Chapter 1: Family Harm Flashcards
FV is a high priority for Police, therefore Police are committed to PROMPT, EFFECTIVE and NATIONALLY CONSISTENT in collaboration with who?
- other agencies/iwi
- community partners
What are the six core principles for an effective Police response to FV?
- Early intervention
- culturally appropriate
- Safety
- Collection of risk information
- Accountability
- Working collaboratively
When deciding to grant Police Bail in FV cases the primary consideration is what?
the safety of the victim and their family members
What bail condition may be imposed in FV cases?
any condition necessary to protect the victim and their family members.
Restrictions on Police Bail if a protection order is breached, if a person is K9 under S50 of FVA and charged with an offence against S49 of that Act they MUST NOT be granted Police bail during when?
The 24 hours immediately following the K9
Police Employee who commit FV will be subject of what process?
Code of conduct
The added complexity for employees involved in FV due to the fact they work for the Police, what 2 actions should occur for the employee?
- Normal police response applies.
- Welfare considerations for both parties.
When do Policies and Procedure in this Section apply where Police employee involved (how do they come about)?
- Comes to Supervisors attention employee may be involved.
- Police attend FV occurrence, no offending, PSO or warning issues.
- Police attend FV occurrence offence disclosed employee victim or offender.
- Police became aware of temporary or final PO either Protected person or respondent.
District Commanders and National Managers are responsible.
FV Employee who are respondents of a PO must immediately do what?
Report the fact in writing to their Supervisor who will inform HR Manager and Professional Conduct
Manager.
Can employees issued with a PO vary their PO conditions?
Yes in rare cases, consider assisting an employee in this case.
Can employees issued with PO carry or be issues with appoints or firearms?
No they will be in breach of PO
What are PSO’s in relation to FV?
An additional tool for Police when attending FV where an investigation FAILS to establish full evidence of an offence.
Who can issues a PSO and when?
A qualified constable (substantive sergeant) and are immediate orders which do not have to be issued by the courts nor do they required a victims consent.
What are the immediate effects for the person issues with a PSO?
Person required to:
- SURRENDER any weapons or firearms licence to a constable
- VACATE land or building occupied by person/s at risk
- COOLING OFF(to allow person at risk to seek support, including apply for temporary protection order)
What are the longer effects for a person issues with a PSO
In addition to immediate effects same standards apply to a PO where bound person must not:
- engage in behaviour that amounts to any type of family violence
- make any contact with person at risk that is not authorised
- encourage any person to engage with the person or make contact with where the behaviour or contact would be prohibited.
What is considered authorised contact in terms of PSO?
- reasonably necessary in an emergency
- permitted under any special condition of any protection order
- necessary to attend FGC
- necessary to attend a proceeding in Court
What effects does a PSO have on a Parenting Order?
Suspend the order
What 4 risk factors should you consider when considering to issues a PSO?
- whether it is likely that the person posing risk has inflicted, is inflicting or will inflict family violence on the person at risk
- welfare of children
- the hardship that may be caused
- any other matter considered relevant
What 6 other consideration should you take into account when issuing a PSO?
- previous interactions with police
- history of mental illness
- presence/history of alcohol/drugs
- propensity for violence
- family harm history
- parenting orders, protection orders and PSO previously in force
- multi-agency plans in place
- whether person posing risk is currently involved with services
What are the commencement and duration of the PSO’s?
commence immediately after they have been served and continue in force for the period specified - period can not exceed 10 days.
What three steps do you follow for obtaining authorisation for a PSO?
- Complete enquiries to identify offences
- Seek authority to issue an order from a quliaified constable
- document discussion about authorisation to issue at the time
What are the Police powers when waiting for authorisation to issuing a PSO?
- detain up to 2 hours (after deemed necessary and authorisation obtained)
- remove from premises to station, car etc
- Power to arrest if refuses to remain
If you are unable to issues the PSO during the 2 hour detention period what must you do?
You have 48 hours to serve the PSO
What action should you take for a person who has been K9 for breach of PSO?
- bring them beofre the court within 24 hours
- make a complaint to the court requesting that it makes an order
- if they can not be bought before the court within 24 hours they must be summonsed
If the prosecutor can not advise the person at risk of the courts outcome, request CRL to contact the person how?
- making 3 attempts to call within an hour
- send local unit and complete 4Q
- update the NIA record to reflect these actions
What conditions relating to weapons when respondent of a PO?
- must not possess or have any weapon (firearm, airgun etc) under their control
- must not hold a firearms license
When must Police serve a PO?
- the respondent holds a firearms license
- the respondent is believed to be in possession of or have access to firearms
- service is assessed as being a significant risk
- protection order is granted without notice
What is the paramount importance when seizing firearms or firearms licences?
Staff safety
To ensure safety of victim and Police, service of PO must be when?
within 24 hours
When serving a PO what must you do when the respondent is a Police Employee?
Send a copy of the PO to District Commander or National Manager
What age can a person be issued with a PSO?
to children aged 16 or 17 years as part of a frontline safety plan if the order is justified in special circumstances
What does the Duluth power and control wheel highlight?
The tactics of abuse most universally experienced by battered women include intimation, isolation, emotional and economic abuse, and using children to manipulate.
As per the Duluth model, what is an example of this intimidation?
Abusers using overt threats and actual harm to animals as a tool to control their family (36.5% of partner violence victims report pet injured or killed)
What are some impacts on children exposed to FH?
Difficulty learning Becoming offender or victim Increased chance of mental illness Suicide Increased chance of alcohol and drug abuse, Difficulty forming attachment.
Who’s permission must be obtained prior to granting Police bail for a family violence offender?
Supervisor Sgt and above
What should a prosecutor consider in opposing court bail in family violence cases?
The need to ensure:
- Victim and families safety
- Any safety plans in place
What should be considered when the perpetrator of a family harm incident is on EM bail to an address, and as a result of a family incident, is served a PSO?
Consider opposing EM bail to that address.
What do Police need to balance when dealing with a Police employee involved in a FH episode?
The Police must balance:
- Its responsibility as an employer to support employees and their families, and
- act consistently and appropriately, with the public interest and the reputation of Police in mind.
What should Police consider regarding an officer involved in FH incident?
- Impact of criminal offending and ability to remain Police employee
- Compatibility of employee to continue in Policing role if convicted of FV or respondent in PO
What must occur when employee is charged or convicted of FV offending? (3)
- Shift supervisor must report this to District Employee Practice manager and Police Professional Conduct Manage, who advise relevant District Commander or National Manager
- Welfare contact and counselling through EAP must be offered to victim and, if appropriate to offender.
- The employee practice manager in consultation with the National Manager: Police Professional Conduct must determine the employees suitability to continue working in current role and if any variations are appropriate
What should occur with a applicant or protected person who is an employee?
Employee should be encouraged to report confidentially to Welfare and/or supervisor so appropriate advice can come from EAP
What should occur before supporting application to vary standard condition regarding weapons in PO. ie to handle firearms exhibits etc? (3)
Make enquiries to consider:
- nature, duration, type of FH disclosed
- employees role
- views of person protected
Who makes final decision on Police support of varying Police Employee standard condition?
Deputy Chief Executive: People in consultation with Nation Manager: Criminal Investigations Group on receipt of report from district
What is a police safety order?
An immediate order issued by a qualified constable(or a constable authorised by a qualified constable) under s.28 Family Violence Act.
When can a PSO be issued?
A PSO can be issued against a person who is in a family relationship with another person and there is reasonable grounds to believe that the PSO is necessary to make that other person safe from FV.
What constitutes a Family Relationship?
Intimate partner
Family member
Usually shares household
A close personal relationship
When considering hardship caused by PSO what should be considered? (4)
- Who will have Family car
- Who is in charge of Family finances
- The financial ability of the bound person to find alternative accommodation
- Whether any child has illness/disability requiring intensive care
How do you determine the duration of an order? What is a good starting point?
First consider impact of the PSO (ie hardship, welfare of children, likelihood of inflicting violence etc)
Starting point of 24hrs then consider:
- weekends, public holidays
- ability of person at risk to attend court if considering protection order
- how long it will take to access appropriate support
When would a PSO issued for over 5 days be relevant? (3)
- where there is likelihood of serious harm occurring
- where protection/property orders being sought
- victim relocation being sought
Procedures once PSO served (7)
- Explain to bound person nature, duration and effect.
- Risk needs assessment
- Capture PSO on ONDUTY (or CRL if PSO not available)
- Upon serving ensure bound person: a. surrenders all firearms, weapons and firearms licence b. vacates land or building occupied by person at risk (irrelevant if bound person has financial interest)
- Take contact details of bound person so can discuss prevention options later
- Contact appropriate agency for support of person at risk
- Before end of shift complete family harm investigation into ONDUTY
What must be done regarding firearms and weapons when PSO served? (4)
- demand surrender of FA
- Demand surrender of FA licence (consider revoking licence per S27 AA)
- If suspect has FA’s then consider S18 S& S search
- Police must provide suitable storage for all weapons for period of FA licence suspension
What is the process open to you if a person breaches a PSO and absconds? (5)
- Must capture breach on ONDUTY or advise CRL
- 1 month to locate person (from time breach occurred)
- 24 hours to get to court once located
- File a complaint and order sought per s45
- You may also apply for WTA to provide a power of entry
What must happen to a WTA that has been issued for a breach of PSO after one month?
Must be brought before court and withdrawn.
What can court do if finds person has breached PSO? (4)
- Continue with existing order
- if PSO hasn’t expired, direct that another PSO be issued for period not exceeding 10 days
- if PSO expired, direct another is issued
- Adjourn so DC Judge can consider if temporary PO should be issued
If new PSO is directed by Court, what arrangements will the Prosecutor make? (3)
What must be remembered?
Arrange for the PSO to be issued by a role-hole, determined by the following order:
- issued by officer of the court
- issued by constable in vicinity of court
- issued by prosecutor (if a constable)
Remember 2 hour holding period to issue the PSO
What are the special circumstances and considerations for issuing PSO on child 16 & 17 years old? (3)
- Reasonable Grounds necessary to make family member, or someone in close family relationship safe from family violence. AND
- Must have HIGH ‘total level of concern’ in ONDUTY
- Approved by Senior Sgt or above. AND Snr Sgt has consulted with OT regarding placement
How should we treat 16 & 17yr olds differently when considering a PSO?
What duration should be considered?
Take holistic approach consider developmental potential, health needs, whakapapa, language, cultural identity and values
The least restrictive time possible to enable that cool off period
