Duties of law enforcement officers -- Notice to victims.

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  • (1) A law enforcement officer who responds to an allegation of dating violence shall use all reasonable means to protect the victim and prevent further violence, including:
    • (a) taking action that, in the officer's discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;
    • (b) confiscating the weapon or weapons involved in the alleged dating violence;
    • (c) making arrangements for the victim and any child to obtain emergency housing or shelter;
    • (d) providing protection while the victim removes essential personal effects;
    • (e) arranging, facilitating, or providing for the victim and any child to obtain medical treatment; and
    • (f) arranging, facilitating, or providing the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of dating violence, in accordance with Subsection (2).
  • (2)
    • (a) A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this chapter.
    • (b) The written notice shall also include:
      • (i) a statement that the forms needed in order to obtain a protective order are available from the court clerk's office in the judicial district where the victim resides or is temporarily domiciled; and
      • (ii) a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance.
  • (3) If a weapon is confiscated under this section, the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a dating protective order is not issued or once the dating protective order is terminated.




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