4 CH1 - Family Violence Flashcards
Effective police response to family violence is based on four core princles?
SACW
- Safety (all parties)
- Accountability (offender)
- Collection of risk information
- Working collaboratively
Police are committed to what three things in its approach to family violence?
clue: P E N
- Prompt
- Effective
- Nationally consistent
If a person has been arrested under section 50 of the Domestic Violence Act and charge with an offence against section 49 they must not be released for for a period of how long?
24 hours immediately following the arrest
What is the presumption when a defendant has been arrested for a FV matter?
That the defendant is to be bailed
What is the paramount consideration when considering bail of an defendant from court?
The need to protect the victim.
Police Employees who perpetrate family violence will be subject to the processes of what?
The code of conduct
When family violence occurs involving police employees, what actions should occur simultaneously?
- Where offending (District)
- Normal response
- Staff welfare considerations
When do policies and procedures apply to Police Employees? (4) SPDP
- Comes to supervisors attention maybe FV (victim/offender) includes anecdotal
- Police attend, no offence, PS0 issued
- Police attend, FV offending is disclosed & employee is (victim/offender)
- Protection Order issued
What must the shift supervisor do if a police employee is arrested/charged for a family violence matter? (3)
Notify:
- District Employment Practice Manager &
- Professional Standards Manager (who will advise Dist Commander)
- EAP counselling and welfare offered
What must a police officer do if they are the respondent of a PO order?
(3)
- Report in writing to supervisor who must
- Inform HR manager &
- Professional conduct manager
Can constables subject to a PO carry firearms & appointments?
- No, this breaches the order.
- Also applies to (AO) Authorised Officers
- Police may in rare cases consider assisting in a sec22 DV Act application to vary the conditions of an order
- Final decision to support rests with general manager HR in consultation with National manager CIB upon a report from district
What is a police safety order?
Who issues the order?
- An immediate order
- Issued buy a qualified constable under s.124D domestic violence act.
Does a PSO order require the victims consent?
No it does not
Who is a qualified constable for the purposes of a PSO?
- Substantive Sergeant/formally appointed or above
- Note: An Acting Sergeant is not qualified
What three immediate effects of a police safety order?
SVC
Person to:
- Surrender any weapon/firearms license
- Vacate land/building occupied by person at risk
- cooling off period
What effect does a PSO have on a Parenting Order?
Parenting Order is suspended
What two circumstances must exist before a PSO can be considered?
- No arrest made for FV
- Necessary to ensure immediate safety
If person is arrested for FV then released for insufficient evidence, can a PSO order then be issued?
No, once an arrest has been made for FV, the window of opportunity to issue PSO is closed.
Other than intimate and family relationships, can a PSO be issued in other types of domestic relationships?
Yes, eg: share household/close personal relationship
When can a safety order not be issued? (3)
- Person under 17 years
- Arrest made for FV
- Breach of PO
What four factors to consider when deciding to issue a PSO?
clue: V W H O
- Violence occured/likely to occur
- welfare of children
- hardship cause by PSO
- other matters
When considering hardship caused by PSO what sort of things should be considered? (3F)
Family car
Family finances - Finance alternative
(Fale) accomodation
When does a PSO order start and how long can they exist for?
- Start immediately after they are served
- Cannot exceed 5 days
What are the four steps required steps issuing a PSO? (4) ECAD
- All enquiries (POL1310/ODARA)
- Consider PSO
- Seek authority to issue from qualified constable
- Document authorisation (sign POL1310/notebook)
What powers do you have with regards to the respondant, once you decide to issue a PSO to someone? (3)
DRAF
- Detain up to 2 hours
- Remove from premises to stn, car etc
- Power to arrest without warrant if refuses
- Fine not exceeding $500
What happens if unable to serve PSO during time of detention? (2)
- Must release the person
- You have 48 hours to issue & serve PSO
NOTE: 48 hour period begins when qualified const authorise PSO
What are your powers and process for someone you find breaching a PSO? (4) ACCR
- Arrest (reasonable force)
- To court within 24 hours
- Complaint to court to issue 124N order
- Release on summons after 24 hours
What is the process if a person breaches a PSO and absconds? (4)
A124WS
- Must advise CRL
- 1 month to locate person
- 24 hours to get to court once located or
- Apply for WTA 124O (to court asap)
- Complaint and seek 124N order
What must happen to a WTA that has been issued for a breach of PSO after one month?
- The matter must be brought back before the court to seek leave to withdraw
What are the powers of the court when a breach of PSO order complaint has been made?
- Direct another PSO order is made (not exceed 5 days)
- Adjourn prodeedings to consider temporary PO
If a court directs a PSO to be issued, who are the ‘role holders’ that issue the order? (3)
- Court Orderly
- A Constable
- The Prosecutor
What can the CRL be requested to do in regards to notifying a person at risk that a PSO order has been isdued by the court? (3) 34U
- 3 telephone calls in one hour
- Send local unit to do 4Q
- Update NIA of action taken
Who must authorise police bail for offending against the DV act
- Sgt or above
What are the standard conditions of a protection order? (5) ADTEN
Bound person must not :-
- Physically / Sexually abuse person at risk
- Damage or threaten to damage any property of person at risk
- Threats, intimidation, harassment which amounts to psychologocal abuse
- Encourage another person to do any of the above
- No contact by telephone, electronic message, correspondence or otherwise other than reasonably necessary in an emergency
What are the Procedures when a PSO is served?
XRSVDRPF (8)
- Fully explain to both parties
- Record the PSO in NIA
- Immediately surrender all firearms licence
- vacate land/building
- details for the bound person to enable prevention.
- Refer to appropriate agencies (refuge)
- Before the end of shift complete POL1310 etc
- Notify FV coordinator
Protection Orders
What must the respondent surrender to police and when?
- Weapons in their possession /control (Lawfully in their control or not)
- Firearms Licence
- on demand at any time by a constable
What is the procedure for serving the Protection order? (10)
CWFDSSNDER
- Check Protection Order standards have been met
- Determine who should serve the order
- If firearms licence,risk to server - police to serve
- Demand surrender firearms/licence at service
- Store firearms -Police
- Serve without delay
- Notify victim when served
- Document victim contact in NIA
- Electronically forward notice of service to court
- Maintain National recording standards
Protection Order
Served on police employee, what must you do?
- Copy of order (Or variation of order) sent to employee’s district commander or
- National Manager or
- Deputy Chief Executive People PNHQ if the person is Supt level or above
What ways are employees involved in family violence encourage to get support? CSE
- Ringing a confidential number (0800 327 669) to contact the Employee Assistance Programme (EAP), or
- Discussing their concerns with their supervisor and/or welfare officer.
- Such disclosure remains confidential unless the conduct disclosed is of such a nature that it should be investigated and/or prosecuted.
Wherever possible, Police should support and educate employees to assist them in dealing with issues to prevent and/or reduce the likelihood of family violence escalating and offending occurring.
Employees who suspect or are aware of another employee being either an aggressor or victim of family violence are encouraged to report this confidentially by:
- Ringing the Crime Stoppers number, or
- Reporting it to their own supervisor or welfare officer so that a discrete and confidential approach can be made to that person and support provided.
What must you do if you attend Employees engaged in family violence occurrences - no offence?
SRWO
- Appropriate support/advice
- report confidentially to their supervisor who will contact welfare
- Welfare will arrange appropriate police contact ASAP and
- Oversight of referral to appropriate support groups
An employee who is an applicant** or **protected person under a protection order is encouraged to:
- Report this confidentially to a Police welfare officer and/ or
- their supervisor so that appropriate support and advice can be provided through EAP.
New
What are the restriction on police/Ao staff who have been issued a protection order in relation to firearms?
- employees with constabulary powers cannot carry their appointments (batons / spray/ taser) or be issued with a firearm, without being in breach of the order.
- These restrictions also apply to authorised officers or Police employees involved in training, Police weaponry or exhibit handling of firearms and weapons. Police must avoid being complicit in any such breach and must be extremely careful not to increase risk to any person protected by the order by allowing such a breach to occur.
In addition to immedaiate effects of PSO, what other standard condition also apply? A person must not (same as a PO)
- physically or sexually abuse the person at risk
- threaten to physically or sexually abuse the person at risk
- damage, or threaten to damage, property of the person at risk
- engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of the person at risk
- encourage any person to engage in behaviour against a person at risk, where the behaviour, if engaged in by the bound person, would be prohibited by the order.
What weapons must the respondant not possess or have in their control?
- Firearm, airgun, pistol, restricted weapon, ammunition or explosive
- Hold a firearms licence
New
Suspension/revocation of firearms licence;
what happens for each;
Temporary Protection order?
PSO?
- TPO = Deemed suspended until order is made final, then licence becomes revoked
- PSO = Suspended for the duration of the PSO
When can police approve the issue of a firearms licence to a person who is the respondant of a protection order
- Never
