1.2 Family Violence, PSO & Protection Orders Policy & Procedures

Question 1

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

Answer 1

1) Early intervention
2) Culturally appropriate
3) Safety
4) Collecting risk information
5) Accountability
6) Working Collaboratively

Question 2

Characteristics of Family Harm

Answer 2

Family harm encapsulates a holistic view of the issues occurring within families and their ensuing detrimental effects. The harm generated within families is caused by multiple factors:

Adverse Circumstances
- Vulnerabilities - lack of life/education skills, health issues
- Compounding factors - Unemployment, poverty
- Negative behaviours - Sexual violence, Alcohol/drug abuse
>
Family Harm
>
Long term negative outcomes
- Criminality
- Dysfunctional families

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
• 111 call
• Communications - emails, texts etc

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

Primary consideration

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

Police Safety Orders - What are they?

Answer 10

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

Question 11

Who is a qualified constable? (PSO)

Answer 11

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 12

When can a PSO be issued?

Answer 12

PSO can be issued against a person who is or has been in a family relationship with another person (the person at risk) if the constable has reasonable grounds to believe, having regard to specified matters, that the issue of an order is necessary to help make the person at risk safe from family violence.

Note if a person is arrested for a family violence related offence, but it is later determined that there is insufficient evidence to charge for that offence, a PSO can subsequently be issued.

Question 13

When can a PSO not be issued?

Answer 13

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

A PSO cannot be issued if the person posing risk is a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.

Question 14

How long can a PSO last?

Answer 14

A PSO can not exceed 10 days.

Question 15

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

Answer 15

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 16

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

Answer 16

• commits an offence and is liable on summary conviction to a fine not exceeding $500
• may be arrested without warrant

Question 17

Unable to serve a PSO during the 2 hour period

Answer 17

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 18

Arresting for breach of PSO

Answer 18

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 19

Who can issue Protection Orders?

Answer 19

Family Court and District Court

Question 20

Are the applicants children protected by a Protection Order?

Answer 20

The applicants 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.

Applicants (including parents) cannot take out a protection order against a child or young person unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.

Question 21

Protection Order conditions of the respondent relating to weapons

It is a condition of every protection order that the respondent must not:

Answer 21

• possess, or have any weapon (firearm, airgun, pistol, restricted weapon, ammunition or explosive) under their control
• hold a firearms licence.

Question 22

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

Answer 22

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

Question 23

Police must serve the Protection Order if the respondent

Answer 23

• the respondent holds a firearms licence, or
• the respondent is believed to be in possession of or have access to a firearm (whether or not they have a licence), or
• service is assessed as being a significant risk to the server, or
• the protection order is granted without notice.

Question 24

Section 9 – Meaning of family violence

In regards to family violence, violence includes

Answer 24

Physical, Sexual or Psychological abuse.

Note that from 1 July 2019, the definition of family violence has been widened to include ill-treating a house pet or other animal that is important to someone or their family, harassing behaviour such as loitering near where someone lives or works and disrupting the care of someone who needs it because of their age, disability, or health condition.

Question 25

Section 12 – Meaning of family relationship:
general

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

Answer 25

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 26

Section 13 – Meaning of family relationship: sharing household

For the purposes of section 12(c), a person (A) is not regarded as sharing a household with another person (B) by reason only of the fact that—

Answer 26

(a) A has, with B,—
(i) a landlord-tenant relationship; or
(ii) an employer-employee relationship; or
(iii) an employee-employee relationship; and
(b) A and B occupy a common dwellinghouse (whether or not other people also occupy that dwellinghouse).

Question 27

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

Answer 27

Non-violence conditions
It is a condition of every protection order that the respondent must not:
- engage in behaviour that amounts to any form of family violence against the protected person

• make any contact with the protected person that is not authorised
• encourage any person to engage in behaviour against, or to make contact with, a protected person, where the behaviour, if engaged in or made by the respondent, would be prohibited by the order. (s90 )

Non-contact conditions
Standard non-contact conditions in every protection order also apply.

Question 28

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

Answer 28

• 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 29

Breach of Protection Order

Answer 29

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 30

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

Answer 30

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 31

Choosing the right charge

When considering what charge(s) is appropriate: 4 things

Answer 31

• do not minimise violence that has occurred (e.g. consider the range of offences under the Crimes Act 1961 and those under the Family Violence Act 2018)
• ensure that an offender is charged and prosecuted in a way that reflects the essential nature of their offending
• ensure that there is evidence which can be adduced in Court that is sufficient to provide a reasonable prospect of conviction – (the Evidential Test)
• consider any continuing risk the offender poses to the victim.

Question 32

Support service primary agency for victims of family violence

Answer 32

Womens Refuge

Other services include, Shakti, Shine and a range of kaupapa Māori services and family violence specialist support services.

Where sexual offending has occurred, specialist sexual assault crisis response groups or counsellors may have been engaged

Question 33

Immediate effects of a PSO

Police safety orders require a bound person to:

Answer 33

• surrender any weapon in their control or any firearms licence held to a constable
• vacate any land or building occupied by a person(s) at risk regardless of whether the bound person has a legal or equitable interest in it
• provide a cooling down period where the person at risk has time and space to seek support and assistance, including applying for a temporary protection order if desired and for the bound person to seek support and assistance.

Question 34

Longer effects of a PSO

In addition to the immediate effects of the order, the bound person must not:

Answer 34

• engage in behaviour that amounts to any form of family violence against a person at risk
• make any contact with a person at risk that is not authorised (see below)
• encourage any person to engage in behaviour against or to make contact with a person at risk, where the behaviour or contact, if engaged in or made by the bound person, would be prohibited by the order.

Question 35

Contact by the bound person with a person at risk is authorised and not in breach of an orders no-contact condition, if the contact is:

Answer 35

• reasonably necessary in an emergency
• permitted under any special condition of any relevant protection order
• necessary in order to attend a family group conference
• necessary to attend a proceeding before a court or person acting judicially or to attend any matter associated with such a proceeding which would be jointly attended (e.g. a restorative justice conference).

Effect on parenting orders
If a bound person is a party to a parenting order or agreement, that parenting order is suspended.

Question 36

Factors to consider when deciding to issue a Police safety order

Answer 36

• whether it is likely that the person posing risk:
  has inflicted, or is inflicting family violence against the person at risk, and/or any other person with whom the person posing risk has a family relationship
• will inflict or again inflict family violence against the person at risk
• the welfare of any children residing with the person at risk
• the hardship that may be caused if the order is issued, and
• any other matter that may be considered relevant.

Question 37

Actions for breach of Police safety order

If a bound person is taken into custody for breaching a PSO, you must:

Answer 37

• bring them before the court within 24 hours
• make a complaint to the court requesting that it makes an order under section 45 of the Act
• if the person cannot be brought before a court within 24 hours, at or before the expiry of the period, you must release the person and summons them to appear. The person can be arrested and brought before the court if they fail to appear as summonsed

The original PSO remains in existence for the duration of which it was originally issued.

Question 38

If the bound person has absconded after the breach

Where the bound person has absconded after breaching the PSO, you must

Answer 38

Capture the breach in On Duty / or advise CRL.

You have one month from the time of the breach to locate the bound person and to bring them into custody.

You then have 24 hours to bring them before the court.

A complaint is filed and an order sought under s45

Question 39

Issuing Police safety orders to children

Answer 39

A Police Safety Order (PSO) can be issued under s28 of the Act to children aged 16 or 17 as part of the frontline safety plan, if the order is justified by special circumstances (s31).

When alternatives to a PSO are considered to be inappropriate or insufficient, a PSO may be issued against a child aged 16 or 17 where there are reasonable grounds to believe it is necessary to help make that child’s family member, or a person they have a close family relationship with, safe from family violence.

Question 40

Determining ‘special circumstances’

A PSO may only be issued against a child aged 16 or 17 years where there are special circumstances. This may be the case where the child’s behaviour has reached a point where there is little room for alternatives.

Special circumstances may include:

Answer 40

Reasonable grounds to believe that the issue of an order is necessary to help make the person at risk safe from serious family violence,
and
The ‘total level of concern’ (SAFVR and Dynamic) in OnDuty is High,
and
Approval from a Senior Sergeant or above has been obtained,
and
The authorising Senior Sergeant has consulted with Oranga Tamariki (National Contact Centre regarding placement / status)

Question 41

Non-violence conditions
From 1 July 2019, all protection orders – including ones granted before then – will have additional standard conditions and changes to the meaning of terms used in the order pursuant to changes introduced by the Family Violence Act 2018 including:

Answer 41

• consent to contact
• stopping contact
• variations to orders relating to property
• new definitions of family violence ; abuse ; and psychological abuse .

Respondents will need to follow the additional and varied conditions.

Question 42

Section 79 – Requirements for making of protection order

The court may make a protection order if it is satisfied that—

Answer 42

(a) the respondent has inflicted, or is inflicting, family violence against the applicant, or a child of the applicant’s family, or both; and
(b) the making of an order is necessary for the protection of the applicant, a child of the applicant’s family, or both.

Question 43

Law Notes

Answer 43

• The applicant is able to withdraw, at any time, their consent for the respondent to remain at the address. Once withdrawn, the respondent must leave within a reasonable time.
• Police should inform the respondent that they are required to leave, and should provide a reasonable time to gather some basic items together (e.g. clothing), and also to arrange for somewhere to go.
• If, having been informed that they must leave, the respondent refuses to go, they breach the order and can be arrested.
• If violence has been used, the non-contact provisions of the order contained in s 19(2) do not apply. Violence will amount to a breach of s 19(1), and the respondent may be arrested.
• When a person subject to a protection order makes an abusive statement about the protected person on Face-book, they may breach the order if the abuse may be circulated more widely and reported to the protected person. That person does not have to be a Face-book friend for a breach to occur. This decision confirms the abuse doesn’t have to be addressed directly towards the protected person, and there doesn’t need to be direct evidence the abuser intended the protected person to see or hear the abuse.