1.2 - Family Harm Flashcards
Protection Order conditions of the respondent relating to weapons
The respondent must not possess or have any weapon (firearm, airgun, pistol) under their control or hold a firearms license.
What do you do if there is insufficient evidence to arrest for a family violence offence?
Consider issuing a Police Safety Order (PSO).
Ensure the victim is safe before leaving.
Do not give warnings.
What are the requirements when applying for Warrants for breaching a PO
You may apply to the court for a warrant to be issued if you have RGB that the person is at the address - includes power of entry
Lasts for one month.
Must be withdrawn if you can’t find them.
Who can issue Protection Orders?
Family Court and District Court
Procedure for offering support services
If the victim says no when you ask if they want support, simply advise that you will be calling the agency you work closely with and that the agency will arrange for a worker to provide information and give them early assistance.
When a person breaches a PSO and fails to attend court (would be under a summons), what are the Prosecutor, officer of the court or Constable obligated to do?
Must:
- make 3 attempts of telephone calls within 1 hour
- then send a local unit and complete a 4Q follow up event
- update NIA record to reflect the action taken
When can a PSO not be issued?
When a person has been charged for a family violence offence.
When a person is under 16 years of age.
Breach of Protection Order and an assault has occurred. What must you do?
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.
What are the Restrictions on Police bail for family violence offences.
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.
In what instance must Police serve the Protection Order on a respondent ?
Holds a firearms license
or
Is believed to be in possession of or have access to a firearm
or
there is potentially a significant risk to the server
What is the procedure if you are unable to serve a PSO during the 2 hour period
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.
What are your responsibilities regarding their appearance at Court, when arresting for breach of PSO
You must bring the person before the court within 24hrs. If this is not possible, you must release at the expiry of the 24hrs and summons them to appear in court.
What can you do if you detain a child for the purposes of issuing a PSO and they abscond?
You may arrest the bound child without warrant if they fail or refuse to remain at that place.
This applies regardless of whether an order is issued or served.
Will be dealt with in Youth Court.
Serving PO’s - service principles:
Information gathering
Safety
Accountability
Working collaboratively
I. W. A. S
District Court ability to issue a temporary protection order and detain ? How long for
After determining that a temporary protection order is to be issued, the District Court can detain the person for a period not exceeding two hours for the purpose of issuing and serving the order.
What are the standard conditions of a Protection Order that a respondent must not do?
Hint: PMDT
- Physically threaten or abuse the protected person
- Make any contact with the protected person by any means.
- Damage or threaten to damage the protected persons property
- Threaten to sexually assault the protected person
P. M. D. T.
On the making of a PO, any firearms licence held by the respondents is:
Deemed to be suspended.
The licence becomes revoked when an order becomes final.
What types of corroboration is required if a victim becomes a reluctant witness. This may include
A
- Medical examinations
- Clothing
- Scene examinations
- Photographs of injuries
- Emergency call (111) recordings
- Witness statements
M. C. S. P. E. W.