Domestic Violence Flashcards
Dangerous Article (LEPRA s. 3)
- 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
Dangerous Implement (LEPRA s. 3)
- Dangerous article
- Made or adapted for use of causing injury
- Intended to menace, injure or damage property
- Laser pointer
- Knife
The Power and Control Wheel of Domestic Violence
- Pursuit phase
- Honeymoon phase
- Build-up phase
- Stand-over phase
- EXPLOSION
- Remorse phase
Personal Violence Offences (BADGASO)
- Breach of AVO
- Assault
- Damage to property
- Guns (causing danger or firing at dwelling)
- Attempts at any of these
- Stalking or intimidation
- Other offences
Dynamics of Domestic Violence (PEESST)
- Physical violence
- Emotional and psychological abuse
- Economic deprivation
- Sexual violence
- Social abuse
- Threats and intimidation
Meaning of a Domestic Relationship (MISS DORA)
- 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
What constitutes a Domestic Violence Offence?
Domestic Relationship + Personal Violence Offence
What is a DVSAT and who does it apply to?
Domestic Violence Safety Assessment Tool
Part A applies only to intimate victims 16 years or older
Part B applies to all domestic violence victims
Stalking and Intimidation Elements
Crimes (Domestic and Personal Violence) Act 2007 s. 13
- The accused
- Stalks or intimidates the victim
- With intent to cause fear of physical or mental harm
Entry in Emergencies
LEPRA 2002 s. 9
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
Entry for Arrest, Arrest Warrant or Dentention
LEPRA 2002 s. 10
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
Entry by Invitation
LEPRA 2002 s. 82
- 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
Entry by Domestic Violence Warrant
LEPRA 2002 s. 83
- 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
Powers Exercised on Entry
LEPRA 2002 s. 85
- Prevent a domestic violence offence
- Investigate a domestic violence offence
- Render aid to injured
- Arrest
- Inquire, search for and seize firearms
Search Warrant - Firearms
LEPRA 2002 s. 86
A warrant allows police to enter and search for, seize and detain firearms
Domestic Violence Search and Seizure Powers
LEPRA 2002 s. 87
Dangerous article/implement (not laser pointer) that currently or previously or may be used to commit a domestic violence offence
What is an Apprehended Violence Order?
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)
4 Types of AVO’s
- Provisional
- Interim
- Non-urgent
- Final
Provisional AVO
- Police believe there are immediate fears for victim’s safety
- Remains in force until revoked, withdrawn, dismissed or an interim/final order is served
Crimes (Domestic and Personal Violence) Act 2007 s. 27
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
Interim AVO
- 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
Non-Urgent AVO
- A summons to appear before the court for an application to seek an order
- No immediate safety concerns
Crimes (Domestic and Personal Violence) Act 2007 s. 49
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
Crimes (Domestic and Personal Violence) Act 2007 s. 89 & 89A)
Detention and direction of defendant for making and serving a provisional AVO
Information included in AVO’s
- General history (children, violence and types of abuse)
- Specific examples of violence (most recent and serious)
- Previous orders
- Fears of police/PINOP
Mandatory Orders in AVO’s
- Assault or threaten
- Stalk, harass or intimidate
- Intentionally or recklessly damage or destroy property
4 Major Types of Child Abuse
- Physical (e.g. broken bones)
- Sexual (e.g. bruising to genital areas)
- Psychological (e.g. making them feel worthless)
- Neglect (e.g. not feeding enough/at all)
Meaning of Consent in relation to Sexual Offences
Crimes Act 1900 s. 61HE
The person freely and voluntarily agrees to sexual activity
Sexual Act Elements
Crimes Act 1900 s. 61KE
- The accused
- Without consent
- Knowing they had no consent
- Carried out a sexual act
Meaning of Sexual Act
Crimes Act 1900 s. 61HC
An act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual
Sexual Touching Elements
Crimes Act 1900 s. 61KC
- The accused
- Without consent
- Knowing they had no consent
- Sexually touched the victim
Meaning of Sexual Touching
Crimes Act 1900 s. 61HB
Touching another person in circumstances where a reasonable person would consider the touching to be sexual
Circumstances of Aggravation for Sexual Act and Touching
- In company of another person
- Victim is under the authority of the offender
- Victim has a serious physical disability
- Victim has a cognitive impairment
Sexual Assault Elements
Crimes Act 1900 s. 61I
- 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
Circumstance of Aggravation for Sexual Assault (AVOCADO DC)
- 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
Act of Indecency Elements
Crimes Act 1900 s. 61N
- The accused
- Committed an act of indecency
- With or towards another person
Indecent Assault Elements
Crimes Act 1900 s. 61L
- 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
Children and Young Persons (Care and Protection) Act 1998 s. 27
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
Child or Young Person at Risk of Significant Harm (ROSH)
Children and Young Persons (Care and Protection) Act 1998 s. 23
- 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
