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
