Domestic Violence Flashcards
Domestic Violence Offence (Formula)
Domestic relationship + personal violence offence
s. 3 LEPRA: Dangerous Article (Prohibited SAFE)
P – Prohibited under the Weapons Prohibition Act
S – Spear gun
A – Device (not a firearm) capable of discharging any irritant or capable of bodily harm
F – Firearm, spare barrel, ammunition
E – Detonator or fuse capable of use with an Explosive or detonator
S. 3 LEPRA – Dangerous Implement (Dangerous MILK)
D – Dangerous article
M – Made or adapted for the use of causing injury
I – Intended to menace, injure or damage property
L – Laser pointer
K – Knife
Power and Control Wheel
Honeymoon phase -> Build-up Phase -> Stand Over Phase -> EXPLOSION -> Remorse Phase -> Pursuit Phase
What does DVEC stand for?
Domestic Violence Evidence in Chief
What does DVSAT stand for?
Domestic Violence Safety Assessment Tool
What is a domestic relationship? MISS DORA
M – Marriage to the other person
I – Intimate personal relationship to the other person (whether or not sexual in nature)
S – Same household as the other person
S – Same residential facility (at the same time) as the other person. NOT including gaols
D – De-facto partner to the other person
O – Ongoing dependence or care of the other person
R – Relative of the other person
A – ATSI extended family or kin
What is a personal violence offence? (BAD GASO)
B- Breach of apprehended violence order A- Assaults D- Damage to property G-Guns A- Attempts at these things (s.4) S- Stalking and Intimidation O- Other offence
Stalking or Intimidation elements:
The accused
Stalked or intimidated the victim
With intent to cause fear of physical or mental harm
Entry Powers: Lepra 9
Power to enter in emergencies
prevent harm being done to a person, to prevent property damage, or to stop a disturbance
enter immediately if a person has suffered significant injury, or is in imminent danger of suffering injury
Entry Powers: Lepra 10
Power to enter to arrest, detain someone or execute a warrant.
Lepra 68: Proper Announcement (MASA)
Police must: Make presence known/knock Announce their office State the reason for entry Allow adequate time to comply.
Entry Powers: Lepra 82
Entry by invitation
Entry Powers: Lepra 83
Warrant where entry denied or authority to remain refused
What does Lepra 82, Subsection 3 allow police to do?
It allows police to remain on the premises when applying for a warrant under lepra 83. They cannot investigate but they are to keep the peace and preserve evidence. This can only occur if they believe a DVO has occurred.
Section 85 Lepra
Section 85 provides police with the authority to search and seize under such circumstances without warrant. Firearms.
Section 86 Lepra
Police to apply for warrant to search for firearms.
Section 87 Lepra
Search and seize and dangerous article or implement.
What is an AVO? Apprehended Violence Order?
An order from the court (or sergeant in the case of a provisional AVO) that places restrictions on a person (defendant) in order to protect the PINOP
What is a Provisional Avo?
Served by the police. Must be approved by a Sgt or above.
What is an Interim Avo?
An order made by the court based on the commission of certain offences, serious offences
What is a Non-urgent Avo?
Is not an order but a summons to appear before the court for an application to seek an order.
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 application.
When are police obliged to apply for a Provisional AVO? (Dead Shit Carer)
(1) PO must apply for a Provisional AVO if there is reasonable suspicion the following is occurring, has occurred, is imminent or likely against the PINOP:
• D – DV offence
• S – Stalking / Intimidation
• C – Child abuse offence
Mandatory orders included in every AVO?
Must not assault, molest, harass, threaten or otherwise interfere with the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship
Must not engage in conduct that intimidates the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship
Must not stalk the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship
First Response Duties for a sexual assault (DRS SPINE)
Duty officer to be notified
Respectful/supportive of the victim
Safety of the victim
Sexual Assault Service Hospital/SAIK (Sexual assault investigation kit)
Privacy of the victim
Identify and preserve crime scene
Notebook (contemporaneous note/observations only, and if victim identifies a person/place/thing)
Eat/drink/wash (advise the victim not to do those things)
Circumstances of Aggravation for Sexual Assault
- Inflicts Actual Bodily Harm
- Threatens to inflict ABH with an offensive weapon or instrument
- Threatens to inflict Grievous Bodily Harm or wounding
- Company of another person
- under the age of 16 years
- victim is under the authority of the alleged offender
- victim has a serious physical disability
- victim has a cognitive impairment
- offender breaks and enters into any dwelling-house or other building
- deprives them of their liberty before or after
What are the 4 types of Child Abuse (PPSN)
- Physical Abuse
- Psychological abuse
- Sexual Abuse
- Neglect
Criteria to remove a child from the care of a parent. Children and Young Persons (Care and Protection) Act 1998 s.43 (1)
The person must be a child or young person – a child is defined as a person who is under the age of 16 years. A young person is defined as a person who is aged 16 years or above, who is under the age of 18 years
The child or young person must be at risk of serious harm
An AVO would not protect them.
Children and Young Persons (Care and Protection) Act 1998 s.43 (2)
Removal of a child if: the child is living in or habitually frequenting a public place, the police officer may remove the child from any public place.
Children and Young Persons (Care and Protection) Act 1998 s.43 (3)
Removal of a child or young person if:
is or has recently been on any premises where prostitution or acts of child prostitution take place or where persons are used for the production of child abuse material, or
is or has recently been participation in an act of child prostitution in any place or is being or has recently been used for the production of child abuse material in any place.
Dynamics of domestic violence (PEESST)
P – Physical violence E – Emotional and psychological abuse E – Economic deprivation S – Sexual violence S – Social abuse T – Threats and intimidation
4 Types of Avo’s?
Provisional, interim, non-urgent, final.
Intimate Relationship
People who are in an intimate relationship:
- Married
- Engaged to be married
- Divorced
- Separated
- De-facto partners
- Dating
- Promised to each other under cultural religious
s. 8 CDPVA - Stalking
Following a person Watching a person Frequenting the vicinity or on approach of there person's: - place of residence - business or work - area of social/ leisure activity
s. 7 CDPVA - Intimidation
- Conduct amounting to the harassment or molestation of the person
- any approach made by the person by any means that causes the person to fear for his or her safety.
- any conduct that causes a reasonable apprehension of:
- injury to any person
- violence or damage to any person or property
Avo application details (FIRE HP)
Fears of police or PINOP Issues such as; family law, drugs and alcohol, mental health, firearms, weapons Relationship between PINOP and defendant Examples of violence used History of children, violence and abuse Previous AVO's
Section 61A Crimes Act: Sexual assault elements
• The accused
• Had sexual intercourse with another
person
• Without the consent of the other person
• Knew the other person did not consent to
the sexual intercourse.
