DV Flashcards
Section 37 Crimes act
Choking, Suffocation and Strangulation
Section 13 Crimes (domestic and personal violence) NSW 2007
Stalking or Intimidation with intent to cause fear of physical or mental harm.
The defendant
Stalks or Intimidates
Another person (the victim)
Intending to cause the other person to fear
Physical harm, or mental harm
To the victim themselves, or to a person with whom the victim has a domestic relationship
Personal violence offences
I – Intimate images B – Breach of Apprehended Violence Order A – All manner of assaults D – Damage to property G – Guns A – Attempts at these things S – Stalking and Intimidation O – Other Offence
cycle of violence
Build up standover explosion remorse pursuit honeymoon.
Dynamics of domestic violence
STEEPSC
Social abuse threats and intimidation economic abuse emotional or psychological abuse physical abuse sexual abuse coercive force.
section 9 LEPRA
Enter in an emergency
section 82
Entry by invitation
1) may stay if suspected victim allows you to enter premises.
2) May remain on premises as long as required to investigate the incident.
section 10
To lawfully arrest or detain a person or to execute warrant.
section 83
execution of entry warrant.
Section 85
Powers that may be exercised on entry into premises
1_ investigate or prevent a DV offence
- rend aid to anyone
- arrest
- make firearms inquiries.
Sectiom 86
If all the people involved in the domestic incident say that there are no firearms, but police believe on reasonable grounds that there may be firearms, police must apply for a search warrant.
section 87
A police officer may search the dwelling for and detain a dangerous article or implement, as long as:
The police officer has entered the premises lawfully under a power in LEPRA 2002 (NSW)
The police officer believes on reasonable grounds that:
A dangerous article or implement (other than a laser pointer) is in the dwelling, AND
The dangerous article/implement is being, was, or may have been or may be used to commit a domestic violence offence.
Section 22
22- suspension of license
23-
Apprehended Violence Order (AVO)
Umbrella term for ADVO (domestic) and APVO (personal.
Provisional AVO
- Applied for when there is an immediate fear for the safety of the victim.
- Enforced the minute it has been served to the accused.
- Granted by Sergeant or above.