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Domestic Violence > Domestic Violence #1 > Flashcards

Domestic Violence #1 Flashcards

1
Q

Define Domestic Violence?

A

Domestic Relationship + Personal Violence Offence

DVO = DR + PVO

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2
Q

Why do victims of domestic and family violence find it difficult to seek out assistance / speak out?

A

Fear
Shame / embarrassment
Bond to their partner
Religious / cultural belief
Lack of knowledge / options
Lack of resources
Social isolation

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3
Q

List examples of a domestic relationship?

MISS DORA

A

Examples of a domestic relationship

(MISS DORA)

M - MARRIED - or has been

I - INTIMATE RELATIONSHIP -
whether sexual or not

S - SAME HOUSEHOLD - living or has lived

S - SAME RESIDENTIAL FACILITY - is
living or has lived

D - DE FACTO

O - ONGOING DEPENDENCE

R - RELATIVE

A - ABORIGINAL OR TORRES STRAIT ISLANDER, EXTENDED FAMILY OR NEXT OF KIN

Note: A woman’s ex-partner and current partner would have a domestic relationship with each other for the purposes of this Act even if they had never met.

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4
Q

Explain the different types of abuse (dynamics) of DV

VIP SPECS

A

Types / Dynamics of DV

(VIP SPECS)

V - Verbal insults
I - Intimidation
P - Psychological / emotional abuse

S - Sexual abuse
P - Physical abuse
E - Economic deprivation
C - Coercive control
S - Social isolation

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5
Q

Personal Violence Offence + Domestic Relationship =

A

Domestic Violence Offence

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6
Q

What are the six stages of the cycle of violence?

BSE RPH

A

The ‘Cycle of Violence’ theory suggests that violence generally rotates between relative calm and an explosion of abuse.

Six stages of the cycle of violence

(BSE RPH)

B - Build up - increasing tension, harassment and arguments

S - Stand over - Increases level of control and threats creates and instils fear in victim and children

E - Explosion - Uses extreme abuse, aggression and violence, damaging property (used as an extremely controlling behaviour)

R - Remorse - Attempts to justify and minimise actions, blames victim, demonstrates guilt and may include threats of self-harm

P - Pursuit - Promises that it will not happen again, becomes the ‘victim’, blames other factors or substance abuse (alcohol)

H - Honeymoon - Returns to the courting phase increased caring, attentive and romantic phase (previous manipulative practices)

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7
Q

List examples of personal violence offences?

I BAD GASO

A

Personal violence offences

(I BAD GASO)

I - Intimate images
B - Breach of AVO
A - All manner of assaults
D - Damage to property
G - Guns
A - Attempts at these things
S - Stalking and intimidation
O - Other offence (e.g Indictable & SIO)

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8
Q

Explain what a DVSAT is?

A

Domestic violence safety tool used to categorise the severity of a DV incident

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9
Q

Explain the DVSAT (Domestic Violence Safety Assessment Tool)

A
  • Identifies the threat level of
    FUTURE HARM to DV victims
  • Two types of classifications for DV
    offence: Intimate & Non-intimate
  • Applies to both male and female
    victims aged 16 years and over
  • Part A : Intimate relationships - 25
    risk identification questions
  • Part B: All DV incidents (intimate
    and non intimate)
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10
Q

DVSAT - What amounts to a ‘serious threat’ level?

A
  • 12 or more ‘yes’ answers in Part A
  • Police used professional
    judgement to determine the
    victim is at threat
  • Meeting the NSWPF standard for
    repeat victimisation
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11
Q

What are the advantages of DVEC?

A

Advantages of DVEC

  • Reduce trauma
  • Reduced difficulty in
    remembering details
  • Accurate account
  • Demeanour and experience of
    the complainant
  • Reduce or eliminate intimidation
  • Increased rate of early pleas of
    guilty
  • Time savings for victims
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12
Q

What is Section 9 of LEPRA?

A

LEPRA, Section 9

Power to enter in emergencies

May enter if the police officer reasonably suspects

a) To prevent or end a breach of the peace

b) Prevent or help someone with significant injury or in imminent danger of significant injury.

c) Body of someone who has died otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.

1a) Before entering re dead body, get approval from inspector

2) Stay only as long as reasonably necessary

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13
Q

What is Section 10 of LEPRA?

A

LEPRA, Section 10

  • Power to enter to arrest or detain someone or execute warrant.
  • A police officer may enter to arrest or detain or execute a warrant.
  • A police officer may enter a dwelling to arrest or detain a person ONLY if the officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling
  • Can search for person and stay for a reasonable time
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14
Q

What is Section 13A of LEPRA?

A

Identity of suspected AVO defendant may be required to be disclosed

“13A AVO IN PLAY”

*A police officer may require a person whose identity is unknown to disclose their identity if the suspect on reasonable grounds that an AVO has been made against the person

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15
Q

What is Section 13B of LEPRA?

A

Failure of person to disclose identity on requirement

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16
Q

What is Section 13C of LEPRA?

A

False or misleading information about identity

17
Q

What is Section 68 of LEPRA?

A

Announcement before entry

“68 G’DAY MATE”

(MASA)

M - Make presence known
A - Announce their office
S - State the reason for entry
A - Allow adequate time to comply

18
Q

What is Section 82 of LEPRA?

A

LEPRA, Section 82 - Entry by invitation

“Come on through”

a) investigate if a DV has occurred

b) Take action to prevent further DV offence

May stay and exercise powers under section 82 subsection 3A

a) direct person to leave or not enter

b) remove a person for failure to comply

c) prevent a person from entering

d) Prevent person removing evidence

19
Q

What is Section 83 of LEPRA?

A

LEPRA, Section 83 - Warrant where entry denied or authority to remain refused

“83 LEAVE ME”

If police have been denied entry, they can apply for a warrant
In order to apply for a warrant, police must show that

  1. They have been denied entry
  2. A DV offence has recently been, is being committed, is imminent, or is likely to be committed
  3. It is necessary for the police to enter immediately to investigate and take action to prevent the further commission of offences.

If police have been invited in but then asked to leave / invitation revoked - police must now apply for a warrant

Police cannot investigate the matter while waiting for the warrant but can stay on the premises to keep the peace and preserve evidence.

20
Q

What is Section 85 of LEPRA

A

LEPRA Section 85 - Powers exercised by police officer on entry to premises.

“85 DO THE FIVE”

(IFRAP)

I - Investigate a DV offence
F - Firearms - inquire, search and
seize (Must be done)
R - Render first aid
A - Arrest a person
P - Prevent a DV offence

21
Q

What is Section 86 of LEPRA?

A

LEPRA Section 86 - Police may enter and search for firearms

“86 PICK UP STICKS”

Police are informed that no firearms exist in dwelling, but reasonably suspect otherwise.

Police must apply for a search warrant to search, seize and detain firearms.

22
Q

What is Section 87 of LEPRA?

A

LEPRA, Section 87 - DV search and seizure powers

“87 All things that send me to heaven”

Search, seize and detain

Dangerous article
Dangerous implement

23
Q

LEPRA (2002) pt 7 - s88

A

Crime scene powers may be exercised if police officer lawfully on premises

(a) establish a crime scene,

(b) exercise crime scene powers in accordance with this Part, and

(c) stay on the premises for those purposes.

24
Q

Elements of Stalking and Intimidation?

A
  1. The defendant
  2. Stalks or Intimidates
  3. Another person (the victim)
  4. Intending to cause the other
    person to fear

5.Physical harm, or mental harm

  1. To the victim themselves, or to a
    person with whom the victim has
    a domestic relationship
25
Q

Stalking and Intimidation:

In relation to the intention to cause the other person to fear, physical harm or mental harm, police must prove the accused either:

A

Intended to cause the fear:

  • Proven through admissions
    -If accused retains his/her right to
    silence police can use word or
    tone of the conversation

Establish that although the accused did not mean to cause fear they knew that their conduct was likely to cause fear:

-This can be proved if the accused
has been previously warned about
their conduct or the accused
observed the victim’s reactions in
prior incidents based on similar
behaviour.

26
Q

Are Stalking and Intimidation are two separate offences?

A

YES

27
Q

Stalking definition

A

*Following or watching a person

*Frequenting the vicinity of a
person’s residence, workplace or
social activity

*Contacting or otherwise
approaching a person using the
internet or any other
technologically assisted means.

28
Q

Define intimidation

A

*Conduct amounting to the harassment of the person

*Any approach made to a person causing them to fear for their safety, or

*Injury to a person in a domestic relationship or of violence or damage to any person or property

29
Q

What is Firearms Act 1996 (NSW)
s 22 (1) and s 22 (2) ?

A

Suspension of licence

Section 22(1) a licence may be suspended if you are satisfied there may be grounds for revoking a licence

Mandatory Suspension

Section 22(2) a licence must be suspended where a person has been charged with a domestic violence offence or if you have reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence.

30
Q

What is Firearms Act 1996 (NSW)
s 23?

A

A firearms licence is automatically suspended on the making of an interim apprehended violence order against the person.

The licence is suspended until the order is confirmed or revoked.

31
Q

What is Firearms Act 1996 (NSW)
s 25?

A

A police officer is authorised to seize any firearm in the possession of a person if that person’s licence is suspended, revoked or otherwise ceased to be in force.

A police officer is also authorised to seize the licence itself.

32
Q

What is Firearms Act 1996 (NSW)
s 24?

A

A licence that authorises a person to possess or use a firearm is automatically revoked if the licensee becomes subject to a firearms prohibition order or an apprehended violence order.

33
Q

Explain how you would say s 82 Domestic Violence in your own words?

A
  1. Invited in by person apparently resides in the dwelling (whether or not the person is an adult) enter the dwelling and remain in the dwelling
  2. a) investigate if a DV has occurred

b) Take action to prevent further DV offence

34
Q

Crimes (Domestic and Personal Violence) Act 2007 s27???

A

Obligation to apple for provisional order in certain circumstances

A police officer investigating that incident believes that:
Dv offence
Stalking / Intimidation
Child abuse

Committed -imminent - likely

Domestic Violence (2 decks)

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