Domestic violence Flashcards
If a police officer has been invited into a dwelling by one of its occupants and suspects a DV offence has occurred, what powers can they exercise BEFORE a warrant issued?
Where in legislation is this provided?
LEPRA s82 (3A) empower police in this situation to:
- Direct a person to leave or not enter the dwelling.
- Use force to remove them or prevent them entering
- Prevent the removal of evidence (inc. search the person for this purpose and seize/detain evidence found).
What are the stages of the domestic violence cycle
- Build up phase - increase in tension
- Standover phase - control and fear
- Explosion
- Remorse phase - justification, minimisation, guilt
- Pursuit phase - pursuit and promises
- Honeymoon phase
What is a domestic relationship?
Crimes (Domestic and Personal Violence) Act 2007 s5 defines a domestic relationship as: [MISSDORA]
- Married
- Intimate personal relationship
- Same household as the other person
- Same residential facility (must be at least 6 months)
- De-facto
- Ongoing dependence or paid/unpaid care of the other person
- Relative of the other person
- ATSI
What types of control, domination and abuse can constitute domestic violence? (sometimes this is referred to as ‘the dynamics of DV’)
- Physical violence
- Emotional/psychological abuse
- Sexual violence
- Threats and Intimidation
- Social abuse
- Economic deprivation
- Coercive control
What are some Domestic Violence Policies?
- Code of Practice for the NSW Police Force Response to Domestic and Family Violence
- NSWPF Domestic and Family Violence Policy
- NSWPF Domestic and Family Violence SOPS
What are the 4 types of AVO?
Provisional
Interim
Non-Urgent
Final
What are the categories of personal violence offences?
IBADGASO is the acronym:
- Intimate Images (record, distribute, threaten to record/distribute)
- Breach of AVO
- Assault
- Destroy or dmg property
- Guns
- Any attempt at these offences
- Stalking or Intimidation
- Other offences
When a police officer enters a dwelling using DV related entry powers (LEPRA s82 / s83), what are their obligations in relation to firearms and dangerous implements?
Where in legislation are these obligations found?
LEPRA s85 (2) states that a police officer in this situation MUST inquire as to the presence of firearms and - if told there are firearms - search for, seize and detain these.
LEPRA s86 (1) states that if an officer is told there are no firearms in the dwelling, but believes on reasonable grounds that there are, they MUST apply for a search warrant to search for, seize and detain those firearms.
LEPRA s87 states that an officer MAY search for, seize and detain any dangerous article/implement that they believe on reasonable grounds is in the dwelling and was/may have been used in a DV offence
What sections of the Firearms Act 1996 may police use in relation to a DV incident?
- s22 (1): firearm license MAY be suspended if police satisfied grounds to do so - e.g. if DV offender may have access to the person’s firearms
- s22 (2): firearm license MUST be suspended where licensee charged with DV offence, or believe on reasonable grounds they have committed or threatened this
- s23: license automatically suspended if licensee subject to initial AVO
- s24: license automatically revoked if licensee subject to final AVO
- s25: once a license suspended or revoked
i. licensee must surrender all firearms to police as well as license
ii. police may seize these items (though no power to enter to seize)
What are the legal definitions of ‘stalking’ and ‘intimidation’?
Where in legislation are these definitions?
INTIMIDATION (VPDVA s7)
- Conduct amounting harassment or molestation of the person
- Any approach made by the person by any means (inc. digitally) that causes the person to
fear for their safety
- Any contact that causes a reasonable apprehension of:
● Injury or violence to any person
● Damage to property
● Harm to animal belonging to the person or another person they’re in a domestic rel with
STALKING (CPDVA s8)
- Following a person
- Watching or frequenting the vicinity if the person’s residence, work, or anywhere they frequent for leisure/socialisation
- Contacting or approaching the person using internet or other technology
*** courts are to consider any pattern of violence in determining if behaviour constitutes stalking
When are police required to apply for a provisional AVO, and where in legislation is this requirement found?
What are some exceptions to this requirement?
CDPVA s27 states that police must apply for a privisional AVO if:
- suspect or believe a DV offence or child abuse offence was / imminent / likely committed against PINOP or person has been charged with such offence against PINOP
- AND have good reason to believe a privisional order needs to be made immediately to ensure safety of PINOP or prevention of substantial property damage
Exceptions:
- if police believe on reasonable grounds that the PINOP intends to make an AVO application themselves
- if an AVO is already in force
- there is a good reason not to make an application (must be recorded in writing)
What powers do police have to detain and direct people for the purpose of making or serving different kinds of AVO on them?
Where are these powers found in legislation?
If police are making an application for a provisional APVO against a person, CPDVA s89 empowers police to:
(1) direct that person to remain at the scene of a DV incident or another location the officer finds them at
(2) detain that person at the relevant location OR detain and take them to a police station if they refuse to comply with this direction
CPDVA s89A provides similar powers in relation to applying for a provisional ADVO. The only extra powers are that an officer can direct the person to:
- go to (or accompany police to) and remain at a police station
- go to and remain at a place agreed with the person
s90 provides similar powers for serving final or varied AVOs on a person. In this case, the powers mirror s89 (rather than 89A):
(1) direct person to remain where they are found by police
(2) detain at location if direction isn’t complied with
s90A outlines that a person may be directed to remain in a place, or detained, under the above powers for ‘as long as is reasonably necessary’ to apply for & serve the relevant AVO.
Can police require identity of suspected AVO defendant?
Yes. The relevant power is from:
LEPRA s13A – Identity of suspected AVO defendant may be required to be disclosed 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
What is the purpose of ensuring that an AVO has been served and understood by the defendant?
Section 14, Crimes (Domestic and Personal Violence) Act 2007 (NSW)
The offence of Contravening an AVO is committed when a person knowingly contravenes a prohibition or restriction specified in an AVO.
It is only considered an offence if it was breached knowingly making it key that the AVO is served and understood by the defendant.
What DV related power allows police to enter a dwelling if one of the residents invites them in?
What happens if another resident or the owner demands you leave?
LEPRA S82 (1) allows police to enter a dwelling and remain in the dwelling to:
- investigate if a DV offence was committed
- take action to prevent further DV offences being committed
Criteria: officer must:
- be invited to enter by a person who apparently resides in the dwelling AND
- believe on reasonable grounds a DV offence was committed / is imminent or likely
Under LEPRA s82 (3) police can enter and remain in the dwelling (but do nothing else) despite the objection of any other occupants, provided an occupant who they believe to be a DV victim invited them in under s82 (1).
