Family Violence Flashcards
What is family violence
Harmful behaviour that is used to control, threaten, force or dominate a family member through fear. Includes sexual, emotional and financial abuse
What’s a family member
A person who currently or previously an intimate personal relationship include sexual and non sexual
A person who is or has been relative
A child who resides or previously resides with them regularly
Current or former spouse or domestic partner
What is a victims, affected family member, perpetrator, respondent, child?
Victim, a person who has been perpetrated against in family violence
Affected family member, a person who is subject of an application for family violence intervention order or safety notice
Perpetrator, person who has perpetrated family violence
Child, a person under age of 18 years
What options are used for investigation for family violence ?
Criminal option, primary response to pursuit criminal charges when appropriate
Civil option, making application for family violence intervention order
Referral option, referring victims to outside help when no crime occurred or civil doesnt met requirements
What questions to ask victim in family violence to determine if it’s an argument or not. Also how many of these has to be fulfilled for it to be confirmed family violence
Have they made you afraid ?
Put you down, humiliated you or tried to control you?
Pushed, hit, punched, kicked, hurt or threatened to hurt you
Made your concerned for the safety of children, other family member or pets
Just one of them being fulfilled is stated to be family violence
What is FAMILY VIOLENCE SAFETY NOTICE (FVSN)
document issued by police to immediately protect safety and well-being of person and their property from behaviour (family violence) perpetrated by the respondent.
When can a FVSN be issued?
By police at any time 24 hours, 7 days a week
What’s an intervention order (IVO)
Document issued by magistrates to protect safety and well-being of the person (AFM) and property from behaviour(family violence) from the perpetrator.
What’s the difference between IVO and FVSN?
IVO handed by magistrates, FVSN handed by police
Summary offences for contravention (FAMILY VIOLENCE)
Section 37, contravention of a family violence safety notice
Section 124, contravention of an intervention order
What is contravention? Explain summary and indictable
The perpetrator breaking the rules the IVO or FVSN against the AFM
Summary offence include breaching the conditions of the IVO or FVSN without causing fear or feeling at risk
Indictable offence is making the AFM feel scared or feel at risk
How does contravention of an IVO or FVSN become an indictable offence ?
If the perpetrator contravenes 3 summary offences within 28 days becomes an indictable offence
Or the perpetrator cause fear or at risk to the AFM, turns into a indictable offence
What indictable offence there are for family violence
Section 37A, contravening of a family violence safety notice intending to cause harm or fear for safety
Section 123A, contravening of an intervention order intending to cause harm or fear for safety
Section 125A, persistent contravention of family violence safety notice and intervention order
