Family Harm

Question 1

Section 9 of the Family violence act 2018 is defined as what?

Answer 1

Violence - defined as physical, sexual, psychological

Family violence - by a person who is in a family relationship.

Question 2

Under section 12 of the Family violence act 2018 is defined as?

Answer 2

Family relationship - spouse/partner, family member (parent/child living together), sharing a household together (flatmates), person in a close relationship (same sex/boyfriend & girlfriend)

Question 3

Define what section 11 of the Family violence act 2018 is?

Answer 3

Threats, intimidation, harassment (stalking, loitering, trespassing), damage to property, I’ll treatment of animals/pets, financial control/abuse, uses children or puts them in position to observe violence.

Question 4

ID the terms of:

Primary victim
Predominant aggressor
CYPeFH
Witness
Mutual participants

Answer 4

Primary victim - person experiencing coercive/controlling behaviour against them from family member/intimate partner

Predominant aggressor - person most significant in relationship whos behaviour is harmful to coercive control.

CYPeFH - CYP exposed to harm they experience from aggressor to victim.

Mutual participants - equal participation from both parties in a non violence verbal argument /no history of FH. (no offences/no coersive, controlling behaviour)

ROC - Report of concern for a CYP of things around wellbeing and treatment of CYP that does not met the threshold for CPP of offences

CPP - child who has experienced sexual, physical or neglect, FH involving Police/OT workers.

Question 5

What are the 8 factors of power and control wheel?

Answer 5

Using intimidating
Using emotional abuse
Using isolation
Using minising denying & blaming
Usng children
Using male privilege
Using economic abuse
Using coercion & threats

Question 6

What must a respondent have to handover to Police when a temporary PO or PSO has been served?

Answer 6

Any controlled weapons or firearms, airgun, pistols, restricted weapons and ammunition within 24hrs of PO

A firearms licence is deemed suspended and revoked once the final order has been issued.

Invoke sections 27/27A of the Arms Act 1983 and or section 18 of the S&S Act 2012.

Question 7

What is the section for breaching a PO and what is you power of arrest?

Answer 7

Section 112 is offence to breach PO

(1) (a) any act in contravention with PO
(1) (b) fail to comply with conditions of PO

Section 113 power to arrest - when a PO is in force and a Constable has GCTS they have breached 112 (1)(a) & (b)

Question 8

When you make an arrest against someone who has breached a PO, what is your obligation?

Answer 8

Do not bail for 24hrs (cooling off period) or get the respondent before the courts for the 24hr period.

Maybe released with Police bail conditions however must not interfere with person employment. Must have an NCO approval.

Must give full consideration to safety of protected person & provisions of victims rights act 2002.

Question 9

What is the definition for respondent and applicant in regards to Protection Orders?

Answer 9

Applicant - person who applies for an order under the act on own behalf or person who the applicant was made in behalf of.

Respondent - person against whom an application has been made for an order under the act.

Question 10

What are the standard conditions of a PO?

Answer 10

1. No family violence - threats of violence, physical, sexual or psychological violence, no damage to property or encourage anyone to do the violence on respondents behalf.
2. No contact - physical, electronic, message, stalking, loitering, harassing
3. No weapons - forefit firearms, wpns, ammunition

Question 11

How long is a temp PO in place for?

Answer 11

3 months from the date of service unless the respondent has requested information or another time for the matter to be raised in court (dispute the facts)

Question 12

What are the Principles of the PO?

Answer 12

Safety

Information gathering

Accountability

Working collaboratively

Question 13

Who can issue a PSO?

Answer 13

A qualified Constable or above the rank of sergeant.

Question 14

Why would you consider a PSO?

Answer 14

If you have insufficient evidence to arrest and there has been an offence or to allow a cooling off period to prevent further offending.

Question 15

Define a person at risk?

Answer 15

Person named in order for their safety.

Any child residing with person at risk.

Question 16

Define a bound person?

Answer 16

PSO issued against person who is likely the aggressor/offender in which they are bound by the conditions of the order

Question 17

What is s32 of the Family violence act 2018?

Answer 17

Power to detain for the issuing of a PSO of up to 2hrs.

Can be detained at address or transported to the police station.

Search as per S&S Act 2012 s85

Question 18

What is s24 of the Family violence act 2018?

Answer 18

PSO must be served as soon as practical - order needs to be served within 48hrs all efforts to be made within that time frame.

Question 19

What is the duration of a PSO?

Answer 19

From the time it is served until a period specified by the issuing officer. From 24hrs to no longer then 10 days.

Question 20

How does a bound person breach a PSO?

Answer 20

Fails to comply with the conditions laid out in the PSO, fails or refuses to remain at a place where they are detained.

Power to enter and detain bound person for breaching and take into custody using reasonable force necessary.

Must be put before court within 24hrs or must be released.

1 month to locate and put before the courts.

Question 21

What are some of the options available to an at risk person by the courts in relation to a PSO?

Answer 21

Extend the PSO for 24hrs up to 10 days.

Detain for 2hrs allow another PSO to be issued.

Adjourn court to consider a temporary PO and to detain bound person for upto 2hrs to issue & serve the temporary PO.