Domestic Violence Act 1995 Flashcards
What is the definition of:
Minor?
Person between ages of 17-19
Includes: Person under 17 and is or has been married/civil union/ de facto
What is the definition of:
Child?
Person under 17 years of age
But does NOT include a person who has been married/ civil union/ de facto
What is definition of violence?
Physical abuse
Sexual abuse
Psychological abuse
Define psychological abuse:
- Intimidation
- Harassment
- Damage to property
- Threats of physical, sexual and psychological abuse
Define psychological abuse in relation to a child:
- Person causes or allows child to see or hear physical, sexual or psychological abuse of family member of child
- Puts or allows child to be at risk of seeing or hearing this
- Person who suffers abuse isn’t the one subjecting them to it
What is the definition of:
Domestic relationship?
A. Partner of other person
B. Family member
C. Ordinarily shares house with
D. Close personal relationship ( boyfriend/ girlfriend )
Who can apply for a protection order (Applicant) ?
- Person who was or is in domestic relationship
- Representative of a child or on child’s behalf
- Representative of person lacking capacity on persons behalf
- A third party on behalf of the victim
Who is the respondent?
The person who is the subject of the protection order.
Application cannot be brought again child (under 17, and unmarried)
What are the Standard Protection order conditions?
1. VIOLENCE Respondent must NOT - physically, sexually, psychologically abuse protected person - Damage or threaten to damage property - encourage any person to do the above
- CONTACT
- NOT living in same dwelling= automatic non-contact condition - WEAPONS
What are the protection order offences?
49(1)(a)
Any act in contravention of order
49(1)(b)
Failing to comply with any condition
49A(1) failing to attend programme
Regarding Bail conditions, explain the cooling off period:
Person breaching protection order must NOT be released on bail by police during 24 hr immediately following arrest
What does IPV stand for and what is its main mechanism?
IPV = Intimate Partner Violence
This is about power. The abuse ultimately is intended to frighten and degrade the victim, whilst giving the abuser a sense of power and control.
In relation to IPV what are the main characteristics of the offender?
- Male (96%)
- Typically justify their behaviour (“ it was the alcohol”)
- Low self-esteem
- Narrow concept of the male sex role (Man is boss)
- Project strong self-confident image but different around family
- Possessive and prone to jealousy
- Because of possessiveness and need to control, react with
extreme violence - Very likely to have grown up with family violence
What is the 3 phase cycle of violence?
- Tension (rising tensions and minor battery, threats)
- Acute battering incident (lasts 2-24hrs)
- Calm, loving respite (offender often expresses remorse, promise to change though the more it increases the more frequent.
What does ODARA stand for?
Ontario Domestic Assault Risk Assessment
What does FST, FVC, PAR,POI and a Bound Person mean?
Family Safety Team (Multi-agency) Family Violence Coordinator Person at Risk Person of Interest Person whom a PSO has been issued.
With regards to Protection Orders, define the following:
Occupation Order
Tenancy Order
Ancillary Furniture Order
Occupation Order- gives person in domestics relationship and their children the right to personally and exclusively occupy the dwelling house. (Not for rentals)
Tenancy Order- application can be made regardless whether male is sole tenant if female has moved in joint holders.
Ancillary Furniture Order- gives exclusive possession of any furniture, household appliances and effects in dwelling house ( applicant must have lived in same time as respondent and is or will be living when order is made)
Explain the surrendering of firearms and licences with regards to the respondent of a protection order.
Respondent must:
- As soon as practicable after served order and no later than 24hrs
- On demand made at any time by police
- Any weapon in their possession or under their control
- Any firearms licence
Licences- SUSPENDED when temporary PO issued
REVOKED when PO becomes final order
When can Police Safety Order (PSO) be served?
Where you know there is family violence but there is insufficient evidence.
Any constable can issue but needs to be authorised by Sgt or above.
When dealing with domestic violence what are the options?
- No further action (no family violence has been committed)
- Issue a warning
- Issue a Police Safety Order
- Arrest
What are the considerations when issuing a PSO?
- Domestic violence is being or has been used against person at
risk. - Person is likely to use violence
- Welfare of children
- Hardship caused by PSO
- Any other matter constable thinks is relevant
Outside of the Act:
- previous interactions
- history of mental illness
- presence of history of alcohol/drugs
- propensity to violence
- previous PO’s and PSO’s
With regards to a PSO the ‘person at risk’ also includes:
Any children residing with that person and includes children of the person who the PSO is issued against.
Explain the power to detain regarding a PSO.
A constable intending to issue a PSO may detain a person for a time not exceeding 2 hours.
They must be given rights/caution
If they refuse to remain $500 fine
Power to arrest section 214I(2)(b)
Explain the time durations for a PSO.
In force immediately for no longer than 5 days. (First consider 24hrs then relevant factors)
Must be served within 48hrs
Explain contravention of a PSO.
There is no offence as such (power of arrest) however person can be taken into custody to be brought before the court.
If the person taken into custody cannot be brought before the court in 24hrs then they must be released and served with a summons.
Under what circumstances can an arrest be made in relation to a PSO?
- Sect 124I(2) fails or refuses to remain at a place where they have been detained. (While PSO is being issued within the 2 hrs)
- Warrant to arrest by court where person has failed or refused to comply with conditions of order
- NOT and arrest as such but…
Sect 124L: If person fails or refuses to comply with any condition they can be “taken into custody”
