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SESSION 2 > Domestic Violence > Flashcards

Domestic Violence Flashcards

1
Q

Domestic Violence Offence =

A

Domestic relationship (MISS DORA Has BAD GAS) + personal violence offence

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2
Q

S. 3 LEPRA – Dangerous Article (Prohibited SAFE)

A

(Prohibited SAFE)
P – Prohibited under the Weapons Prohibition Act
S – Spear gun
A – Device (not a firearm) capable of discharging any irritant or capable of bodily harm
F – Firearm, spare barrel, ammunition
E – Detonator or fuse capable of use with an Explosive or detonator

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3
Q

S. 3 LEPRA – Dangerous Implement (Dangerous MILK)

A

(Dangerous MILK)
D – Dangerous article
M – Made or adapted for the use of causing injury to another
I – Intended to menace, injure or damage property
L – Laser pointer
K – Knife

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4
Q

The Power and Control Wheel:

A

A cycle of domestic violence that will continue without intervention or until a person meets their death. Comprises of the following phases:

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5
Q

Dynamics of Domestic Violence (PEESST):

A

(PEESST)
When one person attempts physical or psychological domination and control over another person in a domestic relationship by one or more of the following:

P – Physical violence 
E – Emotional and psychological abuse 
E – Economic deprivation 
S – Sexual violence 
S – Social abuse 
T – Threats and intimidation
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6
Q

S. 5 CDPVA – Meaning of Domestic Relationship:

A

(MISS DORA)
A person has a domestic relationship with another person if they are or have been:

M – Marriage to the other person
I – Intimate personal relationship to the other person (whether or not sexual in nature)
S – Same household as the other person
S – Same residential facility (at the same time) as the other
person. NOT including gaols
D – De-facto partner to the other person
O – Ongoing dependence or care of the other person
R – Relative of the other person
A – ATSI extended family or kin

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7
Q

Personal Violence Offences (BADGAS)
The following mnemonic is used to define which offences are
considered ‘DV’ when committed in the confines of a ‘Domestic
Relationship’ (defined under s. 5 CDPVA).

A

B – Breach of Apprehended Violence Order (AVO)

A – Assaults (all manner) 
• Murder/manslaughter
• Documents containing threats 
• Wounding and grievous bodily harm 
• Attempts to choke 
• Use intoxicating substance 
• Use poison 
• Food deprivation 
• Assault occasioning ABH 
• Common assault 
• Sexual assault 
• Kidnapping 
• Child abduction

D – Damage to property
• Damage/destroy property
• Threatening to damage property
• Possess explosive with intent to damage property.

G – Guns
• Causing danger with firearm/spear gun
• Firing at a house or dwelling

A – Attempts at anything in this list

S – Stalking and intimidation
• Stalking/Intimidation with intent to cause fear of physical/mental harm

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8
Q

Domestic Violence Safety Assessment Tool (DVSAT):

A

(DVSAT)
A tool used to categorise the severity of a DV incident so that appropriate action may be taken.
Applies only to intimate victims (male and female) aged 16 years and older.

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9
Q

Intimate Relationship (MEDS DDP):

A

People who are (or have been) in an intimate partnership.

Includes: 
• Married 
• Engaged to be married 
• Divorced 
• Separated 
• De-facto partners 
• Dating 
• Promised to each other under cultural or religious tradition 
– Includes same sex partners 
– Whether or not they had a sexual relationship is not relevant.

Not Intimate =
Everything else. E.g. Family members, friends etc…

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10
Q

Process for DVSAT:

A

DVSAT sticker is the first thing in the notebook, prior to details and taking the statement. 1 sticker per victim, take the statement as per normal, ask DVSAT questions, if there is anything else additional then add it to the statement. Have the victim sign the statement. Part A is completed per intimate victim and part B is
completed for each victim including those that aren’t intimate.

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11
Q

S. 8 CDPVA – Stalking:

A 
• Following a person
• Watching a person 
• Frequenting the vicinity or on approach of the person's: 
o Place of residence 
o Business or work 
o Area of social/leisure activity
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12
Q

S. 7 CDPVA – Intimidation:

A

• Conduct amounting to the harassment or molestation of the person
• Any approach made by the person by any means that causes the person to fear for his or her safety.
• Any conduct that causes a reasonable apprehension of:
o Injury to any person
o Violence or damage to any person or property

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13
Q

S. 13 CDPVA – Stalking or Intimidation:

A

• The accused
• Stalks or intimidates the victim
• With intent to cause fear of physical or mental harm
– Includes those in domestic relationships.
– Intention includes conduct not intended but ‘likely’ it could
cause fear.
– Prosecution not required to prove actual fear by the victim.

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14
Q

S. 9 LEPRA – Entry in Emergencies:

A

PO may gain entry on reasonable suspicion the following is occurring or likely to occur:

• Breach of the peace
• Person has suffered significant physical injury (or there is imminent danger of this)
– PO may only enter and remain on the property to stop it or prevent it from occurring

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15
Q

S. 10 LEPRA – Entry for Arrest, Arrest Warrant or Detain:

A

PO may gain entry and stay for a reasonable amount of time on premises to:
• Detain a person under an act
• Arrest a person

– PO may search the premises for the person

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16
Q

S. 68 LEPRA – Proper Announcement (MASA):

A 
PO on entry to a dwelling should:
M – Make presence known/knock 
A – Announce their office 
S – State the reason for entry 
A – Allow adequate time to comply

– Generally relates to warrants but is considered best practice.

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17
Q

S. 82 LEPRA – Entry by Invitation:

• PO invited in to a dwelling by any occupier may stay to:
o Investigate a DV offence
o Prevent a DV offence
• So long as the PO believes on reasonable grounds a DV offence is occurring, recently occurred, likely or imminent
• PO may also exercise the following powers for the purposes of preserving evidence relating to the DV offence until such time as a s. 83 warrant is issued:

A

o Direct a person to leave, or not to enter, the dwelling.
o Remove a person who fails to leave the dwelling.
o Prevent a person from entering the dwelling.
o Prevent a person removing evidence or interfering with the dwelling or anything in it and, for that purpose, detain and search the person.
• If permission to stay is removed, PO may remain on premises to exercise the above preservation powers until such time as a s. 83 warrant is issued
– Invitations are valid from both children and adults residing in
the dwelling.
– PO may rely on other sections in order to remain on
premises for the purposes of dealing with a DV incident (s. 9
& s. 10 LEPRA).

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18
Q

S. 83 LEPRA – Entry by DV Warrant:

A

• If PO believes on reasonable grounds a DV offence is occurring, recently occurred, likely or imminent
– AND –
• It is necessary to enter the premises to:
o Investigate a DV offence
o Prevent a DV offence
• PO may apply for a warrant if denied entry or refused authority to remain in premises.
• Warrant allows police to enter and remain in the premises.

19
Q

S. 84 LEPRA – Obstruction or Hindrance of Warrant:

A

It is an offence to hinder or obstruct PO in the execution of a warrant.

20
Q

S. 85 LEPRA – Powers Exercised by PO on Entry to Premises (PIRAF):

A

(PIRAF)
PO who lawfully enters a dwelling under this part may:

P – Prevent a DV offence
I – Investigate a DV offence
R – Render aid to any person injured
A – Arrest a person
F – Firearms (inquire, search and seize) ← MUST BE DONE, not optional
– PO may remain in dwelling only as long as necessary to
perform the above.

21
Q

S. 86 LEPRA – Search Warrant – Firearms

A

• If PO has reasonable suspicion a DV offence is occurring, recently occurred, likely or imminent
– AND –
• PO is informed that no firearms exist in the dwelling BUT reasonably suspect otherwise.
• PO must apply for a search warrant.

Search warrant allows PO to:
• Enter and search the dwelling concerned for firearms.
• Seize and detain any firearms found in the dwelling.

22
Q

S. 87 LEPRA – DV Search and Seizure Powers

“being used in the DV offence”:

A

PO who enters a dwelling under this act may search, seize and
detain a:
• Dangerous article
• Dangerous implement (other than a laser pointer)

So long as the PO believes on reasonable grounds that the
dangerous article/implement is:
• Located within the dwelling
– AND –
• Currently, was previously or may be used to commit a DV
offence.

23
Q

Apprehended Violence Order (AVO):

A

An order from the court (or sergeant in the case of a provisional AVO) that places restrictions on a person (defendant) in order to protect the PINOP

24
Q

Person In Need Of Protection (PINOP):

A

The victim in a DV incident. Usually referred to in the application for an AVO, as this person requires protection from the defendant.

25
Q

Apprehended Domestic Violence Orders (ADVO):

A

An AVO specific to domestic relationships.

26
Q

Apprehended Personal Violence Orders (APVO):

A

An AVO excluding domestic relationships.

27
Q

AVO Application Details (FIRE HP):

A

An AVO application includes the following details:

F – Fears of police or PINOP.
I – Issues such as; family law, drugs and alcohol, mental health, firearms, weapons.
R – Relationship between PINOP and Defendant.
E – Examples of violence used.
H – History of children, violence and types of abuse.
P – Previous AVO’s.

28
Q

Provisional/Urgent AVO:

A

Police apply for this AVO if there are immediate fears for the safety of the victim.

• AVO in force for as long as it takes for the matter to go to court.
• AVO granted by a senior police officer, Sgt. or above, or the central justice panel
• AVO in effect from the moment served to the defendant
(record time and notify VKG)

29
Q

Interim AVO:

A

An order made by the court based on the commission of certain offences, serious offences mentioned in s. 40 CDPVA.
• AVO in force until revoked or a final order (AVO) has been
made

An Interim AVO is an order made by the court either:
• Extending a Provisional AVO or
• Where the court agrees that it is necessary or appropriate for someone to have temporary protection.

30
Q

Non-Urgent AVO:

A

Is not an order but a summons to appear before the court for an application to seek an order.
• There must be no immediate safety concerns.
• Commonly used when a Provisional AVO has been declined.
• Not appropriate for child abuse, stalking, intimidation or a domestic violence offence.
• Can be applied for by the PINOP at a local court.

31
Q

Final AVO:

A

Court made order prior to the expiry of a provisional AVO or at the conclusion of a non urgent AVO application.
• Granted for the long term protection of the PINOP.
• Duration can be from 6 months to 5 years and conditions can be varied or revoked over the time.
• AVO not in force until served on the accused.

32
Q

S. 27 CDPVA – Police Obligation to Apply for Provisional AVO (Dead Shit Carer):

A

(1) PO must apply for a Provisional AVO if there is reasonable suspicion the following is occurring, has occurred, is imminent or likely against the PINOP:
• D – DV offence
• S – Stalking / Intimidation
• C – Child abuse offence
- AND -
• PO believes an order should be made immediately for the
safety/protection of the PINOP
(2) The order can be made by any PO
(3) and (4) No need to apply for AVO if:
• There is already an order in force
• There is a ‘good reason’ not to apply
• The person above 16 years of age intends to apply for their own AVO.
(5) Any decision not to apply must be recorded in PO’s notebook.
(6) ‘good reason’ does NOT include when the PINOP is reluctant, particularly if they were:
• A victim of violence or at significant threat of violence.
• Someone with an intellectual disability and have no guardian.

33
Q

S. 49 CDPVA – Police Obligation to Apply for Non-Urgent AVO:

A

Same as s. 27 but applies to Non-Urgent AVO’s. (DV offence, Stalking/intimidation, Child abuse).
Makes NO mention of making the order immediately for the
PINOP’s safety and protection.

34
Q

S. 48 CDPVA – Making of Application for Non- Urgent AVO:

A

An application for a Non Urgent AVO can be made by the following:
• PINOP
• Guardian of the PINOP
• PO
– In the case of a child PINOP, only a PO may make the
application.

35
Q

Mandatory Orders included in every AVO:

Every order made specifies that the defendant is prohibited from doing any of the following:

A

• Must not assault, molest, harass, threaten or otherwise
interfere with the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship.
• Must not engage in conduct that intimidates the protected
person(s) or a person with whom the protected person(s)
has/have a domestic relationship.
• Must not stalk the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship.

36
Q

S. 13A LEPRA – Identity of the Defendant of an AVO Required to be Disclosed:

A

PO may request a person whose identity is unknown to disclose their identity if they suspect on reasonable grounds that an AVO has been made against the person.

37
Q

S. 14 CDPVA – Offence of Contravening an AVO:

A

A person who knowingly contravenes a condition specified in an AVO is guilty of an offence.

– Excludes when contravention was in compliance of an Ancillary Property Recovery Order.

38
Q

S. 37 CDPVA – Ancillary Property Recovery Order:

A

Allows the defendant to remove personal property (whom legal claim of right exists) from a dwelling co-occupied by the PINOP under the following conditions:
• Access to be at times suitable to the PINOP and the PO.
• Defendant to be accompanied by a PO or another specified person during removal.
• The order must specify the property to be retrieved.
• No force can be used.

39
Q

S. 89 CDPVA – Detention for Making/Service of Provisional/Interim APVO – “regular AVO”:

A

PO who is making or about to make an application for a
Provisional or Interim APVO may give a direction for the
defendant of the AVO to:
• Remain at the scene of the incident.
• If the person has left the scene, to remain at another place where the PO can locate them.

– PO may detain the person if they refuse any of these
directions.

40
Q

S. 89A CDPVA – Detention for Making/Service of Provisional/Interim ADVO – “domestic AVO”

A

PO who is making or about to make an application for a Provisional or Interim ADVO may give a direction for the
defendant of the AVO to:
• Remain at the scene of the incident.
• If the person has left the scene, to remain at another place where the PO can locate them.
• Go to and remain at a location agreed upon by the person.
• Go to and remain at a police station.
• Accompany a PO to a police station and remain there.
• Accompany a PO to another location agreed to by the person.
• Accompany a PO to another location (whether or not) agreed to by the person for the purposes of medical treatment.
– PO may detain the person if they refuse any of these
directions.
– PO may detain the person in a police vehicle for reasonable amount of time to transport them.

41
Q

S. 90 CDPVA – Detention for Variation/Service of AVO to a Reasonably Suspected Person:

A

PO who reasonably suspects a person is the defendant of an AVO may:
• Direct the person to stay at a particular location for purposes of serving an AVO.
• Detain the person at the location, or a police station for the purpose of serving of the AVO.

42
Q

S. 90A CDPVA – Period of Time – Direction to Remain or Detention:

A

PO may direct the person to remain or detain them for a
reasonable amount of time:
• To have the APVO or ADVO created, varied or served on the defendant.
• Not exceeding 2 hours or whichever is lesser (excludes travel time to police station).

43
Q

Procedures for Attending – DV Incidents (ICAAEU):

A

• Initial Complaint – obtain maximum amount of information
including; name and location, type of premises, what has occurred, what is occurring now is someone injured, weapons/firearms, who is present now, seek condition of those involved (drugs/alcohol/mental state), AVO’s
• CAD – ILS, warnings, intel, AVO’s firearms, history, additional
resources.
• Assess Risk/ On Route – Checks, backup, offenders at scene, supervisor, officer safety.
• At Scene – park safe distance, call off, observations, need for backup.
• Entering Premises – assess risk to safety of you and others, announce and know powers of entry.
• Upon Entry – Take control of the situation, locate and separate all persons, identify the victim and POI or attempt to locate absent parties, secure any weapons, maintain constant surveillance of partner, comply with legislative powers.

44
Q

S. 27 CDPVA

A

Police officer must apply for a Provisional AVO if there is reasonable suspicion the following is occurring, has occurred, is imminent or likely against the PINOP
(Dead Shit Carer):
- DV offence
- Stalking / Intimidation
- Child abuse offence
Police officer believes an order should be made immediately for the safety/protection of the PINOP
- The order can be made by any Police officer
- Application not to be made if order already in force
- Application not be made if the person above 16 years of age at the time of the incident
- Intends to apply for their own AVO
- Good reason not to make application
- Any decision not to apply must be recorded in Police officer’s notebook
- ‘Good reason’ does NOT include when the PINOP is reluctant, particularly if they were:
- A victim of violence or at significant threat of violence
- Someone with an intellectual disability and have no guardian
- Remains in force until revoked, withdrawn, dismissed or when an interm/final order is served
on the defendant s32

SESSION 2 (16 decks)

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