1.2 Family Violence, PSO and Flashcards
Protection Order Conditions of the Respondent relating to weapons
- The Respondent must not posses 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 PSO
- Ensure the victim is safe before leaving
- Do not give warnings
What are the requirements when applying for warrants for breaching a PSO?
You may apply to the Court for a warrant to be issued if
- You have RGTB that the person is a the address (includes power of entry)
- Lasts for one month
- Must be withdrawn if you can’t find them
Who can issue a Protection Order?
Family Court or District Court
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 in regards to contact with the protected person?
Must
- Make 3 attempts to telephone call them within 1 hour
- Then send a local unit to 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 FV offence
- When a person is under 16 years of age
A 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 Police bail (after 24hrs), you must have 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?
Only when:
- Granted without notice or
- Where the overall circumstances indicate a significant risk of harm
- Such as the respondent has a F/A licence and the F/A are to be seized
- All other times the court must serve
What is the procedure if you are unable to serve a PSO during the 2 hour period in which the person is detained?
- 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 a 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 (16 or 17 years old) for the purposes of issuing a PSO and they abscond?
- You may arrest the bound child 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 the Youth Court
Serving Protection Orders - What are the 4 service principals?
- Information gathering
- Safety
- Accountability
- Working collaboratively
I.W.A.S
After the district court has determined that a temporary protection order is to be issued, how long can the person be detained for and why?
- The District Court can detain the person for a period not exceeding 2 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: PCTD
- PHYSICALLY threaten or abuse the protected person
- Make any CONTACT with the Protected person
- THREATEN to sexually assault the protected person
- DAMAGE or threaten to damage the protected person property
When the making of a Protection Order, any firearms license held by the respondent is what?
- Deemed to be suspended
- The license becomes revoked when the order becomes final
What types of corroboration is required if a victim becomes a reluctant witness, this may include
M.C - S.P.E.W
- Medical examinations
- Clothing
- Scene examinations
- Photographs of injuries
- Emergency call recordings
- Witness statements
If through your Family harm investigation or other duties, you become aware that a respondent of a Non-Molestation or Non-Violence order has a Firearms Licence, you must
- Notify an inspector or above to consider revocation of the firearms licence
What conditions must exist for a PSO to be issued?
- The parties are in a family relationship
- The constable does not arrest the bound person
- But has RGTB that an order is necessary to ensure the safety of the person at risk
Under the Act, what is the age of an ‘Adult Child’
A person aged 18 years and older
Police Bail considerations for Family Violence offences consist of what?
- The primary consideration is the safety of the victim
- Any condition may be imposed on bail that the Police consider necessary to protect the victim and their family
- Linking the victim the appropriate support and services and the possible need for the defendant to have a cooling off period to ensure the victims safety
What are the 6 principles that guide Police response to Family Violence
A.C.E.S.W.C (Aces War Collection)
1) Accountability
- Holding offenders to account for their action by activating a prompt comprehensive response, directing offenders to programmes that will stop the violence should be encouraged
2) Culturally appropriate
3) Early intervention
4) Safety
- Ensure everyone are safe before leaving the premises (especially victims and children)
5) Working collaboratively
- Coordinate responses to family violence through family violence coordinators across police work groups
6) Collection of risk information
- Collecting risk Information to enable decision makers to assess, plan and manage risk to victims and guide decisions around offender management
When a child breaches a PSO:
- You may take them into custody
- They appear before the district court by way of a complaint
Refusing to remain at the place where they are detained for a PSO. What are your options?
- A person commits an offence and can be arrested without warrant if he/she fails to remain at the place where they are detained. Max $500 fine
