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CPK 2024 > 1.Family Harm > Flashcards

1.Family Harm Flashcards

1
Q

Protection Order conditions of the respondent relating to weapons

A

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

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2
Q

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

A

Consider issuing a Police Safety Order (PSO).

Ensure the victim is safe before leaving.

Do not give warnings.

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3
Q

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

A

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Must be withdrawn if you can’t find them.

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4
Q

Who can issue Protection Orders?

A

Family Court and District Court

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5
Q

When asking the victim

Procedure for offering support services

A

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.

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6
Q

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?

A

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

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7
Q

When can a PSO not be issued?

A

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

When a person is under 16 years of age.

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8
Q

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

A

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.

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9
Q

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

A

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.

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10
Q

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

A

Only when granted without notice or where the overall
circumstances indicate a significant risk of harm - such as respondant has F/A licence and F/A’s to be seized.
All other times court must serve.

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11
Q

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

A

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.

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12
Q

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

A

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.

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13
Q

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

A

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.

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14
Q

Serving PO’s - service principles:

A

Information gathering

Safety

Accountability

Working collaboratively

I. W. A. S

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15
Q

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

A

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.

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16
Q

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

Hint: PMDT

A
  • 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.

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17
Q

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

A

Deemed to be suspended.

The licence becomes revoked when an order becomes final.

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18
Q

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

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

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

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19
Q

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:

A

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

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20
Q

What conditions must exist for a PSO to be issued?

A

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.

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21
Q

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

A

A person aged 18 years and older.

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22
Q

Police Bail considerations for family violence offences consist of what?

A

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.

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23
Q

What are the 6 principles that guide Police response to family violence
A. C. E. S. W. C = Aces war collection

A

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

24
Q

When a child breaches a PSO:

A

You may take them into custody.

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

25
Q

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

A

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

26
Q

What is a possible defence for the Defendant for breaching?

A

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

27
Q

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

A

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.

28
Q

How long can a PSO last?

A

A PSO cannot exceed 10 days.

29
Q

Who can authorise Police Bail for Family Violence Offences?

A

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

30
Q

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

A

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

31
Q

When should you arrest in a family violence offence?

A

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.

32
Q

A person is in a family relationship with another person if? (4)

A

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.

33
Q

In regards to domestic violence, violence includes

A

Physical, Sexual or Psychological abuse.

34
Q

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

Determining ‘special circumstances’

A
  • 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
35
Q

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

Hint: SAFE

A
  • 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

36
Q

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

A

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

37
Q

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

A

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

An acting sergeant cannot issue PSOs.

38
Q

Who issues PO’s?

A

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.

39
Q

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

A

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.

40
Q

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

A

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

41
Q

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

A

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.

42
Q

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

A

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.

43
Q

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

A

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

44
Q

Presumption of Court Bail

A

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

45
Q

S26 Police Safety Order

A

Qualified constable issuing against a person A
a) To help make another person B Safe from family violence
b) Requiring A To vacate any land/building occupied by B (Or any child residing with B) To comply with family violence and no contact conditions and arrange/attend a risk and needs assessment
c) Continuing in force and not exceeding 10 days
d) that if A Has failed/refused to comply with it can be taken into custody and it can be renewed/extended or replaced with a temporary protection order

46
Q

What does a person at risk mean? What does a protected child mean?

A

A person at risk means a person named in the order for his safety. The order is issued and includes a protected child.

Protected child means a child who resides ordinarily periodically with a person named in the order whose safety the order is issued

47
Q

S28 Police Safety Order.

A

A qualified constable may issue a police safety order against a person A, who is or has been in a family relationship with another person B, if the constable has RGTB That the order is necessary to help make B feel safe from family violence.

Must consider:
a) Whether in the circumstances the constable considered it is likely that:
i) A Has inflicted, or is inflicting, family violence against B:
ii) A Has inflicted or inflicting family violence against any other Person with whom A Has a family relationship:
b) Whether there is likelihood that A will inflict, or again inflict family violence against B
c) The welfare of any children residing ordinary or Periodically with B
d) The hardship that may be caused of the order is issued
e) Any other matter the constable considers relevant

48
Q

When deciding whether it is necessary to issue a PSO, What factors should you consider?

A

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 home the person posing risk has a family relationship
- Will inflict or 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.

You should also take a account of:
- Previous interactions with Police
- History of mental illness
- Presence or history of abuse of alcohol/drugs
- Propensity for violence
- Family harm history
- Parenting orders, protection orders and PSO previously in force.

49
Q

When deciding if hardship may be caused, consider such things as?

A
  • Who will have the family car?
  • Who is in charge of family finances and holds if possible/money?
  • The financial ability for the bound person to find alternative accommodation and transport
  • Whether any child has a disability or illness requiring more intensive care and support
50
Q

Police v Elliot

A

Police had not allowed reasonable amount of time for the respondent of the protection order to get his things and leave after the applicant revoked her consent for him to be there.

51
Q

Senior v Police

A

S was subject to a protection order not to engage in behaviour including intimidation or harassment, which amounts to psychological abuse of any person.put post on Facebook about ex partner.
Found to breach his protection order as abuse was deliberate.

52
Q

What does family harm include?

A

Physical, sexual, psychological abuse within a family relationship. The behaviour may be collusive, controlling and causes cumulative harm

53
Q

What are wide reaching societal consequences of family harm?

A

Crime, poor physical and mental health and poverty

54
Q

What do police aim to do when attending family harm?

A
  • Slow and eventually stop family harm cycle/cumulative harm across generations
  • Reduce serious harm such as the use of physical violence, sexual abuse and child abuse and neglect
  • reduce family harm related deaths
55
Q

What principles is an effective Police response to family harm based on?

A
  • Early intervention
  • Culturally appropriate
  • Safety
  • Collecting risk information
  • Accountability
  • Working collaboratively

A.C.E.S. W.C

CPK 2024 (20 decks)

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