Domestic Violence #1 Flashcards
Define Domestic Violence?
Domestic Relationship + Personal Violence Offence
DVO = DR + PVO
Why do victims of domestic and family violence find it difficult to seek out assistance / speak out?
Fear
Shame / embarrassment
Bond to their partner
Religious / cultural belief
Lack of knowledge / options
Lack of resources
Social isolation
List examples of a domestic relationship?
MISS DORA
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.
Explain the different types of abuse (dynamics) of DV
VIP SPECS
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
Personal Violence Offence + Domestic Relationship =
Domestic Violence Offence
What are the six stages of the cycle of violence?
BSE RPH
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)
List examples of personal violence offences?
I BAD GASO
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)
Explain what a DVSAT is?
Domestic violence safety tool used to categorise the severity of a DV incident
Explain the DVSAT (Domestic Violence Safety Assessment Tool)
- 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)
DVSAT - What amounts to a ‘serious threat’ level?
- 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
What are the advantages of DVEC?
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
What is Section 9 of LEPRA?
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
What is Section 10 of LEPRA?
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
What is Section 13A of LEPRA?
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
What is Section 13B of LEPRA?
Failure of person to disclose identity on requirement
What is Section 13C of LEPRA?
False or misleading information about identity
What is Section 68 of LEPRA?
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
What is Section 82 of LEPRA?
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
What is Section 83 of LEPRA?
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
- They have been denied entry
- A DV offence has recently been, is being committed, is imminent, or is likely to be committed
- 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.
What is Section 85 of LEPRA
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
What is Section 86 of LEPRA?
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.
What is Section 87 of LEPRA?
LEPRA, Section 87 - DV search and seizure powers
“87 All things that send me to heaven”
Search, seize and detain
Dangerous article
Dangerous implement
LEPRA (2002) pt 7 - s88
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.
Elements of Stalking and Intimidation?
- The defendant
- Stalks or Intimidates
- Another person (the victim)
- Intending to cause the other
person to fear
5.Physical harm, or mental harm
- To the victim themselves, or to a
person with whom the victim has
a domestic relationship
