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Police Sgt Exams NZ > Family Harm Policy > Flashcards

Family Harm Policy Flashcards

1
Q

Family Harm

What is Family Harm?

A

Holistic view of Family harm which includes
1: Physical abuse
2: Sexual abuse
3: Psychological abuse

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2
Q

Family Harm

Charactieristics of Family Harm?
Negative behaviour.

A

1: Family violence.
2: Child abuse & neglect.
3: Sexual violence.
4: Alcohol abuse & illicit drug use.

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3
Q

Family Harm

Other types of Family Harm?

A

1: Teen dating, Teen harm.
2: Elder abuse.
3: Honour-based harm/violence.
4: LGBTQI harm.

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4
Q

Family Harm

P.S.O.
Firearms?
Section 37
F.V.A 2018

A

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.

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5
Q

Family Harm

What is Section 99
F.V.A. 2018

A

1: Temporary PO
Firearms licence suspended.

2: Final PO
Firearms Licence revoked.

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6
Q

Family Harm

Authorising Police Bail?

A

Before releasing on Police bail for Breach of Protection Order, It must be authorised by a Sgt or above.

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7
Q

Family Harm

Breaches of PO’s
You must?

A

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.

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8
Q

Family Harm

Dual defendants.

A

When it is unclear who the aggressor or victim is. There are counter-allegations.
Both parties arrested and charged.

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9
Q

Family Harm

Police Safety Order

A

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

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10
Q

Family Harm

Effect of Parenting Order with PSO or PO

A

If the bound person is a party to the Parenting Order then it will be suspended.
for the duration of the PSO and PO

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11
Q

Family Harm

Qualified Constable

A

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.

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12
Q

Family Harm

What is a Protection Order.

A

A court order merchanism providing safety for victims of family violence.
Made under Section 79 F.V.A 2018

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13
Q

Family Harm

Protection Order
Children

A

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.

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14
Q

Family Harm

Can a PSO be issued on someone 16 or younger?

A

No, unless that person is or has been married / in a civil union / de facto relationship.

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15
Q

Family Harm

Who issues PO’s

A

Civil remedy issued by the Family Courts
(S. 109).

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16
Q

Family Harm

Can a District Court isuue a PO.

A

Yes!!!!!!
Firstly issue a Tempoaray PO.
Without application being made by applicant or either party present.

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17
Q

Family Harm

If determining that a TPO is to be issued.

A

The District Court can detain that person for a period of 2 hours for that purpose.
(S.52)

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18
Q

Family Harm

District Court
Sentencing Act 2002 (ss.123B)

A

A FPO can be issued on sentencing an offender convicted of offence involving family harm. Necessary for victims protection.

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19
Q

Family Harm

What year is the Domestic Violence Act?

A

1995

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20
Q

Family Harm

What year is the Family Violence Act?

A

2018

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21
Q

Family Harm

What year is the Domestic Protection Act?

A

1982

22
Q

Family Harm

Can applicant contact a respondant by a phone call?

A

No!
Must give consent in writing.
Email/Letter/Text/D.M.
Section 94
F.V.A 2018

23
Q

Family Harm

Who can consider a Revocation of a Firearms licence under S27 of the Arms Act.

A

Inspector or above.

24
Q

Family Harm

When must Police serve Protection Orders.

A

1: Respondant holds a firearms licence OR in possesion of firearms.
2: Significant risk
3: PO has been granted without notice.

25
Q

Family Harm

With PO service
Demand Surrender of Firearms under what Section & Act.

A

Section 98
F.V.A 2018
No later then 24 hour after service.

26
Q

Family Harm

How can applicant cancel consent to contact.

A

In any form,
Spoken, face to face, telephone.
Section 91
F.V.A 2018

27
Q

Family Harm

What is Section 96
F.V.A 2018

A

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.

28
Q

Family Harm

What is Section 100
F.V.A 2018

A

Section 100
Standard conditions about weapons:
Surrender of weapon or Licence.
1: Weapons that were in control immediately before and after PO.

29
Q

Family Harm

What is Section 112
F.V.A 2018

A

Offence to breach PO.
or
Related Property Order.
Contravening!!!!!

30
Q

Family Harm

What is Section 113
F.V.A 2018

A

Power to arrest for breach PO.
G.C.T.S

31
Q

Family Harm

What is Section 176
F.V.A 2018

A

Section 176
Police to considere exercise of powers under the Arms Act 1983.
Conferred in Section 27(1) & 27A of the Arms Act 1983

32
Q

Family Harm

What is Section 8
F.V.A 2018

A

Interpretations.
1: Family Member.
2: Partner.
3: Property.
4: Protected person

33
Q

Family Harm

What is Section 9
F.V.A 2018

A

Meaning of Family Violence.
1: Violence inflicted
- Against that person.
- Any other person.
- Is or has been in a family relationship.

34
Q

Family Harm

What is Section 12
F.V.A 2018

A

Meaning of family relationship: General.
1: Spouse or partner.
2: Family member.
3: Ordinarily shares a household with.
4: Close personal relationship.

35
Q

Family Harm

What is Section 13
F.V.A 2018

A

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.

36
Q

Family Harm

What is Section 14
F.V.A 2018

A

Meaning of family relationship:
Close personal relationship.
1: Care giver relationship.
2: Non-sexual relationship.

37
Q

Family Harm

What is Section 26
F.V.A 2018

A

Police Safety Order:
Guide to this part.

38
Q

Family Harm

What is Section 27
F.V.A 2018

A

Police Safety Order:
Interpretations
1: Person at risk.
2: Protected child.
3: Qualified constable.

39
Q

Family Harm

What is Section 28
F.V.A 2018

A

Police Safety Order:
Power to issue the order.
Qualified Constable.

40
Q

Family Harm

What is Section 29
F.V.A 2018

A

Police Safety Order:
Matter guiding issue and duration

41
Q

Family Harm

What is Section 31
F.V.A 2018

A

Police Safety Order:
Limit on issuing against children.
1: Must not unless satisfied 16 years and older under special circumstances.

42
Q

Family Harm

What is Section 32
F.V.A 2018

A

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.

43
Q

Family Harm

What is Section 34
F.V.A 2018

A

Police Safety Order:
Lapse if not served promptly on bound person under Section 28.
Must be served within 48 hours.

44
Q

Family Harm

What is Section 35
F.V.A 2018

A

Police Safety Order:
Duration.
Must not exceed 10 days.

45
Q

Family Harm

What is Section 36
F.V.A 2018

A

Police Safety Order
Effect:
Duty to vacate land and building.

46
Q

Family Harm

What is Section 37
F.V.A 2018

A

Police Safety Order
Effect:
Duty to surrender weapons

47
Q

Family Harm

What is Section 43
F.V.A 2018

A

Police Safety Order
Contravention:
Taking person into custody.

48
Q

Family Harm

What is Section 44
F.V.A 2018

A

Police Safety Order
Contravention:
If person in custody cannot be brought before the District Court.
Within 24hour otherwise must be released or summons to appear.

49
Q

Family Harm

What is Section 60
F.V.A 2018

A

Application for Protection Order
Apply to courts for P.O.
Must be family relationship.

50
Q

Family harm

What is Section 79
F.V.A 2018

A

Requirements for making of protection order.
1: Order is necessary.
2: Respondant has inflicted violence

Police Sgt Exams NZ (6 decks)

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