Family Harm

Question 1

Principles

Answer 1

Safety - victims, children and staff

Collection of risk info- Info so can assess, plan and manage risk and guide decisions

Accountability- prompt, comprehensive response, quality report, charge reflects nature
Directing towards programs where can

Working collaboratively- internal and agencies/service providers.

Question 2

Job attendance and considering firearms

Answer 2

NIA check
PSO or PO in place
Consider PSO or arrest if sufficient evidence. In both cases all firearms etc to be seized under 18 a&Zaria or surrendered
3 days to report to commissioner if seized via bully board
Consider victim views to determine if person “fit and proper” to have firearms licence if necessary. 27 and 27a of arms act for revocation

Question 3

Corroboration

Answer 3

Med exam and doc reports 
Photos
Scene exam - sketch and photos 
Clothing 
Witness statements 
111 call 
Emails, texts etc
Admissions or other damaging statements made by suspect

Question 4

Interviewing

Answer 4

Do it early so don’t withdraw

All forensic interviews of child abuse or child witnesses to be fine by specially trained according to the Video recorded forensic interviews with st risk children and young people.

Question 5

Police bail for FV

Answer 5

If PO breached, arrested under s50 of DV act and charged against 49, must not be granted bail during the 24hours after arrest.

Sgt or above must give authority before releasing a Fv offender on police bail

Question 6

Opposing court bail

Answer 6

Section 8 of bail act

8(5) outlines victim is paramount consideration when deciding whether to grant bail for breach of PO

8(1) and (2) to be considered when opposing FV cases to ensure victim and family safety.

Question 7

Safety plans

Answer 7

For all high risk repeat victims and in other cases as necessary.

Can vary from days to even months. Consider suspect location and behaviour, severity of incident and prior, likelihood of further, children and others

Question 8

PSO

Answer 8

Immediate orders issued by qualified constable or constable authorised by qualified constable under 124 of DV act

No victim consent required

Surrender any weapon or firearm licence if applicable
Vacate land or building occupied by person at risk
Cool down period
Same other conditions as a PO - no adult, threats, damage or threats to damage, behaviour amounting to psychological abuse, encourage other person to engage in such behaviour

Suspends parenting order

Question 9

Qualified constable

Answer 9

Of or above rank of sergeant. Must hold substantive position or otherwise be formally appointed or authorised under 63 policing act to appropriate position level

Question 10

When can issue PSO

Answer 10

When does not arrest and have reasonable grounds to believe issuing of order is needed to ensure immediate safety of person at risk

Can be considered in other types of domestic relationships such as usually share a household or are in a close personal relationship

Question 11

Serving PSO

Answer 11

Can detain for up to 2hours to obtain necessary authority and to issue and serve. Period starts when constable decides order is necessary.

Remove person and to station or place used as. Sometimes appropriate at home if short period

Person who refused to remain where they are detained commutes an offence liable in summary conviction to a fine not exceeding $500. May be arrested without warrant

48hours to issue and serve if can’t do within 2 hour detention

Question 12

Breach of PSO

Answer 12

Not an offence but can still be arrested if fail or refuse to comply. May use reasonable force.

Must
Bring before court within 24hours
Make complaint to court requesting order under 124N or act
If cannot go to court within 24hours or before expiry, must release and summons. Can be arrested for failing to appear.

Must have standard evidence sufficiency to arrest.

If abscond after breach, one month from time of breach to locate and arrest

Can apply for warrant under 124O(1) of DV act so have power of entry. Warrant must be withdrawn from court after the month if not located

No charging doc. Complaint form filed st court and sworn by constable.

Court Can impose new order or adjourn so judge can consider TPO

Question 13

PO main points

Answer 13

Priority in service to ensure victim safety

Police must serve PO if respondent holds firearm licence, believed in possession or have access, risk to server is significant

Must demand surrender of firearms at time of service

Must inform victim of service

If sufficient evidence,expected a breach of PO be arrested and prosecuted

Question 14

PO info

Answer 14

Child under 17 protected until leave home

Parents can’t take one against child

Civil remedy by family court and can only be discharged by the court

District court can issue TPO without an application but judge must be convinced victim does not object. Can detain for 2 hours to serve. Can also issue a final PO when sentencing offender for DV offence.

Question 15

Child definition

Answer 15

Under 17 unless married, civil union or a de facto relationship

Question 16

Dwelling house

Answer 16

Any flat or townhouse whether or not occupied pursuant to a licence to occupy within meaning of 121A of land transfer act

Any mobile home, caravan, or other means of shelter placed or erected upon any land intended for occupation on that land

Question 17

Property definition

Answer 17

Person owns
Person does not own but
Uses or enjoys or
Is available for the persons use or enjoyment or 
Is in the persons care or custody  or 
Is at the persons dwelling house

Question 18

Domestic violence

Answer 18

Is or has been in a domestic relationship

Physical abuse
Sexual abuse
Psychological abuse- Damage to property, intimidation, harassment, threat, financial or economic abuse, in relation to child

Psychologically abused child if cause it allows child to hear or see the abuse or puts child st real risk of seeing or hearing

Question 19

Section 4 - meaning of domestic relationship

Answer 19

Spouse or partner
Family member
Ordinarily shares a household
Has close personal relationship

Not landlord tenant
Not employee employer
Unless occupy a common dwelling house

Close personal relationship does not include employee employer

Close personal to consider:
Nature and intensity of relationship 
- amount of time together 
-places time normally spent
-manner in which time ordinarily spent 
Not necessary for sexual
Duration of relationship

Question 20

Section 7

Answer 20

Application for PO

Question 21

Section 14

Answer 21

Power to make PO

Satisfied
Respondent is using it has used DV against applicant or child of or both
Making of order necessary for the protection of applicant or child

Question 22

Section 17

Answer 22

Protection from respondents associates

Against person who respondent is encouraging behaviour against protected person

Question 23

Section 19

Answer 23

Standard condition of PO

Question 24

Section 49

Answer 24

Offence to breach PO

Question 25

Section 50

Answer 25

Power to arrest for breach of PO

Good cause to suspect

Question 26

Police v Elliot 1996

Answer 26

Arrested for breach of PO after not leaving when consent revoked.

Judge dismissed charge as deemed nit enough reasonable time given to leave as was living at the address with all belongings.

Question 27

Senior v Police 2013

Answer 27

Male posted abusive post on FB. Not friends on FB but read via niece.

Held as reckless and highly likely friends would see it and pass it on to ex. Appeal dismissed.