DV Flashcards
The DV Act states there are 4 types of relationships, what are they?
Domestic
Family
Intimate personal
Carers
What are the 6 definitions of domestic violence conduct stated in the act?
- Conduct causing harm
- damage to property, including injury or death to an animal
- intimidation
- stalking
- economic abuse
- attempting or threatening any of the above
Can a DVO be slight against a person when there action a counselled or procured through another person?
Yes
Is sending offensive material to a person deemed to be intimidation?
Yes
How many seperate occasions of intentionally following, watching, approaching the place where a person lives or regularly goes for social activities is considered stalking?
2
Explain S126 of the PAA - power to enter or make arrest?
A member of the police force may
By responsible force if necessary
Enter a place
If he believes in reasonable grounds, that
A person at the place had suffered, is suffering or is in imminent danger of suffering personal injury at the hands of another, or
A contravention of a DVO has occurred, is occurring or is about to occur, and remain at the place and take reasonable action the member considers necessary to:
- Verify the grounds of the members belief
- Ensure in the members mind the danger no longer exists
- to prevent a breach of the peace or DVO
- where a person has suffered personal injury, to give or arrange assistance to that person as is reasonable in the circumstances
DV act S84 sub parra 1 - powers to remove and detain
Explain when you can remove and detain someone?
(A,B and C) and how long can you detain them?
A - a police officer reasonably believes; grounds exist for making a DVO , and
Imminent risk of harm to another person or damage to property, including the injury or death of an animal
B - to give the person a copy of the DVO
C - until an application for the variation of a DVO can be made and decided
You can detain them for up to 4 hours. Longer if they are intoxicated.
DV general order Para 33, what supporting documents do you need for a Prima facie case to exist and MUST prosecution commence?
VW MO
Victim impact statement
Witness statement
Medical statement
Other forms of corroborative evidence
No - parra 33 only states prosecution SHOULD commence
S41 of the DV act states circumstances (4) an authorised officer can make a DVO application, what are they?
1 - to ensure a persons safety
2 - urgent circumstances
3 - not practicable to obtain a local court DVO
4 - local court might have reasonably issued the DVO if it was practicable to do so
What is the person called against the order is sought
Defendant
Is there only one defendant per order, TRUE or FALSE?
TRUE
What is the minimum age you can issue a DVO to (defendant)?
15 years old
Who is the authorised officer for a S41?
Senior Sargent or OIC (or acting as)
What must you do after a S41 is made and when giving it to the defendant?
- Give copy to the defendant and protected person
- send original to the court
When serving the defendant you must explain;
- the effects of the DVO including any restrictions or obligations
- consequences if they break the DVO
- there right to apply for a review of the order
