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5 December 2023 > Family Violence > Flashcards

Family Violence Flashcards

1
Q

PO - Protection Order conditions of the respondent relating to weapons

A

The respondent must not possess or have any weapon (firearm, airgun, pistol) under their control or hold a firearms license.

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2
Q

PO - Who can issue Protection Orders?

A

Family Court - can issue and only be discharged by the court

District Court:
- can issue temp protection order is satisfied person failed or refused to comply with PSO
- can issue final PO upon sentencing for family violence offence

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3
Q

PO - Breach of Protection Order and an assault has occurred. What must you do?

A

Charge the offender with the assault and for the breach.

Do not release the offender on bail for 24hrs provided there is no court hearing before the period has elapsed.

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4
Q

PO - In what instance must Police serve the Protection Order on a respondent ?

A
  • granted without notice or significant risk of harm ie firearms / licence to surrender
  • all other times the courts must serve
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5
Q

PO - Serving PO’s - service principles

A
  • Information gathering
  • Safety
  • Accountability
  • Working collaboratively
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6
Q

PO - District Court ability to issue a temporary protection order and detain ? How long for

A

After determining that a temporary protection order is to be issued, the District Court can detain the person for a period not exceeding 2 hours for the purpose of issuing and serving the order.

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7
Q

PO - What are the standard conditions of a Protection Order that a respondent must not do?

A
  • Physically threaten or abuse the protected person
  • Make any contact with the protected person by any means.
  • Damage or threaten to damage the protected persons property
  • Threaten to sexually assault the protected person
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8
Q

PO - What are the restrictions for Protection orders against a child or young person:

A

Applicants can’t take out a PO against a child or young person unless satisfied that a child is aged 16 years or over and that order is justified by special circumstances

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9
Q

PO - When must the respondent of a Protection Order surrender their weapons and firearms license?

A
  • as soon as practicable after service but within 24hrs
  • on demand at any time by a constable
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10
Q

PO - Are the applicant’s children protected by a Protection Order?

A

The applicant’s children are automatically protected. A child of the applicant who is 18 years or older (adult children) are protected until they leave home.

Adult children who have left home are not protected unless they are specified as a protected person in the order.

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11
Q

PO - On the making of a PO, any firearms licence held by the respondents is

A

Deemed to be suspended.

The licence becomes revoked when an order becomes final.

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12
Q

PO - When can a respondent of a Protection Order make contact with the protected person?

A
  • under a SPECIAL condition of the order
  • order or AGREEMENT relating to the role of providing day to day care or custody of a minor
  • attending a FAMILY group conference
  • in an EMERGENCY
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13
Q

PO - What are the elements of the offence for Breach of Protection Order?

What is a possible defence for the Defendant for breaching?

A

a) doing an act in contravention of the order or

b) failing to comply with any condition of the order

It is a defence if the defendant proves that he or she had a reasonable excuse for breaching the order.

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14
Q

PSO - What are the requirements when applying for Warrants for breaching a PSO

A

If you have RGB that the person is at the address - includes power of entry

Lasts for one month.

Must be withdrawn if you can’t find them.

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15
Q

PSO - When can a PSO not be issued?

A

When a person has been charged for a family violence offence.

When a person is under 16 years of age.

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16
Q

PSO - When a person breaches a PSO and fails to attend court (would be under a summons), what are the Prosecutor, officer of the court or Constable obligated to do in regards to contact with the protected person?

A
  • make 3 phone call attempts within 1 hour
  • send local unit to complete 4Q
  • Update NIA to reflect actions taken
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17
Q

PSO - What are your responsibilities regarding their appearance at Court, when arresting for breach of PSO

A

You must bring the person before the court within 24hrs. If this is not possible, you must release at the expiry of the 24hrs and summons them to appear in court.

18
Q

PSO - Who is a qualified constable for the authorization of a PSO?

A
  • Sgt or above
  • Substantive Sgt authorised under Section 63 of the Policing Act
19
Q

PSO - What can you do if you detain a child for the purposes of issuing a PSO and they abscond?

A

You may arrest the bound child without warrant if they fail or refuse to remain at that place.

This applies regardless of whether an order is issued or served.

Will be dealt with in Youth Court.

20
Q

PSO - When a child breaches a PSO does it come under OT s234?

A

It is not technically an arrest, therefore it does not authorise the use of OT Act section 234 to do with placement in chief custody

21
Q

PSO - What conditions must exist for a PSO to be issued?

A
  • The parties are in a family relationship
  • constable does not arrest the bound person but has RGTB that an order is necessary to ensure the safety of the person at risk.
22
Q

PSO - What applies if the bound person has absconded after breaching a PSO:

A

You have one month to locate them and bring them into custody. You then have 24 hours to bring them before a court.

23
Q

PSO - What are the police powers pending the authorisation and issue of a PSO?

A

Police can detain the person for up to 2 hours. The 2 hour period commences when a decision to issue a PSO is made.

Police can remove the person from the premise and take them to a police station or place used as a police station (patrol car) during the period of detention.

24
Q

PSO - When can you issue a PSO to a 16 and 17 year old?

A
  • RGTB order is necessary to keep person at risk safe from serious FV
    AND
  • Total level of concern is HIGH AND
  • Approval from S/Sgt or above AND
  • OT consulted re placement
25
Q

PSO - Police Safety Orders - What are they?

A

PSOs are immediate orders issued by a qualified constable when attending family violence occurrences where an investigation fails to establish sufficient evidence of an offence.

26
Q

PSO - Refusing to remain at the place where they are detained re PSO, what are your options?

A

A person commits an offence and can be arrested without warrant if he/she fails to remain at the place where they are detained.

$500 fine

27
Q

PSO - How long can a PSO last?

A

Up to 10 days.

28
Q

FV - Who can authorise Police Bail for Family Violence Offences?

A

You must have the authority of a supervisor of or above the level of sergeant before releasing the defendant on bail

29
Q

FV - A person is not regarded as being in a domestic relationship if they have

A

a) a landlord / tenant relationship

b) an employer-employee relationship

30
Q

FV - When should you arrest in a family violence offence?

A

Sufficient evidence for a family violence offence or breach of protection order

31
Q

FV - A person is in a family relationship with another person if?

A

a) spouse, partner or de facto

b) family members

c) share a household (flatmates included)

d) close personal relationship

32
Q

FV - What are the characteristics of Family Violence?

A

The majority of family violence is intimate partner violence. The perpetrator is mostly male and the victim female.

Children are typically present at 50% of all family violence occurrences.

Police must collect risk infomation when family violence involves an Intimate Partner or when children are present

33
Q

FV - In regards to domestic violence, violence includes

A

Physical, Sexual or Psychological abuse.

34
Q

FV - Presumption of Court Bail

A

In most cases, there is a presumption that a defendant is to be bailed.

35
Q

FV - What do you do if there is insufficient evidence to arrest for a family violence offence?

A

Consider issuing a Police Safety Order (PSO).

Ensure the victim is safe before leaving.

Do not give warnings.

36
Q

FV - What types of corroboration is required if a victim becomes a reluctant witness. This may include

A
  • Medical examinations
  • Clothing
  • Scene examinations
  • Photographs of injuries
  • Emergency call (111) recordings
  • Witness statements
37
Q

FV - Under the Act, what is the age of an ‘adult child’?

A

A person aged 18 years and older.

38
Q

FV - Police Bail considerations for family violence offences consist of what?

A
  • Victim’s safety is primary consideration
  • Bail conditions imposed necessary to protect victim and family
  • Link victim to support and services
  • Need for the defendant to have a cooling off period to ensure victim safety
39
Q

FV - What are the Restrictions on Police bail for family violence offences

A

A person must not be granted police bail for 24hrs immediately following their arrest.

Note: When granting bail (after 24hrs), you must have the authority of a supervisor of or above the level of sergeant before granting Police bail.

40
Q

FV - What are the 6 principles that guide Police response to family violence

A

1) Accountability

2) Culturally appropriate

3) Early intervention

4) Safety

5) Working Collaboratively

6) Collection of Risk Information

41
Q

FV - If through your family harm investigations or other duties, you become aware that a respondent of a non-molestation or non-violence order has a firearms licence, you must:

A

Notify an Inspector or above to consider revocation of the firearms licence

5 December 2023 (13 decks)

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