Domestic Violence #2 Flashcards
What is an AVO - Apprehended Domestic Violence Order?
An order from the court (provisional AVOs may also be granted by a Sergeant or above),
which place restrictions or prohibitions on one person (the defendant) in order to protect another (victim/person in need of protection – PINOP).
What is the purpose of a ADVO?
Apprehended Domestic Violence Order
Protect people in domestic relationships.
What are the four types of AVO’s?
Four types of AVO’s
- Provisional AVO
- Interim AVO
- Non-urgent AVO
- Final AVO
What is the purpose of a APVO?
Apprehended Personal Violence Order
To protect people not in a domestic relationship
(for example neighbours, work colleagues).
Are ADVOs and APVOs the same?
ADVOs and APVO’s fall under the umbrella term of AVOs
What is an Apprehended Violence Order (AVO)?
An AVO contains a number orders that can be placed on a defendant. The orders can be divided into the following: -
Orders about the defendant’s:
Behaviour
Conduct
Parenting
Orders where the defendant cannot go
Orders about weapons
Other orders
Explain a Provisional AVO?
*Granted by a senior police officer,
Sgt or above, or the central justice
panel
*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*In force until revoked, withdrawn,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
Advantages of Provisional AVO?
*Immediate protection for the
protected person
*Police rather than the protected
person have initiated proceedings
against the defendant
*Police preparing and submitting the
application before the court
*The protected person receives
support / advice from a NSWPF
Domestic Violence Liaison Officer
(DVLO)
*The protected person is
represented by a police prosecutor
*The protected person will not need
to engage a solicitor for the court
process involving the ADVO
application
Explain what a interim AVO is?
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?
Can be applied for by any person
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 or,
There is no immediate fears for the persons safety
Not appropriate for child abuse, stalking, intimidation or a DV offence
What is a 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 three mandatory orders included in every AVO?
(ASI)
(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
When Should Police Apply for an AVO?
A police officer must apply for an order if they suspect or believe;
- A DV offence or child abuse offence has recently been
or is being committed,
or is imminent, or is likely to be committed, or
proceedings have been commenced against a person for an offence listed above against the person for whose protection an order would be made and
The police officer has good reason to believe an order needs to be made immediately to ensure the safety and protection of the person or to prevent substantial damage to any property of that person.
What information must be included on AVOs?
(GP FIRE)
(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.
What is Section 13A of LEPRA?
LEPRA Section 13A
“13A AVO IN PLAY”
Identity of suspected AVO defendant may be required to be disclosed
A police officer may require a person whose identity is unknown to disclose their identity if the police suspect on reasonable grounds that an AVO has been made against the person.
Section 13B - Failure of person to disclose identity on requirement
Section 13C - False or misleading information about identity
What is Section 68 of LEPRA?
(MASA)
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
Explain the necessary powers available to police regarding the direction and detention of defendants in domestic situations
ancillary?
Define “Duty of Care” ?
Taking all reasonable steps to ensure the safety and well-being of others.
Taking all REASONABLE steps to avoid acts or omissions which could be REASONABLY FORESEEN to harm a person/s.
What is custody?
Duty of care: Custody - explain?
Examples of someone in custody?
To be in the care and control of police, at a police station or another place of detention
You are accountable for your duty of care towards people under arrest and others in your custody at any time.
Remember, your duty of care requires reasonable steps to be taken to ensure the ongoing safety and welfare of a person released from custody.
The person must be capable of caring for themselves or arrangements made for someone to care for them.
Examples of custody:
1. detaining a person for the purpose in involuntary treatment under the mental health act 2007
- detention of an intoxicated person under LEPRA
Duty of care: Control - explain?
Includes both compliance and controlled compliance
Control simple refers to situations where police have control over someone else.
Duty of care: Negligence - explain?
When a person doesn’t take reasonable care to avoid harm likely to occur to other people or their property.
Negligence has two components:
Reasonableness and
Foreseeability
Explain the difference between Arrest and detention?
Examples:
Arrest:
Where police make it plain that the person they are arresting is not free to leave
Example:
Arresting a person for and assault on their partner.
Detention:
The time taken to evoke a legal process.
Example:
A person search under Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Section 21,
Implications Part 9 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ?
*to provide for the period of time that a person who is under arrest may be detailed
*to authorise the detention of a person who is under arrest for such a period despite any requirements imposed by law to bring the person before a magistrate or other authorised officer or court without delay or within a specific period of time
*to provide for the rights of a person so detailed
*to provide for the rights of a suspect who is in the company of a police officer in connection with an investigation procedure but who is not so detained (protected suspect)
