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Exam 2 PREP > Family Harm > Flashcards

Family Harm Flashcards

1
Q

Before arresting someone for breaching a Protection Order, the investigators must establish whether:

A

1) there is still a valid protection order
2) the person has failed to comply with any of the conditions of the protection order or
3) done any act in contravention of the order

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2
Q

Where does your power to arrest for a breach of Protection Order come from?

A

Domestic Violence Act 1995

Section 50

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3
Q

Post-arrest: BOPO
(Breach of Protection Order)

What are you going to tell him in relation to BAIL?

A

If arrested under s50 and charged with offence under s9 of DVA 1995, they must
- NOT BE GRANTED BAILED DURING 24hrs immediate Post-arrest.

Also applies when person is charged with another offence in addition to the breach offence (s23 Bail Act 2000).

  • Arrested person to be brought before the court ASAP
  • At expiry of 24hr and pending court appearance, follow standard procedures for determining whether the person should be granted police bail.
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4
Q

Explain how flatmates fall within the definitions of the DVA 1995

A

Flatmates who share a household with each other and do not fall in the exclusions of being employee, employer or landlord tenant exemptions section for domestic violence act 1995.

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5
Q

Who can authorise the issuing of a PSO?

A

A suitably qualitied constable holding the substantive rank of Sgt or above.

They must hold the substantive position level or otherwise be formally appointed or authorised under section 63 Policing Act 2007 to the appropriate position level.

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6
Q

You start a PSO for a person, but he states that he is not hanging around.

What action would you take in these circumstances?

A

You can detain the person for a period of up to 2hrs for the purpose of serving a PSO.

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7
Q

You discover that a person you have recently arrested for BOPO may have a shotgun at his residential address. While he is in custody you decide to search for and uplift this firearm.

What powers do you have to return to his address; enter, search and seize the firearm?

A

Search and Surveillance Act 2012
Section 18

RGTS that a person who is carrying arms, or is in possession of them or has them under their control and:
- a protection order is in force against the person under the Domestic Violence Act 1995.

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8
Q 
Domestic Violence Act 1995
Section 48 (1)(a) states that it is an offence for a person to:
A

do any act in CONTRAVENTION of a Protection Order

Penalty: 3yrs imprisonment

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9
Q 
Domestic Violence Act 1995
Section 48 (1)(b) states that it is an offence for a person to:
A

without reasonable excuse, fail to comply with any condition of a Protection Order

(Penalty: 3yrs imprisonment)

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10
Q

What is your power to arrest when an offence against DVA 1995 s49(1) occurs?

A

Domestic Violence Act 1995

Section 50

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11
Q

What is Domestic Violence Act 1995,

Section 50?

A

Power to arrest:
Where a Protection Order is in force, any constable may arrest without warrant, any person whom the constable has good cause to suspect has:

50(a) - contravened the PTO
50(b) - failed to comply

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12
Q

What are conditions of every PTO?

A

DVA 1995, s19(1)

Condition of every PTO that the respondent must not:

  • physically/sexual abuse or threaten to abuse the protected person
  • damage or threaten to damage, property of the protected person
  • engage or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of the protected person,
  • encourage any person to engage in behaviour against a protected person, where the behaviour, if engaged in by the respondent, would be prohibited by the order.

Non-contact conditions***

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13
Q

What are standard “Non-contact conditions” in a Protection Order?

A

Section 19(2) Domestic Violence Act 1995

Standard Non-contact conditions in every protection order also apply except whole the protected person and respondent are, with the express consent of the protected person, living together in the same house.

The Non-contact conditions are automatically suspended during this period but may be revived if the protected person subsequently withdraws their consent to the respondent living in the same house.

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14
Q

Police Safety Order:

Who is a ‘bound person’?

A

The person against whom the order is issued becomes the bound person (i.e. Aggressor).

They are bound by the conditions outlined in the PSO.

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15
Q

Police Safety Order:

Section 124c - Consent section

A

Police do not need the consent of the person at risk to issue a PSO.
That way, we are able to avoid the person at risk being blamed for police action.

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16
Q

Who does PSO include?

Section 124E

A

A person at risk is defined as:

  • the person named in the order (for whose safety the order is issued)
  • any child residing with that person (includes children of the person bound regardless if person at risk is a parent or not)
17
Q

Who cannot have a PSO issued against them?

Section 124d

A
  • A child
  • Any person under the age of 17 years

*** this excludes any person under the age of 17 years who is or has been married or in a civil union or defacto relationship

18
Q

Police Safety Order:

Power to detain?

A

Section 124i

The person a constable intends to issue a PSO on may detain them for a maximum period of 2hrs, whether at the address or at the police station.

19
Q

True of False?

If a person is detained under enactment (Domestic Violence Act 1995), they must be advised of the caution/rights.

A

True.

20
Q

Police Safety Order:

What is the purpose of the 2hr max detention?

A

It allows the issuing officer sufficient time to:

  • seek authorisation to issue the order form from a qualified constable
  • issue the order
  • serve the order
21
Q

Police Safety Order:

Failing or refusing to remained after being detained?

Section 124i

A

That person commits an offence punishable by a $500 fone

22
Q

Effect of a Police Safety Order:

What must the ‘person bound’, immediately do?

A

1) Surrender to a constable:
- any weapon in his or her possession or control (including firearms)
- any firearms licence held (the licence is deemed to be suspended. s124F)

2) Vacate any land occupied by the person at risk, regardless of legal interest in the land or build i.e the family home

23
Q

True or False:

The effect if a PSO mirrors that of a standard Protection Order conditions.

A

True.

24
Q

Police Safety Order:

When must the order be served?

A

Section 124h

The PSO must be served promptly

  • as soon as practical
  • served with 48hrs of being issued

If person bound is unable to be located for service of PSO, it is then noted as a “cooling down” period takes place. If another call-out with same parties comes about, the process can be repeated.

25
Q

Police Safety Order:

What MUST you explain to both parties when serving a PSO?

A
  1. Purpose
  2. Effect
  3. Duration
  4. Consequences
26
Q

Police Safety Order:

What happens when there is a contravention [breach] of a PSO?

A

There is NO OFFENCE as such for the person bound.

However, a constable may, without warrant, using reasonable force, ‘take the person bound into custody’ and bring them before the District Court.

27
Q

Police Safety Order:

True or False?

If the person bound, taken into custody can’t be brought before the District Court within 24hrs, they Must be released and served with a summons to appear before the District Court.

A

True!

Take into consideration weekends and public holidays etc.

28
Q

Police Safety Order:

True or False?

If the person bound, served with a summons - FAILS TO APPEAR in District Court; be is free to go.

A

False.

If he fails to appear, the court may issue a warrant to arrest that person and direct the Police to bring them before the court.

29
Q

Police Safety Order :

There are not many occasions you can arrest a person when dealing with PSO.

WHAT ARE FOUR SITUATIONS YOU CAN ARREST SOMEONE WHEN DEALING WITH A PSO?

A

1) Person bound fails or refuses to remain at a place where they are detained (s124i(2)).
2) Person bound breaches a PSO, you may apply to the court for a warrant to arrest (WTA). This provides a POWER OF ENTRY.
3) DETAIN (rather than arrest) any bound person fails or refuses to comply with any condition of the order, a constable may ‘take the person into custody’ (s124L)
4) If you take a person into custody for breaching a PSO, you may use such force as is reasonably necessary

30
Q

Police Safety Order:

If you arrest a person for a Family Harm offence and subsequently decide not to charge, can you still then issue a PSO?

A

No.

You CANNOT issue a PSO post arrest and no charges laid, however - for a non-family harm offence you may still issue a PSO if you have the necessary concerns for safety of a person at risk and any children residing with him or her.

31
Q

Police Safety Order:

When dealing with a breach of PSO, the court may:

A

1) release the bound person with no further action
2) direct the police to issue another PSO to be served on the bound person as soon as possible.
3) issue a temporary PROTECTION ORDER.

*** Bound person can be detained for up to 2hrs while a PSO or temporary PROTECTION ORDER is being served.

32
Q

Police Safety Orders:

True or False?

Prosecutors must advise Person at risk (PAR) of the court decision and any subsequent action. This may be delegated to any constable.

A

True.

Note: A temporary Protection Order CANNOT be issued by the district court on the above circumstance if the PAR has already made application for a temporary Protection Order in the Family Court.

33
Q

Protection Order:

Who can apply?

A
  • a person who is in a domestic relationship with another person
  • the representative of a child on the child’s behalf
  • the representative of a person lacking capacity on that person’s behalf
  • a third party on behalf of the victim
34
Q

Protection Order:

Can a parent take out a protection order against their child or young person?

A

No.

Violent CYP should be dealt with under the provisions of ORANGA TAMARIKI ACT 1989.

35
Q

Protection Order:

What are the two parties on a PTO?

A

1) Applicant

2) Respondent

36
Q

TRUE OR FALSE:

An application for a Protection Order can be brought against a child; that is, an unmarried person under the age of 17.

A

FALSE!

Where a child has behaved violently in a domestic situation, the appropriate course of action is proceedings under the OT Act 1989.

Exam 2 PREP (4 decks)

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