1.2 Family Violence, PSO & Protection Orders Policy & Procedures

Question 1

What are the 4 principles that guide Police response to family violence

Answer 1

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

2) 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

3) 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.

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

Question 2

Characteristics of Family Violence

Answer 2

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 3

Corroboration is required if the victim becomes a reluctant witness. This may include

Answer 3

• medical examinations
• photographs of injuries
• scene examinations
• clothing
• witness statements

Question 4

Arrest if sufficient evidence of an offence

Answer 4

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 5

What do you do if there is insufficient evidence to arrest?

Answer 5

Consider issuing a Police Safety Order (PSO).

Ensure the victim is safe before leaving.

Do not give warnings.

Question 6

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

Answer 6

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 7

Police Bail considerations for family violence offences

Answer 7

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.

Question 8

Who can authorise Police Bail for Family Violence Offences?

Answer 8

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

Question 9

Presumption of Court Bail

Answer 9

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

Question 10

Procedure for offering support services

Answer 10

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 11

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

Answer 11

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.

Question 12

Section 27 - Interpretation: Who is a qualified constable? (PSO)

Answer 12

Of or above the position level of sergeant. Must be a substantive sergeant or formally appointed or authorised under section 63 of the policing act.

An acting sergeant can not issue PSOs.

Question 13

Section 28 - When can a PSO be issued?

Answer 13

When the parties are in a domestic relationship and 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.

Question 14

Section 31 - Limit on issuing against children.

When can a PSO not be issued?

Answer 14

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

When a person is under 17 years of age.

Question 15

Section 35 - How long can a PSO last?

Answer 15

A PSO can not exceed 10 days.

Question 16

Section 32 - What are the police powers pending the authorisation and issue of a PSO?

Answer 16

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 17

Section 32 - Refusing to remain at the place where they are detained re PSO

Answer 17

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 18

Section 34 - Unable to serve a PSO during the 2 hour period

Answer 18

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 19

Section 44 &45 - Arresting for breach of PSO

Answer 19

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 20

Who can issue Protection Orders?

Answer 20

Family Court and District Court

Question 21

Section 86 - Are the applicants children protected by a Protection Order?

Answer 21

The applicants children are automatically protected. A child of the applicant who is 17 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 22

Section 100 - Protection Order conditions of the respondent relating to weapons

Answer 22

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

Question 23

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

Answer 23

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

Question 24

Police must serve the Protection Order if the respondent

Answer 24

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 25

Section 9 - In regards to domestic violence, violence includes

Answer 25

Physical, Sexual or Psychological abuse.

pattern of behaviour, coercive, controlling, causes cumulative harm.

Question 26

Section 12 - A person is in a domestic relationship with another person if?

Answer 26

a) they are a spouse or partner
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 27

Section 13 - A person is not regarded is being in a domestic relationship if they have

Answer 27

a) a landlord tenant relationship

b) an employer-employee relationship

Question 28

Section 90 - What are the standard conditions of a Protection Order that a respondent must not do?

Answer 28

• Physically threaten or abuse the protected person
• Threaten to sexually assault the protected person
• Damage or threaten to damage the protected persons property
• Make any contact with the protected person by telephone, electronic message, correspondence or otherwise.

Question 29

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

Answer 29

• 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

Question 30

Section 112 - Breach of Protection Order

Answer 30

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 31

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

Answer 31

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 32

Section 8 - Interpretation

Answer 32

• Child means a person under 18.

Question 33

Section 14 - In determining whether a person has a close personal relationship with another, the court must have regard to?

Answer 33

The nature and intensity of the relationship
The amount of time A and B spend together
The Place or Places where that time is ordinarily spent
The manner in which that time is ordinarily spent
The duration of the relationship

Question 34

Section 36 - Duty to Vacate land or building

Answer 34

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.

Question 35

Section 37 - Duty to surrender weapons

Answer 35

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.

Question 36

Section 113 - Power to arrest for breach of PO

Answer 36

A Constable may without warrant, arrest a person if there is good cause to suspect has:

• Contravened the PO or
• Failed to comply with any condition of the PO
• Failed to comply with related occupation order, tenancy order, ancillary furniture order or a related furniture order.

Question 37

Section 79 - Requirements for making a protection order

Answer 37

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

Question 38

Law Notes - Consent to remain on Property

Answer 38

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