Domestic violence investigation

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  1. (a) When a law enforcement agency responds to a report of domestic violence, the first law enforcement officer to interview a victim of domestic violence shall assess the potential for danger by asking a series of questions provided on a lethality assessment form.

  2. (b) The lethality assessment form shall be completed with the following information from the victim:

    1. (1) Whether the offender ever used a weapon against the victim or threatened the victim with a weapon;

    2. (2) Whether the offender threatened to kill the victim or victim's children;

    3. (3) Whether the victim believes the offender will try to kill him or her;

    4. (4) Whether the offender ever tried to choke the victim;

    5. (5) Whether the offender is violently or constantly jealous;

    6. (6) Whether the offender controls most of the victim's daily activities;

    7. (7) The victim's current living situation and if he or she has recently left or separated from the offender after living together or being married;

    8. (8) The victim's employment status;

    9. (9) Whether the offender has ever attempted suicide to the best of the victim's knowledge;

    10. (10) Whether the victim has a child that the offender believes is not the offender's biological child;

    11. (11) Whether the offender follows, spies on, or leaves threatening messages for the victim; and

    12. (12) Any other pertinent information, including any other conditions or circumstances that concern the victim regarding his or her safety.

  3. (c) Based on the results of the lethality assessment under this section, the law enforcement officer compiling the information required by this section from the victim may refer the victim to an available shelter or domestic violence intervention program and shall comply with § 16-90-1107.


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