Family Harm Flashcards
Principles that guide Police practice for family harm
-Early intervention
-culturally appropriate
-safety
-collecting risk information
-accountability
-working collaboratively
Corroborating evidence for 5Fs where offences have taken place incase victim becomes hostile later on in proceedings
-medical examinations and Doctors reports (suspect and victim)
-photographs of injuries
-scene examination evidence
-clothing
-witness statements (neighbours, friends, colleagues, emergency medical staff)
-111 call
- previous family violence reports
-emails, text messages , phone records, internet browsing history, bank records
- admissions or other corroborating or damaging statements made by offender
S7(2) Bail Act 2000
Breach’s of protection order
Defendant must not be released on police bail for 24 hours unless there is a court hearing earlier where court bail can be determined.
Primary concern when bailing for a BOPO is the need to protect the victim
How long do you have to locate a bound person who breaches a PSO
One month from the time of the breach and then 24 hours to get them to court
What can you do if you believe a bound person who has breached a PSO is at a certain address
Apply to the court for a WTA, if not located within 1 month must withdraw warrant.
NIA Warrant alert expires after ten days but wta still lies active in court
Is a PSO breach a charge
No
Breaching a PSO is not an offence.
PSO breaches should be filed by using the complaint form (POL2142) in NIA and must be sworn at court by a Constable.
Is failing to remain while a PSO is issued an offence?
Yes
Failing to remain while a safety order is an offence.
When detaining for up to two hours failed or refused to remain, penalty is a fine not exceeding $500
What do you need to believe is necessary when issuing a PSO to a child aged 16-17
That it is reasonably necessary to help make the child’s family member safe from family violence.
Also need approval from snr sgt or above
The authorising sgt needs to have consulted with OT
The total level of concern on the SAFVR score is high
When do Police serve protection orders
- respondent holds a firearms licence
- the respondent is believed to be in possession or have access to firearms
- service is assessed as being significant risk to the server
- the protection order is granted without notice
When can the district court issue protection orders (usually done by the family court)
District court can issue a temporary protection order when a bound person has breached a PSO and the judge must be convinced the victim doesn’t object.
The district court can issue a final protection order when sentencing an offender for an offence involving family violence if it is satisfied that it is necessary for the victims protection and that the victim doesn’t object to the order.
When is contact not a breach under the non contact condition of a protection order
- reasonably necessary in an emergency
- permitted under any order or written agreement relating to contact, care or custody of a CYP
- necessary for the purpose of attending a family group conference
- permitted under any special condition of the PO
- necessary to attend a proceeding before court or person acting judicially or to attend any matter associated with such a proceeding which would be jointly attended
What is a weapon under the PO condition not to have or possess any weapon
Firearm, air gun, pistol, restricted weapon, ammunition or explosive
Firearms licence
When must a bound person surrender any weapon to police
As soon as practicable after the protection order is served, whether or not lawfully under their possession or under their control
No later than 24 hours
On demand made by any Constable at any time
Includes FA licence
When are firearms licences suspended and or revoked when Protection orders are involved
On the making of a protection order a fa licence is deemed suspended the licence is deemed revoked when an order becomes final.
What age range is a child under the family violence act
Under 18
