Family Harm Flashcards
1
Q
When it comes to family harm what are the 6 principles that guide police practice?
A
Early intervention
Culturally appropriate
Safety
Collecting risk information
Accountability
Working collaboratively
2
Q
I what is ‘early intervention’ in relation to police response to family harm?
A
Recognising that early intervention helps to stop and prevent family harm. This requires an eyes wide open approach
3
Q
what is ‘culturally appropriate’? in relation to police response to family harm?
A
Responses to family harm should be culturally appropriate in particular responses to maori should reflect Tikanga. This requires a sensitive approach that acknowledges culture and provides culturally appropriate solutions
4
Q
what is ‘Safety’ in relation to police response to family harm?
A
- ensuring all parties are made safe and kept safe, in particular victims . This may include referring to support services to help secure safety.
- children are particularly vulnerable. Attending Officers must ensure the they have no concerns for the children’s safety.
- officer to be aware that family harm can be one of the most dangerous parts of their job and that precautions may be necessary to secure their own safety.
5
Q
what is ‘collecting risk information’ in relation to police response to family harm?
A
- to enable effective assessment, planning, and risk management to victims and to guide decisions around appropriate actions for offenders. The SAFVR measure and the dynamic risk assessment combined determine the total concern for safety.this also contribute to a multi agency risk score when combined with the risk assessed by other agencies.
6
Q
what is ‘accountability’ in relation to police response to family harm?
A
Holding predominant aggressors and offenders accountable by activating a prompt and comprehensive response. This includes thorough and quality investigation and charges Brough if offending exists and Aline’s with solicitor-generals prosecution guidelines.
Directing offenders into programmes that will stop and prevent harm if they will benefit from supportive interventions to change their behaviour.
7
Q
what must police do when ‘working collaboratively’ in relation to police response to family harm?
A
- Co-ordinate family harm responses across all workgroups
- be part of a co-ordinated collaborative multi agency table response that enhances information sharing and that meets the varied needs of families
- provide quality information the multi agency tables
- apply active case management principles and processes.
8
Q
What are some of the vulnerabilities (risk factors/adverse circumstances) that contribute to long term negative outcomes in relation to family harm?
A
Vulnerabilities
Lack of life skills
Lack of Parenting skills
Lack of adequate social networks
Lack of education
Health issues
9
Q
What are some of the compounding factors (risk factors/adverse circumstances) that contribute to long term negative outcomes in relation to family harm?
A
Unemployment
Deprivation/poverty
Inadequate housing
Negative cultural attitudes
10
Q
What are some of the negative behaviours ( risk factors/adverse circumstances) that contribute to long term negative outcomes in relation to family harm?
A
Family violence
Child abuse and neglect
Sexual violence
Alcohol and illicit drug use
11
Q
What are the long term negative outcomes from family harm? (Vulnerabilities, negative behaviours, and compounding factors)
A
Adverse social/ economic outcomes
Dysfunctional families
Criminality
Adverse health outcomes
Mental health issues
Adverse educational outcomes
12
Q
What 5 things to remember when attending family harm incidents where firearms may be present?
A
1Always consider firearms or other weapons are involved, and that the suspect has access. Info found on ‘On Duty’ ap.
2 If PSO or protection order is in place - ‘on duty’ will show. If PSO their firearms licence will be suspended for the duration of the order. Protection order will mean licence is revoked. Firearms need to be surrendered. Check licence endorsements and if any in secure storage.
3 consider if PSO appropriate, arrest and or making application for protection order. If any of those are actioned then suspect must surrender all firearms explosives or seized pursuant to section 18 of s&s act.
4 if you exercise the power to seize the above must report to commissioner within 3 days
5 following surrender or seizure make enquires as to whethe this person is fit and proper . If appropriate take revocation action
13
Q
What kind of things can corroborate a victim if they become reluctant?
A
Medical examination and doctors reports
Photos of injuries
Scene examination - photos and diagram
Clothing
Witness statements
111 call
Old family violence reports
Emails text, messages, phone records, browsing history, bank records
Admissions or other corroborating or damaging statements by suspect
14
Q
How much time do you have to make a video recorded statement after the alleged family violence episode?
A
Two weeks
15
Q
Who should you consult if considering alternatives to arrest in relation to family harm offending?
A
Consult your supervisor
And the family violence coordinator/ family harm specialist
16
Q
When there is insufficient evidence to arrest what should you do and what should you not do?
A
Should consider a PSO and should not warn.
17
Q
What do you need to remember when considering charges in family harm events?
A
- Do not minimise
- Ensure charges reflect the essential nature of their offending
- Ensure there is evidence that can be adduced that is sufficient to provide a reasonable likelihood of conviction.
- consider the continuing risk the offender poses to the victim
18
Q
When breaches of protection orders occur and there is sufficient evidence what must you do?
A
Charge them
Not release them on bail for 24 hours unless there is an earlier court hearing. (Not bailable as of right).
19
Q
When considering bail in family harm events what is the primary consideration?
A
The need to protect the victim, their family and all protected persons
20
Q
What other primary considerations should you make when considering whether to grant bail in family harm incidents ( over and above the victims safety )?
A
Linking victim into appropriate support and services
Possible need for cooling off period for suspect to ensure victims safety
Any condition may be imposed on bail that is considered necessary to protect victim and their family
21
Q
What position level must you get authority from to release a family harm suspect on bail?
A
Sergeant or above
22
Q
When can a suspect be bailed to victims address in family harm circumstances?
A
Only in exceptional circumstances.
23
Q
What happens when a person is on ‘‘em bail and they are served a PSO?
A
They are unable to comply with the conditions of their EM bail and police must follow the procedures of ‘EM bailed served with PSO’ in the ‘em bail chapter.
24
Q
How long can a PSO be issued for ?
A
Up to 10 days
25
What does aPSO provide fo?
enables staff to take immediate action to protect persons at risk when there is insufficient to arrest.
Provides time for person to seek support and assistance including applying for protection orders.
Time for bound person to cool down and also seek support and assistance.
26
WHat are the four categories of relationship that family harm relate to?
Intimate partner relationship
Family members
Flat mates
Close personal relationships
(Any family relationship )
27
Can an acting sergeant authorise a PSO?
Must be a substantive sergeant or formally appointed or authorised under s63 policing Act 2008.
28
What are the immediate effects of a PSO ?
Surrender any weapon in their possession or control and any firearms licence - to constable
Vacate land or building even if has a legal interest in it
Provide a cooling off period where person at risk has chance to seek support and assistance including a temp protection order and for bound person to get assistance and support
29
What are the longer term effects/restrictionsof a PSO?
In addition to the immediate effects the bound person must not:
- engage in behaviour that amounts to family violence against person at risk
- make any unauthorised contact with person at risk
- encourage another person to do the above
30
When can contact be made by the bound person in relation to PSO’s and family harm?
reasonably necessary in emergency
Permitted under special condition of any relevant protection order
Necessary to attend family group conference
Attend proceeding at court
Does not include parenting orders - these are suspended
31
When can a police safety order be issued?
When qualified constable believes on reasonable grounds that a person in family relationship, having regard to specified matters, the issue of an order is necessary to make person safe from family violence.
32
When can a PSO not be issued ?
When person is arrested for family violence (bail conditions set)
If person is a child - unless 16 years or older and is justified in special circumstances.
33
What can police do if a protection order is in place and there is not sufficient to arrest for an offence or breach of protection order?
Should issue a PSO as it takes pressure off person at risk as they cannot consent to bound person living there with them. Allows parenting orders to be suspended. Also aligns with victim graduated response model. Seek advice from family violence coordinator.
34
Initially what factors should be considered when deciding whether to issue a PSO?
- Likely that person has inflicted or is inflicting family violence
- will inflict family violence again
- the welfare of any children residing with person to be bound
- any hardship that could be caused
- any other matter considered relevant
35
What further factors should be considered when deciding whether to issue a PSO?
Previous interactions with police
Mental health history
Abuse of alcohol or drugs
Propensity for violence
Family harm history
Parenting orders, protection orders and previous PSO’s
Multi agency plans from previous farming harm
Whether person posing risk is currently involved with perpetrator support services
36
When deciding whether hardship will be caused what should you consider when deciding on the issuing of a PSO?
- who will have the family car
- who is in charge of finances - hold eftpos card/money
- financial ability for bound person to find accomodation/ transport
- whether any child has disability or illness requiring more intensive support.
37
In what circumstances are PSO ‘s usually issued for 5 days or more?
When there is likelihood of serious harm occurring,
protection or property order os being sought or
victim relocation is being sought.
38
What are the 3 steps to have authorised or obtain a Police safety Order?
1 complete all enquiries to identify possible offences - if none identified consider if PSO necessary using ‘factors to consider’.
2 f you consider a PSO should be issued and are not qualified to issue a PSO - seek authority from sergeant. If not qualified seek approval from DCC or COMMs .
3. Document discussion about authorisation to issue at time it was given. Authorising constable should document this in on duty.
39
What are your powers pending authorisation of PSO?
Detain person for two hours in order to obtain authority and issue and serve on that person
Two hours starts when constable decides that PSO is necessary.
Remove person from premises to police station or patrol vehicle or detain in house for short periods.
40
What are the potential consequences for a person who fails to remain at the place they are detained when awaiting issuing of PSO.
May be arrested without warrant
Summary conviction of $500
41
What should the officer issuing the PSO do while still at the scene once the PSO is served?
Ensure relevant and specialist support is contacted for the person at risk. (preferably while you are still at scene)
If required advocacy for person at risk is arranged ie interpreter , sign language expert.
Support and temporary place to reside is available to bound person.
42
What are the 8 steps regarding procedures when serving a PSO and afterwards ?
1- fully explain to the person at risk and bound person the nature duration and effect (conditions) of the order. (Can be done prior to, during serving, or in the ‘at risk persons’ case just after the order is served)
2- section 42 risk and needs assessment - not yet available
3- capture and issue PSO in ‘on duty’ ap ( if not available call CRL to enter)
4 after serving and explaining PSO must ensure bound person surrenders all firearms, or weapons and firearms licence immediately. Vacates land or building occupied by person at risk and obtain details so that police can contact them to discuss prevention options.
5- at time of service must demand surrender of all firearms and their licence and consider revoking licence.
6. Police must provide suitable storage for all weapons for time the licence is suspended/PSO is in force
7. If have not done already contact appropriate support agency for for person at risk according to the frontline safety plan.
8- before end of shift complete the family harm investigation in ‘ on duty’.
43
When is the preferred time police should contact the person at risk while the PSO is in place?
Within 24-48 hours of the order being served.
44
Why should police contact the person at risk while the PSO is in place?
Check for breaches
Sure person at risk understands what constitutes a breach
45
If the bound person is high risk what should police do while the PSO is in place if practical?
Visit the bound person
46
Why should police visit the bound person while the PSO is in place if practical?
Provides time to engage with them and offer support services
To Ensures the bound person understands the PSO, what constitutes a breach particularly if bound person was intoxicated at the time the PSO was served.
47
What must you do if a bound person breaches a PSO?
Bring to court within 24 hours
Make a complaint to the court requesting that it makes an order under section 45
48
What must you do if a bound person (PSO) who has been detained by police due to a breach cannot be bought before the court within 24 hours at or before the expiry of the PSO period?
You must release the person and summons them to appear
The person can be arrested and bought before the court if they fail to appear as summonsed
49
What should you advise a bound person when they have breached a PSO and you are detaining them for court?
You should advise them that they are ‘being taken into custody’ and the reason why.
50
What should you do if the bound person abscond after the breach of PSO?
Capture the breach in ‘On Duty’ or advise CRL
51
What timeframes do you have when the bound person absconds after the breach of PSO?
You have 1 month from time of the breach to locate them, and 24 hours to bring them to court.
52
What can you also do if the bound person absconds after the breach of PSO?
Apply for a warrant to arrest and If successful enter as an alert in NIA.
53
What is the time frame to bring a bound person to court when they have been arrested on a warrant after breaching a PSO?
As soon as possible (then make a complaint to court…. Section 45)
54
What happens when a bound person who has had a WTA issued for breach order PSO is not found within a month?
The matter must be bought back to the court to seek leave to withdraw the warrant
55
When does the warrant to arrest expire when issued by court for breach of PSO?
After 10 days but the WTA remains active in court. The warrant must then be withdrawn within 10 days to a month after the issue of the warrant.
56
How are complaints forPSO breaches filed at court?
by using a complaint form POL 2142 in NIA and must be sworn at court by the constable named on the complaint.
57
What are the powers /options of the court when they are satisfied the bound person has refused or failed to comply with the PSO?
Continue with the order for the duration it was issued
Direct another order be issued not exceeding 10 days and served ASAP( if first had not expired)
If first order is expired direct another Order be issued
Adjourn so judge can consider if temp protection order should be issued
58
In what order will the police prosecutor arrange to have the new PSO issued to a role holder?
1 - an officer of the court
2 - a constable of a district within the vicinity of the court
3 prosecutor
59
How long is the holding period in custody when for PSO orders to be completed and served?
2 hours
60
Where should the PSO order be captured?
On duty or calling CRL
61
What must the prosecutor or constable do when a new order is completed at court and the person at risk is not at court?
Advise them of the court outcome and any subsequent action
62
If the prosecutor, officer of the court or constable cannot advise the person at risk you should ensure you what?
Make three ph calls within one hour to the person at risk
Then send a unit around to follow up
Update Nia with action taken
It is the district’s responsibility to advise the person at risk - not CRL ( they just provide assistance
63
What is the only offence relating to police safety order?
Failing to remain while safety order issued - section 32(2)
64
What must you prove for the offence of failing to remain while a safety order is issued?
detained by constable,
Who is proposing to issue a PSO
Refused or failed to remain at the place where they were detained or other place taken to for the detention
65
What powers do you have when a person commits the offence failing to remain while PSO issued?
Arrest without warrant
66
What are the ‘reasonable steps’ to mitigate a person at risk when considering issueingba PSO to a 16-17 year old?
Consider arrest for identifiable offence (214 OT act)
Identifiable offence - refer to youth aid
No identifiable offence - involve family to I’d alternative actions
67
What are some ‘special circumstances’ when considering a PSO for a 16-17 year old?
When you have reasonable grounds to believe the PSO is necessary to make person at risk safe AND
The ‘total level of concern’ (SAFVR and dynamic) in on duty is high AND
approval from senior sergeant or above obtained
The authorising senior sergeant (or above) has consulted with OT (regarding placement )
68
If the ‘special circumstances’ are met for issuing a PSO to 16-17 year old, how do you issue the PSO?
Complete quality 5F
Follow joint guidance from police and OT
Record all decision making and guidance
Record justification for duration (Ie cooling off)
Ensure the bound person is fully informed and understands implications of the PSO
Update NIA with all relevant information
69
What are the limits on issuing a 16-17 year old with a PSO?
Viewed as a last resort
Principally used as a means to cool down after family violence
Needs of children are different to adults
Must be in special circumstances
Duration must be the lease restrictive as possible
70
If you detain a 16-17 year old for purposes of serving a PSO does it trigger a power of arrest, requiring the protections of section 214 OT Act 1989?
No
71
When a child 16-17 year old fails/ refuses to remain for PSO to be served what powers do police have?
Power to arrest without warrant triggering 214
Committed an offence and Dealt with by youth court
72
Is breaching a PSO a criminal offence?
No
73
When must police serve PROTECTION ORDERS?
Respondent holds a firearms licence
Respondent is believed to have firearms
Service is assessed as being a risk to the server
Protection order is granted without notice
74
In relation to serving protection orders what will police ensure occurs?
- Robust information sharing, collaborative risk assessments, safe service delivery practices will be developed and implemented with the courts.
- at time of service police will demand surrender of firearms
- staff safety is of paramount importance when determining appropriate methods to seize firearms and licences
- officer serving the order will contact the victim and inform them service has occurred
- all breaches of protection order and property orders will be taken seriously and arrest and charges laid if sufficient evidence in most cases.
75
When it comes to children of the protected person on a protection order, who is included automatically and who has to be named specifically on the order?
If the child of the protected person is under 18 they are automatically included on the order, if they are 18 and still living at home with the protected person they are included as an adult child.
If they are 18 or over and not living at home they have to be named on the order to be protected by the order.
76
Can protection orders be taken out against 16-17 year olds?
Yes but only in special circumstances
77
Who can issue protection orders?
Family court and
district court if victim does not object like in circumstances where a PSO was breached
78
What are the standard non violence conditions of a protection order?
Respondent must not;
- engage in behaviour that amounts to any form of violence to protected person
- make contact with the person that is not authorised
- encourage a person to engage in behaviour that if the respondent did would be prohibited
79
How many times can a protected person suspend or reinstate an standard non contact condition?
Any number of times
80
When is contact NOT in breach of the standard conditions of the PSO?
Reasonably necessary in emergency
Permitted under order or agreement regarding custody/care of CYP
Permitted under any special condition of the protection Order
Necessary to attend an FGC
Necessary to attend court or person acting judicially
81
How can does the protected person give consent to be contacted by the respondent?
Writing - text, email, letter or other digital message
82
Does the protected person have to withdraw their consent to contact in writing?
.
No
83
What conditions relating to weapons must the respondent comply with?
Not to possess any weapon (Firearm, air gun, pistol,restricted weapon, ammunition or explosive)
Hold a firearms licence
84
In relation to surrendering firearms and licenses when must the respondent of the protection oder do these things?
As soon as practical after the protection order is served and within 24 hours
And on demand made by constable
85
Can a respondent keep their firearms licence when a PSO is issued?
No and is deemed revoked when order is final
86
How long can police keep the firearms/weapons when surrender due to Protection order?
For the duration of the order - and must return as soon as practical after the order ceases to be in force.
87
Who must you notify if you become aware that a respondent has a firearms licence (particularly under the old legislations)?
An inspector or above
88
If police become aware a protected person is attempting to seek a discharge of the protection order and they believe they are at continued risk or being coerced and history shows the parties protection order should stay in place, what should they do?
Every effort should be made to oppose the application to discharge the PO.
89
What mindset should be applied when when police serve protection orders?
Prevention first
90
When serving protection orders and seizing firearms what are the 4 core principles that guide effective police responses to family harm?
1 safety
2 information gathering
3 accountability
4 Working collaboratively
91
When serving protection orders and seizing firearms what is ‘safety’ in relation to the core principles that guide effective police responses to family harm?
Protect the safety of all parties - especially the protected person. This assessment may mean initiating a graduated victim response
92
When serving protection orders and seizing firearms what is ‘Information gathering’ in relation to the core principles that guide effective police responses to family harm?
Risk information should be gathered before and during service, documented and recorded in NIA. (Will assist future safety, crime prevention planning as part of the graduated victim response)
93
When serving protection orders and seizing firearms what is ‘ accountability’ relation to the core principles that guide effective police responses to family harm?
Respondents should be given clear messages that they are accountable if they breach
Clearly explain the provisions and consequences
(This increases the deterrent impact so they have no excuse to breach) (police service also includes ensuring the respondent ap understands the requirements of attending an assessment and non violence/ prescribed service)
94
When serving protection orders and seizing firearms what is ‘working collaboratively’ in relation to the core principles that guide effective police responses to family harm?
court, police, family harm specialists etc must develope and implement
robust information sharing
Collaborative risk assessment and safe service delivery practices
95
On receipt of a protection order what must the OC station nearest where the respondent resides do?
Check recoding standards are met
Assess all information to determine who should serve the order and what other police actions are required such as - inspector to consider revoking firearms licence
- if respondent believed to have firearms section 18 warrant less search conducted
- a graduated victim response ( ie visit victim and and create/ action VIP)
96
If PO respondent fails to surrender all firearms and or licence what can police do?
Can arrest for breach of protection order
Can consider revoking firearms license
Complete section 18 s&s and send report to commissioner within 3 days
97
What must the police officer serving the PO do once it is served?
- without delay advise OC station closest to where copy of the order was served
- ensure victim is advised
- document the that victim contact in NIa
- forward notice of service back to court
- maintain national recording standards (crucial)
- ensure PO is deleted from police file record ( comply with privacy act - court document - not ours)
98
What is the age of a child in relation to the family violence act 2018?
Under 18 (unless context otherwise stated)
99
What is the interpretation of ‘child of the applicant’s family’ in family violence act 2018?
A child who lives with or periodically resides with applicant
(Whether or not they are a child of applicant or respondent, born after order was made )
100
In relation to family violence act 2018, what is a dwelling house?
Flat , town house
Whether occupied or not occupied under a licence to occupy within meaning (land transfer act)
Mobile home, caravan, or other means of shelter placed or erected upon land intended for occupation
101
In relation to family violence act 2018, what does ‘family relationship mean?
Spouse or partner
Family member
Ordinarily shares a household
Has close personal relationship
102
In relation to section 9 family violence act 2018, what is ‘family violence’?
Violence inflicted - against that person
By any other person with whom that person is in or has been in a family relationship
103
In relation to section 8 family violence act 2018, what is family member?
A person related by blood,
through marriage / civil Union or de facto relationship or
Adopted
Any person member of culturally recognised family group
104
In relation to family violence act 2018, what is a ‘partner’?
Persons Civil Union partner
Persons De facto partner
Persons Common biological parent.
105
In relation to family violence act 2018, what is ‘property’?
Persons property -
They own
Does not own but uses or enjoys
Available for the person to use or enjoy
In persons care or custody
Is at the persons dwelling house
106
In relation to family violence act 2018, and protection orders what is ‘protected person’ ?
The person for whose protection the order is made
Any child of that persons family
Any person for whose benefit the order applies under direction
107
In relation to family violence act 2018, what is a ‘protection order’ ?
An order or temporary order made under section 79
108
In relation to section 9 of the family violence act 2018, what does ‘violence mean’?
Physical
sexual
psychological
109
In relation to section 9 of the family violence act 2018, violence against a person includes a pattern of behaviour that is made-up of a number of acts that are all or or any of physical, sexual, and psychological that have 1 or both of the following?
- coercive or controlling
- causes or may cause the person cumulative harm
110
In relation to section 9 of the family violence act 2018, what does ‘dowry violence’ mean’?
Violence that arises solely or in part from concerns about whether, how, how much any gifts, good, money other property or benefits are
- given to/ for a party to marriage or proposed marriage
- received by/for th
E other party to marriage/ proposed marriage
111
In relation to section 13 of the family violence act 2018, when does ‘sharing a household’ not regarded as being in a ‘family relationship’ ?
When the following occupy a common dwelling house (whether or not others occupy the dwelling house)
Landlord tenant relationship
Employer employee relationship
Employee - employee relationship
112
In relation to section 14 of the family violence act 2018, when does ‘close personal relationship’ not regarded as being in a ‘family relationship’ ?
Employer employee relationship
Employee - employee relationship
Recipient of care and Carer relationship
113
In determining meaning, In relation to section 14 of the family violence act 2018 ‘close personal relationship’ what must the court have regard to?
Nature and intensity of relationship and in particular
- amount of time A and B spend together
- place or places where that time is ordinarily spent
- the manner in which that time is ordinarily spent
114
What are two things to remember when a PSO is issued when it comes to serving the order?
Must be served as soon as practicable
If not served within 48 hours the order lapses.
115
When making an application to the court for a protection order under what kind of a relationship do you have to have been in?
A Family relationship
116
If a child is under 16 how can they make an application for a PO?
- having a representative from an approved organisation make it
- apply to court to authorises without a representative
117
What are the requirements for making a protection order, what must the court be satisfied of?
-The respondent has inflicted, or is inflicting family violence against the applicant or child of applicants family
-making of the order is necessary for protection of the applicant , applicants family
118
Is it a breach of condition if the respondent has in his possession the weapon or licence immediately before the making of the PO or during the time necessary required to comp,y with the order?
No
119
What is the term of imprisonment for breach of PO?
3 years
120
Summarise Police v Elliot - consent to remain on property
Elliot had previous convictions for breach of protection order.
On this occasion after he had moved all his possession back into the house as his wife the applicant had given consent deformed this contact etc.
She decided to withdraw this consent and asked him to leave - he failed to do so.
He was arrested and charged.
Court confirmed they applicants ability to withdraw consent, however found that police had not given him reasonable time to grab basic items (clothes) and organise somewhere to go
121
Summarise Senior v Police
Respondent wrote abuse on his Facebook page.
Convicted of breach of PO
Applicant was not respondents friend so respondent appealed with this as his argument
Court found there was no defence on the basis that she was not a fb friend. Everyone who uses FB and understand the potential for others to find out about. Confirms the abuse does not have to be directed at the applicant or that the applicant intended the protected person to see it
