. This is

usually accomplished on the “Order Setting Aside Domestic Violence

Protective Order.” See AOC CV-314 in the Forms Section on pages 42-43

2. The dismissal must be indicated in the Protection Order File record by

using the CLEAR transaction. When performed successfully, the status of

the record is changed from “active” to “canceled” and is retained in the file

until purged.

3. Expired records cannot be cleared.

E. Cancel — Transaction used to delete a record if it should never have been

entered or has been expunged by order of the courts

XTO Cancel Temporary (Ex Parte) Order

XPO Cancel Protection Order

1. Do not cancel a record when the court has dismissed it!

2. Canceling an order will remove all record of it from the NCIC active and

archive files. If the court dismisses the order, clear the record using the

appropriate transaction.

3. Active, expired, and cleared records can be canceled.

F. Cancel Supplement — Transaction used to correct or cancel supplemental

identifiers such as alias names, additional protected persons, or additional

condition codes

XNPO Cancel Supplemental Data

1. Maximum of 9 identifiers of various kinds may be canceled in 1 cancellation

transaction.

2. To change any type of identifier in a supplemental record, the identifier must

first be canceled using the XNPO transaction and then re-entered correctly.

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G. Query — Transaction used to retrieve information from the NCIC POF

QPO Query Protection Order File

1. Queries of these files may be made for various reasons:

a. Officer safety while responding to/handling domestic-related situations

b. Criminal investigations

c. Background investigations on pistol purchase permits and/or

permits to carry concealed handguns

2. A QPO will result in a search of NCIC POF records only and will not cause

a cross search of any other file. The QPO transaction must be completed in

Omnixx Force on a desktop.

3. Both active and inactive records will be searched when QPO is used.

4. Inquiries can also be made using either the defendant’s name (NAM) and

date of birth (DOB) or the protected person’s name (PPN) and DOB (PPB)

in the NAM/DOB fields.

5. A wanted/missing inquiry (QW) and a vehicle inquiry (QV) will generate

an automatic cross search of the NCIC POF. Only active records are

returned in the response.

H. Cross Searches

1. An automatic cross search of the Protection Order File will be generated

whenever one of the following transactions are performed:

a. Entries into the Protection Order File

b. Entries into the Concealed Handgun Permit File

c. Queries of the NC DMV Drivers File resulting in a single hit

d. Queries of the Criminal History File (name inquiries)

e. Queries of the Wanted Persons File — QW

f. Vehicle registration inquiries by LIC or VIN

2. Responses from NCIC’s POF will be in addition to any other NCIC record

found matching the search criteria.

I. Confirmation Procedures

1. In accordance with N.C.G.S. § 50B-3(d), agencies shall have access

to their active POF records 24 hours a day, 7 days a week, for hit

confirmation purposes.

2. By itself, a response from the NCIC Protection Order File should not

be considered probable cause to search or arrest an individual unless

an agency’s legal counsel advises to the contrary.

3. Prior to taking any enforcement action against an individual based solely

on a NCIC file response, the officer should confirm the computer record

with the entering agency. The officer may request copies of the order as

supporting documentation for enforcement action.

4. Copies of orders may be faxed, mailed, or delivered to the requesting

agency. Although the officer may verify the provisions over the phone or

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radio, follow-up documentation is strongly recommended and may be

necessary for probable cause.

5. Standard Hit Confirmation procedures should be followed:

a. Hit Confirmation Request Screen YQ should be used to send a

direct request to the entering agency listed in the POF record for

confirmation of the order. A contact name and number should be

provided if additional information or copy of the order is requested.

b. Hit Confirmation Response Screen YR should be used by entering

agency to confirm the status of the requested order.

Sample NCIC POF Response

02VH000016.NC2K.QPO.201100320213017.

TO: SBITU1 -008555 20110320 21:30:17 0006ACF2D6

FROM: NC2K 20110320 21:30:17

1L010105000C2C2QPO

NCBCI0391

*****WARNING - THE FOLLOWING IS AN NCIC PROTECTION ORDER RECORD. DO

NOT SEARCH, DETAIN, OR ARREST BASED SOLELY ON THIS RECORD. CONTACT

ENTERING AGENCY TO CONFIRM STATUS AND TERMS OF PROTECTION

ORDER*****

****THE SUBJECT OF THIS RECORD IS PROHIBITED FROM RECEIVING OR

POSSESSING A FIREARM UNDER FEDERAL LAW (TITLE 18, U.S.C., SECTION

922)****

MKE/PROTECTION ORDER - CAUTION

VIOLENT TENDENCIES

ORI/NC0360000 NAM/FLINTST0NE,FREDRICK L SEX/M RAC/W DOB/19470712

HGT/506 WGT/175 EYE/GRN HAI/BLK

SMT/TAT UL ARM

OLN/1245879 LIS/NC OLY/2010

SOC/123456789

PNO/2015CVD1234 BRD/Y ISD/20150120 EXP/20160120

PPN/FLINTST0NE,WILMA A PSX/F PPR/W PPB/19530206

PCO/08 - SEE THE MISCELLANEOUS FIELD FOR COMMENTS REGARDING THE

TERMS AND CONDITIONS OF THE ORDER.

MIS/ DEF SERVED 01242015 DEF IS ENTITLED T0 T00LS 0F TRADE TAT UL ARM

WATER BUFFAL0 TAT UR ARM HEART WITH WILMA PLANTIFF GRANTED

CUSTODY OF FAMILY PETS PLANTIFF IS AWARDED LE0PARD C0NVERTIBLE WITH

NC PEBBLES. CHILD CUSTODY AWARDED TO PLANTIFF SEE ORDER FOR DETAILS

DNA/N

ORI IS COBBLESTONE COUNTY SHERIFF’S OFFICE BEDROCK 917 672-4567

PPN/FLINTST0NE,PEBBLES PSX/F PPR/W PPB/20030307

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PCO/01 - THE SUBJECT IS RESTRAINED FROM ASSAULTING, THREATENING,

PCO/ABUSING, HARASSING, FOLLOWING, INTERFERING, OR STALKING THE

PCO/PROTECTED PERSON AND/OR STALKING THE CHILD OF

PCO/ THE PROTECTED PERSON.

PCO/02 - THE SUBJECT MAY NOT THREATEN A MEMBER OF THE PROTECTED

PCO/PERSON'S FAMILY OR HOUSEHOLD.

PCO/03 - PROTECTED PERSON IS GRANTED EXCLUSIVE POSSESSION OF THE

PCO/RESIDENCE OR HOUSEHOLD.

PCO/04 - THE SUBJECT IS REQUIRED TO STAY AWAY FROM THE RESIDENCE,

PCO/PROPERTY, SCHOOL, OR PLACE OF EMPLOYMENT OF THE PROTECTED

PCO/PERSON OR OTHER FAMILY OR HOUSEHOLD MEMBER.

PCO/05 - THE SUBJECT IS RESTRAINED FROM MAKING ANY COMMUNICATION

PCOWITH THE PROTECTED PERSON INCLUDING BUT NOT LIMITED TO,

PCO/ PERSONAL, WRITTEN, OR TELEPHONE CONTACT, OR THEIR EMPLOYERS,

PCO/EMPLOYEES OR FELLOW WORKERS, OR OTHERS WITH WHOM THE

COMMUNICATION WOULD BE LIKELY TO CAUSE ANNOYANCE OR ALARM THE

PCO/VICTIM.

PCO/07 - THE SUBJECT IS PROHIBITED FROM POSSESSING AND/OR PURCHASING A

PCO/FIREARM OR OTHER WEAPON.

AKA/FLINTST0NE,FRED L

NIC/H314686344 DTE/20150120 2103 EDT DLU/20150120 2129 EDT

IMR/MUGSHOT IMAGE

NAM:FLINTST0NE,FREDRICK L DOB:19470712

RAC:W HGT:506 WGT:175 DOI:20140301

NIC:H314686344 IMN:I076160423

MIS:

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Chapter 50B-1

Domestic Violence

§ 50B-1. Domestic violence; definition.

(a) Domestic violence means the commission of one or more of the following acts upon

an aggrieved party or upon a minor child residing with or in the custody of the aggrieved

party by a person with whom the aggrieved party has or has had a personal relationship, but

does not include acts of self-defense.

(1) Attempting to cause bodily injury, or intentionally causing bodily injury; or

(2) Placing the aggrieved party or a member of the aggrieved party's family or

household in fear of imminent serious bodily injury or continued harassment,

as defined in G.S. 14-277.3A, that rises to such a level as to inflict substantial

emotional distress; or

(3) Committing any act defined in G.S. 14-27.2 through G.S. 14-27.7.

(4) For purposes of this section, the term "personal relationship" means a

relationship wherein the parties involved:

(5) Are current or former spouses;

(6) Are persons of opposite sex who live together or have lived together;

(7) Are related as parents and children, including others acting in loco parentis to a

minor child, or as grandparents and grandchildren. For purposes of this

subdivision, an aggrieved party may not obtain an order of protection against a

child or grandchild under the age of 16;

(8) Have a child in common;

(9) Are current or former household members;

(10) Are persons of the opposite sex who are in a dating relationship or have been in

a dating relationship. For purposes of this subdivision, a dating relationship is

one wherein the parties are romantically involved over time and on a

continuous basis during the course of the relationship. A casual acquaintance

or ordinary fraternization between persons in a business or social context is not

a dating relationship.

(11) As used in this Chapter, the term "protective order" includes any order entered

pursuant to this Chapter upon hearing by the court or consent of the parties.

FOR COMPLETE STATUTE, SEE SOURCE:

www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50B/GS_50B-1.html

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EXCERPT § 50B-2

(b) Emergency Relief. – A party may move the court for emergency relief if he or she

believes there is a danger of serious and immediate injury to himself or herself or a minor child.

A hearing on a motion for emergency relief, where no ex parte order is entered, shall be held

after five days' notice of the hearing to the other party or after five days from the date of service

of process on the other party, whichever occurs first, provided, however, that no hearing shall

be required if the service of process is not completed on the other party. If the party is

proceeding pro se and does not request an ex parte hearing, the clerk shall set a date for hearing

and issue a notice of hearing within the time periods provided in this subsection, and shall effect

service of the summons, complaint, notice, and other papers through the appropriate law

enforcement agency where the defendant is to be served.


www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50B/GS_50B-2html

EXCERPT § 50B-3

§ 50B-3. Relief.

(a) If the court, including magistrates as authorized under G.S. 50B-2(c1), finds that an act

of domestic violence has occurred, the court shall grant a protective order restraining

the defendant from further acts of domestic violence. A protective order may include

any of the following types of relief:

(1) Direct a party to refrain from such acts.

(2) Grant to a party possession of the residence or household of the parties and

exclude the other party from the residence or household.

(3) Require a party to provide a spouse and his or her children suitable alternate

housing.

(4) Award temporary custody of minor children and establish temporary visitation

rights pursuant to G.S. 50B-2 if the order is granted ex parte, and pursuant to

subsection (a1) of this section if the order is granted after notice or service of

process.

(5) Order the eviction of a party from the residence or household and assistance to

the victim in returning to it.

(6) Order either party to make payments for the support of a minor child as

required by law.

(7) Order either party to make payments for the support of a spouse as required by

law.

(8) Provide for possession of personal property of the parties, including the care,

custody, and control of any animal owned, possessed, kept, or held as a pet by

either party or minor child residing in the household.

(9) Order a party to refrain from doing any or all of the following:

a. Threatening, abusing, or following the other party

b. Harassing the other party, including by telephone, visiting the home or

workplace, or other means.

b1. Cruelly treating or abusing an animal owned, possessed, kept, or held as a

pet by either party or minor child residing in the household.

c. Otherwise interfering with the other party.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50B/GS_50B-2html

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(10) Award attorney's fees to either party.

(11) Prohibit a party from purchasing a firearm for a time fixed in the order.

(12) Order any party the court finds is responsible for acts of domestic violence to

attend and complete an abuser treatment program if the program is approved

by the Domestic Violence Commission.

(13) Include any additional prohibitions or requirements the court deems necessary

to protect any party or any minor child.



§ 50B-3. Relief.

(d) The sheriff of the county where a domestic violence order is entered shall

provide for prompt entry of the order into the National Crime Information

Center registry and shall provide for access of such orders to magistrates on a

24-hour-a-day basis. Modifications, terminations, renewals, and dismissals of

the order shall also be promptly entered.



EXCERPT § 50B-3.1

(a) Required Surrender of Firearms. – Upon issuance of an emergency or ex parte order

pursuant to this Chapter, the court shall order the defendant to surrender to the sheriff all

firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry

concealed firearms that are in the care, custody, possession, ownership, or control of the

defendant if the court finds any of the following factors:

(1) The use or threatened use of a deadly weapon by the defendant or a pattern of

prior conduct involving the use or threatened use of violence with a firearm

against persons.

(2) Threats to seriously injure or kill the aggrieved party or minor child by the

defendant.

(3) Threats to commit suicide by the defendant.

(4) Serious injuries inflicted upon the aggrieved party or minor child by the

defendant.


www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50B/GS_50B-3.1.html

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EXCERPT § 50B-4

§ 50B-4. Enforcement of orders. (c) A valid protective order entered pursuant to this Chapter shall be enforced by all North Carolina law enforcement agencies without further order of the court. (d) A valid protective order entered by the courts of another state or the courts of an Indian tribe shall be accorded full faith and credit by the courts of North Carolina whether or not the order has been registered and shall be enforced by the courts and the law enforcement agencies of North Carolina as if it were an order issued by a North Carolina court. In determining the validity of an out-of-state order for purposes of enforcement, a law enforcement officer may rely upon a copy of the protective order issued by another state or the courts of an Indian tribe that is provided to the officer and on the statement of a person protected by the order that the order remains in effect. Even though registration is not required, a copy of a protective order may be registered in North Carolina by filing with the clerk of superior court in any county a copy of the order and an affidavit by a person protected by the order that to the best of that person's knowledge the order is presently in effect as written. Notice of the registration shall not be given to the defendant. Upon registration of the order, the clerk shall promptly forward a copy to the sheriff of that county. Unless the issuing state has already entered the order, the sheriff shall provide for prompt entry of the order into the National Crime Information Center registry pursuant to G.S. 50B-3(d). (e) Upon application or motion by a party to the court, the court shall determine whether an out-of-state order remains in full force and effect. (f) The term "valid protective order," as used in subsections (c) and (d) of this section shall include an emergency or ex parte order entered under this Chapter.

FOR COMPLETE STATUTE, SEE SOURCE: www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50B/GS_50B-4.html

EXCERPT § 50B-4.1

(a) Except as otherwise provided by law, a person who knowingly violates a valid protective order entered pursuant to this Chapter or who knowingly violates a valid protective order entered by the courts of another state or the courts of an Indian tribe shall be guilty of a Class A1 misdemeanor. (b) A law enforcement officer shall arrest and take a person into custody, with or without a warrant or other process, if the officer has probable cause to believe that the person knowingly has violated a valid protective order excluding the person from the residence or household occupied by a victim of domestic violence or directing the person to refrain from doing any or all of the acts specified in G.S. 50B-3(a)(9). (c) When a law enforcement officer makes an arrest under this section without a warrant, and the party arrested contests that the out-of-state order or the order issued by an Indian court remains in full force and effect, the party arrested shall be promptly provided with a copy of the information applicable to the party which appears on the National Crime Information Center registry by the sheriff of the county in which the arrest occurs.

FOR COMPLETE STATUTE, SEE SOURCE: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50B/GS_50B-4.1.html

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EXCERPT § 14-27.2-14-27.7A; 14-277.3A

§ 14-27.2 First-degree rape.

§ 14-27.2A Rape of a child; adult offender.

§ 14-27.3 Second-degree rape.

§ 14-27.4 First-degree sexual offense.

§ 14-27.4A Sexual offense with a child; adult offender.

§ 14-27.5 Second-degree sexual offense.

§ 14-27.5A Sexual battery. [RTF] [PDF]

§ 14-27.6 Repealed by Session Laws 1994, Ex. Sess., c. 14, s. 71(3).

§ 14-27.7 Intercourse and sexual offenses with certain victims; consent no defense.

§ 14-27.7A Statutory rape or sexual offense of person who is 13, 14, or 15 years old.

§ 14-277.3A Stalking.


www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0014

EXCERPT § 14-269.8

(c) In accordance with G.S. 50B-3.1, it is unlawful for any person to own, possess,

purchase, or receive or attempt to own, possess, purchase, or receive a firearm, as defined

in G.S. 14-409.39(2), machine gun, ammunition, or permits to purchase or carry concealed

firearms if ordered by the court for so long as that protective order or any successive

protective order entered against that person pursuant to Chapter 50B of the General

Statutes is in effect.

(d) Any person violating the provisions of this section shall be guilty of a Class H

felony.

FOR COMPLETE STATUTE, SEE SOURCE: www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.8.html

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-27.2.html

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-27.2A.html






http://www.ncleg.net/EnactedLegislation/Statutes/RTF/BySection/Chapter_14/GS_14-27.5A.rtf

http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-27.5A.pdf





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EXCERPT § 14-415.18

§ 14-415.18. Revocation or suspension of permit.

(a) The sheriff of the county where the permit was issued or the sheriff of the

county where the person resides may revoke a permit subsequent to a hearing for

any of the following reasons

(1) Fraud or intentional or material misrepresentation in the obtaining of a

permit.

(2) Misuse of a permit, including a lending or giving a permit to another

person, duplicating a permit, or using a permit with the intent to

unlawfully cause harm to a person or property.

(3) The doing of an act or existence of a condition which would have been

grounds for the denial of the permit by the sheriff.

(4) The violation of any of the terms of this Article.

(5) The applicant is adjudicated guilty of or receives a prayer for judgment

continued for a crime which would have disqualified the applicant from

initially receiving a permit.

A permittee may appeal the revocation or nonrenewal of a permit by petitioning a

district court judge of the district in which the applicant resides. The

determination of the court, on appeal, shall be upon the facts, the law, and the

reasonableness of the sheriff’s refusal.

(b) The court may suspend a permit as part of and for the duration of any orders

under Chapter 50B of the General Statutes.

FOR COMPLETE STATUTE, SEE SOURCE: www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.18.html

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MODULE 6

Protection Orders

Forms Section

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Example of AOC Form — CV-312


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Example of AOC Form — CV-304 p1–5


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Example of AOC Form — CV-306A Side 1 of 2

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Example of AOC Form — CV-306A Side 2 of 2

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Example of AOC Form — CV-314 Side 1 of 2

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SAMPLE NOTIFICATION OF SUSPENSION OF CONCEALED HANDGUN PERMIT

Name:

Address:

City:

State:

ZIP:

Concealed Handgun Permit Number:

Date:

This letter is to notify you that the Concealed Handgun Permit which has been issued to you by

the __________________ County Sheriff’s Office has been suspended by Judge

___________________ pursuant to a current Domestic Violence Order issued against you.

The Domestic Violence Order was issued on _________________, 20__ and filed in

___________________ County, North Carolina. For reference purposes, the court file number of

the Order is __________________.

Pursuant to this Order, your right to carry a concealed handgun is suspended. If found in

possession of a concealed handgun, you may be arrested! You should turn in your permit to this

department. When the suspension has expired, you may return to this agency and get your permit

back. If you keep the permit during the suspension, you may not use it! It is your responsibility

to notify this department when the suspension is over so that we may reinstate your permit.

If you have any questions, contact ______________________ with this department at

__________________.

***********************************************************************

Informational Note that is not part of letter:

If the Sheriff determines that the subject is Brady disqualified, but the order does

not specifically suspend the permit, the Sheriff should notify the judge and initiate

revocation proceedings under N.C.G.S. § 14-415.18.

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WORKSHEET TO DETERMINE BRADY STATUS ON NCIC PROTECTION ORDERS

(Revised July 2004)

This worksheet should be used to determine if an individual who is subject to an active NC Domestic

Violence Protective Order is considered “Brady disqualified” to possess/receive a firearm under federal

law. This determination should be made prior to entry of the order into NCIC. For Orders of Protection,

the Brady field (BRD) should be “Y” (yes) or “N” (no).

For Ex Parte Domestic Violence Protective Orders, the Brady field (BRD) must be “N” (no).

1. In the “Respondent/Defendant” section of page 1 of the Order of Protection form (AOC-CV-306), the judge

indicated the relationship of the respondent/defendant to the petitioner/plaintiff as:

Spouse (go to step 2)

Former spouse (go to step 2)

Unmarried, of opposite sex, currently or formerly living together (go to step 2)

Unmarried, have a child in common (go to step 2)

Parent (go to step 2)

Of opposite sex, currently or formerly in dating relationship (go to step 5 – BRD = N)

Current or former household member (go to step 5 – BRD = N, unless documentation exists

substantiating an intimate relationship involving cohabitation)

Grandparent (go to step 5 – BRD = N)

Child (go to step 5 – BRD = N)

Grandchild (go to step 5 – BRD = N)

2. In the Conclusions portion, the judge:

Indicated Conclusion 3 [There is danger of serious and immediate injury to the plaintiff and/or

minor child(ren)] (go to step 4)

Did not indicate Conclusion 3 as listed above (go to step 3)

3. In the Order portion, the judge indicated at least one of the below provisions:

The defendant shall not assault, threaten, abuse, follow, harass (by telephone, visiting the home or

workplace or other means), or interfere with the plaintiff. A law enforcement officer shall arrest the

defendant if the officer has probable cause to believe the defendant has violated this provision.

This is the first order listed in the Orders Section (01) (go to step 4)

The defendant shall not assault, threaten, abuse, follow, harass (by telephone, visiting the home or

workplace or other means), or interfere with the minor child(ren) residing with or in the custody of

the plaintiff. A law enforcement officer shall arrest the defendant if the officer has probable cause

to believe the defendant has violated this provision.

This is the second order listed in the Orders Section (02) (go to step 4)

Note: If the judge did not indicate either of the provisions listed above, the Brady status cannot

be determined. You should indicate “U” in the Brady Record Indicator (BRD) field and notify the

judge.

4. It appears that the defendant is considered Brady disqualified. You should indicate “Y” in the Brady

Record Indicator (BRD) field.

5. It appears, under the conditions identified on this Order, that the defendant is NOT considered Brady

disqualified. You should indicate “N” in the Brady Record Indicator (BRD) field.

This form was created by the SBI in conjunction with NC Attorney General’s Office legal staff to assist

Sheriffs in determining the defendant’s access to firearms under federal law (Brady status).

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MODULE 6

Protection Orders

Independent Exercises

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FILL-IN THE BLANKS:

1. An ex parte order issued by a magistrate shall expire _________________________ in which District Court is in session in

the county in which the action was filed.

2. A DV protective order issued by a judge is valid for up to ___________ from date of initial issuance and renewed for a

period not to exceed ____________ years.

3. List the 3 status types for POF records.

a. _____________________

b. _____________________

c. _____________________

4. What are the 4 component parts of a domestic violence order?

a. _____________________

b. _____________________

c. _____________________

d. _____________________

TRUE/FALSE: 5. The NCIC Protection Order File does not allow the entry T F

of Ex Parte Domestic Violence Protective Orders.

6. The agency entering the POF record must remove the entry when the

order has expired. T F

7. The Brady Indicator (BRD) must be “N” for a temporary (ex parte) protection order file record. T F

8. A hit on a Domestic Violence Order record is probable cause to

make an arrest. T F

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BRADY DETERMINATION EXERCISES 9. Using the worksheet on page 47 of this manual, determine the Brady

status of the Domestic Violence Protective Order (2011CVD1234) on pages 35-40. Indicate your answer below by circling your answer:

Frederick Flintstone IS IS NOT

considered disqualified under Brady to possess/purchase a firearm.

10. Using the worksheet on page 47 of this manual and the portions of the

Domestic Violence Protective Order (2012CVD3456) on pages 53-56, determine the Brady status of the order. Indicate your answer below

by circling your answer:

Barney Fife IS IS NOT considered disqualified under Brady to possess/purchase a firearm.




Barney Rubble IS IS NOT considered disqualified under Brady to possess/purchase a firearm.




Gomer Pyle IS IS NOT considered disqualified under Brady to possess/purchase a firearm.

ENTRY EXERCISES

Using the ex parte on pages 30-34 and your workbook, make the following determinations.

13. Who did the defendant commit domestic violence against?

_____________________________________

14. What are the PCO codes you will use to enter this ex parte?

_____________________________________

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15. Are all of the PCOs entered on the same screen? YES NO

If not, what screen will be used?

_____________________________________

16. Should Pebbles be entered as a protected person? YES NO

What determines if she is to be entered?

_____________________________________

MODIFICATION EXERCISES

Using the ex parte and order of protection on pages 30-40 and your workbook, answer the following questions.

17. Can you modify this ex parte to an order of protection YES NO

without having to re-enter the entire document?

If so, what fields must be modified to make this update?

______________________________________________________

18. Are any of the PCOs different on the ex parte and order of protection? YES NO

If so, which one(s)?

_______________________________________

19. How do you remove a PCO that was indicated on the ex parte but not on the order of protection?

________________________________________________________

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TRANSACTIONS

Using your certification manual or the transaction codes below, identify the appropriate transaction (by message key) used to perform the following:

20. Enter an ex parte protective order with caution that was issued in your

county. ____________

21. Enter additional condition codes (PCOs) on a Protective Order File

record already entered by your agency. ___________

22. Enter the Return of Service information on an ex parte protective order

that has already been entered by your agency.

____________

23. Enter 2 children as additional protected persons to a Domestic Violence Protective Order record already entered by your agency.

____________

24. Change an active ex parte protective order to a domestic violence protective order record (without re-entering the whole record).

____________

25. Change the status of an active domestic violence protective order record due to a dismissal by the courts.

____________

26. Cancel an ex parte protective order record that should never have been

entered. ____________

27. Remove supplemental data such as a Protected Person or PCO that is

no longer valid. ____________

ETO EPO ENPO MPO CPO XPO

ETOC EPOC MTO CTO XTO XNPO

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P50—Exercise #10 2012CVD3456 — CV-306 p1–4

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P50—Exercise #0 2009CVD3456 — CV-306A Side 1 of 2 P50—Exercise #10 2009CVD3456 — CV-306A Side 2 of 2 P50—Exercise #11 2013CVD4567 — CV-306 p1–4

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P50—Exercise #11 2013CVD4567 — CV-306A Side1 of 2

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P50—Exercise #11 2013CVD4567 — CV-306A Side 2 of 2

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Instructions for Taking the Online Certification Tests

1. Users must attend 90% of classroom instruction in order to be

authorized to test for DCIN certification.

2. The DCIN Training Specialist will assign test authorization for each

user at the end of the last day of classroom instruction.

3. Before any user can take a certification test, he/she must

coordinate testing with their agency’s Terminal Agency

Coordinator (TAC) or Assistant TAC (ATAC). The TAC/ATAC will

schedule a date/time for the testing and may specify a particular

location where the testing is to occur. New users should contact their

TAC/ATAC within seven days of completion of classroom instruction.

The user must test within fifteen days of classroom instruction.

If testing has not been completed within fifteen days of the end

of classroom instruction, the test authorization will expire and the

user will be required to attend DCIN class again.

4. If a user takes a certification test without properly contacting

his/her agency TAC/ATAC, the score will be deleted and the

user must retake the test. The user may be sanctioned by the

SBI. A subsequent violation, after having been sanctioned,

may result in revocation of the user’s DCIN certification.

5. A user has the ability to recertify within 30 days of expiration. A user

can take a recertification test up to 90 days after their expiration date

has passed. However, they cannot sign into Omnixx Force and

operate the system. They can only sign into Omnixx Trainer and take

the appropriate test(s). If they do not have a passing score of 80% or

higher by the 91st day, they will be required to attend DCIN class again

and complete testing to obtain certification in appropriate module(s).

6. Tests consist of both true/false and multiple choice questions pulled at

random from a pool of test questions. Modules 1 and 5 have 33 test-

questions. Modules 2, 3, 4, and 6 have 25 test-questions.

7. Tests are timed. For a 25-question test, a user is allowed 40 minutes

to complete the test. For a 33-question test, a user is allowed 50

minutes to complete the test.

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8. If a user does not complete the test within the time limit allowed, the

test will automatically be submitted and graded.

9. If a user fails the test, he/she must wait 24 hours before

taking the test again.

10. While taking the online test, the user may use their certification

manual and their notes from class. The user may not use any other

materials. The user cannot receive assistance from anyone

while taking this test, except clarification from the TAC/ATAC

on how to use the Omnixx Trainer software.

11. Cheating or assisting in cheating is fraud! If a user is caught

cheating or assisting another user in cheating, the user’s DCIN

certification may be revoked. The results of the investigation

will be turned over to NC Department of Justice Training &

Standards Division, who may revoke other certifications as well

(law enforcement officer, criminal justice instructor,

telecommunicator, and/or correctional officer certifications).

12. When the test has been submitted for grading, the user will

immediately receive a Test Results page displaying the test score.

This Test Results page will display test categories (portions of the

outline) with results broken down in each specific category.

13. The Test Results page MUST BE PRINTED. The user must sign

or initial the results page along with the TAC/ATAC. The

SIGNED RESULTS PAGE MUST BE placed in the appropriate

training file maintained by the agency for the 2 year

certification timeframe.

14. Users must make a score of at least an 80% or higher for each module

test taken in order to obtain certification or recertification. Users

making an 80% or higher are granted certification rights immediately.

Revised 05/29/2015

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