power to enter premises to arrest, detain, or execute arrest warrant Power to enter to arrest or detain someone or execute warrant. 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

Domestic Violence Flashcards by Xaviere Santos

LEPRA s 9

power to enter premises in emergencies

May enter if the police officer reasonably suspects
a) To prevent or end a breach of the peace

b) Prevent or help someone with significant injury or in imminent danger of significant injury.

c) Body of someone who has died

1a) Before entering re dead body, get approval from inspector

2) Stay only as long as reasonably necessary

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LEPRA s 10

power to enter premises to arrest, detain, or execute arrest warrant

Power to enter to arrest or detain someone or execute warrant.

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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LEPRA s 13A

power to require suspected AVO person to provide identity

A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that an apprehended violence order has been made against the person.

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LEPRA s82 (1)

Power to enter dwelling to investigate and prevent DV offences if invited by an occupant

(1) A police officer who believes on reasonable grounds that a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, in any dwelling may, if invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult) enter the dwelling and remain in the dwelling for any of the following purposes—
(a) to investigate whether a domestic violence offence has been committed,
(b) to take action to prevent the commission or further commission of a domestic violence offence.

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LEPRA s82 (3)

Power to remain in dwelling if invited by a suspected DV victim, even where other occupants don’t consent

(3) A police officer may exercise a power to enter and remain in a dwelling if the invitation to enter and remain is given by a person who apparently resides in the dwelling and whom the police officer believes to be the victim of a domestic violence offence, even if another occupier of the dwelling expressly refuses authority to the police officer to do so.

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LEPRA s82 (3A)

A police officer who has entered a dwelling in accordance with this section may remain in the dwelling and exercise any of the following powers until such time as a warrant is issued under section 83 in relation to the dwelling—

(a) direct a person to leave, or not to enter, the dwelling,

(b) remove from the dwelling a person who fails to comply with a direction to leave the dwelling,

(d) prevent a person from removing evidence from or otherwise interfering with the dwelling or anything in it and, for that purpose, detain and search the person.

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LEPRA s 83

**power to apply for warrant to enter dwelling where immediate entry needed to investigate/prevent DV offence + entry refused **

(1) A police officer may apply to an authorised officer for a warrant if the police officer—

(a) has been denied entry to a specified dwelling or is expressly refused authority to remain in a specified dwelling by an occupier of the dwelling, and

(b) the police officer suspects that—

(i) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and

(ii) it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.

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LEPRA s85
85 do the 5

Powers that may be exercised on entry into premises
Investigate a DV offence

Render first aid

Arrest a person

Prevent a DV offence

Firearms – inquire, search and seize – MUST BE DONE!!! (s 85 (2))

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LEPRA s 86

Police may enter and search for firearms

A police officer who **Is informed that there is no firearm in the dwelling **but who believes on reasonable grounds that there is or are a firearm or firearms in the dwelling, must apply to an authorised officer for the issue of a search warrant.

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LEPRA s 87

Search and seizure powers in dwelling for dangerous articles/implements and was or may be used in DV offences

A police officer who enters a dwelling has the power to search for and seize any dangerous articles/implements police believe are in dwelling + were or may be used in DV offence

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Firearms Act1996 s 22 (2)

** Suspension of licence**

Firearms licenses must be suspended where licensee charged with DV offence or suspected of committing/threatening

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Firearms Act1996 s 23

license automatically suspended on making of interim AVO against person.

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Firearms Act1996 s 24

license automatically revoked if licensee becomes subject of final AVO

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Firearms Act1996 s 25

Persons whose licenses are suspended must surrender firearms and license to police, who can seize them.

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Crimes (Domestic and Personal Violence) Act 2007 s4

Definition personal violence offence

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MISS DORA

Crimes (Domestic and Personal Violence) Act 2007 s 5

definition domestic relationship
[MISS DORA]
- 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 including their kinship

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definition intimidate

Crimes (Domestic and Personal Violence) Act 2007 s 7

conduct (including cyberbullying) amounting to harassment or molestation of the person, or

(1) Intentionally disclosing or threatening to disclose without the person’s consent, known as “outing”—

(a) sexual orientation,

(b) gender history,

(d) that the person lives with HIV,

(e) that the person is, or has been, a sex worker.

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Crimes (Domestic and Personal Violence) Act 2007 s 8

definition stalking

(a) the following of a person about,

(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,

(b1) the monitoring or tracking of a person’s activities, communications or movements—

(i) whether by using technology or in another way, and

(ii) whether or not the monitoring or tracking involves contacting or otherwise approaching the person,

Crimes (Domestic and Personal Violence) Act 2007 s 11

definition domestic violence offence

domestic relationship + perosnal violence offence

Crimes (Domestic and Personal Violence) Act 2007 s 13

Stalking or intimidation with intent to cause fear of physical or mental harm

Crimes (Domestic and Personal Violence) Act 2007 s 14

Offence of contravening apprehended violence order
(1) A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.
Maximum penalty—Imprisonment for 2 years or 50 penalty units, or both.

stalk and intimidate, what are the elements?

Elements:
- The accused
- Stalks or Intimidates (as defined in s8 / s7)
- Another person (the victim)
- Intending to cause the other person to fear physical or mental harm to themselves or a person they have a domestic relationship to

What are the categories of personal violence offences?
IBADGASO

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

What are the 4 types of AVO?

Provisional
Interim
Non-Urgent
Final

# P,E,S,T ,S,E,C the dynamics of DV

* Physical violence * Emotional/psychological abuse * Sexual violence * Threats and Intimidation * Social abuse * Economic deprivation * Coercive control

# B,S,E,R,P,H What are the stages of the domestic violence cycle

1. Build up phase - increase in tension 2. Standover phase - control and fear 3. Explosion 4. Remorse phase - justification, minimisation, guilt 5. Pursuit phase - pursuit and promises 6. Honeymoon phase

Crimes (Domestic and Personal Violence) Act 2007 s 27 (DSC)

**Obligation to apply for provisional order in certain circumstances** D - DV offence S - Stalking / intimidation C - Child abuse offence

Exceptions to not giving a PVO

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 must police announce when entering a private premises using DV powers, in order for this entry to be lawful? (MASA)

M - Make presence known A - Announce their office S - State the reason for entry A - Allow adequate time to comply* Notice of your Presence (ringing doorbell, knocking)

What are the three mandatory orders included in every AVO?

**(ASI)** Must not - Assault or threaten to assault PINOP - Stalk, harass, intimidate PINOP - intentionally/recklessly destroy or damage property of or possessed by PINOP Extra conditions (non exhaustive): - approach or contact PINOP - approach places frequented by PINOP - be in company of PINOP within 12 hours of intox

Define Domestic violence

Domestic Relationship + Personal Violence Offence

Explain the DVSAT (Domestic Violence Safety Assessment Tool)

Domestic Violence Safety Assessment Tool * Identifies the threat level of FUTURE HARM to DV victims * 25 QUESTIONS * 12 POINTS = HIGH RISK * Applies to both male and female victims aged 16 years and over * Part A & B: Intimate relationships * Part B: Non-intimate relationships

# Domestic Violence Evidence in Chief 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

# RRAT What are the advantages of DVEC?

Advantages of DVEC * Reduce trauma * Reduced difficulty in remembering details * Accurate account * Time savings for victims

ADVO

** Apprehended Domestic Violence Order** An order from the court (or Sergeant in the case of a provisional ADVO)

What is APVO?

Apprehended Personal Violence Order

# Apprehended Personal Violence Order What is the purpose of a APVO?

Purpose of a APVO To protect people not in a domestic relationship

Explain what a interim AVO is

Interim AVO * 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?

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?

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

What are the four ways to prove service of the order?

Prove service of the order 1. A statement of service 1. An affidavit of service 1. Evidence of service 1. Proof that it was served in the court

# F,S,B,R,L,L,S Why do victims of DV find it hard to speak out?

* Fear * Shame / embarrassment * Bond to their partner * Religious / cultural belief * Lack of knowledge / options * Lack of resources * Social isolation

What is s 89 of Crimes (Domestic and Personal Violence) Act 2007

Detention of defendant for making and service of interim apprehended personal violence order (1) A police officer can give the following directions to the person against whom the order is sought— (a) that the person remain at the scene where the incident occurred that was the reason for making the application, (b) in a case where the person has left the scene of that incident—that the person remain at another place where the police officer locates the person. (2) If a person refuses or fails to comply with a direction under this section, the police officer who gave the direction or another police officer may detain the person at the scene of the incident or other place, or detain the person and take the person to a police station.