235B.3A - PREVENTION OF ADDITIONAL ABUSE -- NOTIFICATION OF RIGHTS.
235B.3A PREVENTION OF ADDITIONAL ABUSE --
NOTIFICATION OF RIGHTS.
If a peace officer has reason to believe that dependent adult
abuse, which is criminal in nature, has occurred, the officer shall
use all reasonable means to prevent further abuse, including but not
limited to any of the following:
1. If requested, remaining on the scene as long as there is a
danger to the dependent adult's physical safety without the presence
of a peace officer, including but not limited to staying in the
dwelling unit, or if unable to remain at the scene, assisting the
dependent adult in leaving the residence and securing support
services or emergency shelter services.
2. Assisting the dependent adult in obtaining medical treatment
necessitated by the dependent adult abuse, including providing
assistance to the dependent adult in obtaining transportation to the
emergency room of the nearest hospital.
3. Providing a dependent adult with immediate and adequate notice
of the dependent adult's rights. The notice shall consist of handing
the dependent adult a document that includes the telephone numbers of
shelters, support groups, and crisis lines operating in the area and
contains a copy of the following written statement; requesting the
dependent adult to read the card; and asking the dependent adult
whether the dependent adult understands the rights:
"a. You have the right to ask the court for the following
help on a temporary basis:
(1) Keeping the alleged perpetrator away from you, your home, and
your place of work.
(2) The right to stay at your home without interference from the
alleged perpetrator.
(3) Professional counseling for you, your family, or household
members, and the alleged perpetrator of the dependent adult abuse.
b. If you are in need of medical treatment, you have the
right to request that the peace officer present assist you in
obtaining transportation to the nearest hospital or otherwise assist
you.
c. If you believe that police protection is needed for your
physical safety, you have the right to request that the peace officer
present remain at the scene until you and other affected parties can
leave or safety is otherwise ensured."
Section History: Recent Form
96 Acts, ch 1130, §6; 2009 Acts, ch 133, §87, 88