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Domestic Violence > Domestic Violence #2 > Flashcards

Domestic Violence #2 Flashcards

1
Q

What is an AVO - Apprehended Domestic Violence Order?

A

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).

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2
Q

What is the purpose of a ADVO?

Apprehended Domestic Violence Order

A

Protect people in domestic relationships.

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3
Q

What are the four types of AVO’s?

A

Four types of AVO’s

  1. Provisional AVO
  2. Interim AVO
  3. Non-urgent AVO
  4. Final AVO
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4
Q

What is the purpose of a APVO?

Apprehended Personal Violence Order

A

To protect people not in a domestic relationship

(for example neighbours, work colleagues).

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5
Q

Are ADVOs and APVOs the same?

A

ADVOs and APVO’s fall under the umbrella term of AVOs

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6
Q

What is an Apprehended Violence Order (AVO)?

A

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

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7
Q

Explain a Provisional AVO?

A

*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*In force until revoked, withdrawn,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

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8
Q

Advantages of Provisional AVO?

A

*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

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9
Q

Explain what a interim AVO is?

A

An order made by the court

In force until revoked or a final order AVO has been made

Temporary

Serious offences

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10
Q

What is a Non-Urgent AVO?

A

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

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11
Q

What is a Final AVO?

A

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

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12
Q

What are the three mandatory orders included in every AVO?

(ASI)

A

(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

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13
Q

When Should Police Apply for an AVO?

A

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.

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14
Q

What information must be included on AVOs?

(GP FIRE)

A

(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.

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15
Q

What is Section 13A of LEPRA?

A

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

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16
Q

What is Section 68 of LEPRA?

(MASA)

A

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

17
Q

Explain the necessary powers available to police regarding the direction and detention of defendants in domestic situations

A
18
Q

ancillary?

A
19
Q

Define “Duty of Care” ?

A

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.

20
Q

What is custody?

Duty of care: Custody - explain?

Examples of someone in custody?

A

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

  1. detention of an intoxicated person under LEPRA
21
Q

Duty of care: Control - explain?

A

Includes both compliance and controlled compliance

Control simple refers to situations where police have control over someone else.

22
Q

Duty of care: Negligence - explain?

A

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

23
Q

Explain the difference between Arrest and detention?

Examples:

A

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,

24
Q

Implications Part 9 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ?

A

*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)

25
Q

Identify vulnerable persons in relation to custody?

A

(a) children

(b) persons who have impaired intellectual functioning

(c) persons who have impaired physical functioning

(d) persons who are Aboriginal persons or Torres Strait Islanders

(e) persons who are of non-English speaking background, but does not include a person whom the custody manager reasonably believes is not a person falling within any of those categories

26
Q

What is DVSAT?

A

Domestic Violence Safety Assessment Tool (DVSAT)

*A tool developed for police to identify the threat level of future harm to domestic violence victims

*captures information that allows police at the scene to assess the level of threat to a domestic violence victim

*entered into WebCOPS

*forwarded to other agencies who are able to further assist and support the victim

*25 QUESTION - more than 12 questions answered yes ??

27
Q

Who is part A of the DVSAT for specifically?

A

‘intimate partner’ DV incidents

28
Q

Who is part B of the DVSAT for specifically?

A

All DV incidents (intimate and non-intimate)

29
Q

What are the five basic underlying themes to the question in part A of the DVSAT?

A
  1. The background/current
    environment of the offender/partner
  2. The threat of violence
  3. The dynamics of the specific relationship
  4. The presence of children
  5. Sexual behaviours/assault
30
Q

What is part B questions in a DVSAT for?

A

5 questions which require answering in Web COPS, when completing a Domestic Violence related incident

31
Q

What is a SAM?

A

A Safety Action Meeting (SAM)

*fortnightly meeting of government and non-government service (NGO) providers that aim to prevent or lessen serious threats to the life, health or safety of domestic violence victims and their children.

32
Q

What is DVEC?

A

Domestic Violence Evidence in Chief

*(DVEC) is a video or audio recorded statement taken from a DV complainant in relation to a DV offence as soon as practicable after the offence

*admissible as all or part of the complainant’s evidence in chief at court

33
Q

Key points regarding DVEC are?

A
  • Allowing a video or audio recorded statement to be admissible in court marks a fundamental change in how the law treats victims of domestic violence

*Conveys to the court the demeanour of the victim and what the victim actually experienced at the time of the intervention by police

*Allowing the recorded statement to be played to the court removes any barriers to the victim giving full and free evidence at court in front of the offender

34
Q

Advantages of Using DVEC?

A
  1. Reduced trauma for victims in recounting evidence
  2. Reduced difficulty in remembering the details of the incident
  3. Bring the demeanour and the experience of the victim
  4. Reduce or eliminate any intimidation on the victim
  5. Increased pleas of guilty and increased conviction rates
  6. Time savings for both police and victims
35
Q

Risks with Using DVEC?

A
  1. Inadmissible evidence: if police fail to follow the correct procedure
  2. Failed prosecutions: evidence being ruled inadmissible can in turn lead to failed prosecutions
  3. Victims left with no protection
  4. Costs awarded upon adjournment or dismissal
  5. Adverse publicity and reaction
36
Q

Important factors that investigating police need to be aware of before considering the use of DVEC: -

A
  1. Alcohol and drugs
  2. Emotional trauma the victim may experience
  3. Presence of children
  4. Presence of defendant
  5. Injuries or medical treatment
  6. the welfare of the complainant takes priority over the investigation
  7. Develop rapport with the complainant
  8. Favourable interview location.
37
Q

Best Practice When Obtaining DVEC Evidence?

A
  1. Is the victim suitable for DVEC (state of mind at the time)
  2. Establish the basics
  3. Victim is aged 16 years or over
  4. Prepare the victim:
    -build rapport
    -show empathy
    -explain the evidence is important
    and to speak clearly

Domestic Violence (2 decks)

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