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Family Harm Flashcards

1
Q

Name the three types of Harm

A

physical, sexual, psychological

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2
Q

When attending FH episodes, Police aim to?? X3 points

A
  • slow & eventually stop FH cycle
  • reduce serious harm
  • reduce FH related deaths
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3
Q

How do Police aim to reduce FH (6 principles)

A
  • Early intervention
  • Culturally responsive
  • Safety
  • Collecting risk information
  • Accountability
  • Working collaboratively
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4
Q

Explain the FH Early Intervention Principle

A

Recognising early intervention helps to stop and prevent FH.
An eyes wide open approach at all FH investigations.

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5
Q

Explain the FH Culturally Appropriate Principle

A

Responses to FH should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga.
This requires a sensitive approach that acknowledges the culture of those involved & provides culturally appropriate solutions

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6
Q

Explain the FH Safety Principle

A
  • Ensuring all parties are made safe and kept safe
  • victims (may include facilitating access to support services to help secure safety)
  • Children (before leaving, attending officers must ensure they have no concerns for child’s safety)
  • Officers must also be aware their own safety.
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7
Q

Explain the FH Collecting Risk Info Principle

A

To enable planning & risk management to victims & to guide appropriate actions for offenders.

FH processes include the SAFVR measure and dynamic risk assessment at the scene which combined determine the total concern for safety.

The total concern for safety also contributes to a multi-agency risk

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8
Q

Explain the FH Accountability Principle

A

Holding predominant aggressors & offenders to account by activating a prompt & comprehensive response.

Where evidence of criminal offending exists, the decision to charge will reflect the nature of the offending and be made in accordance with the Solicitor-General’s Prosecution Guidelines.

  • Where offenders may benefit from supportive interventions to change their behaviours, directing them into programmes that will stop and prevent harm.
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9
Q

Explain the FH Working Collaboratively Principle

A

Police must:
* coordinate responses through FV Coordinators/FH Specialists across relevant internal work groups, including FHTs, CPTs, ASA Teams, Youth Aid and Youth Education Teams, CIB, Iwi/Pacific and Ethnic Liaison Officers and other frontline employees
* be part of a coordinated collaborative multi-agency table response
* provide quality information to multi-agency tables
* apply active case management principles and processes.

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10
Q

If a PSO is in place what do the offenders need to do in regards to firearms?

A

Surrender any weapon in their possession or under their control
along with their licence

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11
Q

In regards to FH, what does the court prefer?

A

If there is sufficient evidence of an offence, suspects responsible for FV related offences or breaches of protection and related property orders should, except in exceptional circumstances, be arrested.

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12
Q

Name some of the societal consequences from FH?

A

crime
poor physical and mental health
poverty

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13
Q

Name some of the impacts on children who have been exposed to FH?

A

difficulty learning
becoming an offender or victim
increased chance of mental illness & suicide, alcohol and/or drug abuse
difficulty forming attachments

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14
Q

Who is particularly vulnerable to FH events?

A

Children
Elderly
People with disabilities

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15
Q

Types of FH?
(Groups)

A

Teen dating / teen harm
Elder Abuse
Honour based violence
LGBT
Cyber harm

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16
Q

Name two options of dealing with FH at the scene?

A

PSO
Arrest (if sufficient evidence to arrest)

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17
Q

If firearms are handed in due to a FH event? What paperwork/online system must be completed?

A

Firearms Search and Seizure (FSS) notifications

If the firearm is brought to a station, record details in (PROP)

Record details of the offence or incident that led to the seizure into – NIA as an Occurrence.

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18
Q

When should you obtain a victim statement in regards to a FH incident?

A

At the time of attending

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19
Q

Victims have a tendency to minimise FH incidents later in court. What option is available to Police to ensure the severity of the incident is held in court?

A

Under the Evidence Act 2006 and s82 Criminal Procedure Act 2011, Police can get evidence sworn which can later be used.

The evidence can be sworn the same day thus lessening the likelihood that they will change it later.

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20
Q

Section 106A of the Evidence Act 2006 allows an adult family violence complainant to give evidence in chief by a video recording made before the hearing.
Who can record and how long after the event?

A

The video recording must be made by a police employee
and no later than two weeks after the FH episode.

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21
Q

Where FV offending is disclosed and actions other than arrest are contemplated, who should you contact?

A

consult your supervisor before proceeding. It is advisable to also consult with the Family Violence Coordinator/Family Harm Specialist

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22
Q

Do you need a victim to lay a FH complaint to arrest or file charges?

A

No

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23
Q

Can you give a warning in regards to a FH incident if there is insufficient evidence to charge?

A

No

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24
Q

If there is a breach of PO or related property order, and there is evidential sufficiency to prove a charge, what must you do?

A

charge the offender with the breach

not release the offender on Police bail for 24 hours unless there is a court hearing earlier than this where court bail can be determined.

The offender is not bailable as of right

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25
When considering Police bail for a FH defendant charged with a family violence offence, what is the primary consideration?
the need to protect the victim, their family members and all protected persons
26
If there are dual defendants in FH events, and it is unclear who the actual aggressor or victim is, can both parties be arrested & charged?
Yes
27
What is the paramount consideration for the court when determining whether to grant bail for FH offenders?
The need to protect the victim and their family members, and all protected persons
28
Who must you have authority from before releasing a family violence defendant on Police bail?
A supervisor of or above the position level of sergeant
29
What is the presumption regarding a FH defendant and bail?
In most cases, there is a presumption that a defendant is to be bailed. Any opposition to bail must fit within criteria ensuring the need of the victim and their family's safety and any safety plans in place.
30
What happens if a person is served a PSO and they are on EM Bail at that address?
They will be unable to remain there for the duration of the order and therefore unable to comply with standard condition
31
Who is the primary agency for delivery support for victims of FV?
Women's Refuge
32
If there are no specialist support agencies for FH Victims, will Family Support assist?
Victim Support will only provide direct support to family violence victims in regions where there is no viable specialist agency available).
33
What is the framework for support agencies?
'one victim - one referral'
34
Is disclosure of victim information to a second or subsequent agency permitted?
Only in certain circumstances, e.g. the agency giving initial support has RGs to B that further disclosure is necessary to ensure the victim receives the highest level of support.
35
What does PSO stand for?
Police Safety Order
36
How long can a PSO be issued for?
Up to 10 days
37
Can a person be PSO'd from a property they have a legal or equitable interest in?
YES
38
Can PSOs be considered and issued in all responses to family harm episodes, when the parties involved are in any family relationship.
YES
39
Who can issue a PSO?
PSOs can be issued by a qualified constable (or a constable authorised by a qualified constable)
40
When does a PSO take effect?
Immediately
41
In regards to a PSO, contact by the bound person with a person at risk is authorised and not in breach of an orders no-contact condition, if the contact is:
Necessary in an emergency Permitted under any special condition of any order To attend a FGC To attend a proceeding before a court
42
If a bound person is party to a parenting order or agreement... and a PSO is put in place... does the parenting order and contact stand?
NO. The provisions of the safety order apply.
43
if a person is arrested for a family violence related offence, but it is later determined that there is insufficient evidence to charge for that offence, can a PSO subsequently be issued.
YES
44
How old must a person be to have a PSO issued against them?
16yrs or over
45
Why do Police issue PSO's?
When there is not sufficient evidence to arrest.
46
What are the main factors to consider when deciding to issue a PSO? If the person posing risk:
Will inflict fv against the person at risk * the welfare of any children residing with the person at risk * the hardship that may be caused if the order is issued, and * any other matter that may be considered relevant.
47
If a parenting order is in place who else should you seek advice from in regards to issuing a PSO?
Family Violence Coordinator/Family Harm Specialist
48
How long is a starting pointing for a PSO?
24hrs and then factor in other considerations: * weekends, public holidays, court(eg protection order) * support services and make ongoing arrangements for their safety. (See Arranging support for the person at risk when the order is issued in this chapter and the Family harm policy and procedures for more information about the frontline safety plan). Note that the longer the duration of the order, the more complex
49
When are PSO’s issued for longer than 5 days used for?
where there is a likelihood of serious harm occurring
50
Who can authorise a PSO?
A qualified Sgt or above
51
When authorising a PSO, where should the authoriser explain their reasoning?
In the family harm investigation in OnDuty, or via a notebook entry.
52
Where can you detain someone while issuing a PSO?
* a Police station or place used as a Police station (e.g. a patrol car) during the period of the detention. In some situations and for short periods, detention within the home may be appropriate
52
How long can you detain a person who you are issuing a PSO to?
Up to two hours The two hour period commences when you decide a PSO is necessary
53
If you are unable to detain and issue a PSO within two hours, you must let them go. How long do you have in which to then serve the PSO on the person before it expires?
48hrs
54
When does the 48hr period start from in regards to serving a PSO
The 48-hour period commences from the time a qualified constable authorises the issuing of the PSO.
55
Where do you capture and issue a PSO?
OnDuty BCP enables you to record the PSO in NIA (via CRL)
56
After issuing the PSO and before the end of your shift, what must be done?
Complete the FH investigation in OnDuty, * Ensure copies of the PSO are on file and submitted to NIA. * Link the FV Co-ordinator / FH Specialist to the investigation in OnDuty or notify them.
57
Should Police contact persons of risk for a PSO? If so, when and why?
Yes, ideally within 24-48hrs of the PSO being issued Check to see if any breaches have occurred Ensure the person at risk understands what constitutes a breach
58
Is breaching a PSO and offence?
NO However they can still be taken into custody & put before the court within 24hrs (if they cannot be bought before the court within 24hrs release them & summons them)
59
If a breach of PSO is in place, does the original PSO time frame still stand?
Yes
60
If a bound person has absconded after breaching a PSO, how long do you have to bring them before court?
One month. Once located they must be bought before the court within 24hrs
61
If a person has breached a PSO, where do you capture that information?
OnDuty or advise CRL
62
Can you apply for a WTA for a person who has breached a PSO?
Yes If the person has not been found within a month, then the matter should go back before the court to have the warrant withdrawn
63
How do you file a breach of PSO when a breach is not an offence?
Breaches of PSOs should be filed using the complaint form (POL 2142) in NIA, and must be sworn at court by the constable named on the complaint.
64
Can a new PSO be instructed to be issued by the courts?
Yes
65
If the courts have instructed a new PSO to be issued, the person at risk must be notified. What steps must Police take to contact the person at risk?
* make 3 phone call attempts within one hour * then send the local unit and complete a 4Q follow up event * update the NIA record to reflect the action taken
66
What is the only offence in regards to a PSO
Failing to remain
67
Can PSO's be issued against children?
Only between the ages of 16 or 17yrs old if the order is justified by special circumstances
68
What are the "special circumstances" in regards to issuing a PSO to a 16 or 17yr old?
There are reasonable grounds to believe it is necessary to help make that child’s family member, or a person they have a close family relationship with, safe from FV The ‘total level of concern’ (SAFVR and Dynamic) in OnDuty is High, * approval from a Snr Sgt or above has been obtained, and * The authorising Snr Sgt has consulted with OT (National Contact Centre regarding placement / status) 4
69
How long can a PSO be issued for a 16 or 17yr old?`
Must be the least restrictive amount of time possible
70
Do we need to treat children differently when considering a PSO?
Yes A holistic approach should be considered
71
Are there any additional consideration when explaining the rules of a PSO to a 16-17yr old?
Similar to BOR's, we need to ensure they understand so as to not set them up to fail
72
Can you detain a child while issuing a PSO?
yes, up to two hours to issue and serve the PSO (from when you decide to issue the PSO)
73
Can a child be arrested if they have breached or a condition of a PSO?
Yes, the child could be taken into custody in the same way as an adult. ** There is discretion to take a bound child into custody – s43 (2) of the Act uses the word ‘may’. The overriding factor to take a child into custory would be the action is necessary to prevent further offending
74
When should PO's be served
Without delay and at the time of service, demand all firearms and the firearms licence Once served, immediately notify the respondent
75
If someone breaches a PO should they be charged?
If there is sufficient evidence, it is expected that in most cases the offender will be arrested and prosecuted
76
Is a child 18yrs or older protected by a PO?
Yes, if they are living at home. Plus they can be named on the protection order if they no longer at home.
77
From what age can a PO be taken out against someone?
16yrs
78
Who issues Protection Orders?
The Family Court They issue and discharge them. District Courts can also issue a temp PO when an offender appears in front of a judge on a fv charge, and issue a final PO when sentencing an offender on a FV charge.
79
Can Protection Orders issued in foreign countries be registered in NZ?
Yes
80
How long can a subject be detained in court when issuing a PO?
Not exceeding two hours
81
What standard conditions apply to POs?
Consent to contact Stopping contact Property orders Non-violence conditions
82
The Family Violence definition has recently been widened to include?
ill-treatment of pets harassing behaviour (ie loitering near a work place or home, disrupting the care of someone who need it due to age, disability or health), One act or several acts that form a pattern, coercion or controlling behaviour dowry-related abuse
83
Do non-contact conditions apply in all PO's
Yes, however there are some exceptions: an emergency written agreement regarding children attending FGC attending court special condition of the PO
84
Can the protected person stop contact at any time if a PO is in place?
Yes
85
How long does a respondent have to surrender their firearms when a PO has been granted?
No longer than 24hrs (firearms in their possession or under their control) along with their firearms license
86
What happens to a firearms license if a PO becomes final?
The license is revoked
87
Can Police approve a new firearms licence if a PO is in place?
Never
88
What are Non-molestation and non-violence orders treated the same as?
A Protection Order
89
What is the main principle in serving POs?
Safety Information gathering Accountability Working collaboratively
90
When must Police serve a PO?
The respondent holds a firearms license or is believed to be in possession of firearms After assessment it is deemed that there could be significant risk to the server The PO has been granted without notice ** all other PO's should be served by court staff
91
On receipt of a PO, what powers do Police have in regards to firearms?
warrantless search for firearms under s18 of the S&S Act 2012
91
Should Police keep a copy of the PO on the file once it has been served?
No, it should be deleted along with a copy of the protected persons affidavit
92
If a respondent of a PO is a Police employee, where should a copy of the PO be sent?
To the District Commander
93
Under the Family Violence Act, how old is the age of a child?
A child under the age of 18yrs
94
Section 12 FV Act What is the meaning of Family relationship?
A spouse or partner or A family member or Shares a household with Has a close personal relationship with
94
Under the FV Act, what is the definition of property?
Owned by the person, Not owned by the person, but enjoyed, available for their use, in their care or custody
95
Section 29 Police Safety Orders - What are the issues to consider when issuing a PSO?
Has or is inflicting FV Will inflict FV again Welfare of children Hardship
95
When issuing or serving a PSO, how long do you have to do this?
You can detain the person for no longer than two hours
96
Section 34 PSO If the bound person can be issued the PSO in two hours, how long have you got to serve it before it lapses?
48hrs
97
Section 44 PSO If a person cannot be bought before the court within 24hr if taken into custody for breaching a PSO, how must this be handled?
Served a summons

Sgt CPK (24 decks)

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