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CPK > 1.2 Family Harm > Flashcards

1.2 Family Harm Flashcards

1
Q

What are the six principles that guide the Police response to family violence?

A

1) Early Intervention
2) Culturally Appropriate
3) Safety
4) Collecting Risk Information
5) Accountability
6) Working Collaboratively

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2
Q

When prosecuting family harm you must aim to prove the offending even if the victim becomes uncooperative. What other evidence can corroborate a victim’s allegations (9)?

A
  1. Medical reports (suspect and victim).
  2. Photographs of injuries.
  3. Scene evidence (photos and diagrams).
  4. Clothing.
  5. Witness statements (neighbours, friends, colleagues, emergency medical staff).
  6. 111 call.
  7. Previous family harm reports.
  8. Emails, texts, phone records, browsing history, and bank records.
  9. Admissions or corroborating statements by a suspect.
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3
Q

When should you arrest for a family harm matter?

A

Whenever there is sufficient evidence of an offence, except in exceptional circumstances.

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4
Q

Breach of Protection Order and an assault has occurred. What must you do?

A

Charge the offender with the assault and for the breach.

Do not release the offender on bail for 24hrs provided there is no court hearing before the period has elapsed.

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5
Q

What should be considered before police consider bail for a family violence offence?

A

The primary consideration is the safety of the victim, linking the victim to appropriate support and services and the possible need for the defendant to have a cooling off period.

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6
Q

Who can authorise Police Bail for Family Violence Offences?

A

You must have the authority of a supervisor of or above the level of sergeant before releasing the defendant on bail.

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7
Q

What is presumed about bail in family violence cases?

A

In most cases, there is a presumption that a defendant is to be bailed.

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8
Q

How should child abuse victims or child witnesses of serious crime be interviewed?

A

They should be interviewed by a specialist child witness. This does not however prevent a preliminary interview occurring during initial attendance as part of identifying their role and the wider safety assessment.

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9
Q

Section 27 - Interpretation: Police Safety Orders - What are they?

A

PSOs are immediate orders issued by a qualified constable when attending family violence occurrences where an investigation fails to establish full evidence of an offence.

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10
Q

Fact - With respect to family violence (and PSOs), who is a qualified constable?

A

Sergeant or above (including one authorised under section 63).

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11
Q

When can a PSO be issued (2)?

A

1) When the parties are in a domestic relationship
2) The constable does not arrest the bound person but has reasonable grounds to believe an order is necessary to ensure the safety of the person at risk.

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12
Q

Section 31 - Limit on issuing against children.

When can a PSO not be issued?

A

When a person has been charged for a family violence offence.

When a person is under 16 years of age.

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13
Q

Section 35 - How long can a PSO last?

A

A PSO can not exceed 10 days.

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14
Q

Fact - What are the two powers conferred under section 32 of the Family Violence Act 2018 with relation to the issue of PSOs?

A
  1. Police can detain the person for up to 2 hours. The 2 hour period commences when a decision to issue a PSO is made.
  2. Police can remove the person from the premise and take them to a police station or place used as a police station (patrol car) during the period of detention.
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15
Q

What is the course of action and penalty for someone refusing to remain at the place where they are detained for a PSO?

A

A person commits an offence and can be arrested without warrant if he/she fails to remain at the place where they are detained.

$500 fine

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16
Q

What is the appropriate course of action if you are unable to serve a PSO during the 2 hour period?

A

You must release the detained person. You then have 48hrs to issue and serve the order on the person.

The 48hrs starts when the qualified constable authorises the issuing of a PSO.

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17
Q

What must you do if you arrest someone for a contravention of PSO but cannot bring them before the court within 24 hours?

A

You must release them and summons them to appear in court. If they do not appear a warrant may be issued.

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18
Q

Who can issue Protection Orders?

A

Family Court and District Court

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19
Q

Section 86 - Until what age are an applicant’s children covered by a protection order?

A

The applicant’s children are automatically protected. A child of the applicant who is 18 years or older (adult children) are protected until they leave home.

Adult children who have left home are not protected unless they are specified as a protected person in the order.

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20
Q

What does section 100 of the Family Violence Act 2018 stipulate with regard to the possession of weapons following the issue of a protection order?

A

This section gives the respondent a period of grace to surrender the weapon and to comply with s 98; that time period is 24 hours. If the respondent has a weapon in that time it will not be a breach of the protection order.

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21
Q

Section 98 - When must the respondent of a Protection Order surrender their weapons and firearms license?

A

As soon as practicable after the service of the order but within 24hrs and on demand at any time by a constable.

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22
Q

When must police be the ones to serve a protection order (3)?

A

The respondent…
1) Holds a firearms license

2) Is believed to be in possession of or have access to a firearm or
3) There is potentially a significant risk to the server

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23
Q

According to section 9 of the Family Violence Act 2018, what are the five types of violence described?

A

1) Physical abuse
2) Sexual abuse
3) Psychological abuse
4) Coercion and control
5) Dowry-related violence

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24
Q

A person is in a domestic relationship with another person if (4)?

A

1) They are a spouse or partner
2) They are a family member of the person
3) They ordinarily share a household (flatmates included)
4) They have a close personal relationship with the other person.

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25
Q

A person is not regarded is being in a domestic relationship if they have…(3)

A

1) A landlord tenant relationship
2) An employer-employee relationship
3) An employee-employee relationship

AND they occupy a common dwellinghouse

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26
Q

Blank

A

Blank

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27
Q

When can a respondent of a Protection Order make contact with the protected person (4)?

A
  • in an emergency
  • if permitted under any order or agreement relating to the role of providing day to day care for or custody of a minor
  • if permitted under a special condition of the order
  • for the purposes of attending a family group conference
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28
Q

According to section 112 of the Family Violence Act 2018, what qualifies as a breach of protection order (2)?

A

1) Doing any act in contravention of the protection order

2) Failing to comply with any condition of the protection order or other related orders.

29
Q

What is the Restrictions on Police bail for family violence offences.

A

A person must not be granted police bail for 24hrs immediately following their arrest.

Note: When granting bail (after 24hrs), you must have the authority of a supervisor of or above the level of sergeant before granting Police bail.

30
Q

What age is a child according to the Family Violence Act 2018?

A

Child means a person under 18.

31
Q

In determining whether a person has a close personal relationship with another, the court must have regard to (5)?

A

1) The nature and intensity of the relationship.
2) The amount of time A and B spend together.
3) The Place or Places where that time is ordinarily spent.
4) The manner in which that time is ordinarily spent.
5) The duration of the relationship.

32
Q

According to section 36 of the Family Violence Act 2018, what must a bound person do following the service of a police safety order?

A

A bound person must immediately vacate any land or building occupied by a person at risk, whether or not the person has a legal or equitable interest in the land or building.

33
Q

What two things must a bound person surrender following the service of a police safety order?

A

A bound person must immediately surrender to a Constable

  • Any weapon in their possession or control
  • and, any firearms licence held by the bound person.
34
Q

BLANK

A

BLANK

35
Q

What are the requirements for making a protection order (2)?

A

The court may make a protection order if it is satisfied that
1) the respondent has inflicted or is inflicting family violence against the applicant, or a child of the applicants family or both.
and
2) the making of the order is necessary for the protection of the applicant, a child of the applicants family or both.

36
Q

What was held in case law Police V Elliott in relation to consent to remain when there is a protection order.

A

The applicant is able to withdraw consent at any time for the respondent to remain at the address. Police should allow a reasonable amount of time for respondents to gather items and leave the address

37
Q

What is the Police’s policy statement with respect to family harm?

A

Family harm is a high priority for Police and reducing the number and impact of family harm episodes is a key Police strategy.

38
Q

How long after offending may a video victim statement is be taken?

A

Up to two weeks.

39
Q

If a child is witness to (or the victim of) a family harm offence, what is the appropriate course of action for recording their statement (2)?

A
  1. Conduct a preliminary interview during initial attendance.
  2. Organise for a specialist child interview at a later date.
40
Q

How much evidence is required to issue a warning?

A

The same as if you were going to prosecute.

41
Q

When considering a PSO, what are the five main factors you should consider in determining issue and duration?

A
  1. Whether the aggressor has inflicted/is inflicting family violence.
  2. The likelihood of continued family violence being inflicted.
  3. Welfare of children involved.
  4. Potential hardship that may be caused.
  5. Any other relevant matters.
42
Q

What are the differences in implications for firearms licences between PSO and protection orders?

A

For PSOs the licence is suspended and for protection orders they are revoked.

43
Q

Why should you aim to interview victims and key witnesses early in family harm matters (2)?

A

1) Because they can often become reluctant witnesses during the prosecution process or
2) later minimise the violence.

44
Q

What action should you take if you decide not to arrest in a family harm case?

A

You should explain to the victim why charges are not being laid and act in a way that will encourage future reporting of episodes.

45
Q

Regarding early intervention, what mindset should Police adopt when attending family harm episodes?

A

An “eyes wide open” approach

46
Q

What should the cultural response be for officers attending family harm?

A

It should be culturally appropriate and, in particular, responses involving Maori should reflect tikanga.

47
Q

Regarding safety, what should officers ensure before leaving a family harm episode (3)?

A

1) That all parties are made safe and kept safe, particularly victims, whose safety is paramount.
2) That officers have no concern regarding any child’s safety.
3) Whilst attending the job, that officers take the necessary precautions to secure their own safety.

48
Q

What does collecting specific risk information enable?

A

It enables effective assessment, planning and risk management to victims and to guide decisions around appropriate actions for offenders.

49
Q

How can we hold family violence offenders to account (3)?

A

1) Undertaking a thorough family harm investigation.
2) Making appropriate charging decisions where there is sufficient evidence.
3) Directing offenders to supportive programs to change their behaviour.

50
Q

BLANK

A

BLANK

51
Q

Are there any limitations when it comes to who suffers from family harm?

A

No. It is important to remember family harm can impact anyone, including occurring in families who are affluent

52
Q

How is family violence related to family harm?

A

Family violence is a SUBSET OF family harm

53
Q

What can family violence include?

A

It can include physical, sexual or psychological abuse within domestic relationships. There may be behaviour that is coercive or controlling and causes cumulative harm.

54
Q

What is a Duluth power and control wheel?

A

It highlights the tactics of abuse most universally experienced by battered women.

55
Q

What % of IPV victims report having a pet harmed or killed?

A

36.5%

56
Q

What is the fundamental pattern of behaviour which underlies family harm (2)?

A

Entrapment and resistance - victims are trapped by an abusive partner’s coercive and controlling behaviors. Victims often need external help to extract themselves and may use violence to wrench themselves free.

57
Q

What are the majority of family harm investigations that Police record?

A

Intimate partner violence

58
Q

Who is mostly the predominant aggressor?

A

Male

59
Q

Who is mostly the primary victim?

A

Female

60
Q

What type of violence are men more likely to use?

A

Violence that results in serious injury, intimidation and fear

61
Q

How do women use violence?

A

More likely to use it in self defence aka resistive violence

62
Q

What percentage of family harm episodes have children present?

A

50%

63
Q

What is an area of increasing concern in family harm?

A

The use of technology eg, sending abusive messages/emails, stalking, harrassment, spying on and monitoring victims through the use of tracking systems

64
Q

Blank

A

Blank

65
Q

Blank

A

Blank

66
Q

When a protection order or related property order has been breached AND there is evidential sufficiency to prove a charge,

What must you do (2)?

A
  1. Charge the offender for the breach
  2. Not release the offender on Police bail for 24 hours unless there is a court hearing earlier than this where court bail can be determined.
67
Q

What is the primary consideration when considering Police bail for a defendant charged with a family violence offence?

A

The primary consideration is the need to protect the victim, their family members, and all protected persons.

68
Q

What sort of bail conditions can you impose for a family harm matter?

A

Any condition may be imposed on bail that a police employee considers necessary to protect the victim and their family members.

69
Q

Where there has been an incident of family harm at an EM address, what should you consider going forward?

A

Consider opposing the continuation of EM bail to that address.

CPK (15 decks)

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