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Police Study > Family Harm : FH > Flashcards

Family Harm : FH Flashcards

1
Q

Protection Orders, Applicant?

A

Person applying for Protection Order.

  • Victim (Person in family relationship)
  • Representative on behalf
  • Representative, approved organisation i.e. Women’s Refuge
  • Children, under 16 in special conditions.
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2
Q

Protection Orders, Respondent?

A

Person, normally in a family relationship that the PO application has been sought against

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3
Q

Standard conditions of a Protection Order? Respondent must not…

A
  • commit any Violence or threats, or get someone else to.
  • have Contact.
  • have any Weapons or licences for firearms.
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4
Q

If Temporary Protection Order is not challenged within ____ it then becomes a final Protection Order

A

3 months.

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5
Q

Special bail requirements after arrest of breach of PO?

A
  • No release on bail within 24hrs (unless court sees them with 24hrs and gives bail)
  • Police bail - after 24hrs but with conditions.
  • Inform Protected Person of offender on bail and conditions.
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6
Q

Offences against a Protection Order that give you Power of Arrest, s113, FVA 2018.

A

Good cause to suspect:

s113(a) - contravened the PO
s113(b) - failed to comply with any conditions of PO

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7
Q

Grounds for Protection Order or one in place, what Act and section can you use to search & seize weapons?

A

Search and Surveillance Act 2012, s18 - Search & Seizure of arms and firearms licence.

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8
Q

Who can issue a PSO?

A

Any constable authorised by a ‘qualified constable’ (Sgt or above).

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9
Q

Purpose of issuing a Police Safety Order (PSO)?

A

To ensure family harm doesn’t continue or restart after you leave, and you don’t have enough evidence to arrest.

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10
Q

Standard Condition of a PSO for respondent?

A

Must

  • vacate land/building
  • Suspension firearms licence
  • must not engage in any form of family violence/damage to property
  • no unauthorised contact
  • Encourage anyone else to contact or conduct behaviour that amounts to family violence
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11
Q

Maximum PSO duration?

A

10 days. (consider starting at 24hrs, increase considering other factors such as History, Circumstances, Hardship, Ending at a appropriate time)

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12
Q

Issuing PSO, is consent required by Person at Risk?

A

No.

Not getting consent can aviod the Person at Risk not being blamed.

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13
Q

Time duration you have to serve a PSO?

A

Immediately or within 48hrs.

If not the order will lapse and have to be redone.

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14
Q

Info provided to ‘Bound person’ & ‘Person at Risk’ when PSO served?

A
  • Purpose of PSO
  • Effect of PSO
  • Duration of PSO
  • Consequences of contravening order
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15
Q

Bound Person? (PSO)

A

Person who the PSO is being served to. Offender.

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16
Q

Person at Risk? (PSO)

A

Person who the PSO is served to protect. Victim.

17
Q

s43, FVA 2018 - Actions on breach of PSO?

How long to find, what happens to them.

A
  • 1 month to find and detain bound person.

- Hold in custody for appearance in court within 24hrs.

18
Q

s32, FVA 2018 - Power to detain, time-frame and reason? PSO

A
  • 2hrs

- Allow police to complete and serve a PSO

19
Q

s44, FVA 2018 - Issue Summons

A

If person can’t be seen by District Court within 24hrs, issue summons.

Fail to show, Warrant to Arrest (WTA)

20
Q

FOUR Principles regarding to serving a Protection Order?

A
  1. Safety of all parties.
  2. Risk information gathering
  3. Accountability of respondent breaches
  4. Work collaboratively - FVC, Court Staff, Police records staff.
21
Q

s46, FVA 2018 - Court options for PSO breach?

A
  • Police issue another PSO (detain for 2hrs if necessary)

- Consider issuing a temporary Protection Order (detain for 2hrs if necessary)

22
Q

How can you arrest in relation to PSO?

A
  • Fails/refuses to remain detained
  • Bound person breaches PSO conditions, get WTA
  • Detain rather than arrest fails/refuses to comply for PSO conditions
23
Q

After attending a family harm situation, what options are available to police?

A
  • No further action (other than reporting)
  • Issue PSO
  • Issue a warning
  • Arrest offence disclosed, sufficient evidence
24
Q

s31, Family Violence Act 2018 - who cannot have a PSO issued against them?

A

A child, unless they are aged 16 or over and justified by special circumstances

25
Q

S9, FVA 2018 - violence is defined as?

A

Physical abuse
Psychological abuse
Sexual abuse

26
Q

Under the FVA 2018, Child is defined as?

A

Under 18yrs.

27
Q

Arrest power for breaching a PO is what section under FVA 2018?

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