Domestic Violence Flashcards
(scenario style questions)
Cycle of violence in domestic violence
what is a domestic violence offence
- Personal vilence offence, or
- an offence (other then PVO) that arises from same circumstance a PVO has risen
- offence under Crimes act s54D (intimate partners only)
Domestic relation + personal violence = domestic violence offence
Dynamics of Domestic Violence PISTEE
P - physical violence
I - intimidation
S - sexual violence
T - threats
E - economic deprivation
E - emotional abuse or psychological
Harassment - is it an offence?
not an offence as it constitutes a person’s behaviour
DEFINED
- behaviour or conduct which is unwelcome, uninvited, or unreciprocated and makes recipient feel intimidated, offended, humiliated, or belittled.
Court takes into account any pattern of violence when determining if conduct = intimidation
DVSAT - what does it do? when do you use it? expected benefits?
- Use when investigating any DV incident
- helps assess the threat level focusing on potential for injury or death
Expected benefits
- consitent threat assessment, improved victim safety and enhanced information exchange
what is an AVO?
Orders from court which place restrictions or prohibitions on a person (defendant) to protect the victim (PINOP)
Prov. AVO - tempory order from police to provide immediate protection
ADVO - order to protect people in domestic relationships
APVO - order to protect people not in domestic relationships (neighbour, work colleague)
duration of AVO (final)
- Final AVO remains in force for period specified in the order
- The period to be as long as the court sees is necessary
APVO - if court does not specify duration -> 12 months
ADVO - if court does not speficy duration -> 2 years
If the defendant is under 18 -> 12 months
duration of AVO (provisional)
Remains in force until revoked, withdrawn, dismissed or when an interim/final order is served on defendant
C(D&PV) Act s32
what must you include in an AVO
- Relationship between PINOP & defendant
- general history (kids, violence, types of abuse)
- specific examples of violence (most recent and serious)
- issues relating to family (law, drugs/alcohol, mental health, firearms and weapons access)
- previous AVO’s
- future fears police have or the PINOP has
Crimes (D&PV) Act - s27 - obligations to apply for prov. order in certain circumstance
- order application MUST be made in relation to DV offences
- application can be made by any police officer
- Do not need to make an application if an AVO is already in force
When must we apply for an AVO (s27) urgent
- Polce investigating the invident believes or suspects that a DV, stalk/intimidate, child abuse offence has been/is being, is imminent or likely to be committed against the victim/PINOP
- criminal proceedings have been commenced against the person for an offence mentioned above
- Theres good reason to believe an order needs to be made immediately
Circumstances police must make an application for an order (s49) non-urgent
- police must make application for an order if officer investigating believes/suspects that a DV offence, stalk/intim, child abuse offence has recently been/is being committed or is likely to be committed against the person for whom a protection order is being made for.
NOTE - Suspicion or belief must be present
difference between s27 and s49
s27 - police hold immediate fears for the safety of the victim/pinop -> PROVISIONAL order
s49 - police do not have immediate fears for the safety of the PINOP -> NON-URGENT order
AVO Types
Provisional - made by police
Interim (s40) - made for certain offences
Non-urgent - a summons to go to court to seek an order
Final - made by court and remains in force until a specified time
Personal Violence Offences
Intimate images
Breach AVO
All assaults
Damage property
Guns
Attempts
Stalking intimidation
Other offences listed in the Act
definition of domestic relationship C(DPV)Act s5 (MISSDORA)
Married
Intimate personal relationship
Same household
Same residential facility (aged care)
De facto
Ongoing dependent (
Relatives
ATSI (extended family)
Coercive Force
- patterns of abusive behaviour which overtime causes fear and takes away a person’s freedom & independence.
- can involve:
- psychological abuse
- emotional control
- blackmail
- sexual coercion
- economic sanctions
- social control
Stalking and intimidation offence
s13 C(DPV)Act - Stalking or intimidation with intent to cause fear
ELEMENTS
- defendant
- stalks or intimidates
- another person (vic)
- intending to cause vic fear
- physical or mental harm
- to the victim themselves, or to person with who they have a domestic relationship with
meaing of intimidation (s7)
- intimidation can be a singular incident alone and is based on actions that make someone feel fearful or coerced to influence their decisions.
- can involve threats, aggressive gestures or other tactics.
- can include cyberbullying
meaning of stalking (s8)
- the following of a person about
- the watching or frequenting of the vicinity of, or an approach to persons place of residence, work or a place that a person frequents
- the monitoring/tracking of a person’s activities
Crimes Act s54C - meaning of ‘intimate partners’
- is or has been married to the person
- is or has been de facto partner
- has or has had an intimate person relationship with the person, whether or not the intimate relationship involves or involved a relationship of a sexual nature
Crimes Act s54F - meaining of abusive behaviour
- violence, threats against or intimidation of a person
- coercion or control of the person
Crimes Act s54G - meaning of course of conduct
engages in behaviour either repeatedly or continuously or both
behaviour does not need to be an unbroken series of incidents or in immediate succession
Crimes Act s54D - Abusive behaviour towards current or former intimate partners
*An adult commits an offence if,
- engages in course of conduct consisting of abusive behaviour
- against a person
- the adult and other person are or were intimate partners, and
- the adult intends the course of conduct to coerce or control the other person
- a reasonable person would consider the course of conduct likely in all circumstances to cause any of the following whether or not is in fact caused
- fear violence will be used against the person or another person or,
- serious adverse impact on capacity to engage in some or all of person’s day to day activities
