Family Harm Policy Flashcards
Family Harm
What is Family Harm?
Holistic view of Family harm which includes
1: Physical abuse
2: Sexual abuse
3: Psychological abuse
Family Harm
Charactieristics of Family Harm?
Negative behaviour.
1: Family violence.
2: Child abuse & neglect.
3: Sexual violence.
4: Alcohol abuse & illicit drug use.
Family Harm
Other types of Family Harm?
1: Teen dating, Teen harm.
2: Elder abuse.
3: Honour-based harm/violence.
4: LGBTQI harm.
Family Harm
P.S.O.
Firearms?
Section 37
F.V.A 2018
1: Firearms Licence will be suspended for duration of PSO.
2: All Firearms & ammunitions surrendered.
3: Consider fit & proper (Revocation Action) S27-27A Arms Act 1983.
Family Harm
What is Section 99
F.V.A. 2018
1: Temporary PO
Firearms licence suspended.
2: Final PO
Firearms Licence revoked.
Family Harm
Authorising Police Bail?
Before releasing on Police bail for Breach of Protection Order, It must be authorised by a Sgt or above.
Family Harm
Breaches of PO’s
You must?
1: Charge the offender with the breach.
2: Not release on Police Bail for 24hours.
3: The defendant is not Bailable as of right to S7(2) of the Bail Act 2000.
4: Put before the courts within the 24 hours.
Family Harm
Dual defendants.
When it is unclear who the aggressor or victim is. There are counter-allegations.
Both parties arrested and charged.
Family Harm
Police Safety Order
1: Are immediate orders issued by a QUALIFIED constable or a constable authorised by a qualified constable..
2: Must vacant regardless of legal or equitable interest in property.
3: Surrender all Firearms and Ammunition for duration of PSO.
4: Can issue for 10 days.
5: Detain for 2 hours.
6 Arrest if failed to remain.
7: Bring before the court within 24hours, if not able then Summons.
8: If not located, you have 1month to bring before the court for that breach.
Under Section 28 Family Violence Act 2018
Family Harm
Effect of Parenting Order with PSO or PO
If the bound person is a party to the Parenting Order then it will be suspended.
for the duration of the PSO and PO
Family Harm
Qualified Constable
1: Sgt or above.
2: Acting Sgt is not a qualified constable.
3: Allowed up to 2 hours to obtain necessary authority. This starts from when the constable believes that the PSO is necessary.
Family Harm
What is a Protection Order.
A court order merchanism providing safety for victims of family violence.
Made under Section 79 F.V.A 2018
Family Harm
Protection Order
Children
A PO automatically affords protection to the applicant and any children.
A young person aged 18 and older are still protected until they leave home or the order is discharged.
Family Harm
Can a PSO be issued on someone 16 or younger?
Yes, if that person is or has been married / in a civil union / de facto relationship.
Family Harm
Who issues PO’s
Civil remedy issued by the Family Courts
(S. 109).
Family Harm
Can a District Court issue a PO.
Yes!!!!!!
Firstly issue a Tempoaray PO. ( 3 month period )
Without application being made by applicant or either party present.
Family Harm
If determining that a TPO is to be issued in District Court how long can they be detained for?
The District Court can detain that person for a period of 2 hours for that purpose.
(S.52)
Family Harm
District Court
Sentencing Act 2002 (ss.123B)
A TPO can be issued on sentencing an offender convicted of offence involving family harm. Necessary for victims protection.
Family Harm
What year is the Domestic Violence Act?
1995
Family Harm
What year is the Family Violence Act?
2018
Family Harm
What year is the Domestic Protection Act?
1982
Family Harm
Can an applicant contact a respondant by a phone call?
No!
Must give consent in writing.
Email/Letter/Text/D.M.
Section 94
F.V.A 2018
Family Harm
Who can consider a Revocation of a Firearms licence under S27 of the Arms Act.
Inspector or above.
Family Harm
When must Police serve Protection Orders.
1: Respondant holds a firearms licence OR in possesion of firearms.
2: Significant risk
3: PO has been granted without notice.
Family Harm
With PO service
Demand Surrender of Firearms under what Section & Act.
Section 98
F.V.A 2018
No later then / With in 24 hour after service.
Family Harm
How can applicant cancel consent to contact.
In any form,
Spoken, face to face, telephone.
Section 91
F.V.A 2018
Family Harm
What is Section 96
F.V.A 2018
Section 96
Standard no-contact condition.
Other Exceptions.
1: Emergency.
2: Written agreement.
3: Special Conditions PO.
4: Attending Family Conference.
5: Court for mutual participation.
Family Harm
What is Section 100
F.V.A 2018
Section 100
Standard conditions about weapons:
Surrender of weapon or Licence.
1: Weapons that were in control immediately before and after PO.
Family Harm
What is Section 112
F.V.A 2018
Offence to breach PO.
or
Related Property Order.
Contravening!!!!!
Family Harm
What is Section 113
F.V.A 2018
Power to arrest for breach PO.
G.C.T.S
Family Harm
What is Section 176
F.V.A 2018
Section 176
Police to considere exercise of powers under the Arms Act 1983.
Conferred in Section 27(1) & 27A of the Arms Act 1983
Family Harm
What is Section 8
F.V.A 2018
Interpretations.
1: Family Member.
2: Partner.
3: Property.
4: Protected person
Family Harm
What is Section 9
F.V.A 2018
Meaning of Family Violence.
1: Violence inflicted
- Against that person.
- Any other person.
- Is or has been in a family relationship.
Family Harm
What is Section 12
F.V.A 2018
Meaning of family relationship: General.
1: Spouse or partner.
2: Family member.
3: Ordinarily shares a household with.
4: Close personal relationship.
Family Harm
What is Section 13
F.V.A 2018
Meaning of family relationship:
Sharing Household
1: Landlord - Tenant relationship (or)
2: Employee - Employer relationship (or)
3: Employee - Employee relationship.
A - B occupy a common dwellinghouse.
Family Harm
What is Section 14
F.V.A 2018
Meaning of family relationship:
Close personal relationship.
1: Care giver relationship.
2: Non-sexual relationship.
Family Harm
What is Section 26
F.V.A 2018
Police Safety Order:
Guide to this part.
Family Harm
What is Section 27
F.V.A 2018
Police Safety Order:
Interpretations
1: Person at risk.
2: Protected child.
3: Qualified constable.
Family Harm
What is Section 28
F.V.A 2018
Police Safety Order:
Power to issue the order.
Qualified Constable.
Family Harm
What is Section 29
F.V.A 2018
Police Safety Order:
Matter guiding issue and duration
Family Harm
What is Section 31
F.V.A 2018
Police Safety Order:
Limit on issuing against children.
1: Must not unless satisfied 16 years and older under special circumstances.
Family Harm
What is Section 32
F.V.A 2018
Police Safety Order:
Detention for issuing and serving.
1: No longer than 2 hours.
2: Obtain authorisation.
3: Issue the order.
4: Serve the order.
Can detain and fine not exceeding of $500.
Family Harm
What is Section 34
F.V.A 2018
Police Safety Order:
Lapse if not served promptly on bound person under Section 28.
Must be served within 48 hours.
Family Harm
What is Section 35
F.V.A 2018
Police Safety Order:
Duration.
Must not exceed 10 days.
Family Harm
What is Section 36
F.V.A 2018
Police Safety Order
Effect:
Duty to vacate land and building.
Family Harm
What is Section 37
F.V.A 2018
Police Safety Order
Effect:
Duty to surrender weapons
Family Harm
What is Section 43
F.V.A 2018
Police Safety Order
Contravention:
Taking person into custody.
Family Harm
What is Section 44
F.V.A 2018
Police Safety Order
Contravention:
If person in custody cannot be brought before the District Court within 24hour, they must be released or summons to appear.
Family Harm
What is Section 60
F.V.A 2018
Application for Protection Order
Apply to courts for P.O.
Must be family relationship.
Family harm
What is Section 79
F.V.A 2018
Requirements for making of protection order.
1: Order is necessary.
2: Respondant has inflicted violence
