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Domestic violence Flashcards

1
Q

Define Domestic violence

A

Domestic Relationship + Personal Violence

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2
Q

List examples of a domestic relationship?

MISSDORA

A

(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
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3
Q

List examples of personal violence offences?

IBADGASO

A

(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)
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4
Q

What are the six stages of the cycle of violence?

PHBSER

A

(PHBSER)

P - Pursuit 
H - Honeymoon
B - Build up 
S - Stand over 
E - Explosion 
R - Remorse
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5
Q

Explain the dynamics of DV…

VIP SPECS

A

(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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6
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 & B: Intimate relationships
  • Part B: Non-intimate relationships
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7
Q

Explain the DVEC (Domestic Violence Evidence in Chief)

A
  • 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
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8
Q

What are the advantages of DVEC?

A
  • 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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9
Q

LEPRA Section 9 - Powers to enter in emergencies

A
  • 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
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10
Q

LEPRA Section 10 - Power to enter to arrest or detain someone or execute warrant.

A

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
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11
Q

LEPRA Section 13A - Identity of suspected AVO defendant may be required to be disclosed

“13A AVO IN PLAY”

A
  • 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
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12
Q

LEPRA Section 68 - Announcement before entry

“68 G’DAY MATE”

(MASA)

A

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

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13
Q

LEPRA Section 82 - Entry by invitation

“82 COME ON THROUGH”

A
  • 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
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14
Q

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

“83 LEAVE ME”

A
  • 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.
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15
Q

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

“85 DO THE FIVE”

(IFRAP)

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
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16
Q

LEPRA Section 86 - Police may enter and search for firearms

“86 PICK UP STICKS”

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.
17
Q

LEPRA Section 87 - DV search and seizure powers

“87 ALL THE THINGS THAT SEND ME TO HEAVEN”

A

Section 87

Search, seize and detain

  • Dangerous article
  • Dangerous implement
18
Q

ADVO - Apprehended Domestic Violence Order

A
  • An order from the court (or Sergeant in the case of a provisional ADVO)
19
Q

What are the four types of AVO’s

A
  1. Provisional AVO
  2. Interim AVO
  3. Non-urgent AVO
  4. Final AVO
20
Q

What is the purpose of a APVO?

Apprehended Personal Violence Order

A
  • To protect people not in a domestic relationship
21
Q

Explain a Provisional AVO

A
  • 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
22
Q

Explain what a interim AVO is

A
  • An order made by the court
  • In force until revoked or a final order AVO has been made
  • Temporary
  • Serious offences
23
Q

What is a Non-Urgent AVO?

A
  • 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
24
Q

What is a Final AVO?

A
  • 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
25
Q

When must police apply for a provisional AVO?

A

CDPVA 2007 S. 27 - Obligation to apply for provisional order in certain circumstances

Dead Shit Carer
(DSC)

D - DV offence
S - Stalking / intimidation
C - Child abuse offence

CDPVA 2007 S. 49
Same as section 27 but no mention of making the order immediately for the PINOPS safety and protection.

26
Q

Who can make an application for a non-urgent AVO?

PGP

A

(PGP)

P - PINOP (Person in need of protection)
G - Guardian of the PINOP
P - Police officer

Crimes domestic Personal Violence Act 2007, Section 48

27
Q

What is included in an AVO application?

GP FIRE

A

(GP FIRE)

G - General history of children, violence and types of abuse

P - Previous AVO’s

F - Future fears of police or PINOP

I - Issues relating to; family law, drugs and alcohol, mental health, firearms, weapons

R - Relationship between PINOP and defendant

E - Examples of violence used; most recent to most serious.

28
Q

What are the three mandatory orders included in every AVO?

ASI

A

THE THREE ORDERS IN EVERY AVO 1(.ABC)

(ASI)

Must not

A - Assault or threaten them

S - Stalk, harass or intimidate them

I - Intentionally or recklessly destroy or damage property belonging to the victim.

29
Q

What are the four ways to prove service of the order? (SAEP)

A
  1. A statement of service
  2. An affidavit of service
  3. Evidence of service
  4. Proof that it was served in the court
30
Q

Define “Duty of Care”

A

Taking all reasonable steps to ensure the safety and well-being of others.

31
Q

Explain the difference between Arrest and detention…

A
  • Arrest:
    Where police make it plain that the person they are arresting is not free to leave
  • Detention:
    The time taken to evoke a legal process.
32
Q

Explain what a DVSAT is?

A

DVSAT (Questions)

  • Domestic violence safety tool used to categorise the severity of a DV incident.
33
Q

Why do victims of DV find it hard to speak out?

A
  • Fear
  • Shame / embarrassment
  • Bond to their partner
  • Religious / cultural belief
  • Lack of knowledge / options
  • Lack of resources
  • Social isolation
34
Q

Define stalking

A

Stalking definition

  • Following or watching a person
  • Frequenting the vicinity of a persons residence, workplace or social activity.
35
Q

Define intimidation

A

Intimidation definition

  • Conduct amounting to the harassment of the person, or any approach made to a person causing them to fear for their safety, or injury to a person in a domestic relationship.
36
Q

What are the duties of the first responder?

DR EAL PINE

A

(DR EAL PINE)

D - Duty officer to be notified
R - Respectful and supportive of the victim

E - Ensure the victims immediate safety
A - Access and attend to immediate issues
L - Liaise with criminal investigators

P - Privacy of the victim
I - Identify primary and secondary crime scene
N - Notebook entry
E - Encourage victim not to change

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