Chapter 2 - Family Violence Flashcards
Principals that guide police practice
Safety (victims children)
Collection of risk information (IPVF, CRF)
Accountability (holding offenders to account)
Working collaboratively (inter agency internal groups youth aid etc)
Attending situations where firearms may be present
Check NIA to see if subject has firearms licence
Check for PSO or protection order
Consider whether their are safety concerns to issue PSO or if arrest made apply for protection order
If power to seize executed report to commissioner within 3 days
Following seizure of firearms complete enquires to determine whether person is fit to hold firearms
When must you collect risk information
Must collect risk information in all family violence occurrences involving
Intimate relationship (IPV)
Where children are present (CRF)
Risk forms collect information relating to factors
Which give an indication of the potential harm or lethality for children living where family violence is occurring
Relevant in IPV situations and which are also indicators of potential harm
Correct response for serious/critical children’s situations
Critical - child is at immediate risk of serious harm and the need for immediate protection may be nessecary
Serious child abuse - serious physical,sexual,wilful neglect,serious family violence incident, allegation of child abuse involving CYF caregiver or member of police.
Take enforcement action as appropriate
If nessecary remove or detain child section 42
If child is not removed contact CPT
Forward file to CPT
CPT will complete a tasking to the area FVC to review incident
Priority factor present on CRF - PSO or PO in place, Evidence of neglect present.
Take enforcement action as appropriate
ROC to CYF NCC with supervisor/FVC permission
Complete file
File evaluated by area FVC
When a protection order has been breached and an assault has occurred you must
Charge the offender with the assault and breach
Not release the offender on bail for 24hrs unless there is an earlier court hearing
What are the primary considerations when granting a family violence offender police bail.
Safety of the victim
Linking the victim to appropriate support and services
Possible need for defendant to have a cooling off period
Restrictions on police bail if a protection order is breached
they must not be granted bail during the 24 hrs following arrest
Still must be brought before court at earliest opportunity
Risks to consider when initiating a safety plan
Suspects whereabouts and behaviours
Severity of this incident and previous occurrences
Likelihood of further interference
Concerns about children and others
When must a safety plan be completed
For all high risk repeat victims
Other cases as nessecary given the context and surrounding circumstances
What are police safety orders
Immediate orders issued by a qualified constable under section 124b domestic violence act
Safety orders provide an additional tool for police when attending incidents where an investigation fails to establish full evidence of an offence
Police safety orders require a person to
Surrender any weapon or firearms licence in their control
Vacate any premises or land regardless of whether the person has a legal or equitable interest in it
Also they are not allowed to
Physically or sexually abuse person at risk
Threaten to physically or sexually abuse person at risk
Damage or threaten to damage property of person at risk
Engage in behaviour amounting to psychological abuse
Encourage any person to engage in behaviour amounting to psychological abuse
When can a safety order be issued
When a constable does not arrest the bound person for an offence against the person at risk
Has reasonable grounds to believe that issuing of the order is nessecary to ensure the immediate safety of the person at risk
When can’t a police safety order be issued
If the person is under 17
If the person has been arrested
If the person is the subject of a protection order
Police powers pending authorisation and issue of the order
Can detain for 2 hours
Can take that person to a police station
If they refuse
Can arrest without warrant
If you can’t get the authority within two hours must release them and you have 48 hours to serve the order
Section 2 domestic violence act
Interpretation
Child - a person under the age of 17 (does not include a person who is married)
Child of the applicants family - a child who ordinarily or periodically resides with the applicant
Dwelling house - any house or flat any mobile home intended for occupation
Family member - any other person related to a person through blood marriage de facto relationship
Any person who is a member of persons whanau or culturally recognised family group
Partner - the persons civil union partner
The persons de facto partner
In any case where the two persons are the biological parents of the same person
Property - the person owns
Does not own but uses or enjoys
In the persons care
If they rent ( in the persons care and custody)
Protected person
The person for whom the protection order is made
Any child of the persons family
