DV Flashcards
Phases of the Cycle of Violence
- Build-up
- Stand-over
- Explosion
- Remorse
- Pursuit
- Honeymoon
Personal Violence Offences (IBADGASO)
- Intimate images
- Breach AVO
- All manner of assaults
- Damage to property
- Guns
- Attempts at these things
- Stalking/Intimidation
- Other offence
Entry powers for DV Offence
- An emergency (under LEPRA 2002 (NSW), Section 9)
- To lawfully arrest or detain a person, or to execute warrant (LEPRA s.10)
- Invitation from the owner/occupant (until revoked) (LEPRA s.82)
- Execution of an entry warrant (LEPRA s.83 issued by an authorised Justice)
DV Powers that may be exercised on entry to premises under LEPRA s.85
1.
(a) to investigate whether a domestic violence offence has been committed
(b) to render aid to any person who appears to be injured
(c) to arrest a person
(d) to prevent further domestic violence offence
2.
Must inquire about firearms and take action to seize and detain if informed that there are firearms
3.
Only stay as long as necessary to do things in this part.
Types of domestic relationships
M - Marriage I - Intimate S - Same household S - Same long term residential D - De-facto O - Ongoing dependant care R - Relative (Full/half/step/in-law) A - ATSI (Kinship)
Firearm powers (Firearms Act + LEPRA)
s. 22 - Suspension of licence
s. 23 - Suspension of licence on the making of an interim AVO
s. 25 - Surrender and seizure of firearms when a licence is suspended of revoked
s. 212 LEPRA - Application for the return of seized dangerous articles or confiscated dangerous implements
Types of AVO
- Provisional - applied for by police
- Interim
- Non-urgent - court order usually applied for by PINOP
- Final
Mandatory orders in every AVO
- must not assault or threaten
- must not stalk, harass or intimidate
- must not intentionally or recklessly destroy or damage property