1.2 Family Violence, PSO & Protection Orders Policy & Procedures

Question 1

Protection Order conditions of the respondent relating to weapons

Answer 1

The respondent must not possess or have any weapon (firearm, airgun, pistol) under their control or hold a firearms license.

Question 2

What do you do if there is insufficient evidence to arrest for a family violence offence?

Answer 2

Consider issuing a Police Safety Order (PSO).

Ensure the victim is safe before leaving.

Do not give warnings.

Question 3

What are the requirements when applying for Warrants for breaching a PSO

Answer 3

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Must be withdrawn if you can’t find them.

Question 4

Who can issue Protection Orders?

Answer 4

Family Court and District Court

Question 5

Procedure for offering support services

Answer 5

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.

Question 6

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?

Answer 6

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

Question 7

When can a PSO not be issued?

Answer 7

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

When a person is under 16 years of age.

Question 8

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

Answer 8

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.

Question 9

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

Answer 9

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.

Question 10

In what instance must Police serve the Protection Order on a respondent ?

Answer 10

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

Question 11

What is the procedure if you are unable to serve a PSO during the 2 hour period

Answer 11

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.

Question 12

What are your responsibilities regarding their appearance at Court, when arresting for breach of PSO

Answer 12

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.

Question 13

What can you do if you detain a child for the purposes of issuing a PSO and they abscond?

Answer 13

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.

Question 14

Serving PO’s - service principles:

Answer 14

Information gathering

Safety

Accountability

Working collaboratively

I. W. A. S

Question 15

District Court ability to issue a temporary protection order and detain ? How long for

Answer 15

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.

Question 16

What are the standard conditions of a Protection Order that a respondent must not do?

Hint: PMDT

Answer 16

• 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.

Question 17

On the making of a PO, any firearms licence held by the respondents is:

Answer 17

Deemed to be suspended.

The licence becomes revoked when an order becomes final.

Question 18

What types of corroboration is required if a victim becomes a reluctant witness. This may include

Answer 18

• Medical examinations
• Clothing
• Scene examinations
• Photographs of injuries
• Emergency call (111) recordings
• Witness statements

M. C. S. P. E. W.

Question 19

If through your family harm investigations or other duties, you become aware that a respondent of a non-molestation or non-violence order has a firearms licence, you must:

Answer 19

Notify an Inspector or above to consider revocation of the firearms licence

Question 20

What conditions must exist for a PSO to be issued?

Answer 20

The parties are in a domestic relationship and the constable does not arrest the bound person but has RGB that an order is necessary to ensure the safety of the person at risk.

Question 21

Under the Act, what is the age of an ‘adult child’?

Answer 21

A person aged 18 years and older.

Question 22

Police Bail considerations for family violence offences consist of what?

Answer 22

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 to ensure the victim’s safety.

Any condition may be imposed on bail that the Police consider necessary to protect the victim and their family members.

Question 23

Police Safety Orders - What are they?

Answer 23

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

Question 24

What are the 6 principles that guide Police response to family violence

Answer 24

1) Accountability -
holding offenders to account for their actions by activating a prompt and comprehensive response. Directing offenders to programmes that will stop the violence should be encouraged.

2) Culturally appropriate
3) Early intervention

4) Safety - 
ensure everyone (especially victims and children) are safe before leaving the premises.

5) Working Collaboratively -
coordinate responses to family violence through family violence coordinators across police work groups (ASAT, CPT, Youth Aid etc)

6) Collection of Risk Information -
collecting risk info to enable decision makers to assess, plan and manage risk to victims and guide decisions around offender management

A. C. E. S. W. C = Aces war collection

Question 25

When a child breaches a PSO:

Answer 25

You may take them into custody.

They appear before the District Court by way of a complaint.

Question 26

Refusing to remain detained at the place where they are detained re PSO, what are your options?

Answer 26

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

Question 27

What are the elements of the offence for Breach of Protection Order?

What is a possible defence for the Defendant for breaching?

Answer 27

Every person commits an offence who breaches a protection order by -

a) doing an act in contravention of the order or
b) failing to comply with any condition of the order

It is a defence if the defendant proves that he or she had a reasonable excuse for breaching the order.

Question 28

The district Court are in the process of sentencing an offender for family violence related offences, can they issue a final protection order?

Answer 28

The District Court can also issue a final protection order when

sentencing an offender convicted of an offence involving family violence if it is satisfied that the order is necessary for the victim’s protection and the victim does not object to the order.

Question 29

How long can a PSO last?

Answer 29

A PSO cannot exceed 10 days.

Question 30

Who can authorise Police Bail for Family Violence Offences?

Answer 30

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

Question 31

A person is not regarded as being in a domestic relationship if they have

Answer 31

a) a landlord / tenant relationship
b) an employer-employee relationship

Question 32

When should you arrest in a family violence offence?

Answer 32

If there is sufficient evidence for a family violence offence or breach of protection order offence, the offender should (except in exceptional circumstances) be arrested.

Question 33

A person is in a domestic relationship with another person if?

Answer 33

a) they are a spouse or partner, de facto
b) they are a family member of the person
c) they ordinarily share a household (flatmates included)
d) they have a close personal relationship with the other person.

Question 34

What are the characteristics of Family Violence? (IE Percentages)

Answer 34

The majority of family violence is intimate partner violence. The perpetrator is mostly male and the victim female.

Children are typically present at 50% of all family violence occurrences.

Police must collect risk infomation when family violence involves a Intimate Partner or when children are present

Question 35

In regards to domestic violence, violence includes

Answer 35

Physical, Sexual or Psychological abuse.

Question 36

When can you issue a PSO to a 16 and 17 year old?

Determining ‘special circumstances’

Answer 36

• RGB an order is necessary to help make the person at risk safe from serious family violence

And

• total level of concern (SAFVR and Dynamic) in OnDuty is High

And

• approval from a Snr Sgt or above AND they have consulted with OT regarding placement/status

Question 37

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

Hint: SAFE

Answer 37

• if permitted under a SPECIAL condition of the order
• if permitted under any order or AGREEMENT relating to the role of providing day to day care for or custody of a minor
• for the purposes of attending a FAMILY group conference
• in an EMERGENCY

S. A. F. E

Question 38

What applies if the bound person has absconded after breaching a PSO:

Answer 38

You have one month to locate them and bring them into custody. You then have 24 hours to bring them before a court.

Question 39

Who is a qualified constable for the authorization of a PSO?

Answer 39

Of or above SGT.
substantive SGT or formally appointed or authorised under section 63 of the policing act.

An acting sergeant cannot issue PSOs.

Question 40

Who issues PO’s?

Answer 40

Issued by the Family Court and can only be discharged by the court.

But the DC can too, if they are satisfied that that a person has failed or refused to comply with a PSO, they can order a temporary PO.

The DC can also issue a final PO when sentencing an offender of a family violence offence if it’s necessary for the victims protection and they don’t object to the matter.

Question 41

What are the police powers pending the authorisation and issue of a PSO?

Answer 41

Police can detain the person for up to 2 hours. The 2 hour period commences when a decision to issue a PSO is made.

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.

Question 42

When a child breaches a PSO does it come under OT s234?

Answer 42

It is not technically an arrest, therefore it does not authorise the use of OT Act section 234 to do with placement.

Question 43

Are the applicant’s children protected by a Protection Order?

Answer 43

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.

Question 44

What are the restrictions for Protection orders against a child or young person:

Answer 44

Applicants can’t take out a PO against a child or young person unless satisfied that a child is aged 16 years or over and that order is justified by special circumstances.

Question 45

How long does a Protection Order encapsulate a ‘adult child’ for, when does the protection expire?

Answer 45

When the ‘adult child’ is over 18 and leaves home , they must be defined on the Protection Order that they are protected, or the courts discharge the protection order

Question 46

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

Answer 46

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

Question 47

Presumption of Court Bail

Answer 47

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