FAMILY HARM Flashcards
FH Principles that guide police practice are…
Early intervention
helps stop or prevent FH
Culturally appropriate
reflects Tikanga
Safety of all parties
particularly victim
Collecting risk information
Accountability
of the pre. aggressor and offender
Working collaboratively
Police bail for family violence offences – primary consideration when deciding whether to grant police bail
Primary consideration is the safety of the victim and their family
Linking victim to appropriate support services
Defendant cooling off period to ensure victim safety
Restrictions on police bail if A protection order is breached
Police Bail must not be granted during the 24 hours immediately following arrest
unless a court hearing his earlier
Policy where police employees involved in family harm
Normal police response applies
Welfare both parties
Shift supervisor informed
Welfare officer informed
If a Police Employees charged or convicted of family violence offending must…
Report immediately by the shift supervisor to the
district employee practice manager and professional conduct manager
Police employees who are respondent of a protection order must…
Send a copy of the order to their district Commander or
national manager or
deputy chief executive people (supt. above)
Please employees who are respondent of a protection order – firearms and weapons – considerations
In rare cases
Please may consider assisting employee with application
Very conditions relating to weapons
When do police family harm policy and procedures (requirements to complete FH investigation in onduty) apply
Only when police attend FH episode and parties involved
Are or have been in
Intimate partner relationship
Or are family members
When can PSO be considered and issued
In all responses to family harm episodes when the parties involved are in
Any domestic relationship
Who is a qualified constable
Sergeant or above
PSO immediate effects
Surrender any weapons & FLIC
Vacate land or building occ. by person at risk
Provide a cooling down period time to seek support
inc applying for temp protection order &
For bound person to seek advice
PSO effect on parenting order
Parenting order suspended
PSO longer effects - Bound person must not…
Engage in family violence behaviour
Make unauthorised contact
Encourage any one to engage in prohibited behaviour
Special circumstances for issuing a PSO against a 16 or 17 year old child
belief necessary to help person at risk to stay safe from serious family violence
AND
total level of concern in onduty is high AND
approval of a senior Sergeant or above AND
the authorising senior Sergeant has consulted with OT
PSO notifying the person at risk of court outcome if not at court by…
making three attempts to telephone call within one hour
Send local unit to complete 4Q follow up
Update NIA record to reflect action taken
PSO bound person absconded timeframes
One month From time of breach to locate the bound person into custody
Then
24 hours to bring them to court
Can a PSO be issued to a child
Only if the child is aged 16 years or older and the order is justified by special circumstances
Serving a PSO when a protection order is in place
An officer can serve a PSO if there is not sufficient evidence to arrest
Duration of a PSO
A PSO cannot exceed 10 days
A starting point is a minimum of 24 hour duration
Then factor in weekends holidays access to support services
PSO issued for a duration longer than five days
Used only for situations where there is a likelihood of serious harm occurring
Where a protection order is being sought
Where victim relocation is being sought
Detention of a person for issuing a PSO
A period of two hours
Remove person from the premises to a police station or place used as a police station (patrol car)
Refusal to remain can be arrested
Unable to serve a PSO on detained person within two hours
Must release the detained person
He then have 48 hours to issue and serve the order on that person
Breaching a PSO is not an offence
what action can you take
Take the person into custody using reasonable force if necessary
Must bring them before the court within 24 hours or release them on summons to appear
Make a complaint to the court requesting order under section 45
When must protection orders be served by police
Firearms license holder
Believe to be in position or have access to firearms
Significant risk to the server
Protection order granted without notice
Condition of every protection order in respect of firearms
Must not possess or have any weapon (firearm airgun pistol restricted weapon ammunition or explosive) under their control
Hold a firearms license
Must surrender within 24 hours of service and on demand made at any time by a constable

Effect of making a protection order on a firearms license
License is deemed to be suspended
When the order becomes final then license is deemed to be revoked
Actions to take if Non-molestation or non-violence order respondent has a firearms license
Notify an inspector or above
To consider revocation of the firearms license
Principles that guide effective responses to family harm
Safety
Information gathering
Accountability
Working collaboratively
