1.2 Family Violence, PSO & Protection Orders Policy & Procedures

Question 1

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

Answer 1

1) Early intervention
2) Culturally appropriate

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

4) 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

5) 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.

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

Question 2

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

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

When should you arrest in a family violence 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

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

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

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

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 16 years of age.

Question 15

How long can a PSO last?

Answer 15

A PSO can not exceed 10 days.

Question 16

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

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

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

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

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

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

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

In regards to domestic violence, violence includes

Answer 25

Physical, Sexual or Psychological abuse.

Question 26

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

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

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

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

What is a possible defence for the Defendant for breaching?

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

If the bound person has absconded after breaching a PSO:

Answer 32

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

Question 33

Warrants for breaching a PSO

Answer 33

You may apply to the court for a warrant to be issued. This provides power of entry if you have reasonable belief that the person is at the address.

Lasts for one month.

Must be withdrawn if you can’t find them.

Question 34

When a person breaches a PSO and attends court, the Prosecutor, officer of the court or Constable must advise the victim of what?

Answer 34

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 35

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

Determining ‘special circumstances’

Answer 35

• reasonable grounds to believe 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 36

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

Answer 36

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 37

When a child breaches a PSO:

Answer 37

You may take them into custody.

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

Question 38

When a child breaches a PSO:

Answer 38

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

Question 39

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

Answer 39

A person aged 18 years and older.

Question 40

Protection orders against a child or young person:

Answer 40

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 41

Who issues PO’s?

Answer 41

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 42

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

Answer 42

Deemed to be suspended.

The licence becomes revoked when an order becomes final.

Question 43

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 43

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

Question 44

Serving PO’s - service principles:

Answer 44

Safety

Information gathering

Accountability

Working collaboratively

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

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

Answer 46

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 47

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

Answer 47

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.