Family Harm Flashcards
What is a PSO
Police Safety Order
Who can issue a PSO
Any Constable may issue a PSO if authorised by a qualified Constable.
A qualified Constable is anyone who holds or is above the rank of a Sergeant.
Who is a ‘Person at Risk’
- the person named in the order (for whose safety the PSO is issued)
- any child residing with that person
Who is a ‘Bound’ person
The person against whom the PSO is issued.
They are bound by the conditions outlined in the PSO.
Who cannot have a PSO issued against them?
A child under the age of 16.
When would you issue a PSO
- When there is insufficient evidence to make an arrest for a FH offence (and you believe it is necessary to take action to ensure the safety of the person at risk)
Considerations when issuing a PSO
- it is likely that the person has inflicted, or is inflicting family violence against the PAR or any person with whom they have a family relationship.
- likelihood they will inflict, or again inflict family violence against the PAR
- welfare of any children residing with the PAR
- hardship caused if the PSO issued
PSO consent?
Police do not need the consent of the PAR to issue a PSO
Section 32(1)
Power to detain
Power to detain…time limit
…for a time period not exceeding two hours
Where can you detain someone to issue a PSO
At the address that Police have found them, or transport them to a Police Station
Purpose of the detention for serving a PSO
- obtain authorisation to issue the order from a qualified Constable
- issue the order
- serve the order
What is the enactment a PSO is issued under?
Family Violence Act 2018
Additional considerations when issuing a PSO
- previous interactions with Police
- history of Mental Illness
- presence or history of intoxication (drugs/alcohol)
- propensity for violence
- PO’s or PSO’s previously issued
- personal knowledge of the parties involved through previous attendance
Failure or Refusal to remain after being detained
Section 32(2)
If the person fails or refuses to remain at the place where they have been detained, this is an offence punishable by a $500 fine.
There is a power of arrest without warrant for the offence of failing or refusing to remain
Bound person must:
- immediately surrender any weapon in their control
- any firearms licence held
- immediately vacate any land occupied by PAR
- not engage in behaviour that amounts to any form of FH against a PAR
- not make any contact with PAR (writing/emails/phone/dig comms)
- not encourage any other person to contact PAR
when CAN a Bound person contact a PAR…
- reasonably necessary in an emergency
- special condition of any relevant PO
- to attend Family Group Conference
- to attend a proceeding before Court
SASA 2012
Section 18
When dealing with FH matters and PSO’s Police have powers to search for arms under this section
Parenting order under PSO
While a PSO is in effect against any person, any parenting order or day-to-day care or contact agreement relating to a child protected by that PSO is suspended
Duration of PSO
for a period specified in the order but no longer than 10 days
When does a PSO come into force?
Immediately on being served on the bound person
Timeframe for serving PSO?
Must be served by a Constable as soon as practical.
However, if the order is not served within 48 hours of being issued the order lapses.
When serving a PSO what needs to be explained?
- purpose of the order
- effect of the order
- duration of the order
- consequences of contravening the order
Breach of a PSO
There is no offence for a person against whom a PSO is issued, to fail or refuse to comply with the order.
The person can be taken into custody, however they must be brought before the District Court within 24 hours of being taken into custody.
Where the bound person has absconded after breaching a PSO, you have one month from the time of the breach to locate them and bring them into custody.
Issuing a summons for a breach of a PSO
If a person found to be breaching cannot be brought before the District Court within 24 hours, they must be released and served with a summons to appear before the District Court.
Served summons and failed to appear…
The District Court may issue a WTA so the person can be brought before them in court
Prosecutors must advise the PAR…
- of the court decision
- any subsequent action
This may be delegated to any Constable
Primary Victim
the person who is experiencing coercive and controlling behaviours from a family member or intimate partner
Predominant Aggressor
a person who is the most significant or principal aggressor in a familial or intimate partner relationship and who has a pattern of using harmful behaviour to exercise coercive control
Child or Young Person exposed to Family Harm
CYPeFH
Even if the abuse is not directed at them, this term will be used for all children and young persons who usually reside at the address
Child
definitions under Family Violence Act 2018
a person under the age of 18 years
CPP
definitions under Family Violence Act 2018
Child Protection Protocol
What is CPP?
Joint process followed when OT and Police respond to actions or behaviour that meet a certain threshold.
Actions or types of behaviours fall into three categories:
1. sexual abuse
2. serious wilful neglect
3. physical abuse
When the criteria for a CPP referral is met…
the referral is submitted via the Family Harm app (5F)
Violence
definitions under Family Violence Act 2018
defined in the Act as:
* physical abuse
* sexual abuse
* psychological abuse
Family violence in relation to a person, means…
definitions under Family Violence Act 2018
violence inflicted:
* against that person and
* by another person whom that person is or has been in a family relationship
Psychological Abuse includes…
definitions under Family Violence Act 2018
- threats of physical or sexual abuse
- damaging victim’s property
- ill-treatment of household pets or other animals
- financial abuse or control
- denying a vulnerable person support or care they require
- intimidation or harrassment
* watching, loitering, or preventing or hindering access to or from any place the victim visits often
* following, stopping or accosting the victim in any place
Psychological Abuse - Child includes…
definitions under Family Violence Act 2018
- the child sees or hears the physical, sexual, or psychological abuse of their family member
- they include the child in the abuse of their family member
The victim of the abuse the child sees/hears is not considered to be the one psychologically abusing them
Report of Concern
ROC
definitions under Family Violence Act 2018
a notification to OT where care and protection concerns are identified.
This notification of concern is not a CPP referral in the 5F app
Family Relationship
definitions under Family Violence Act 2018
- is a spouse or partner of the other person
(a couple living together)
or - is a family member of the other person
(parent & child living in the same house)
or - ordinarily shares a household with the other person
(flatmates)
or - has a close personal relationship with the other person
(boyfriend/girlfriend)
Sharing Household does not include…
definitions under Family Violence Act 2018
- landlord-tenant relationship
or - an employer-employee
or - an employee-employee relationship
or - where they occupy a common dwelling house
Ordinarily shares a household may include…
definitions under Family Violence Act 2018
- flatmates/boarders
-this will depend on the amount of interaction between them and whether they share the same facilities (i.e. bathroom/kitchen)
Power and control Wheel
The wheel serves as a diagram of tactics an abusive partner may use to keep their victim in relationships.
It demonstrates the concept of coercion and control.
examples of psychological abuse tactics on the Power and control Wheel
- cultural abuse
- coercion & threats
- using immigration status
- using dominance
- using isolation
- using children
- using intimidation
- economic abuse
- minimising, denying & blaming
- emotional abuse
- spiritual abuse
examples of physical & sexual violence tactics on the Power and control Wheel
- pushing
- shoving
- hitting
- slapping
- choking
- pulling hair
- punching
- kicking
- grabbing
- tripping
- biting
- throwing them down
- rape
- using or threatening to use a weapon against partner
Static Assessment of Family Harm Recidivism
SAFVR
FH investigation assessment tools
Predictive statistical measure, calculates likelihood a person will commit FH offence in the next 2 years.
The statistical model results in high, moderate or low risk and is derived from info on a variety of databases.
High predictability value.
SAFVR based on variables such as:
- Family violence index offence/incident codes
- age at time of index offence/incident
- offender as an aggressor
- sentences of more than 30 days
- gender + age
- count of previous FH occurrences in the past year
- a count of previous offences
- MOJ conviction record
- previous history of family harm
Dynamic Questions are used to…
Help determine the Total Level of Concern for Safety.
The questions are put to the PAR and are about the person posing risk.
“if the family were all left at the address together, who is most at risk of being harmed?”
SAFVR + Dynamic Assessment =
Total Concern for Safety
* low
* medium
* high
Frontline Safety Plan
actions we take to improve the safety of the victim and children for at least 72 hours post initial attendance
Why at least 72 hours for a Frontline Safety Plan?
within that timeframe a multi-agency meeting, daily safety assessment meeting (SAM) or a review by a Family Harm Specialist should take place.
They will:
* review what has already been done
and, if necessary:
* build upon what Police have done at initial attendance to keep people safe
* also PSO’s are sometimes issued for ten days
The multi-agency meetings or SAM look at sustainable safety for the victim and tamariki and ongoing action with the aggressor.
If a PAR is unable or refuses to answer the Dynamic Questions, an officer can consider the following to determine the level of concern for safety:
- ask other people at the scene
(if it is safe to do so) - make a decision and derive answers based on what has been discovered throughout the investigation
- use previous responses
(if they exist)
Frontline Safety Plans
graduated response model
Traffic light system:
* Green: at a minimum, always consider these safety options
* Orange: if there is a moderate concern for safety, also consider these options
* Red: If there is a high concern for safety, also consider these options
What is a PO?
Family Violence Act 2018
They are a civil remedy issued by the Family Court.
A PO is the means by which the Act aims to protect victims from Family Harm.
Protection is given to “specified persons” who may include a child of the applicant’s family
Who can apply for a PO?
- a person who is or has been in a family relationship
- the representative of a person lacking capacity on that person’s behalf
A representative or an approved organisation on behalf of an applicant
(e.g. womens refuge)
If the applicant is a child they can apply only by:
* an approved representative on the child’s behalf
* if aged 16 years old or over can make an application without a representative
* if authorised by the Court to do so without a representative
PO
Standard Conditions
Non-Violence
the respondent must not towards the protected person(s):
* engage in behaviour that amounts to any form of family violence/family harm
* encourage any person to engage in such behaviours
* ill-treat a house pet or other animal important to them or their family
* engage in harassing behaviour such as loitering near their work or where they live
* disrupt care needs because of age, disability or health conditions
PO
Standard Conditions
- Non-Violence
- Non-contact
- Weapons
PO
Standard Conditions
Non-contact
- a PO has standard non-contact conditions. A protected person may suspend or reinstate standard no-contact conditions as a result of the respondent’s behaviour any number of times.
- If the protected person wants contact with the respondent, they must give consent in writing (i.e. email, letter, text or other digital message)
- The protected person can withdraw consent at any time and stop contact with the respondent. This can just be done by telling them
- Special conditions can formalise ongoing contact
- Contact is not a breach if it is reasonably necessary in an emergency, permitted under a custody order, necessary to attend a family group conference, attend court or under any other special condition
PO
Standard Conditions
Weapons
The respondent must not:
* possess or have under their control any weapon
* hold any firearms licence and must surrender weapons and licences to police as soon as practicable after the service on the respondent of a copy of the PO, but in any case, no later than 24 hours after that service; or on demand, at any time, by any constable
- a firearms licence is deemed to be suspended when a temporary order is made, and revoked on the making of a final order
- the condition relating to weapons will also apply against an associated respondent
PO
who can be the subject of an order?
In most cases the applicaton for a PO will be sought against the person with whom the applicant has a family relationship.
This person is known as the respondent
PO
before granting a PO the court must be satisfied that:
- the respondent has inflicted, or is inflicting, family violence against the applicant or a child, of the applicant’s family, or both.
The order is necessary for the protection of the applicant or the applicant’s child or both
PO
what additional orders can be granted?
- occupation or tenancy of any shared household
- orders to keep the furniture
- parenting orders
PO
relevant powers related to firearms
Demanding surrender of weapons
* at the time of service of the PO, Police will demand surrender of all firearms and the firearms licence
respondents who fail to surrender on demand all firearms in their possession, or their firearms licence, may be arrested for breach of the PO
SASA 2012, Section 18 - warrantless searches associated with arms
PO
who can serve one?
- Court staff
- Bailiffs, or their agents
however, Police serve PO’s if the respondent:
* holds a firearms licence or is believed to be in possession of a firearm, or
* is assessed as being a significant risk to the server, or
* is being served without notice
PO
Offences
It is an offence for a person to, without reasonable excuse:
- do any act in contravention of a PO
- fail to comply with any condition of a protection
Every person who is convicted of an offence against this section is liabile to imprisonment.
The respondent must know of the PO’s existence if criminal charges are to be filed for breaching that order.
They do not necessarily have to be formally served with the order to know of its existence.
PO breaches
Power of arrest
Section 113
Family Violence Act 2018
For breaches of a PO the power to arrest comes from s113 that states:
- where a PO is in force, any Constable may arrest without warrant any person whom the Constable has GCTS has:
- contravened the PO
- failed to comply with any condition of the PO
PO
Bail conditions
24-hour cooling off period
what is this?
Where a person is arrested for breaching a PO, the person must not be released on bail by a member of Police during the 24 hours immediately following the arrest.
However, the Police are still required to bring that person before a court asap and the court may bail that person even if this occurs within 24 hours of arrest.
PO
Bail conditions
Police bail
what is this?
In circumstances where the arrested person is not brought before a court within 24 hours of arrest, the person may at the end of that period be released on police bail.
Police can impose conditions of bail such as:
* curfew provisions
* non-residency clauses
* non-association clauses
these conditions must not interfere with the person’s employment.
Release on police bail must be authorised by an NCO
PO
Bail conditions
Obligations to the protected person?
The protected person must be informed of the intention to release the offender and given an opportunity to comment on any conditions of bail that may be imposed on the offender
