Domestic violence Flashcards
Define Domestic violence
Domestic Relationship + Personal Violence
List examples of a domestic relationship?
MISSDORA
(MISSDORA)
M - Married I - Intimate relationship S - Same household S - Same residential facility D - De facto O - Ongoing dependence R - Relative A - Aboriginal or Torres Strait Islander, extended family or next of kin
List examples of personal violence offences?
IBADGASO
(IBADGASO)
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)
What are the six stages of the cycle of violence?
PHBSER
(PHBSER)
P - Pursuit H - Honeymoon B - Build up S - Stand over E - Explosion R - Remorse
Explain the dynamics of DV…
VIP SPECS
(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
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 & B: Intimate relationships
- Part B: Non-intimate relationships
Explain the DVEC (Domestic Violence Evidence in Chief)
- Video recorded statement taken from DV victims
- Recording must be made as soon as practicable after the offence
- Police should consider: Non-leading questions, first person condition, hearsay, opinion, unfair/prejudice/character evidence
- Defendants are not to be given copies of a video statement but only audio
- Victims still must go to court, even if they supply a DVEC statement
What are the 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
LEPRA Section 9 - Powers to enter in emergencies
- A breach of the peace has occurred or is likely to be committed.
- Person has suffered significant physical injury or there is imminent danger to them
LEPRA Section 10 - Power to enter to arrest or detain someone or execute warrant.
LEPRA, Section 10
- 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
LEPRA Section 13A - 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.
- Section 13B - Failure of person to disclose identity on requirement
(OFFENCE CREATING SECTION) - Section 13C - False or misleading information about identity
LEPRA Section 68 - Announcement before entry
“68 G’DAY MATE”
(MASA)
LEPRA Section 68 - 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
LEPRA Section 82 - Entry by invitation
“82 COME ON THROUGH”
- Once you are in the premises / Dwelling and have been invited in by the occupier
- Avoid conflict where possible
- Seperate the persons and maintain constant surveillance of your offsider
- Ask the victim if there are any firearms or weapons in the premises
- Inquire as to the presence of children and their welfare
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.
LEPRA Section 85 - Powers exercised by police officer on entry to premises.
“85 DO THE FIVE”
(IFRAP)
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
LEPRA Section 86 - Police may enter and search for firearms
“86 PICK UP STICKS”
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.
LEPRA Section 87 - DV search and seizure powers
“87 ALL THE THINGS THAT SEND ME TO HEAVEN”
Section 87
Search, seize and detain
- Dangerous article
- Dangerous implement
ADVO - Apprehended Domestic Violence Order
- An order from the court (or Sergeant in the case of a provisional ADVO)
What are the four types of AVO’s
- Provisional AVO
- Interim AVO
- Non-urgent AVO
- Final AVO
What is the purpose of a APVO?
Apprehended Personal Violence Order
- To protect people not in a domestic relationship
Explain a Provisional AVO
- Police apply if there is immediate fears for the safety of the victim.
- Enforceable the minute it has been served
- In force until revoked, withdrawn, dismissed or from the moment when an interim/final order is served to the defendant
- Granted by a senior police officer, Sgt or above, or the central justice panel
Explain what a interim AVO is
- An order made by the court
- In force until revoked or a final order AVO has been made
- Temporary
- Serious offences
What is a Non-Urgent AVO?
- Not an order but a summons to appear before the court to seek an order
- Must be NO immediate safety concerns
- When a provisional AVO has been declined
- Not appropriate for child abuse, stalking, intimidation or a DV offence
What is a Final AVO?
- Court made order prior to the expiry of a provisional AVO or at the conclusion of a non-urgent AVO.
- Long term protection of the PINOP
- A final AVO remains in force for such period as is specified by the court
- Not in force until served on the accused
