Family Harm Flashcards

1
Q

Family Harm Policy & Procedures

An effective police response to family harm is based on what 6 principles that guide Police Practice?

A
  • Early intervention - “Eyes Wide Open Approach”
  • Culturally appropriate
  • Safety
  • Collecting Risk information
  • Accountability
  • Working collaboratively in Partnership
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2
Q

Family Harm Policy & Procedures

Family Harm processes include the SAFVR measure and Dynamic Risk Assessment at the scene - When combined they determine what ?

A

The Total Concern for Safety

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3
Q

Family Harm Characteristics

Name one model used to understand “coercion and control” in Family Violence ? … AND what Tactics are employed by the abuser

A

The “Duluth power and control wheel”

Tactics include:
* Intimidation
* Isolation
* Emotional and Economic Abuse
* Using Children to Manipulate

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4
Q

Family Harm Characteristics

One model used to understand “coercion and control” in Family Violence is the Duluth Power and Control Wheel? … What is another concept that helps explain the complexity of Family Harm dynamics? … explain 5 ways victims react/feel in these circumstances.

A

“Entrapment and Resistance”

Victims are trapped and unable to leave because:
* Partner is coercive and controlling
* They suffer from low-self esteem
* Fear of further violence
* Often need external help
* May use violence to wrench themselves free

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5
Q

Family Harm - Key Process Points

Name the 10 key process points in a quality Family Harm Investigation … NOTE: … “continually assessed through” … what ?

A

NOTE: All Stages are continually assessed through “Active Case Management”

  1. Initial Response - Family Harm Investigation
  2. Investigation and Crime scene examination
  3. Interviewing Witnesses, Victims, Suspects
  4. Child Protection Protocol referral / Pol 350 OnDuty
  5. Considering Arrest
  6. Charging
  7. Bail
  8. Prosecution or Case disposition
  9. Longer term safety, support and intervention
  10. Monitoring and Evaluation
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6
Q

Family Harm - Bail

When considering Bail in FH cases, what is the primary consideration ?

A

The need to protect the victim of the alleged offence, and any particular person or people in a family relationship with the victim

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7
Q

Family Harm - Police Employees

When attending a family harm episode involving any Police staff, what two simultaneous actions should occur ?

A
  • The normal police response applies
  • Welfare considerations are important for both parties and the Shift Supervisor should, where appropriate, refer the matter to the local Wellness Advisor
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8
Q

Family Harm - Police Employees

In relation to police staff involved in or suspected of family harm, what 4 situations would occur for these policies and procedures to apply?

A
  • Supervisor becomes aware an employee may be experiencing FH either as victim or offender. This includes any anecdotal evidence.
  • Police attend a FH investigation and although no offending is disclosed, a PSO warning is issued or Police are concerned about possible escalation of FH
  • Police attend a FH investigation and offending is disclosed where the employee is the victim or offender
  • Police become aware that a temporary or final P.O. has been issued relating to the employee either as protected person or respondent
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9
Q

Family Harm - Police Employees

If a Police employee is identified as a “person at risk” OR “person posing risk”, attending officers must report this confidentially to who?

A

Their Supervisor, who will contact a Wellness Advisor ASAP to arrange appropriate Police contact and oversight of referral to appropriate support groups

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10
Q

Family Harm - Police Employees

If an employee is arrested or charged for Family Violence offending, the Shift Supervisor must report this immediately to whom?

A
  • District Employee Practice Manager; AND
  • Professional Conduct Manager who will advise District Commander or relevant Director
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11
Q

Family Harm - Police Employees

If an employee is arrested or charged for Family Violence offending, the Employee Practice Manager and the Director: Integrity and Conduct at PNHQ must consider what?

A

The Employees suitability to continue working in their current role and if appropriate, any variation in duties

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12
Q

Family Harm - Police Employees

Protection Orders contain standard prohibition conditions preventing possession and use of ANY weapons, including Firearms. Are Police Officers allowed to carry their batons, spray and taser (even at training) if they’re issued with a P.O. ?

A

NO, they will be in breach of the Protection Order

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13
Q

Family Harm - Police Employees

If Protection Orders are issued against Police Officers - Are the said Police Officers allowed to work in an exhibit room handling firearms and weapons?

A

NO

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14
Q

Family Harm - Police Employees

In relation to protection orders who makes the final decision on whether the police will support an application under section 22 for applications to vary a protection order, (ie: Varying the standard conditions in relation to weapons under section 108 of the Family Violence Act 2018)

A

The Executive Director: People Capability - in consultation with the Director - Criminal Investigations group

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15
Q

Family Harm - Protection Orders

When must police serve a protection order ?

A

If the Respondent:
* Holds a firearms license; OR
* Is believed to be in possession of OR have access to a firearm, (whether or not they have a license); OR
* Service assessed as being a significant risk to the server; OR
* Protection Order is granted without notice

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16
Q

Family Harm - Protection Orders

Is the child of an applicant covered under the Protection Order?

A

YES - The P.O. automatically affords protection to any child of the applicants family

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17
Q

** Family Harm - Protection Orders **

Is an 18yr old child of an applicant covered under the Protection Order if they have left home?

A

NO - although the way around this is that Adult children must be identified as a “specified person” OR apply to the Court for their own Protection order

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18
Q

Family Harm - Protection Orders

Can “protection” be provided by a P.O. to a person with whom the applicant of a Protection Order has a family relationship

A

YES, as long as it’s stated on the Protection Order - (defined under Section 12 - meaning of a Family Relationship)

19
Q

Family Harm - Protection Orders

Can you take out a protection order against a young person if they are 15 years old

A

NO - the young person needs to be aged 16 years old or over and the order is justified by special circumstances

20
Q

Family Harm - Protection Orders

Can a protection order issued by Foreign Courts be enforced?

A

As long is the protection order issued by the foreign court has been registered in New Zealand

21
Q

Family Harm - Protection Orders

The District Court can issue a Temporary and Final protection order in certain circumstances in order to protect a victim. What does the court need to be satisfied of in relation to the victim?

A

That the Victim does not object to the order

22
Q

Family Harm - Protection Orders

The District Court can issue Protection Orders in certain circumstances. If a PSO is breached and the Court decides to issue Temp. P.O., do either of the parties involved need to be present in Court in order for the Judge to issue the Order?

A

NO

23
Q

Family Harm - Protection Orders

Do the Protection Orders issued in the District Court (ie: for Breach of PSO) have the same effect as those issued in the Family Court?

A

YES

24
Q

Family Harm - Protection Orders

How long can a District Court detain a person for in order to have a Temporary Protection Order issued and served against them

A

2 hours

25
Q

Family Harm - Protection Orders

When can a District Court issue a Final Protection Order? (3 Things)

A
  • When Sentencing an Offender convicted of Family Violence Offence (123B Sentencing Act 2002)
  • If satisfied Order necessary for Victim’s Protection
  • Victim does not object to the Order
26
Q

Family Harm - Protection Orders

All protection orders, “including ones granted before 1st of July 2019” will have “additional standard conditions” and changes to the meaning of terms used in the order. What 4 things does this include?

A
  • Consent to contact
  • Stopping contact
  • Variations to orders relating to property
  • New definitions of family violence; abuse; and psychological abuse
27
Q

Family Harm - Protection Orders

Are the Non-Violence Orders (Domestic Protection Act 1982) & Protection Orders (Dom. Violence Act 1995) issued under those old Acts still relevant and how are they treated under the Family Violence Act 2018?

A

YES - They are treated as Protection Orders issued under the FV Act 2018

28
Q

Family Harm - Protection Orders

The use of Retrospective Protection Order conditions means what?

A

That the Non-Violence Orders (Domestic Protection Act 1982) & Protection Orders (Dom. Violence Act 1995) issued under those old Acts, will now incorporate the new Protection Order additional standard conditions automatically.

29
Q

Family Harm - Protection Orders

What are the standard Non-Violence conditions in a Protection Order ? (3 things a respondent MUST NOT DO)

A

The respondent must not:
* engage in behaviour that amounts to any form of family violence against protected person
* make any contact with the protected person that is not authorised
* encourage any other person to engage in behaviour against, or to make contact with, the protected person, whether the behaviour if engaged in or made by the respondent, would be prohibited by the order

30
Q

Family Harm - Protection Orders

From 1st of July 2019, the definition of Family Violence has been widened to include what ? (6 things)

A
  • Ill-treating a household pet or animal important to family
  • Harassing behaviour such as loitering near home or work
  • Disrupting the care of someone who needs it because of their age, disability or health condition
  • One act or several acts that form a pattern of behaviour, even if they seem minor or trivial
  • Coercion or Controlling behaviour
  • Dowry-related abuse
31
Q

Family Harm - Protection Orders

Non-contact conditions P.O.
Contact is not a breach of the standard non-contact conditions if the contact is - what ?

A
  • Reasonably necessary in an emergency
  • Permitted under any order or written agreement regarding contact, care or custody of a Child or YP
  • Permitted under any special condition of the P.O.
  • Necessary for purposes of attending an FGC
  • Necessary to attend Court or Restorative Justice Conference etc.
32
Q

Family Harm - Protection Orders

Consent to Contact ?
Is the respondent allowed to have contact with the protected person ?

A

Yes, as long as it is in writing, and can be by way of either email, letter, text or other digital message

33
Q

Family Harm - Protection Orders

Can the protected person change their mind and stop contact with the respondent?

A

YES - they can withdraw consent at any time in any way, and they do not need to do it in writing - they can just tell them

34
Q

Family Harm - Protection Orders

Can another person give Consent OR Withdraw Consent on the applicants (protected person) behalf?

A

YES - As long as this is by a person specified in a special condition of the Protection Order

35
Q

Family Harm - Protection Orders

Can a person be charged with Failing to attend a Non-Violence Programme ?

A

Yes - Liable on conviction to 6 months imprisonment or max $5000 fine

36
Q

Family Harm - Protection Orders

Conditions relating to Weapons
It is a condition of every Protection Order that the respondent must not posses - what?

A
  • Possess, or have any weapon (Firearm, Airgun, Pistol, Restricted Weapon, Ammunition or Explosive) under their control
  • Hold a Firearms Licence
37
Q

Family Harm - Protection Orders

Conditions relating to Weapons
What is the time frame for when a Respondent must surrender to Police any weapon in their possession or under their control AND any firearms licence held by them ?

A
  • As soon as practicable after Protection Order is served on them (within 24 hours of the service); AND
  • On demand made, at any time, by a Constable
38
Q

Family Harm - Protection Orders

On the making of a Protection Order - a Firearms Licence held by the Respondent is deemed to be (what status)?

A

SUSPENDED

39
Q

Family Harm - Protection Orders

Once the Protection Order is Final - a Firearms Licence held by the Respondent is deemed to be (what status)?

A

REVOKED

40
Q

Family Harm - Protection Orders

When must Police return the Firearms/Weapons to the Respondent?

A

As soon as practicable, after the suspension ceases to be in force

41
Q

Family Harm - Protection Orders

Can Police approve the issue of a Firearms Licence for the respondent while a Protection Order is in force?

A

NO

42
Q

Family Harm - Protection Orders

If you become aware a Respondent of a old valid Non-Molestation OR Non-Violence Order has a Firearms Licence, what should you do?

A

Notify an Inspector (or above) to consider revocation of F/Licence

43
Q

Family Harm - Police Safety Orders

Explain the process to determine “Special Circumstances” when issuing a PSO against a 16 or 17-year-old child ?

A
  • Reasonable grounds to believe issue of order is necessary to help make victim safe from serious family violence; AND
  • the total level of concern in OnDuty (SAFVR and Dynamic) is HIGH;; AND
  • approval from Senior Sergeant or above obtained; AND
  • authorising Senior Sgt has consulted with OT