Domestic Violence Flashcards

1
Q

What is Domestic Violence (4 points)

A

(1) physical or sexual force,
(2) actual or threatened,
(3) in an intimate relationship,
(4) incl. emotional/psychological abuse or harassing behaviour

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2
Q

Categories of Domestic Violence (3 things)

A

(1) Physical violence
(2) Sexual assault
(3) Emotional abuse

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3
Q

“Intimate Relationship” means (3 points)

A

(1) opposite and same-sex partners
(2) Incl. former dating, common-law, and married
(3) may or may not incl a sexual component

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4
Q

When is it a Mandatory Charge? (3 points)

A

(1) If meets “domestic violence” and “intimate relationship”
(2) RG that a criminal offence has been committed
(3) SHALL lay a charge

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5
Q

Cycle of Violence

A

(1) Tension builds
(2) Exlosion
(3) Make-up (honeymoon stage)

Starts over again

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6
Q

Relationship Terror

A

An extreme form of controlling relationship behviour involving threats, intimidation and violence

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7
Q

Legal Authorities for Domestic Violence (3 case law)

A

R. v Feeney - Hot pursuit/exigent
R. v Godoy - 911 hangup call/warrantless entry for safety
R. v Sanderson - entry/conduct inside home lawful

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8
Q

R. v Feeney says

A

(1) hot pursuit - where offence, pursuit, entry and arrest form a single continuing transaction
(2) consent-from authorized person
(3) normal police attendance for other reasons
(4) non-dwelling

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9
Q

R. v Godoy (imminent harm case)

A
  • warrantless entry justified protect life and prevent serious injury
  • ascertain health/safety of a 911 caller.
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10
Q

R v. Sanderson

A
  • Lawfully justified in entering house to discharge their common law and statutory duties to preserve the peace and protect property
  • police arrested boyfriend as he was blocking bedroom to prevent girlfriend from getting in and getting her property. Police arrested male/charged with obstruct/resist arrest
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11
Q

Dominant Aggressor

A

(1) individual who has been the principal abuser (not necessarily person who initiated violence)
(2) impact of inappropriate dual charging
(3) Determining dominant aggressor (history-power and control-injuries)
(4) dual charge does not mean dual arrest

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12
Q

Separating Parties - Domestic Investigation

A

(1) Separate parties to determine what happened
(2) Determine well-being of others incl children
(3) Determine if an offence committed
(4) Determine dominant aggressor
(5) Contact CAS if child involved

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13
Q

What are some safety planning considerations?

A

(1) assure victim they will be updated with any information regarding release
(2) provide safety planning advise to increase their protection

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14
Q

What must be considered when interviewing & obtaining statements of victim, witness or accused?

A

(1) consider sworn video statements
(2) use of interpreter
(3) document history, not just the current incident

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15
Q

Sworn video statements (SVS) are?

A

(1) made under oath or affirmation
(2) made voluntarily and with informed consent
(3) ( witness is warned or cautioned prior to statement
(4) statement is videotaped in it’s entirety

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16
Q

When investigating DV not e the following:

A

(1) Who has the injuries
(2) what caused the injuries
(3) weapons been used or threatened
(4) defensive injuries
(5) likelihood of future injuries

17
Q

What are some risk factors where child is likely to suffer physical harm?

A

(1) failure to adequately care for
(2) pattern of neglect
(3) sexually molested, sexually exploited

18
Q

Entry into Dwelling in relation to Domestic Violence

A

(1) PO may enter
(2) without warrant
(3) to ensure safety of persons inside

19
Q

Purpose of Domestic Violence

A

(1) Intimidate/Control

(2) by inducing fear