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ADPP Law Final > Domestic Violence > Flashcards

Domestic Violence Flashcards

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1
Q

Dangerous Article (LEPRA s. 3)

A
  • Prohibited under Weapons Prohibition Act
  • Spear gun
  • Device (not a firearm) capable of discharging irritant or capable of bodily harm
  • Firearm, spare barrel or ammunition
  • Detonator or fuse capable of use with explosive or detonator
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2
Q

Dangerous Implement (LEPRA s. 3)

A
  • Dangerous article
  • Made or adapted for use of causing injury
  • Intended to menace, injure or damage property
  • Laser pointer
  • Knife
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3
Q

The Power and Control Wheel of Domestic Violence

A
  • Pursuit phase
  • Honeymoon phase
  • Build-up phase
  • Stand-over phase
  • EXPLOSION
  • Remorse phase
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4
Q

Personal Violence Offences (BADGASO)

A
  • Breach of AVO
  • Assault
  • Damage to property
  • Guns (causing danger or firing at dwelling)
  • Attempts at any of these
  • Stalking or intimidation
  • Other offences
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5
Q

Dynamics of Domestic Violence (PEESST)

A
  • Physical violence
  • Emotional and psychological abuse
  • Economic deprivation
  • Sexual violence
  • Social abuse
  • Threats and intimidation
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6
Q

Meaning of a Domestic Relationship (MISS DORA)

A
  • Marriage
  • Intimate personal relationship
  • Same household
  • Same residential facility (not including gaols)
  • De-facto partner
  • Ongoing dependence or care of person
  • Relative
  • ATSI extended family or kin
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7
Q

What constitutes a Domestic Violence Offence?

A

Domestic Relationship + Personal Violence Offence

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8
Q

What is a DVSAT and who does it apply to?

A

Domestic Violence Safety Assessment Tool
Part A applies only to intimate victims 16 years or older
Part B applies to all domestic violence victims

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9
Q

Stalking and Intimidation Elements

Crimes (Domestic and Personal Violence) Act 2007 s. 13

A
  • The accused
  • Stalks or intimidates the victim
  • With intent to cause fear of physical or mental harm
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10
Q

Entry in Emergencies

LEPRA 2002 s. 9

A

Police may enter a premises on reasonable suspicion that the following is occurring or likely to occur:

  • Breach of the peace
  • Person has suffered significant injury
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11
Q

Entry for Arrest, Arrest Warrant or Dentention

LEPRA 2002 s. 10

A

Police may enter and stay for a reasonable amount of time to:
-Detain a person under an Act
-Arrest a person
Police may search premises for person

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12
Q

Entry by Invitation

LEPRA 2002 s. 82

A
  • Police invited into a dwelling may stay to investigate or prevent a domestic violence offence
  • So long as police believe on reasonable grounds that a domestic violence offence is occurring, recently occurred or is imminent
  • If permission is removed, police may stay to exercise powers until a warrant is issued
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13
Q

Entry by Domestic Violence Warrant

LEPRA 2002 s. 83

A
  • Police may apply for a warrant if they believe on reasonable grounds that a domestic violence offence is occurring, recently occurred or likely to occur
  • Must have been denied entry or refused authority to stay
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14
Q

Powers Exercised on Entry

LEPRA 2002 s. 85

A
  • Prevent a domestic violence offence
  • Investigate a domestic violence offence
  • Render aid to injured
  • Arrest
  • Inquire, search for and seize firearms
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15
Q

Search Warrant - Firearms

LEPRA 2002 s. 86

A

A warrant allows police to enter and search for, seize and detain firearms

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16
Q

Domestic Violence Search and Seizure Powers

LEPRA 2002 s. 87

A

Dangerous article/implement (not laser pointer) that currently or previously or may be used to commit a domestic violence offence

17
Q

What is an Apprehended Violence Order?

A

An order from the court (or a sergeant) that places restrictions on a person in order to protect a person in need of protection (PINOP)

18
Q

4 Types of AVO’s

A
  1. Provisional
  2. Interim
  3. Non-urgent
  4. Final
19
Q

Provisional AVO

A
  • Police believe there are immediate fears for victim’s safety
  • Remains in force until revoked, withdrawn, dismissed or an interim/final order is served
20
Q

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

A

Obligation to apply for provisional order in certain circumstances

  • Police officer must apply if there is reasonable suspicion that one of the following is occurring, has occurred or is imminent:
    1. Domestic Violence offence
    2. Stalking or intimidation
    3. Child abuse offence
21
Q

Interim AVO

A
  • Court made order based on commission of certain offences mentioned in s. 40 of CDPVA 2007
  • Made when it is necessary for someone to have temporary protection
22
Q

Non-Urgent AVO

A
  • A summons to appear before the court for an application to seek an order
  • No immediate safety concerns
23
Q

Crimes (Domestic and Personal Violence) Act 2007 s. 49

A

Non-urgent order must be made if a police officer believes or suspects that a domestic violence offence has been or is likely to be committed against the person in need of protection

24
Q

Crimes (Domestic and Personal Violence) Act 2007 s. 89 & 89A)

A

Detention and direction of defendant for making and serving a provisional AVO

25
Q

Information included in AVO’s

A
  • General history (children, violence and types of abuse)
  • Specific examples of violence (most recent and serious)
  • Previous orders
  • Fears of police/PINOP
26
Q

Mandatory Orders in AVO’s

A
  • Assault or threaten
  • Stalk, harass or intimidate
  • Intentionally or recklessly damage or destroy property
27
Q

4 Major Types of Child Abuse

A
  1. Physical (e.g. broken bones)
  2. Sexual (e.g. bruising to genital areas)
  3. Psychological (e.g. making them feel worthless)
  4. Neglect (e.g. not feeding enough/at all)
28
Q

Meaning of Consent in relation to Sexual Offences

Crimes Act 1900 s. 61HE

A

The person freely and voluntarily agrees to sexual activity

29
Q

Sexual Act Elements

Crimes Act 1900 s. 61KE

A
  • The accused
  • Without consent
  • Knowing they had no consent
  • Carried out a sexual act
30
Q

Meaning of Sexual Act

Crimes Act 1900 s. 61HC

A

An act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual

31
Q

Sexual Touching Elements

Crimes Act 1900 s. 61KC

A
  • The accused
  • Without consent
  • Knowing they had no consent
  • Sexually touched the victim
32
Q

Meaning of Sexual Touching

Crimes Act 1900 s. 61HB

A

Touching another person in circumstances where a reasonable person would consider the touching to be sexual

33
Q

Circumstances of Aggravation for Sexual Act and Touching

A
  • In company of another person
  • Victim is under the authority of the offender
  • Victim has a serious physical disability
  • Victim has a cognitive impairment
34
Q

Sexual Assault Elements

Crimes Act 1900 s. 61I

A
  • The accused
  • Had sexual intercourse with another person
  • Without consent of the other person
  • Knew the other person did not consent to the sexual intercourse
35
Q

Circumstance of Aggravation for Sexual Assault (AVOCADO DC)

A
  • Authority of alleged offender
  • Victim under 16
  • Offensive weapon used to make threats of ABH
  • Company of another
  • ABH is inflicted
  • Disability of a serious physical nature
  • Offence of a serious indictable nature intended during a break and enter
  • Deprivation of liberty
  • Cognitive impairment
36
Q

Act of Indecency Elements

Crimes Act 1900 s. 61N

A
  • The accused
  • Committed an act of indecency
  • With or towards another person
37
Q

Indecent Assault Elements

Crimes Act 1900 s. 61L

A
  • The accused
  • Assaults the victim
  • Commits an act of indecency on or in presence of the victim at the time of the assault, or immediately before or after
38
Q

Children and Young Persons (Care and Protection) Act 1998 s. 27

A

Mandatory Reporters

If a police officer suspects on reasonable grounds that a child is, was or will be at risk of significant harm, the police officer is required to report it

39
Q

Child or Young Person at Risk of Significant Harm (ROSH)

Children and Young Persons (Care and Protection) Act 1998 s. 23

A
  • Physical and psychological needs not met
  • Parents unable or unwilling to arrange medical care
  • Parents unable or unwilling to allow child to receive education
  • Physically or sexual abused or ill-treated
  • Exposed to domestic violence
  • Suffering serious psychological harm or at risk of

ADPP Law Final (4 decks)

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