Family Harm Flashcards
Name the 6 principles that guide the Police practice re Family Harm
1) early intervention
2) culturally appropriate
3) safety
4) collecting risk information
5) accountability
6) working collaboratively
What is the “new approach” to family harm?
Risk factors (vulnerabilities, negative behaviours, compounding factors etc) = long term negative outcomes
What are examples of corroboration? I.e. if a family harm witness becomes uncooperative
Medical examination/Drs reports
Scene examination evidence
Clothing
Witnesses
Red box 111 call recording
Previous family harm reports
Emails
Bank records
Admissions by suspect
What approach must Police take re breaches of Protection Orders?
If there is evidential sufficiency Police must charge the person and not release on Police bail for 24hrs (unless there is a court hearing earlier and court bail can be issued)
What is the primary consideration when deciding whether to grant Police bail to family harm offenders?
The safety of the victim and their family members.
Who’s authority must be gained to release a family harm defendant on Police Bail?
Sergeant or above must authorise.
Arrested person must be brought to court ASAP. If not within 24hrs and pending a court appearance, standard procedures for determining bail apply.
What are the four types of family relationships?
1) Intimate Partner
2) Family member
3) Flatmates
4) Close personal relationships
(PSOs can be issued to all 4 groups but only record 1&2 in On Duty)
Why PSO?
Where an investigation fails to establish fill evidence of an offence
RGTB order is necessary to help make person at risk safe from family harm
Age requirements around serving PSOs?
A PSO cannot be served on a person under 16yrs
Only served on 16-17yr olds in special circumstances as a last resort for the least amount of time possible.
Who needs to approve a PSO on a 16-17yr old?
Snr Sgt or above and they should have consulted with OT.
Must be RGTB it is necessary to help make that child’s family safe from violence.
What factors might be included in “special circumstances” regarding issuing a PSO on a 16-17yr old?
- RGTB necessary to make PAR safe from FV
AND - Total level of concern (SAFVR) is high
AND - Approval from Senior Sergeant
AND - Snr has consulted with OT
What happens if a bound person absconds after breaching a PSO?
You have 1 month (from the time of the breach) to locate and bring the person into custody.
You then have 24hrs to bring before court
A complaint is filed and an order sought under s45
Consider applying to the court of a warrant in lieu -if not located within a month the warrant is to be withdrawn
What powers does the court have when dealing with a breach of PSO
- Continue existing PSO
- Direct another PSO be issued
- Adjourn so a DC Judge can considered a TPO being issued.
Procedure for dealing with breaches of PSO?
RGTB that the bound person has refused or failed to comply with PSO? Can be “taken into custody”
Must be bought before the court within 24hrs
If unable, the person must be released and summonsed to court
Original PSO remains in existence
What powers do police have re PSOs?
DETAIN (up to 2 hours to obtain authority to issue)
REMOVE person from premises and to a Police station or other such place during the period of the 2hr detention
NB refusal to remain at the place where being detained is an offence they can be arrested for
What kind of contact would NOT be a breach of PSO (ie authorised contact)?
- reasonably necessary in an emergency
- permitted under special cond of PO
- necessary for FGC
- necessary for attending a proceeding before court (like restorative justice etc)
What happens to a parenting order during a PSO?
Parenting orders are temporarily suspended.
What should you consider (relating to FLIC) when issuing a PSO?
If bound person has a FLIC, consider invoking s27 of the arms act to revoke their licence.
If there is a belief that the bound person may be in possession or have access to firearms, consider s18 Arms act
What must a PSO bound person do/not to?
Surrender any weapons and firearms licence
Vacate any land/building occupied by the PAR (regardless of legal or financial interests)
Must not engage in behaviour that amounts to any form of family violence to a PAR
Must not make any unauthorised contact with PAR.
Encourage any person to engage in behaviour/contact the PAR where the behaviour would be prohibited by the order
PSO’s must be issued by a …?
Qualified Constable (Sgt or above)
What situations would Police serve a PO under?
- Respondent holds a FLIC
- Respondent believed to be in possession or access to firearms
- significant risk to server
- PO granted without notice
Who can issue a PO?
Usually family court
DC can (ie PSO breach, sentencing) and DC can detain for up to 2 hrs to issue and serve the order
How long can a child of a PO applicant be protected for?
An adult child will remain protected until they leave home (or the order is discharged)
Adult children not living with the applicant must be identified on the order as a specific person OR apply to the court for an order as a protected person.
How many times can a protected person of a PO suspend or reinstate the standard non-contact conditions as a result of the respondent’s behaviour?
Any number of times!
In what form must consent to contact the protected person be given to the respondent?
Consent to contact must be given in writing i.e. text, letter, email
Consent can be withdrawn in any way
There may be special conditions formalising ongoing contact
What are the PO conditions relating to firearms?
Respondent must not possess or have any weapon under their control
Respondent must not hold a FLIC
Must surrender weapons in their control and any FLIC as soon as practicable after PO is served on them (within 24hrs) and on demand made at any time by a Constable.
Under a PO, is a FLIC suspended or revoked?
TPO: Suspended
Revoked when the order is made final.
What should you do (re firearms) if you find a person is a respondent of an old “non-molestation or non-violence” order from the Domestic Violence act 1982?
If they have a FLIC, notify an inspector or above and consider revocation of FLIC
What does the act NOT cover re the meaning of a family relationship?
Landlord/tenant
Employer/employee
CASE LAW: in Police v Elliot the topic of withdrawing consent and time to leave came up. What was the outcome of this?
Police must allow the respondent a reasonable amount of time to gather some basic belongings before leaving.
CASE LAW: in Senior v Police, abuse posted by the respondent of a PO on his Facebook was discussed. What was established?
Abuse doesn’t have to be directly addressed toward the protected person and there doesn’t have to be direct evidence the abuser intended the protected person to see or hear the abuse.
