Chpt 1 - Family Violence Flashcards
Police response to FV based on four core principles
Safety:
Victim, children, police
Collection of risk information:
CRF & IPVF
Accountability:
holding offenders to account, prompt response, correct charge, support
Working collaboratively:
Coordinate responses through FV & relevant internal workgroups FST, CPT, ASAT, YA, YE, CIB, Iwi, frontline
Be a part of coordinated inter agency FVIARS response to enhance risk assessment information sharing and meet multiple needs of families
Apply active case management principles & processes
Agencies & service providers - use statutory powers & contracted authority to support/manage victims & offenders to minimise risk of further FV
Engage with victims & offenders to plan & implement actions to change lives
Characteristics of FV
Intimate partner violence
Male offender, female, child victim
Children present
Don’t underestimate impact of psychological abuse
Investigation and crime scene examination at FV incident
Firearms maybe present
PSO or PO
Enough safety concerns to issue PSO, arrest, PO - seize under sect 18 S&S all firearms & ammo
If exercise power to seize - report to COP 3 days
Consider factors of fit & proper to have firearms licence
Corroboration
Medical exam, photos, scene exam, diagrams, clothing, witness stmts, 111 call, old FVIR ratings, previous FV reports, emails, texts, phone records, admissions or corroborating/damaging stmts by suspect
Interview early
Tend to recant or minimise violence Evidence Act 2006 and Sect 82 criminal procedure act 2011 Can get evidence sworn in for later use Record interview stmt format
Collecting risk information
Police must collect risk information in all FV occurrences attended:
Involving IPV and or children present
Risk information is not collected in other FV cases
CRF child risk factor form (of those children residing at address)
IPVF intimate partner vulnerability factor form
Provide factors which give indication of potential harm or future harm
Complete forms at scene
Child risk information
CRF is used to indicate potential risk or lethality risk for children in a FV context
One form for all children present (includes unborn)
Not required to collect info for children visiting at time of occurrence
Supplementary required if more than one family group sharing address
Child protection protocol applies to 17 year olds
CPP applies:
Critical - child is at immediate risk of serious harm
Take enforcement action as appropriate
If necessary remove or detain child sect 42
Contact local CPT if child not removed
Mon-Fri complete CPP send to CPT - ROC to CYF
Outside normal hours ring NCC
Complete case file & notes forward to CPT
CPT will complete tasking to area FVC
Serious child abuse - serious physical, sexual, wilful neglect, FV where child present or witness follow above
CPP does not apply:
Family violence occurrence - take enforcement action consider sect 59 crimes act
Make ROC to CYF NCC asap with supervisor FVC consent by email
Applies to 17 year olds
Complete file
Other risk indicated case - no priority factors indicated but circumstance indicate potential risk
Discuss with area FVC if approved ROC to NCC if not approved FVC will make ROC to local CYF
Children present - no priority factors are indicated and no other circumstances indicate risk
FVC to make ROC to local CYF
Complete case file & notes
ROC & pol 1310 evaluated & prioritised by area FVC for the FVIARS process
Deciding whether to arrest
Sufficient evidence
Test for prosecution
Only in exceptional circumstances would you not arrest in FV occurrences
PO stays in force until discharged by family court
Insufficient evidence
PSO - 124B DVA 1995
If no arrest & no PSO ensure all safe before leaving access to support services
Don’t give warnings
Charging offenders
Choose right charge Don't minimise violence AIM charges at making offender accountable Consider continuing risk 3 strike serious offences
Assaults & breaches of PO
Charge offender with assault & breach
Not release on bail for 24hrs provided no court before period lapsed.
Bail
Police bail for FV offences
Primary consideration is safety of victim
Linking victim to appropriate support services
Defendants need cooling off period
Person charged with section 49 offence must not be granted bail during 24 hrs immediately following arrest
Must have authority of supervisor of or above position of sergeant
Opposing court bail
Must fit criteria detailed in section 8 of bail act 2000 risk to victim
Safety plans in place
Safety, support and intervention
Safety plans must be completed for all high risk repeat victims and cover staying in or leaving relationship, cover few days, weeks or months after initial police attendance
Risks to consider:
Suspects whereabouts
Severity of incident and precious occurrences
Likelihood of further interference
Concerns about children & others
Use safe houses, alarms, call out processes
Initiating safety plan at scene
Complete pol 1310
Contact Comms for further info on suspects background
Assess victims vulnerability- person safety measures
Record set of actions for victim & others - agreed, in writing & signed
Contact women’s refuge
If applicable issues PSO
Back at station
Enter alert in nia- safety plan exists
If suspected absconded - wanted alert in nia
Keep original of safety plan in w/house along with other court issued PSO
Send pol 1310 to women’s refuge contact CYF if children forward pol 1310 to FVC & victim
Review plans if circumstances change
Provide appropriate services in timely manner give victim information form pol 1316
Local agreements with support services
FVIARS follow up support
Privacy of victims information on referral
Police safety orders
PSO
Immediate orders issued by qualified constable under section 124B DVA 1995
Qualified constable sgt or above or acting if appointed under sect 63 PA
Immediate effect:
Require person to - surrender any weapon/firearms licence
Vacate land or building occupied by at risk person regardless of legal or equitable interest
Provided a cooling down period
PO conditions also exist with PSO
Exemption - contact with the at risk person by phone electronic message/correspondence is restricted to emergencies
A PSO supersedes parenting order
When can order be issued:
No arrest but have RGTB that issuing necessary to ensure immediate safety of person at risk
Factors to consider:
Risk information collected in CRF & IPVF
DV used, welfare children, hardship, previous interactions, mental illness, history alcohol drug abuse, propensity for violence, FV history, parenting, PO, PSO previously in force
You cannot subsequently issue a PSO after arrest made (arrested but not charged)
PSO can’t be used on persons under 17 years
Consider hardship when issuing PSO - family car, finances, alternative accommodation
Procedure when orders served: Follow PSO procedure remove firearms Explain orders to both parties Record PSO in nia via CRL Contact support agencies Before end of shift complete pol 1310 ensure copies of PSO are on file & submitted with pol 1310 to FVC
PSO’s commence immediately after they are served up to but not exceeding 5 days
Starting point should be 24hrs
You may detain person for 2hrs to obtain authority & issue & serve order - starts at time constable decides PSO necessary, can take person to station or vehicle - failure to remain may arrest $500 fine
At expiry of 2 hrs must release then have 48hrs to issue
Breaches of PSO (not an offence)
You have 1 month from time breach to locate blind person & bring them into custody
Apply for WTA after 1 month if person not arrested
Court may issue further order up to 5 days if breach occurs or adjourn matter so DCJ can consider temp PO. If court issues firth order it will be served by:
Court orderly
Constable in the vacinity
The prosecutor
If above occurs victim must be notified if not at court by CRL - make 3 attempts via phone within 1 hr
Send local unit to do 4Q
Update nia with action taken
Protection orders
Police must serve PO if respondent hold firearms licence or may have firearms or service is assessed as being significant risk to serve
Condition of every PO that respondent must not:
Possess/have control of any weapon
Hold a firearms licence
Respondent must surrender any weapon & licence:
ASAP within 24hrs of service & at anytime on demand by police employee
Where temp PO in place licence suspended until order final then revoked.
Victim informed once served
PO covers applicant and any child - child 17yrs older is covered by order until leaves home. If not at home can apply to be added to order.
Parents can’t take out PO against child
PO issued by family court & can only be discharged by court
Standard conditions:
Non-violence conditions
Psychological abuse
Non contact conditions
Special conditions relating to contact
Court must direct respondent to attend programme
Standard conditions apply to associated respondents
PO includes non-molestation & non-violence orders
Domestic violence act 1995
Section 2
Interpretation
Child - under 17yrs (doesn’t include if previously married)
Child of applicants family - lives with applicant
Section 4- Domestic relationship - spouse/partner, family member, shares household (not included landlord/tenant, employer/employee, employee/employee), close personal relationship
Section 3 - Domestic violence - violence against that person by any other person whom that person has/is in a domestic relationship (physical, sexual, psychological, intimidation, harassment, damage to property, threats of above, financial/economic abuse Dwelling house Family member Partner Property Protected persons Protection order
Section 7
Application for PO
A person who is or has been in a domestic relationship with another person may apply to family court for a PO
Section 14
Power to make PO
Family Court make PO if satisfied
Respondent using or has used DV against applicant or child or both
Making of order necessary for the protection of applicant, child or both
Section 16
Protection of persons other than applicant
Family Court makes PO applies to child of applicant
Order continues until child ceases to be child or order lapses/discharged
If child 17yrs order continues until leaves home or order lapses/discharged
Section 17
Protection from respondents associates
Court can direct order to apply to respondent associates or respondent is encouraging to engage in behaviour not complying with order
Section 19
Standard conditions of PO
Respondent must not:
Physically or sexually abuse pp
Threaten to physically or sexually abuse
Damage, threaten to damage property of pp or engage, threaten to engage in other behaviour intimidation, harassment which amounts to psychological abuse
Encourage any person to engage in not complying with order
PP & respondent living together & with consent of pp respondent must not:
Watch, loiter, prevent hinder access to from pp residence, business, employment, educational institution
Can’t follow accost pp, or enter remain on any land building occupied by pp make contact unless emergency
Section 20
Further provisions relating to standard condition prohibiting contact
Non contact provision
Living/sharing dwelling
Can withdraw consent
Section 21
Standard condition relating to firearms
No firearms licence
Surrender within 24hrs or on demand
If temp PO issued licence suspended, final order licence revoked
Section 49
Offence to breach PO
Commits offence if breaches PO by:
Doing any act in contravention of PO or failing to comply with any conditions of PO
Defendant to prove had reasonable excuse for breaching
If convicted of offence term not exceeding 3yrs
To avoid doubt failure to comply with direction made user section 51D is not a breach of PO u der subsection (1)(b)
Section 50
Power to arrest for breach of PO
PO in force constable may arrest without warrant GCTS
Contravened PO
Failed to comply with any condition of the PO
Police Safety Orders
Section 124A
Interpretation
Constable - section 4 PA 2008
PSO - on the spot order issued by qualified constable under section 124B in prescribed form
Qualified constable - of or above sgt
Section 124B
Qualified constable may issue PSO
Qualified constable may issue PSO against person who is or has been in a domestic relationship with another person if constable:
Does not arrest
Has RGTB necessary to issue to ensure safety
Consider
Person has is using DV against person
Person has is using DV against any other person that has domestic relationship with
Likelihood of further DV
Welfare of children
Hardship caused
Any other relevant matters
A constable who is not qualified may issue if authorised by authorised qualified constable
Section 124C
Consent to issue of PSO not required
Order can be issued without consent of person whose safety he order is proposed to be issued
Section 124D
Police safety order not to be issued against child
Can’t issued against child
Section 124E
Effect of police safety order
Surrender firearms / licence Vacate land/building occupied by person at risk Must not : Physically, sexually, threaten Damage threaten to damage property Engage threaten to engage in behaviour Watch, loiter, follow, stop, accost, trespass, Make contact unless emergency
Person at risk - person named in order for whose safety the order is issued and child residing with that person
Section 124F
Suspension of firearms licence on issue of police safety order
For period order in force must surrender firearms licence
Section 124H
Prompt service of police safety order required
Served asap if not served within 48hrs order lapses
Section 124I
Detention by constable
Can detain for period or exceeding 2 hrs to get authority, issue & serve PSO
If refuses/fails to remain at place commits offence maybe arrested
$500
Detain - includes move to person to police station
Section 124 J
Police safety order to be explained
Must explain purpose, duration and effect of order
Consequences if order contravened
Must explain to person whose safety is issued
Section 124K
Duration of police safety order
Comes into force immediately
Continues to be in force for a period not exceeding 5 days
In considering duration consideration tonmagyers in 124B(2)
Section 124L
Contravention of PSO
Fails or refuses to comply with the order or any condition of the order
Can take into custody using force if necessary exciting warrant to arrest
Section 124M
Issue of summons where person cannot be brought before DC within 24hrs
Must be released
Be served summons
Must be in prescribed form
Can arrest & bring before court
Section 90
Police to consider exercise of powers under arms act 1983
Copy of order made available to OC station in accordance with sect 88(2) except where
Order discharges a PO
Order discharges an order part 3
Order varies
OC decides whether respondent or associates can hold firearms licence
If PO in place revoked consider sect 27 arms act revocation of licence
Sect 60A considered seize firearms
Section 124G
Suspension of parenting orders
PSO
Order issued
Child residing with pp
Parenting order agreement in force with respondent and pp
Parenting order suspended
