Family Harm Flashcards
What are the 6 core principles that guide Police practice in Family Harm
- Early intervention (eyes wide open at all FH investigations)
- Culturally appropriate
- Safety (all parties, children and officers)
- Collection of risk information (to enable planning, assessment, risk management and guide decisions)
- Accountability (thorough investigation to hold aggressor to account)
- Working collaboratively (with FH specialists in police, multi agencies, police to provide quality info to agencies and active case management)
What does the Duluth power and control wheel highlight
The tactics of abuse most universally experienced by battered women include intimation, isolation, emotional and economic abuse, and using children to manipulate.
As per the Duluth model, what is an example of this intimidation?
Abusers using overt threats and actual harm to animals as a tool to control their family (36.5% of partner violence victims report pet injured or killed)
What are some impacts on children exposed to FH
- Difficulty learning
- Becoming offender or victim
- Increased chance of mental illness
- Suicide
- Increased chance of alcohol and drug abuse,
- Difficulty forming attachment.
What are the primary considerations for deciding on bail for a family violence incident (3)
- Safety of the victim and family members
- Linking victim to support and services
- The possible need for defendant to have cooling off period
What restrictions are there on Police bail regarding person arrested for Breach of Protection Order?
They cannot to be granted Police Bail in 24 hrs following arrest unless there is a court hearing earlier than this where court bail can be determined.
What is the paramount consideration for the court when determining whether to grant bail to some charged with Breach of Protection Order?
The need to protect the victim and all protected persons
A person charged with breaching a protection order cannot receive Police Bail during the 24 hours immeidately following their arrest. What happens at the expiry of that 24 hours if they have not been able to appeared in court?
Pending their court appearance, follow standard procedures for determining whether the person should be granted Police Bail
Who’s permission must be obtained prior to granting Police bail for a family violence offender
Supervisor Sgt and above
What should a prosecutor consider in opposing court bail in family violence cases
The need to ensure:
- Victim and families safety
- Any safety plans in place
What should be considered when the perpetrator of a family harm incident is on EM bail to an address, and as a result of a family incident, is served a PSO?
Consider opposing Perpetrator’s EM bail to that address
Other than a Family Harm investigation, Police Employees who perpetrate family violence will be subject to the processes of what?
The code of conduct
What do Police need to balance when dealing with a Police employee involved in a FH episode?
The Police must balance:
- Its responsibility as an employer to support employees and their families, and
- Act consistently and appropriately, with the public interest and the reputation of Police in mind.
When a police employee is involved in a family harm episode, what two simultaneous actions should occur?
- The normal Police response applies
- Welfare considerations for both parties, and the shift supervisor, where appropriate, refer the matter to the welfare officer
What should Police consider regarding an officer involved in FH incident
- Impact of criminal offending and ability to remain Police employee
- Compatibility of employee to continue in Policing role if convicted of FV or respondent in PO
When do these policies and procedures pertaining to Police employees and famly harm apply?
- Comes to supervisors attention that employee maybe experiencing/involved in FH (employee victim or offender)
- Police attend and although no offending is disclosed, a warning or PSO is issued and/or there are concerns that the FH will continue or esclate.
- Police attend and FH is disclosed and the employee is victim or offender
- Police become aware Temporary or final protection order issued, and the employee is either the respondent or protect person
What must occur when employee is charged or convicted of FV offending? (3)
- Shift supervisor must report this to District Employee Practice manager and Police Professional Conduct Manage, who advise relevant District Commander or National Manager
- Welfare contact and counselling through EAP must be offered to victim and, if appropriate to offender.
- The employee practice manager in cosultation with the National Manager: Police Professional Conduct must determine the employees suitability to continue working in current role and if any variations are appropriate
- What must a police officer do if they are the respondent of a PO order?
- What must the serving officer do?
- Respondent must report fact in writing, including details of the proceeding, to their supervisor who then must inform Human Resource Manager and Police Professional Conduct Manager
- Serving officer are required to send copy of PO to District Commander or National Manager (or the Deputy Chief Executive: People of the respondent is at superintendent level or above)
What should occur with an applicant or protected person who is an employee?
Employee should be encouraged to report confidentially to Welfare and/or supervisor so appropriate advice can come from EAP
Can a constable, who is subject to a PO carry firearms & appointments?
No, this breaches the order.
What should occur before supporting application to vary standard condition regarding weapons in PO. ie to handle firearms exhibits etc? (3)
Make enquiries to consider:
- nature, duration, type of FH disclosed
- employees role
- views of person protected
Who makes final decision on Police support of varying Police Employee standard condition
Deputy Chief Executive: People in consultation with Nation Manager: Criminal Investigations Group on receipt of report from district
What is a police safety order?
An immediate order issued by a qualified constable(or a constable authorised by a qualified constable) under s.28 Family Violence Act.
Does a PSO order require the victims consent?
No
What is a qualified constable for the purposes of a PSO?
A Substantive Sergeant, or a Constable formally appointed/authorised under s63 Policing Act to the appropriate level.
An Acting Sergeant is not qualified
What three immediate effects do a police safety order do?
Bound Person to:
- Surrender any weapon/firearms licence
- Vacate land/building occupied by person at risk.
- Provide cooling off period (to allow person at risk to seek support, including apply for temporary protection order)
What other longer term effects do PSO’s have on the bound person? (3)
Bound person must not:
- engage in behaviour amounting family violence to person at risk (PAR)
- make unauthorised contact with PAR
- encourages others to do anything that would be prohibited by the order if done by bound person.
What type of contact would be authorised and not in breach of a PSO? (4)
- reasonably necessary in an emergency
- permitted under any special condition of sny relevant protection order
- in order to attend FGC
- to attend proceeding in court that would be jointly attended.
What effect does a PSO have on a Parenting Order?
Parenting Order is suspended
When can PSO be issued?
A PSO can be issued against a person who is in a family relationship with another person and there is reasonable grounds to believe that the PSO is necessary to make that other person safe from FV.
If person is ARRESTED for FV then released for insufficient evidence, can a PSO order then be issued?
YES